111-05 Queens Point, LLC

FP7en'nitlass Permit Number
111-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�rrr�it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Queens Point LLC., Suite 2050 300 N. Greene St., Greensboro NC 27401
Authorizing development in New Hanover County at AIWW and Howe Creek at 2535 Middle
Sound Loop Rd., near Wilmington , as requested in the permittee's application dated 5/14/03 (MP-1 and MP-4)
including attached woftlan drawings (3) 5 and 6A f 9 dated 7/03 and 8 of 9 dated revised 5/19/03
This permit, issued on June 28. 2005 , 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.
V I) In accordance with Policy 4.10 of the Wilmington—New Hanover County Land Use Plan, which
prohibits new dredging activities in outstanding resource waters such as Howe Creek, the proposed
dredging of the 60' x 160' basin and 750' x 30' access channel is not authorized, and all references to
this dredging is hereby deleted from the attached workplan drawings and permit application.
Docking Facility Expansion
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
expanded docking facility. Any sewage discharge at the expanded docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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
f personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
Charles S. Jones, Director
hereunder requires further Division approval. Division of Coastal Management
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008
s In issuing this permit, the State of North Carolina agrees
a that your project is consistent with the North Carolina Coastal
�� Management Program. Signature of Permittee

Queens Point, LLC Permit #111-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) This permit authorizes only the docks, piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structure, whether
floating or stationary, shall become a permanent part of this expanded docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over public trust
waters without permit modification.
4) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor, which is determined by
drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that
intersects with the shore at the point where the upland property line meets the water's edge.
5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
6) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation.
7) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
K) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
9) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
r
inclement weather.
10) This permit authorizes a maximum of four new boat slips, in addition to the two existing slips.
NOTE: The permittee is cautioned that this permit does not authorize the placement of tie piles in
association with the expanded docking facility. The issuance of this permit does not relieve the
permittee from taking all proper steps to ensure the integrity of the structure and the safety of
moored boats. The permittee shall not hold the State of North Carolina or the United States
liable for any damage to the structure or moored boats.
a
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Queens Point, LLC Permit#111-05
Page 3 of 3
ADDITIONAL CONDITIONS
General
11) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to
initiation of construction.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3400 (DWQ Project No. 050240), which was issued on 3/23/05.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No.
200500360.
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yt

ALIT:-11WA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
June 29, 2005
Queen's Point,LLC
300 North Greene Street Suite 2050
Greensboro,NC 27401
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the 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.To facilitate this review, we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT - Proposed Permit Modification
1. APPLICANT'S NAME: Queens Point, LLC
2. LOCATION OF PROJECT SITE: 2535 Middle Sound Loop Road, adjacent to the Atlantic Intracoastal
Waterway and Howe Creek, near Wilmington, in New Hanover County.
Photo Index - 2000: 22-275 K-L, 3-4 1995: 22-258 K-L, 13-14 1989: 174-10 U-V, 5-6
State Plane Coordinates - X: 2366800 Y: 183903 Rover File: S011217A
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 01/12/05
Was Applicant Present - Yes (agent)
5. PROCESSING PROCEDURE: Application Received - Complete on 01/31/05
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Wilmington/New Hanover Co.
Land Classification From LUP - Developed
(B) AEC(s) Involved: EW PT ES OR
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic Tank
Planned - N/A
(F) Type of Structures: Existing - Single family residence and garage, bulkhead and dock
Planned - Excavation of access channel and basin, addition to existing dock
(G) Estimated Annual Rate of Erosion: N/A
Source : N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
(B) Non-Vegetated Wetlands - 32,100 sq. ft. 600 sq. ft.
Open Water (incorporated)
(C) Other - Highground disturbance 160,000 sq. ft.
(Spoil area)
(D) Total Area Disturbed: 4.4 acres
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: No
8. PROJECT SUMMARY: The applicant proposes to excavate a 30 feet wide by approximately 750 feet long
access channel extending from the AIWW to an existing private boat dock. The applicant also proposes to
excavate a basin around the docking area and to enlarge the existing floating dock structure.

Queens Point, LLC
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 2535 Middle Sound Loop Road, adjacent to the AIWW/Middle Sound and Howe
Creek, near Wilmington, in New Hanover County. To find the site, travel north on US Highway 17 from
Wilmington. In the community of Ogden, turn right onto Middle Sound Loop Road (NCSR 1403) and travel
approximately two miles to the entrance of Queens Point (on right). The property is secured with an electronic
gate, and as such, the applicant's consultant, Steve Morrison(Land Management Group, Inc.) should be
contacted at(910) 452-0001 for access to the property. The high ground property is a 3.14 acre tract of land
that abuts an 8.47 acre, three lot subdivision, also owned by Queens Point, LLC. Existing development on the
site includes an entrance drive, and a single-family dwelling and garage. With the exception of the wetland
areas bordering the site, the entire site is landscaped. High ground vegetation includes ornamental shrubs,
lawn grasses, and large, mature Live Oaks (Quercus virginiana). Elevations on the tract range from 12 to 20
feet above mean sea level (MSL). The property is bordered on the north by a small creek(Spring Branch), on
the south by Howe Creek, and on the east by Middle Sound and the AIWW. The site is directly across the
AIWW from the mouth of Mason's Creek.
The entire 11.61 acre area owned by Queens Point, LLC has 1.06 acres of Section 404 Wetlands that were
delineated by Land Management Group, Inc. and approved by the U.S. Army Corps of Engineers on June 7,
2001. Section 404 Wetlands are located along the perimeter of the property, associated with the three water
bodies mentioned above. Wetlands along the upper portion of Spring Branch are dominated by freshwater
species including Water Oak(Quercus nigra), Jack-In-The-Pulput(Arisaema triphyllum), Catbrier (Smilax
spp.), and Poison Ivy (Toxicodendron radicans). The remainder of the wetlands that border the lower portion
of Spring Branch, Howe Creek and Middle Sound, are typical mixed Coastal/404 Wetlands, vegetated
primarily with Salt Meadow Grass (Spartina patens), Salt Grass (Distichlis spicata), Sea Oxeye (Borrichia
frutescens), and Marsh Elder (Iva imbricata).
The property has approximately 500 linear feet of shoreline along Middle Sound and the AIWW. This area of
the property drops sharply in elevation to a wetland border averaging approximately 15-30 feet in width. The
majority of this shoreline is stabilized by wooden bulkhead and terraced retaining walls. These structures were
permitted under the CAMA General Permit process on July 20, 2001 (General Permit No. 27390-D) and
September 28, 2001 (General Permit No. 28303-D). Waterward of the bulkhead is an area of Common Reed
(Phragmites australis) averaging approximately 10 feet in width. This area transitions to a band of mixed high-
marsh vegetation averaging approximately 15 feet in width and to a band of Smooth Cordgrass (Spartina
alterniflora) averaging 3-10 feet in width, along the waters edge. The area of open water adjacent to the
bulkheaded shoreline averages approximately 250 feet in width and is separated from the AIWW channel by a
marsh island measuring approximately 600 feet in length by an average of approximately 300 feet in width. A
large portion of this open water area is exposed sand flat at low tide.
An existing pier and dock extends from the property into Middle Sound just east of the residence. This
structure was permitted on June 27, 2001, also under the CAMA General Permit process (General Permit No.
27390-D). This structure consists of a 6 feet wide by 40 feet long access pier that ramps down to a 10 feet
wide by 40 feet long floating dock which parallels the shoreline. Existing water depths at the floating dock
average approximately -2.0 feet at mean low water(MLW). Access to the existing dock from the AIWW is
" via a small shallow channel that runs just west of the marsh island and east of the sand flat. This channel
connects to a deeper water area just north of the applicant's dock. Water depths in this channel average
approximately -0.5 feet at MLW. Another shallower channel extends from the dock into Howe Creek, west of
the sand flat. Water depths at the connection to Howe Creek average -0.0 feet at MLW. An inspection of
aerial photography for this area indicates that the open water area adjacent to the dock was connected to the
AIWW via a deeper channel north of the marsh island in 1978. By 1984 this channel showed signs of
significant shoaling, and by 1989 the channel was completely blocked at low tide.

Queens Point, LLC
Page Three
The waters of Middle Sound and Howe Creek area classified "SA-ORW" Othe North Carolina Division of
Water Quality. The waters of Middle Sound in the project area are not designated as a Primary Nursery Area
(PNA) by the North Carolina Division of Marine Fisheries, however, the waters of Howe Creek,just upstream
from the project area, are designated as a PNA. The proposed project area is outside of the designated PNA
boundaries. This area of Middle Sound is closed to the harvesting of shellfish. The Wilmington/New Hanover
County Land Use Plan classifies the upland areas of the project site as Developed and all areas within CAMA
Areas of Environmental Concern(AECs) as Conservation.
PROPOSED PROJECT:
The applicant is proposing to excavate an access channel from the existing dock to the AIWW. The applicant
is also proposing to enlarge the existing floating dock and to excavate a basin around the newly expanded
structure. To comply with the requirements of the North Carolina Environmental Policy Act (NCEPA),
an environmental document was prepared for the project and reviewed by NCDENR. A Finding of No
Significant Impact (FONSI) was issued by the Division of Coastal Management on October 15, 2004. The
State Clearinghouse review of the project was completed on November 19, 2004. The CAMA Major
Permit Application reflects the applicant's preferred alternative as described in the Environmental
Assessment (EA).
The proposed access channel would measure 30 feet in width at the channel bottom and would extend
approximately 750 feet to the -4.0 feet MLW contour near the AIWW channel. The channel would extend
from the existing dock in an easterly direction for approximately 170 feet, crossing the sand flat mentioned
above. The channel would then turn southeast along the deeper water area behind the marsh island and would
continue approximately 250 feet to the southern tip of the marsh island. The channel would then turn northeast
and would follow the existing deeper water contours to the AIWW channel (see applicant's work plan drawing
sheet 5 of 9). At it's closest point to the marsh island, the channel cut would be approximately 22 feet from the
edge of marsh vegetation. The entire channel would be excavated to a depth of-4.0 feet at MLW. Following
construction, the applicant anticipates a natural equilibrium slope of 3 horizontal to 1 vertical, which would
keep the upper edge of the channel approximately 10 feet from the edge of marsh vegetation. At the existing
dock, the channel would terminate in a basin area measuring approximately 160 feet in length by approximately
60 feet in width. This area would also be excavated to a depth of-4.0 feet at MLW. Assuming a 3:1
equilibrium slope in this area also after excavation, the upper area of the basin would lie within approximately
2 feet of the edge of marsh vegetation. The applicant states that the channel and basin would be excavated by
either a hydraulic cutterhead dredge or by a barge mounted excavator. The resulting spoil material (2,900
cubic yards) would be pumped or transported to an existing diked disposal island located east of the project
site. This island is on the eastern side of the AIWW channel, and borders the northern side of Mason's Creek.
This disposal island was used as a borrow site for a beach nourishment project at Figure Eight Island in 1999.
Disposal will be on part of an 11.7 acres portion of the island that is located outside the U.S. Army Corps of
Engineer's Right-of-Way. The discharge of effluent resulting from the hydraulic dredging would be through an
existing outlet structure located on the AIWW side of the disposal island. This structure is located within the
U.S. Army Corps of Engineer's Right-of Way and would be in an area that is currently ppen to shellfishing.
The applicant estimates that the disposal area has a capacity to handle approximately 26,700 cubic yards of
material.
The applicant is also proposing to expand the existing floating dock structure. The expansion would consist of
10 feet wide by 30 feet long extensions on each end of the structure. The additions would create a final
floating dock structure of 10 feet by 100 feet. The applicant states that after excavation of the basin area, the
new structure would provide docking space for up to six vessels.

Queens Point, LLC
Page Four
10. ANTICIPATED IMPACTS:
The excavation of the channel and boat basin would disturb approximately 32,100 square feet of sandy, shallow
bottom area. A shellfish survey of the area conducted by the Division of Marine Fisheries on April 14, 2004
found only one clam and four oysters in sixty (60), one meter square hand rake samples that were taken within
the footprint of the proposed dredge area. In a Memorandum dated April 15, 2004, from Clay Caroon to Fritz
Rohde, Clay Caroon states that even though there are no significant shellfish in the footprint of the dredge area,
there are at least four natural shellfish beds (oyster beds) adjacent to this proposed and alternative channel to be
dredged. He also states that the proposed channel is adjacent to only one oyster bed and the alternative channel
is adjacent to three oyster beds. The placement of 2,900 cubic yards of excavated material in the disposal site
would disturb approximately 3.7 acres of an existing disposal island. The proposed dock expansion would
incorporate an additional 600 square feet of Estuarine Waters and Public Trust Area. After dredging of the
proposed basin area, there appears to be a potential for dockage of up to eight (8) vessels at the structure.
There would be increased turbidity levels during project activity, however, if timed to avoid periods of peak
biological activity, no long-term adverse impacts are anticipated.
Submitted by: Jim Gregson Date: January 31, 2005 Office: Wilmington

Recommendations for State Permit - Queens Point, LLC
This Office has no objections to the project. It is recommended that a permit be issued to authorize the project
subject to the following conditions:
EXCAVATION
In order to protect juvenile shrimp and finfish populations, no excavation or filling will be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Division of Marine Fisheries.
Excavation will not exceed 4 feet below the mean low water level (MLW).
No coastal wetlands will be excavated and/or filled. Excavation shall not occur within 10 ft. of the
waterward edge of coastal wetlands.
The temporary placement or double-handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
No excavated or fill material will be placed at any time, in any coastal wetlands or surrounding waters.
No excavation will take place at any time outside of the alignment of the area indicated on the workplan
drawings.
SPOIL DISPOSAL
Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, sand fence, etc.).
The disposal area effluent will be contained by pipe,trough,or similar device to a point at or beyond the mean low
water level to prevent gully erosion and unnecessary siltation.
The terminal end of the pipeline will be positioned at or greater than fifty feet(50')from any part of the dike and a
maximum distance from spillways to allow settlement of suspended solids.
A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water
quality standards.
The diked disposal area will be constructed a sufficient distance from the mean high water level or any marsh to
eliminate the possibility of dike erosion into or upon any marsh or surrounding waters.
The diked disposal area will be properly graded and provided a ground cover sufficient to restrain erosion within
thirty(30)working days of project completion.
The permittee must contact a representative of the Division of Coastal Management at least two(2)weeks prior to
project onset to schedule an inspection of the disposal site. The disposal area must be inspected and approved for
use prior to initiation of any dredging activities and prior to any land disturbing activities at the disposal site.

DOCKING STRUCTURES
The authorized structures and associated activity must not cause an unacceptable interference with
navigation of the adjacent waterbody.
No sewage,whether treated or untreated, shall be discharged at any time from any boats using the docking
facility. Any sewage discharge at docking facility shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence
of the permitted structure.
This permit authorizes only the docks,piers, and other structures and uses located in or over the water that
are expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, may become a permanent part of this docking facility without permit modification. No non-
water dependent uses of structures may be conducted on, in or over public trust waters.
The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of
the structure and the adjacent property owner's riparian access corridor,which is determined by drawing a
line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the
shore at the point where the upland property line meets the water's edge.
The permittee will maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
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.
This permit authorizes a maximum of 6 boat slips. At no time shall more than 6 vessels be moored or
docked at the facility. This restriction shall apply to all marine vessel types, including but not limited to,
motorboats, sailing vessels and personal watercraft.
Dredging shall be done by accomplished by barge mounted excavator or hydraulic pipeline dredge only.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit. Contact a
representative of the Division at [phone] prior to the commencement of any such activity for this
determination. The permittee is further advised that many non-water dependent activities are not authorized within
30 feet of the normal high water level. -
T �W
FEB 0 7 2005
Mowhkl-Ud �az►y i)CoMl

Form DCM-MP-1 � n �
a l,(
-L fC )
T to
APPLICATION FEB 0 7 2005
(To be completed by all applicants) Morehead City DCM
1. APPLICANT c. Street address or secondary road number.
2535 Middle Sound Loop Rd-Wilmington(NC)
d. Is proposed work within city limits or planning
a. Landowner: jurisdiction? X Yes No
Name—Queens Point LLC
e. Name of body of water nearest project(e.g.
Address Suite 2050, 300 N. Greene St. river, creek, sound,bay)
City Greensbor6 State NC Atlantic Intracoastal Waterway(AIWW)
Zip 27401 Day Phone [phone] 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
Fax [phone]
b. Authorized Agent: a. List all development activities you propose(e.g.
Name Land Management Group, Inc. building a home,motel,marina,bulkhead,pier,
And excavation and/or filling activities.
(attn.Christian Preziosi) Extension of existing private dock to
accommodate four boat slips. Maintenance
Address PO Box 2522 dredging of existing channel. Installation of
City YdhpjWon State NC shower/rinse area.
Zip 28402 Day Phone[phone]
Fax [phone] b. Is the proposed activity maintenance of an
existing project, new work, or both?
c. Project name(if any) N/A Maintenance dredging of channel; upgrade of
dock; and new shower/rinse area
NOTE Permit wiQ6e issued in name of
landowner(s),and/or yroject name. c. Will the project be for public,private or
commercial use? Private
2. LOCATION OF PROPOSED d. Give a brief description of purpose,use,method
PROJECT of construction and daily operations of proposed
project. If more space is needed, please attach
a. County New Hanover additional pages. See attached narrative
b. City,town, community or landmark.
Wilmington(Middle Sound Loop Road)
Revised 03/95 �� I
�I I
`� h AY 19 2GO3

14
FEB 0 7 Z005
Form DCM-MP-1 DIMin. Describe N"rl er, treatment
facilities. i
4. LAND AND WATER New Hanover County Sewer
CHARACTERISTICS
n. Describe location and type of discharges to
a. Size.of entire tract 2.3 ac waters of the state. (For example, surface runoff,
Sanitary wastewater, industrial/commercial
b. Size of individual lot(s) 50,080 sf effluent,"wash down"and residential discharges.)
Water from shower/rinse area
c. Approximate elevation of tract above MHW
or NWL 12'to 20' o. Describe existing drinking water supply source.
New Hanover County
d. Soil type(s)and texture(s)of tract
Wakulla sand
5. ADDITIONAL INFORMATION
e. Vegetation on tract Magnolia virs?iniana,
Myrica cerifera, Ilex vomitoria, Ouercus
virziniana, Celtis occidentalis In addition to the completed application form, the
f. Man-made features now on tract Single-family following items must be submitted:
residence
* A copy of the deed(with state application only)
g. What is the CAMA Land Use Plan land or other instrument under which the applicant
classification of the site?(consult the local land use plan) claims title to the affected properties. If the
applicant is not claiming to be the owner of said
Conservation Transitional property,then forward a copy of the deed or other
X Developed Community instrument under which the owner claims title,
Rural Other plus written permission from the owner to carry
out the project.
h. How is the tract zoned by local government? * An accurate, dated work plat (including plan
Residential(R-20) view and cross-sectional drawings)drawn to scale
in black ink on an 8 V2"by 11"white paper. (Refer
I. Is the proposed project consistent with the to Coastal Resources Commission Rule 7J.0203
applicable zoning? X Yes No for a detailed description.)
(Attach zoning compliance certificate,if applicable)
j. Has a professional archaeological assessment Please note that original drawings are preferred
and only high quality copies will be accepted.
been done for the tract? X Yes _No Blue-line prints or other larger plats are acceptable
If yes, by whom? Brockington& Assoc. only if an adequate number of quality copies are
provided by applicant. (Contact the U.S. Army
k. Is the project located in a National Registered Corps of Engineers regarding that agency's use of
Historic District or does it involve a National larger drawings.) A site or location map is a part
Register listed or eligible property? of plat requirements and it must be sufficiently
Yes X No detailed to guide agency personnel unfamiliar with
the area to
1. Are there wetlands on the site? X Yes No
Coastal (marsh) X Other
If yes, has a delineation been conducted? Yes
(Attach documentation,if available) � � V
Revised 03/95
RAY
DIVISION OF
COASTAL_ MANAGEMENT

Form DCM-MP-1
6. CERTIFICATION AND PERMISSION
the site. Include highway or secondary road(SR) TO ENTER ON LAND
numbers, landmarks, and the like.
*A Stormwater Certification,if one is necessary. I understand that any permit issued in response to
this application will allow only the development
* A list of the names and complete addresses of described in the application. The project will be
the adjacent waterfront (riparian) landowners subject to conditions and restrictions contained in
and signed return receipts as proof that such the permit.
owners have received a copy of the application
and plats by certified mail. Such landowners I certify that to the best of my knowledge, the
must be advised that they have 30 days in which to proposed activity complies with the State of North
submit comments on the proposed project to the Carolina's approved Coastal Management Program
Division of Coastal Management. Upon signing and will be conducted in a manner consistent with
this form, the applicant further certifies that such
notice has been provided. such program.
Name Mr. Archer Wainwright I certify that I am authorized to grant, and do in
Address 2565 Middle Sound Loop Rd. fact, grant permission to representatives of state
Wilmington,NC 28405 and federal review agencies to enter on the
Phone [phone] aforementioned lands in connection with evaluating
information related to this permit application and
Name Mrs. Caroline Baldwin Address 2519 Middle Sound Loop Rd. follow-up monitoring of the project.
Wilmin Lon,NC 28405 I further certify that the information provided in
Phone [phone]
this application is truthful to the best of my
* A fist of previous state or federal permits knowledge.
issued for work on the project tract. Include permit A
numbers, permittee, and issuing dates. This is the Iy day of 1#4 Y 52003
N/A PrintName ellelsTiAN Tit ,z i o S t
* A check for $400 made payable to the Signature
Department of Environment and Natural Resources Landowner or Auf o ized Agent
(DENR) to cover the costs of processing the
application. Please indicate attachments pertaining to your
proposed project.
* A signed AEC hazard notice for projects in
oceanfront and inlet areas. X DCMMP-2 Excavation and Fill Information
DCM MP-3 Upland Development
* A statement of compliance with the N.C. X DCM MP-4 Structures Information
Environmental Policy Act(N.C.G.S. 113A-1 to DCM MP-5 Bridges and Culverts
10) If the project involves the expenditure of DCM MP-6 Marina Development
public funds or use of public lands, attach a
statement documenting compliance with the North NOTE:Please sign and date each attachment in
Carolina Environmental Policy Act. the space provided at the bottom
o ttdo lm�jo-f each
form. v,7 7 1
Revised 03/95 FEB o 7 ZUoS
MAY 19 2GJ3
DIVISION OF
Morehead City DCM COASTAL MANAGEMENT

Form DCM-MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA (3)Maximum distance beyond MHW, NWL,
Major Permit, Form DCM-MP-1. Be sure to or wetlands
complete all other sections ofthe Joint Application
which relate to this proposed project. e. Mooring buoys N/A
(1) Commercial Community—Private
a. Dock(s) and/or Pier(s) (2)Number
(1)_Commercial_Community X Private (3)Description of buoy
(2)Number 1 (existing) (Color, inscription, size, anchor, etc.)
(3)Length 40'
(4) Width 6'
(5)Finger Piers Yes X No (4)Width of water body
(i) Number (5)Distance buoy(s)to be placed beyond
(ii) Length shoreline
(iii) Width
(6)Platform(s) X Yes No f.Mooring structure(boatlift,mooring pilings,etc.)
(i) Number 1 N/A
(ii)Length 40' (existing); 60' extension (1)_Commercial_Community_Private
proposed (2)Number
(iii) Width 10' (3)Length
(7)Number of slips proposed 4 (4)Width
(8) Proximity of structure to adjacent riparian
property lines >15' g. Other(Give complete description)
(9) Width of water body 275'
(10)Water depth at waterward end of pier at
MLW or NWL -1.5' mlw
b. Boathouse(including covered lifts)N/A Qzma LE4 L L C
(1) Commercial Private Aplhicant or Project Name
(2)Length
(3)Width
Signature
c. Groin(e.g. wood, sheetpile, etc.) N/A
(1)Number 5-/y' d 3
(2)Length(s) Date Jil
d. Breakwater(e.g. wood, sheetpile, etc.) N/A FEB 0 7 2005
(1)Length
(2)Average distance from MHW, NWL or ?
wetland Morehead City Q F+
Revised 03/95
Go p,s-CPAr-

`9
Form DCM MR2 v� t
EXCAVATION FEB 0 7 2005
AND FILL Mor0hoad City DCM
(Except bridges and culverts)
Attach this form to Joint Application for CAMA
Major Permit, Form DCM-MP-1. Be sure to 1. EXCAVATION
complete all other sections of the Joint Application a. Amount of material to be excavated from below
that relate to this proposed project. MHW or NWL in cubic yards 2,900 q
Describe below the purpose ofproposed excavation b. Type of material to be excavated Sand
or fill activities. All values to be given in feet.
Average Final c. Does the area to be excavated include coastal
Existing Project
Length Width Depth Depth wetlands (marsh), submerged aquatic vegetation
(SAVs) or other wetlands? Yes X No
Access 1)750' 30' -1.5' -4'
channel d. Highground excavation in cubic yards N/A
(MILW) 2) 160' 60' -1.5' -4'
2. DISPOSAL OF EXCAVATED
Canal MATERIAL
a. Location of disposal area On disposal island
Boat across AIWW from project area see figure).
Basin Disposal area is located outside of COE easement
on privately owned land.
Boat
Ramp b. Dimensions of disposal area 400'x 400'
Rock c. Do you claim title to disposal area?
Groin Yes X No
If no, attach a letter granting permission from
Rock the owner. *See Attachment
Breakwater
d. Will a disposal area be available for future
Other maintenance? X Yes No
(Excluding
shoreline If yes, where? Same disposal area
20
V
Revised 03/95
MAY 19 2CJ3 LLL
DIVISION OF
COASTAL MANAGEMENT

Form DCM-MP-2
If yes,
e. Does the disposal area include any coastal (1)Amount of material to be placed in the water
wetlands (marsh), SAVs or other wetlands?
Yes X No (2)Dimensions of fill area
f. Does the disposal include any area in the water? (3)Purpose of fill
Yes X No
b. Will fill material be placed in coastal wetlands
(marsh), SAVs or other wetlands?
3. SHORELINE STABILIZATION Yes _No
If yes,
a. Type of shoreline stabilization N/A (1)Dimensions of fill area
Bulkhead Riprap (2)Purpose of fill
b. Length
5. GENERAL
c. Average distance waterward of MHW or NWL
a. How will excavated or fill material be kept on
site and erosion controlled?If hydraulic dredge is
d.Maximum distance waterward ofMHW orNWL used, material will be dewatered within diked
disposal area. Inlet pipe to be located 50' from
dike. Outlet structure to be located on opposite
e. Shoreline erosion during preceding 12 months side of disposal inlet. Outlet pipe to extend below
MLW. (See attached drawing.)
b. What type of construction equipment will be
f. Type of bulkhead or riprap material used(for example,dragline,backhoe,or hydraulic
dredge)?
Hydraulic dredge or bucket and barge
g. Amount of fill in cubic yards to be placed below
water level
(1)Riprap c. Will wetlands be crossed in transporting
(2)Bulkhead backfill equipment to project site? Yes X No
If yes, explain steps that will be taken to lessen
h. Type of fill material environmental impacts.
O&EiruS Rl Arr . PLC'
i. Source of fill material App cant or Project Name
S' tore
4. OTHER FILL ACTIVIT S ,S—/Y— 63
(Excludigg Shoreline Stabilization N/A ,
V11,
1,
a. Will fill material be brought to site? N/A I ��
Yes No FEB 0 7 2005 VIAY 19 KG33
Revised 03/95 D I V{S 1 Q!� OF
Morehead Citfy [)H-"40ASTAL ►OA�a�,GE�nEr.�r

PROJECT NARRATIVE
QUEENS POINT DREDGING PROJECT
Owners of the Queens Point property are proposing the maintenance dredging of an approximate 750'
channel extending from the Atlantic Intracoastal Waterway(AIWW)to an existing dock on the eastern
edge of the property. Current depths within the proposed channel alignment range between—3.5' to+0.5'
MLW(existing average depth= —1.5' MLW). The channel has been traditionally used for small boat
traffic to/from existing boat docks. Shoaling within this area has resulted in restricted access and
potentially hazardous boating conditions.
The channel will be excavated to a depth of-4' MLW and tie into the—4' contour along the AIWW.
Based upon existing soundings, approximately 2,900 cy of material(medium to coarse grained sand)will
be excavated from the channel. The proposed channel alignment(with associated 3:1 equilibrium slopes)
will be located greater than 10' from any existing marsh edge.
The applicant has identified the disposal island located immediately east of the AIWW as the most
suitable disposal area. This island is an active Corps of Engineers(COE)disposal area with existing
dikes and water control structures. The COE easement(oriented north-south)bisects the island. The
proposed disposal area will be confined outside the COE right-of way on private property. The owner of
this property(Mr.Bruce Cameron)has provided written authorization(see attachment)for use of this
disposal area for the specified project. Based upon site evaluations of the island,the proposed disposal
area has a capacity well exceeding the cubic yardage of material to be excavated.
The channel will be excavated either mechanically(clamshell bucket and barge)or hydraulically. If a
hydraulic dredge is used, excavation will be confined within the accepted dredging window dates. The
inflow pipe on the island will be located at least 50' from the dike wall, and the end of the outlet pipe will
extend beyond MLW. If mechanical dredging is employed,material will be dewatered prior to disposal
within the diked areas.
As part of the application request,the applicant also proposes to extend the existing dock by 30' at each
end to accommodate four boat slips. The current dock is 40' in length(with two boat slips).
FEB 0 7 2005
Morehe
ad City CCiVI
\0 o`, �
P��PL
GO

ent By: LAND MANAGEMENT; 910 452 0060 ; Mar-20-03 11 :37AM; Page 2/2
Letter of Permission
I, �Ruc� (1�N�RaN do hereby give my permission for Queen's
Point, LLC to place up to 4,000 cubic yards of material excavated from their boat ebannel
and dock area on my property located on the dredge disposal island at the confluence of
Masan Creek and the Atlantic Intracoastal. Waterway_
Signature Date
rL
r,7 r �\
FEB 0 7 2005
Morehead City UUM
77 cc 70-1 H V El
MAY19NSA �
DIVISION OF
COASTAL PviANAGEMEA

ent By: LAND MANAGEMENT; 910 452 0060 ; Mar-14-03 3:28PM; Page 3/3
AGENT AUTHORIZATION
lie. CAMA Major Development Permit Application preparation and
associated tasks for boat channel and dock area navigation
maintenance, addition to the existing floating dock and pier
nlodifioation.
I hereby authorize Land Management Group. Inc. to act in my behalf as my agent in the
preparation, submittal and processing of this application and to furnish, upon request,
supplemental information in support of this application.
C-' L-7 �— 3//'
Signature for (queen's ai , LLC Date
FFH p 7 2005
J
vas_ , Toil, d
2CJ3 L
DIVIsION OF
CsGASiA - MANAGEMENT

++°0 2,6 -8.0 �f/��f'c
w
O.ii` +2.0 4.6 fOfr
0 1.05 \1.0 3.5 dcp ....
d .
-3.0 sf
-1.0 005�� -3.0
1
-2.0 -3;0
-3.0 % -0.6
3 `
26
�.
r4=�6.02.0.1.0 -0.6 -0.0 -0.6 `- '� �\ �! 3.D 30!
i t-80 -0.6 .0.6 O� 0 3.6 -2.0
a t -2.0 �..___AA a ,1
4.0 ,`+0.5 2.0
i .0-3.5 +0.6 +0.5 +0.6 +-a-o 2.0
�`� .36 0.5 +0.5 +1.0 1-2.0-2.0
�� + 1.0
: � -6'.S. `�+0.6 +1.0 +1.5i-2.0 "2.0
Existing Pier Jj ' 0'6` -to.5+1,0 -2.0
-
2sli s `�2.Q0.6 �.-`+ 1.0 +15 `1.0
-_ 2
P ) �� 0 .0.6 �� +0.5
�`•�Z.0 0 i + 1.5 + 1.0 _p!5 0.5�?J-?Q`'O"'s. �?p c?s �S ?0•�;fir
0 1a0(+1.0 + 1.0 +0.5} ��3.0 ------ i !
CD .4 +0.5 ! 3.0
k J � I QUEENS POINT �,'���g:o'er-- -3.0�'
0- •�ors y
e•�
Un rye O !
i
Y1 •O r' i U
a
�7
i��rrs
----------- Approximate MLW Boundary
NOTES: Soundings from Mean Low Water(MLW)
(recorded January 17, 2003) Approximate Edge of Marsh Vegetation
Distance from Vegetation to Vegetation =275' Approximate MHW Boundary _
Base map from county aerial photograph SCALE 1 - 200
Proposed Dredge Area
Queens Point Sheet of
QPonrt✓p
Land Management Group, Inc, - - -L �Ly �a3)
New Hanover County Environmental Consultants
Maintenance Dredging Project Wilmington, NC Plan View - Existing Conditions

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FEB 0 7 2005 Z
Morehead City DCN1 CY �, ,5� =.L ,",I°

THIS MAP FOR PRELIMINARY PLANNING ONLY
PROPOSED DREDGE DESIGN
Al
MLw MLw A2
30'Channel Bottom Width j
Existing Grade -1.5' MLV)
Dredge Depth(-4' MLW) FM n
FEB 0 7 2005
Morehead City DOM
CE
my 19 20'33 DL
DIVISION' OF
COASTAL Nv7ANAGEMENT
Horizontal Scale: V = 20'
F
ueens Point Land Management Group, Inc. Sheet� of
Hanover County Environmental ConsultantsCross sectional view of
nce Dredging Project Wilmington, N.C. proposed dredging alignment

WATER CONTROL STRUCTURE
TYPICAL
I
DISCHARGE PIPE
TOP VIEW GALVANIZED HALF-PIPE
FRAME
r
CHANNEL IRON 2 X 6 V,GROOVE RISER BOARD
FEB p 7 2005
FRAME
Morohead City ®CM
CHANNEL IRON
2 X 6 V-GROOVE RISER BOARD
FRONT VIEW
mAY 19 2033 L
GROUND SURFACE DIVISION OF
CtA-aTAL MANAGEME'N
II � (
it If
I I ( NO SCALE
DISCHARGE PIPE
SHEET 9 OF °I
INSTALLATION, SPECIFICATIONS PER CONTRACTOR

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Queens Point, LLC County: New Hanover
LOCATION OF PROJECT: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe Creek, near
Wilmington, in New Hanover Co. ' I
DATE APPLICATION RECEIVED COMPLETE - - � -BY FIELD: 1 31 OS FEB��� ® 7 ?005
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:uorutivzil
FIELD REPRESENTATIVE: Jim Gregson DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
B) DATE APPLICATION RECEIVED IN RALEIGH: 02 lo,?/45 FEE REC'D:$ z1X. `� L
PUBLIC NOTICE REC'D: 02-/0 ylczS END OF NOTICE DATE: 02lz51/d5
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: �ysGrl' ON:
C) 75 DAY DEADLINE: Dgll r O,�j 150 DAY DEADLINE: (,j 3o/os"
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: 3/1VO f FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative Z�7 os
Coastal Management-LUP Consistency j 2rJ1��i
Division of Community Assistance o/p S
Land Quality Section Z�z p}- ✓ Sy-�
Division of Water Quality
Storm Water Management(DWQ)
State Property Office Zj o Sl
Division of Archives&History 3 o S (�
Division of Environmental Health 3/( o 5
Division of Highways
Wildlife Resources Commission 4/0 j
Division.of Water Resources
Division of Marine Fisheries Z 1/0)
Submerged Lands(DMF)

Permit# _
I)CM Coordinator:
MAILING DISTRIBUTION: /
�/Ile mitee; _ _ U'
Agent: _m 0n w /}er,t Div✓ CO�OcP 5 tyf
zZ
llCM Field Offices: v�Z s /liL �o'I 5 d—Aaal,,' S `'
Elizabeth City
Morehead City,,/ Z Z`0 l2 .
Washington O `
Wilmington
US Army Corps of Engineers(USAGE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy(NC )
Henry Wickcr
Others:
Cultural Resources: Renee Gledhill-Ear
Environmental Health: Terry Pierce
Marilee Fisheries: Mike Street rX/
NCDOT; Ken Pace
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson
Water Quality: Cyndi Karol y(for no - OT)
John Hennessy(N DOT)
Water Resources: John Sutherland- v/'t sPn
Wildlife Resources: Maria Tripp /
Bennett Wynne/%wG"
David Cox(NCDOT) 1 I
Travis Wilson(NCDOT) \
LPO:
FAXING DISTRIBUTION:
Pennitee
t"Agentat.------_ vl v-- S��CJ�6�✓
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004)
US Army Corps of Engineers(USAGE):
Washington: Mike Bell(NCDOT) >>>t
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
P.O. BOX 1890
WILMINGTON, NORTH CAROLINA 28402-1890
IN REPLY REFER TO July 15, 2005
$I C
Regulatory Division
Action ID No. 200500435 and State Permit No. 111-05 JUL 2 1 2005 r
Moreheect C,,,
Queens Point LLC
Suite 2050
300 North Greene Street
Greensboro,North Carolina 27401
Dear Madam or Sir:
Reference your application for a Department of the Army permit to excavate a 30 feet
wide by 750 feet long access channel extending from the Atlantic Intracoastal Waterway to an
existing private dock, excavate basin around dock and enlarge the existing floating structure at
2535 Middle Sound Loop Road, adjacent to the Atlantic Intracoastal Waterway/Middle Sound,
near Wilmington, New Hanover County, North Carolina.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of general permit No. 198000291. Therefore, you may commence construction
activity in strict accordance with applicable State authorization and the approved plan
(enclosed). Failure to comply with the State authorization or conditions of the general permit
could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified.
Questions or comments may be addressed to me at the Wilmington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Henry Wicker
Regulatory Project Manager

Enclosure
Copies Furnished without enclosure:
Mr. John Dorney Mr. Pete Benjamin
Division of Environmental Management U.S. Fish and Wildlife Service
North Carolina Department of Environment Fish and Wildlife Enhancement
and Natural Resources Post Office Box 33726
1650 Mail Service Center Raleigh,North Carolina 27636-3726
Raleigh,North Carolina 27699-1650
Mr. Ron Sechler
Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service
Wetlands Section- Region IV Pivers Island
Water Management Division Beaufort,North Carolina 28516
U.S. Environmental Protection Agency
61 Forsyth Street, SW Mr. David Rackley
Atlanta, Georgia 3030 NMFS, Habitat Conservation Division
219 Fort Johnson Road
Mr. Doug Huggett Charleston, South Carolina 29412-9110
Division of Coastal Management
North Carolina Department of Environment Mr. Jim Gregson, District Manager
and Natural Resources Wilmington Regional Office
400 Commerce Avenue North Carolina Division of Coastal
Morehead City,North Carolina 28557 Management
1237 Cardinal Drive Extension
Wilmington,North Carolina 28405
2

. Qaf cf�,�e.3ix 2522
W,;� 1(m, ,4 �W,A 6-
am 284o2 MAY 3 1 2005
,e1i�ize:940452-0004
Morehead City DCM
5/25/05 Xtawc,4 1pm:
30 0. A�x -120
3805 2r� Vvem're /l9ainle�s, /��2795�
252-473-3100
Doug Huggett
Division of Coastal Management
400 Commerce Avenue
Morehead City,N.C. 28557
Re: CAMA Major Permit, Queens Point,LLC,New Hanover County
Dear Doug,
On behalf of Queens Point, LLC, I am summarizing,information relating to the proposed
dredging component of their CAMA Major Permit application. My client proposes to
excavate accumulated sandy sediments within a corridor to re-establish navigation access
to the AIWW. As you know, the May 2004 Environmental Assessment (EA) prepared
for the project was circulated last year for DENR departmental review. During that
review by DCM and other divisions within DENR, no comment was ever expressed
relating to consistency. You have stated that Mike Christenbury (DCM District Planner)
was provided an opportunity to comment on the project EA as part of the normal
document circulation. A Finding of No Significant Impact(FONSI) was issued by DCM
on October 15, 2004. The State Clearinghouse review of the project was completed on
November 19,2004, On March 23, 2005,DWQ issued a 401 Water Quality Certification
approval for the project. DWQ designates areas of Outstanding Resource Waters
(ORW's) and implements limitations on boating facilities within them. During the
preparation of materials for the proposed project, resource-related investigations were
performed. At our request, DMF performed a shellfish survey in the project area and
concluded that there were no shellfish beds present. DMF also confirmed that the project
area was not within a Primary Nursery Area (PNA). An Essential Fish Habitat (EFH)
report was prepared and included within the EA. A report entitled Archaeological
Evaluation of the Queens Point Tract was prepared by Brockington & Associates and
made a part of the EA. Now, a year after the EA was submitted and after substantial costs
have been incurred by my client, we have learned that it is now Mike Christenbury's
determination that the proposed excavation is "inconsistent" with the local Land Use Plan
(LUP). The specific portion of the LUP language he refers to is "not allow new dredging
activities in Primary Nursery Areas (PNA), Outstanding Resource Waters (ORW), or
Shellfishing Waters (SA) except for the purpose of scientific research, designed for the

purpose of protecting and enhancing water quality, and where supported by sound
scientific and technical knowledge..."
Prior to the EA and application process, I had contacted Dexter Hayes who is the New
Hanover County Planning Director. I have contacted him in the past with questions
regarding a number of projects and their suitability under the LUP. Dexter had no
problems with the proposed project at the Queens Point property. When I informed him
of our recent dilemma, he again had no objection to the project and responded with the
attached e-mail.
Dr. William C. Mebane was the former owner of the Queens Point property. His son,
Carter Mebane recalls that there was excavation along both the east and south facing
shorelines. A permit issued for the work is enclosed. Exact dimensions of the past
excavation activity are unknown. The fact that an excavation project took place here
beforehand means that the proposed project cannot be classified as "new". Additional
excavation activities at the project area may or may not have taken place prior to CAMA
permitting requirements. I have also enclosed historical aerial photos dating from 1949 to
2004. The following relates to visual conditions noted for each photo:
1949 Aerial.
Howe Creek flow appears fairly evenly split between three small mouths to the AIWW.
Sandy shoals are visible within Howe Creek. A broad sandy shoal covers the width of
Mason Creek actually extending into the AIWW.
1962 Aerial.
The western half of Mason Creek appears broader and free of shoals. The northern mouth
of Howe Creek, which is directly across the AIWW from Mason Creek, is obviously the
dominant flow channel now and appears free of shoals directly in front of the Queens
Point property.
1966 Aerial.
The western portion of Mason Creek remains free of shoals and the northern mouth of
Howe Creek is still the dominant flow channel. Shoals are visible now in the lower end of
Howe Creek just off shore of the Queens Point property. Enlargement of the same aerial
is also provided.
1970 Aerial.
The western end of Mason Creek remains shoal free. The northern mouth of Howe Creek
is still the dominant flow channel, though appearing reduced with a greater shoal extent.
Newly deposited unconfined dredge spoil appears along the eastern side of the AIWW
south of Mason Creek. Enlargement of the same aerial is also provided.
1970 Aerial. (New Hanover County Soil Survey) This is the same aerial above overlaid
with soil classifications and water boundaries. This indicates that the northern mouth of
Howe Creek was mapped as the main flow channel.

1981 Aerial.
The dominant flow channel for Howe Creek is now the center mouth with expanded
shoals near the northern mouth reducing flows. A segment of deeper water still appears
along the immediate Queens Point shoreline. Some shoals appear in the western portion
of Mason Creek.
1983 Aerial.
The dominant flow channel for Howe Creek remains through the center mouth. Possible
minor shoals are still present in the mouth of Mason Creek.
1998 Aerial.
The dominant flow channels for Howe Creek are the center and southern mouths. The
northern mouth is completely blocked with sediment. The mouth of Mason Creek is
heavily shoaled and shows considerable tidal marsh coverage.
2002 Aerial.
The dominant flow channels for Howe Creek are still the center and southern mouths.
The northern mouth remains blocked with sediment. The mouth of Mason Creek remains
heavily shoaled and shows tidal marsh coverage. A few months after this photo, the
length of Mason Creek was dredged as part of the Mason Inlet Relocation Project.
Enlargement of this same aerial is also provided.
2004 Aerial.
Shows water depths in the AIWW and Mason Creek approximately two years after
Mason Creek was dredged. The dominant flow channels for Howe Creek remain the
center and southern mouths. The northern mouth remains blocked with sediment. Water
depths between the Queens Point existing dock and the center channel mouth for access
to the AIWW have been reduced to 0' to —0.5' at low tide (See Figure 1, Existing
Conditions of the EA).
As seen in the aerials, the dominant flow channels from Howe Creek into the AIWW
have shifted over time. The 1949 aerial shows widespread sandy shoals in the lower end
of Howe Creek with no real channel dominance between the three mouths and substantial
shoaling in Mason Creek. In stark contrast, by 1962 the northern mouth of Howe Creek is
clearly the dominant flow channel and the western portion of Mason Creek is wider and
free of shoals. From at least as early as 1962 through 1970, the northern mouth of Howe
Creek remained the dominant flow channel. By 1981, flow dominance had shifted to the
central mouth with considerable shoaling of the northern mouth. By this time, Mason
Creek was also showing shoal growth. By 1998, the northern mouth of Howe Creek was
completely blocked and unusable for boating purposes. Boaters from further up Howe
Creek must now use the central mouth to access the AIWW_ As seen best on the 1998
and 2002 aerials, there are substantial shoals between the central mouth channel and the
existing Queens Point boat docking area. The growth of these shoals along with the
inability to use the northern mouth has effectively blocked navigation access to the
AIWW from the Queens Point property. This traditional access to the AIWW had existed
through either the northern or central mouth in prior years. The proposed excavation has

been designed to minimize the area of bottom disturbance by connecting with the central
mouth. This alignment also avoids shellfish beds and tidal marsh areas.
On behalf of my client, I am requesting that you consider the information presented and
make the determination to issue the requested permit. Please contact me with any
questions that you may have. Thank you for your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Encl: Permit No. 45-68, Dexter Hayes e-mail copy, aerial photograph copies
Cc: Jim Gregson
Rob Mairs
Ted Tyndall
Charles Jones
Mike Christenbury
Dexter Hayes
Bill Raney
Queens Point,LLC

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F, Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
May 19, 2005
Queen's I'oirrt, I.,1,C
200 North Grecne Street Suite-2050
Grecosboro, NC 2.7401
Dear Sir or Madam:
'i'his Icttcr is with reference to your application for a Coastal Area Management Act
Nlajor Development permit to excavate a 30' x 750' access channel extending from the AIWW
to an existing private boat dock, excavate a basin around the docking area, and to enlarge the
existing floating clock structure in New Hanover County adjacent to the AIWW and Howe Creek
-it 2535 Middle Sound'Loop Road, Wilmington, NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A.-122(c) which would make June 30, 2005 the new deadline for reaching a decision on your
request. I lowever, we expect to take action prior to that time and will do so as soon as possible.
Iji tyre interim, if you have any question on the status of your application, do not hesitate to
coninct me by phone, (252-808-2808)or c-mail ([e-mail]).
VVety sincerely,
Doug l Iuggett
Majo1r Permits & Consistency Coordinator
cc: C)CM, Morehead City
I)CN4, Wifi-nington
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

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HenryWicker
US Army Corps of Engineers ci
Regulatory Branch y 6(-
P.O. Box 1890 '��
Wilmington,N.C. 28402-1890
Re: Revised dredging channel layout, excavation moratorium, CAMA Major Permit
application, Queens Point, LLC
Dear Henry,
Following our phone discussion regarding the proposed channel to access the AIWW as
part of the Queens Point, LLC CAMA Major Permit application, I am submitting a
revised channel plan view(Sheet 4 of 9, updated May, 2005) to replace the original Sheet
4 of 9 of the application. The revision relates to routing the proposed channel excavation
around the north end of the sandy intertidal shoal in front of the existing boat dock as we
had discussed. The outer portion of the channel excavation and the area of excavation
around the dock remain the same. Since the revised proposed channel excavation follows
deeper water, the new curve in the alignment should not represent any appreciable
increase in dredge material volume. Please replace Sheet 4 of 9 with the attached updated
sheet. I will also forward a copy of this letter and the attached sheet to Doug Huggett and
Jim Gregson of DCM.
Regarding the excavation moratorium we had discussed, I have now contacted both Fritz
Rohde (NCMF) and Ron Sechlar (NMFS). Both agree that they would not object to
performing a barge and bucket type operation for channel excavation year-round,without
a seasonal restriction. Please reflect the ability to perform barge and bucket excavation
during the dredging moratorium period within your permit conditions. Please contact me
with any questions that you may have regarding this information. Thank you for your
assistance.

Sincerely,
Steve Morrison �'®y
Environmental Consultant
Encl: Sheet 4 of 9 updated May, 2005 Or I
Cc: Jim Gregson Ohl �� k
Doug Huggett SOS '
Queens Point, LLC �C/IA

NT OF r United States Department of the Interior
� � 9
H o FISH AND WILDLIFE SERVICE
� a
Raleigh Field Office
Post Office Box 33726 RECEIVED
RH C ' Raleigh,North Carolina 27636-3726
April 22,2005 MAY 0 N 2005
DIV.OF COASIA: MZAG!-:"cNT
Mr. Henry Wicker Mau
/mil mMill^IU! ^lam\
U. S. Army Corps of Engineers
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington,North Carolina 28402-1890 MAY 0 g 2005
Subject: Action ID. 200500435,Queens Point, LLC,New Hanover County,North CarolYTMAnr'pre
t16
ad City CCM
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the letter of the Land
Management Group(LMG), Inc. regarding the subject Public Notice(PN). As the consultant for the
applicant, Queens Point Limited Liability Corporation(LLC), this letter,dated March 29,2005,provides
responses to Service comments sent to you by letter dated March 18,2005. The PN states that the
applicant has applied for a Department of the Army(DA)permit to dredge an access channel from a five-
acre waterfront tract to the Atlantic Intracoastal Waterway
(AIWW)and excavate a larger basin around an
existing dock dock. These comments and our earlier statements on the proposed work are submitted in
accordance with the Fish and Wildlife Coordination Act(FWCA)(48 Stat. 401,as amended; 16 U.S.C.
661-667d). Comments related to the FWCA are to be used in your determination of compliance with j
404(b)(1)guidelines(40 CFR 230)and in your public interest review(33 CFR 320.4)in relation to the
protection of fish and wildlife resources. Additional comments are provided regarding the District
Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act(ESA)of
1973,as amended(16 U.S.C. 1531-1543).
Our letter of March 18 and Service comments to the North Carolina Intergovernmental Review
Clearinghouse by letter dated November 10,2004, discuss the resources at risk in the project area. We
also provided recommendations for achieving the stated goals of the project while minimizing adverse
impacts to important coastal resources. Our letter on the PN concluded with five specific
recommendations. The LMG letter addresses these five points. We have reviewed these comments and
offer the following points for the Corps to consider in developing the coordinated federal position(CFP)
on this permit application.
First,we requested additional information, including specific draft requirements, to clearly distinguish
between the need to preserve navigation by traditional small recreational boats and the dredging to enhance
of navigation for the larger boats which would use the expanded dock. The Environmental Assessment
(EA)prepared by LMG in May 2004 states(pp. 1-2) that the existing dock has two slips for boats up to 20
feet in length. As part of the proposed dredging, this dock would be enlarged to provide six slips for boats
up to 28 feet in length. The LMG responded that the requested depth of four feet at mean low water
(MLW)was consistent with traditional small boat use. This statement merely reiterates statements given in
the EA without any supporting information. The supporting information which we would have found
useful include statements that specified individuals have accessed the AIWW from the Queens Point tract
and along Howe Creek for a specified number of year in boats requiring at least four feet of draft a; MT .

2
The draft requirements of the 20-foot-long boats(at the existing dock)and the 28-foot-long boats(for use
at the expanded dock)are not provided. There is no discussion of the number of boats within the 28-foot-
long size range which have traditionally used the project area to access the AIWW. While boats
approximately 20 feet long may represent traditional small recreational craft,this point is not made by the
LMG. Such statements would document that boats kept along the creek and near Queens Point for many
years have encountered navigation problems in recent years. We continue to find that there is insufficient
evidence to conclude that the stated project purpose,preserving traditional small boat recreational use of
the area(EA,p. 4),requires a channel dredging to a depth of four feet at MLW. If,however,the applicant
wishes to provide"enhancement of access"(EA,p. 16)for larger boats, the stated purpose should reflect
this goal.
Second, the Service requested a consideration of an alternative access channel which starts north of the
existing dock, follows deeper water around the northern tip of the intertidal shoal,and then proceeds east
toward the AIWW. This alternative may be similar-to the channel which existed in the 1970 and early
1980. The Field Investigation Report, dated January 31,2005, of the North Carolina Division of Coastal
Management mentions such a channel and notes that it was blocked by shoaling in the mid-1980s. Such
an alternative could minimize the loss of intertidal and shallow subtidal habitats. The LMG responded that
such an alignment would increase the square footage of disturbance to subtidal bottoms. Furthermore,the
LMG notes that a"sharply curving channel"would be more difficult to steer and result in"unintentional
channel side bottom disturbances from boat hulls,outboard lower units and prop wash."
The Service believes that while a northern alternative would be longer,perhaps by a few hundred feet,the
required dredging would not increase in proportion to the increased length. Figure 1 of the EA show that
some water depths around the northern edge of the marsh island are 2.0-3.5 feet at MLW. Less dredging
would be required in such areas of naturally deeper water as compared to dredging through the marsh
island which has elevations of one-half to one foot above MLW. The amount of material to be moved
could be reduced and project cost could even be lower. We also note that proposed channel(EA,Figure 2)
has certain bends which would be not that much different from those required to align the channel around
the marsh island. Furthermore, the fourth comment of the LMG states that slow,potentially idling, speed
may be needed to navigate the turns in the proposed, small channel. Therefore,a channel around the
northern end of the marsh island seems no more harmful to the estuarine habitats than the portion of the
channel along the alignment proposed by the applicant.
We would add that the rules of the Coastal Resource Commission(CRC)discourage dredging through
coastal wetlands. The North Carolina Administrative Code(NCAC)at 15A NCAC 07H .0208 (b)(1)
states that navigation channels, canals,and boat basins shall be aligned or located so as to avoid, among
other sensitive areas,regularly or irregularly flooded coastal wetlands. The rule goes on to note that
navigation channel and canals may be allowed through narrow fringes of regularly and irregularly flooded
coastal wetlands if the loss of wetlands will have no significant adverse impacts on fisheries resources,
water quality or adjacent wetlands, and, if there is no reasonable alternative that would avoid the wetland
losses. We see an alternative around the northern end of the marsh island,perhaps the access route used in
the recent past, as a reasonable alternative.
Overall, the Service continues to recommend that a permit not be issued until a detailed evaluation has
been made of an alternative that goes around the northern edge of the marsh island rather than through the
island. We believe that a small increase in the channel length would be balanced by the preservation of the
intertidal marsh and flats. Furthermore, a navigation channel around the marsh island would reduce the
potential for the additional loss of some coastal marsh due to sloughing and boat wakes over the long term.

3
The slow boat speeds apparently necessary in other parts of the channel should allow boaters to successful
navigate the turns in such a northern channel.
Third,the Service recommended that the coordinated federal position(CFP) should require that dredging
and sediment disposal in the environmental sensitive area be scheduled to avoid both the fish
migration/spawning period and the shorebird nesting season. The exclusion of these important periods
would allow dredging and disposal from October 1 through February 14. The LMG responded that
hydraulic dredging would not occur from April 1 to October 1. However, the applicant has requested no
restriction on mechanical dredging(clamshell bucket and barge). In our March letter, the Service outlined
reasons for limiting both types of dredging to the period from October 1 through February 14. The CFP
should also consider that the January 2005 FIR recommended that no excavation occur between April 1
and September 30 of any year without prior approval of the NCDCM, in consultation with the North
Carolina Division of Marine Fisheries. As we noted, excluding the period from February 15 through the
end of March would benefit anadromous fish and avoid impacts to fish nursery area.
The Service also raised the issue of adverse impacts on dredge material disposal on the designated spoil
island during the shorebird nesting season, generally April 1 through August 31. While the EA notes(p.
20)that if disposal was required during the nesting season,the material would be placed"outside the
nesting area." However,there has been no consideration on the possibility that shorebird nesting could
occur throughout the disposal site. The LMG responses did not address this issue. For the benefit of both
fisheries resources, other aquatic resources,and shorebirds,we continue to believe the lack of any seasonal
restriction on bucket and barge dredging has not been justified and that a period of four and half months
should be more than sufficient to move approximately 3,000 cubic yards of material.
Fourth, the Service recommended that there should be more information on preventing secondary,adverse
impacts, such as the loss of marsh due to erosion produced by boat wakes. Measures such as aligning the
channel farther from the marsh, an enforceable no wake speed zone,or reduction of the 30-foot width of
the channel in areas adjacent to marsh,would help preserve valuable marsh habitat. The LMG responded
that future marsh erosion is"not anticipated to be a significant factor"due to the slow speeds required to
navigate the turns in the small channel. However,the increase in boat size from a maximum of 20 feet to
28 feet in length,which is likely to occur with the expanded dock,has the potential increase wake impact
simply due to the greater water displacement of the larger boats in the 30-foot wide channel. The Service
continues to believe that the long-term adverse impacts of the proposed channel through and adjacent to
the coastal marsh due to passage of more and larger boats have not been fully considered.
Fifth, the Service recommended that the CFP should fully consider the potential that the initial dredging
would inevitably lead to a permanent requirement for maintenance dredging of the channel. If the
additional information on future boat use in the area indicates that, after initial construction of the channel,
boats requiring the deeper, four-foot MLW draft would navigate the deeper channel, it should be assumed
that permanent dredging in the area would be required for boater safety. In this case,the environmental
impacts of permanent dredging and disposal operation should be considered in permitting initial
construction. The LMG responded that future maintenance would require additional permit review and
authorization. The response also notes that the channel would be for small recreational watercraft. This
issue is related to the first point regarding whether the project is intended to "preserve the traditional small
boat recreational use of the area,"as stated in the EA(p. 4)or to enhance access(EA,p. 16)for the larger
boats proposed for the expanded dock. We believe that if the"initial project,"the term used in the EA(p.
1), can be reasonably expected to result in an approximately 40 percent increase in size of boats using the
access channel,then a permanent program of channel dredging is inevitable. Future requests for additional

4
dredging and disposal would be presented as a matter of safety for individuals who acquired larger boats
after the initial project. The presence of significant risks to lives and property would diminish the
opportunity to protect important coastal habitats during future permit reviews. Therefore, it is important to
not segment, or fragment, the environmental analysis of the initial dredging and future maintenance
dredging in this important coastal area. Furthermore, the permanent loss of coastal marsh would require a
proposal for compensatory mitigation.
The Service supports recreational boating in cases where vessel size is compatible with maintaining
important coastal habitats. If individuals wish to create access for larger vessels which are not consistent
with existing navigation conditions,both the short-and long-term environmental impacts should be fully
considered in permitting such alterations of coastal areas. We continue to believe that a DA permit should
not be issued until greater clarification is provided on need,purpose, alternatives analysis,avoidance,
minimization, and potential long-term adverse impacts due to a permanent program of channel dredging
which would require compensatory wetland mitigation.
The Service appreciates the opportunity to respond to the comments of the LMG on this permit
application. If you have questions regarding these comments or wish to discuss the development of the
CFP,please contact Howard Hall at 919-856-4520,ext. 27 or by e-mail at<[e-mail]>.
Please provide this office with a copy of the coordinated federal position, if one is developed.
Sincerely,
John Hammond
Acting Ecological Services Supervisor
cc:
Rebecca Fox,US EPA, Whittier,NC
Ron Sechler,NMFS, Beaufort,NC
David Cox,NCWRC, Creedmore,NC
Susan Cameron,NCWRC, Stella,NC
John Domey,NC Division of Water Quality, Raleigh,NC
Mike Street,NC division of Marine Fisheries,Morehead City,NC
Doug Huggett,NC Division of Coastal Management, Morehead City,NC
Jim Gregson,NC Division of Coastal Management,Wilmington,NC
Steve Morrison,Land Management Group,Wilmington,NC

MEMORANDUM
To: Doug Huggett
From: Mike Christenbury, District Planner
Subject: Consistency Determination, Major Permit Application, Queens Point,
LLC,—New Hanover County
Date: April 20, 2005
The applicant proposes to excavate a 30 feet wide by 750 feet long access channel
(approximately 32,000 square feet) extending from the AIWW to an existing private boat
dock. The applicant also proposes to excavate a basin around the docking area and to
enlarge the existing floating dock structure.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PT, ES, OR.
The Waters at the project site are classified as SA-ORW and are not open to the
harvesting of shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 1999 Wilmington-New Hanover
County CAMA Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection while the AECs
impacted by the work are classified as Conservation.
Under Section 4 Areas of Environmental Concern of the Wilmington-New Hanover
County Land Use Plan, Policy 4.10 (as amended July 2000)reads "not allow new
dredging activities in Primary Nursery Areas (PNA), Outstanding Resource Waters
(ORW), or Shellfishing Waters (SA) except for the purpose of scientific research,
designed for the purpose of protecting and enhancing water quality, and where
supported by sound scientific and technical knowledge. Limited exceptions may be
allowed for the urban waterfront and Wilmington's ports, consistent with the goals
and objectives of the Cape Fear Corridor Plan (1997) and the Downtown 2020 Plan
(1998) and for the New Hanover County Mason Inlet Relocation Project as
permitted by the U.S. Army Corps of Engineers."
As noted above, waters at the project location are designated as Shellfishing Waters (SA)
and Outstanding Resource Waters (ORW).
The proposed project clearly constitutes new dredging activities in waters classified as
SA-ORW. Therefore, the proposed project is in conflict and not consistent with Policy
4.10 of the 1999 Wilmington-New Hanover County CAMA Land Use Plan. Therefore,
I recommend this permit be denied.
Cc: Jim Gregson, DCM
John Thayer, DCM
Ted Tyndall, DCM
Chris O'Keefe,New Hanover County

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Henry Wicker
US Army Corps of Engineers
Regulatory Branch
P.O. Box 1890
Wilmington, N.C. 28402-1890
Re: USFWS comment response; Action-ID 200-50043-5, Queens Point, LLC, New
Hanover County,NC
Dear Henry,
As discussed, on behalf of Queens Point, LLC, I am responding to the-comment letter
you received from USFWS that you forwarded to me. At this point in time, the
Environmental Assessment(EAR prepared for the project was success€ul-1y reviewed, and
a Finding of No Significant Impact (FONSI) was issued by the NC Division of Coastal
Management (DCM) on October 15, 2004: The-State Clearinghouse review of the-project
was completed on November 19, 2004. On November 10, 2004, USFWS commented in
writing to the State Clearinghouse: Within-the-Summary section of the letter,they stated,
"With the inclusion of the Service's manatee condition, the Service anticipates that we
could-concur with a determination by the-District Engineer that the project is,not likely to
adversely affect species designated as threatened or endangered, or their designated
critical habitat".
A second comment letter from USFWS, dated March 18, 2005, on the same proposed
project, contained five recommendations in the Summary section. The following
responses relate to the numbered items in the March 18, 2005 USFWS letter found under
the Summary heading on pages 7 and 8:
1. The requested—4' mlw channel depth is consistent with"the traditional small boat
recreational use of the project area" as supported by USFWS. If a shallower depth were
requested, more frequent maintenance events would likely take place and there would be
a higher likelihood of bottom disturbance from normal prop wash. Maintenance for
navigation preservation in the future would require additional review and authorization.

If a deeper channel were proposed in the future, it would be reviewed upon the need and
conditions-at that time.
I The alignment of the-proposed-channel excavation serves to-minimize the-square
footage of bottom disturbance area while avoiding the bulk of the intertidal shoal.
Additionally,-a sharply curving channel completely around--the northem tip-of the shoal
would not only increase the area of bottom disturbance, but would be more difficult to
steer through;-resulting in unintentional channel side-bottom disturbance from boat hulls,
outboard lower units and prop wash.
I No sediment disposal is proposed in the- channel-project area. The designated
disposal area is within an active disposal dike utilized by the Corps of Engineers. As
stated within- the EA, the-disposal.-site will- be examined- prior to-the- deposition of
materials excavated by mechanical means. If nests are located, material will be placed
outside of the nesting area, with the consultation of the NC Wildlife- Resources
Commission. Hydraulic dredging would normally not occur from April 1 to October 1
due to the traditional moratorium, Mechanical-excavation-of the sandy-channel material
should not be restricted by the moratorium.
4. The proposed channel ex-eavation; with-associated-I I side slope-equilibration,
will remain at least 10' from the edges of any coastal marsh. Boat wake impact is not
anticipated to be significant factor due to-the---slower,potentially idling, speed-needo to
navigate the turns in the small channel.
S: Future-dredging to fnaintain--a safe,navigableuse-would-requireadditional permit
review and authorization. The anticipated use of the channel would be for small
recreational watercraft. The- requested- —4' m1w depth is- reasonable to- avoi& bottom
impacts from small boats and their prop wash, without being excessive.
Please-contact me with-any questions regarding- this in-€onnation. Thank you-for your
assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Cc: Pete Benjamin /
Doug Huggett✓
Queens Point, LLC

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
_ P.O.BOX 1890
WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF.
March 24, 2005
Regulatory Division
Action ID. No. 200500360
Queens Point, LLC
Suite 2050
300 North Greene Street
Greensboro,North Carolina 27401
Dear Madam or Sir.
On February 4, 2005, we received your application for Department of the Army
authorization to excavate a 30 feet wide by 750 feet long access channel extending from the
Atlantic Intracoastal Waterway to an existing private dock, excavate basin around dock and
enlarge the existing floating structure at 2535 Middle Sound Loop Road, adjacent to the Atlantic
Intracoastal Waterway/Middle Sound, near Wilmington,New Hanover County, North Carolina.
After review of your proposal, the US Fish and Wildlife Service(enclosed letter dated
March 18, 2005)has recommended revision of your application and plans. These
recommendations are due to anticipated adverse environmental impacts.
Our administrative process provides you the opportunity to propose a resolution and/or
rebut any and all objections before a final decision is made. In this regard, I would_appreciate
being'made aware of your intentions, in writing, on or before April 8, 2005.
I am responsible for processing your application and available to assist you in coordinating
with the review agencies. If you have any questions you may call me at(910) 251-4930.
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office 1
Enclosure

Copy Furnished with enclosure:
Land Management Group, Inc.
Attn: Christian Preziosi
Post Office 2522
Wilmington,North Carolina 29402
Copies Furnished:
Mr. Jim Gregson,District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington,North Carolina 28405
Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City,North Carolina 28557

�QF WA Michael F. Easley, Governor ;;
�O G William G. Ross, Jr., Secretary
co 7 North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
March 23, 2005
Queen's Point, LLC
c/o Mr. Robert E. Long,Jr.
300 N. Greene St.,Suite 2050
Greensboro„NC 27401
SUBJECT: Approval of 401 Water Quality Certification
and Additional Conditions
Queen's Point,LLC
DWQ Project#050240
New Hanover County
Dear Mr. Long:
You have our approval, in accordance with the attached conditions (WQC#3400)to conduct the
following activity located off Middle Sound Loop in Wilmington,New Hanover County. This approval
allows you to:
1. Dredge an access channel approximately 30' X 750' to a depth of—4.0 mlw ;
2. Dredge a boat basin approximately 60' X 160' to a depth of—4.0 mlw for the boat basin;
3. Construct extensions to the existing floating structures.
This approval is only valid for the purpose and design that you described in your CAMA Major
application received by the Division of Water Quality(DWQ) in the 401 Wetlands Unit on February
8,2005. After reviewing your application, we have determined that General Water Quality Certification
Number 3400 covers this activity. This Certification allows you to use your CAMA Permit when the NC
Division of Coastal Management issues it. Please keep in mind that there may be additional Federal,
State or Local regulations applicable to your project, such as(but not limited to) Sediment and Erosion
Control, Non-Discharge and Water Supply Watershed regulations, NPDES and Coastal Stormwater. In
addition,this approval will expire when the accompanying CAMA Permit expires unless otherwise
specified in the General Certification.
This approval is only valid for the purpose and design that you described in your completed CAMA
Major Permit application received by the Division of Coastal Management on January 12, 2005. If you
change or modify your project, you must notify the Division(DWQ) in writing and you may be required to
send us a new application for a new certification. If the property is sold, the new owner must be given a
copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If
total wetland fills for this project(now or in the future)exceed one acre, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certification and the additional conditions listed on the following
page:
North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone[phone] Customer Service 1-877-623-6748
Wilmington Regional Office Wilmington,NC 28405-3845 FAX [phone] Internet: h2o.enr.state.nc.us One
NorthCarolina
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper AaturallrY

Page Two
Queen's Point,LLC
c/o Mr.Robert E. Long,Jr.
Project#050240
March 23,2005
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications,the applicant is required to return the attached
certificate of completion to this office and a copy to the 401/Wetlands Unit,North Carolina Division of
Water Quality, 1650 Mail Service Center, Raleigh,NC,27699-1650;
2. No excavation and no spoil, solids,or fill of any kind shall occur in wetlands,waters,or riparian
areas beyond the footprint of the impacts depicted in the CAMA Major Application. All
construction activities, including the design, installation, operation,and maintenance of sediment
and erosion control Best Management Practices, shall be performed so that no violations of state
water quality standards, statutes, or rules occur.
Please notify this Office at the number listed below if any problem arises during the construction of
the project that may affect water quality.
If you do not accept any of the conditions of this certification,you may ask for an adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a
written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,N.C. 27699-6714. This certification and its
conditions are final and binding unless you ask for a hearing.
. This letter completes the review of the DWQ Permit#050240 under Section 401 of the Clean Water
Act. If you have any questions,please telephone Joanne Steenhuis or Edward Beck at 910-395-3900.
Sincerely,
Alan W.Klimek,P.E.,Director
Division of Water Quality
Attachments: GC#3400
Certificate of Completion
cc: Corps of Engineers Wilmington Field Office—Henry Wicker
WiRO-Joanne Steenhuis
401 Oversite Unit,Raleigh—Cyndi Karoly
CAMA—Jim Gregson
CAMA—Doug Huggett FMAR
IVED
Land Management Group—Steve Morrison 4 2005

Pt�ENT oFTy� United States Department of the Interior
QP i
o m
a FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
�409CH 3 � Raleigh,North Carolina 27636-3726 r-
March 18,2005 RECEIVED
MAR 2 9 2005
Mr. Henry Wicker DIV.OF COASTAL MANAGEMENT
U. S. Army Corps of Engineers RALEIGH
Wilmington Regulatory Field Office
P. O. Box 1890
Wilmington,North Carolina 28402-1890
Subject: Action ID. 200500435, Queens Point,LLC,New Hanover County,North Carolina
Dear Mr. Wicker:
This letter provides the comments of the U. S. Fish and Wildlife Service(Service)on the subject Public
Notice (PN). The applicant,Queens Point Limited Liability Corporation(LLC),has applied for a
Department of the Army(DA)permit to dredge an access channel to the Atlantic Intracoastal Waterway
(AIWW) and excavate a basin around an enlarged dock. These comments are submitted in accordance
with the Fish and Wildlife Coordination Act(FWCA) (48 Stat. 401,as amended; 16 U.S.C. 661-667d).
Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1)
guidelines(40 CFR 230) and in your public interest review(33 CFR 320.4) in relation to the protection of
fish and wildlife resources. Additional comments are provided regarding the District Engineer's
determination of project impacts pursuant to section 7 of the Endangered Species Act(ESA)of 1973, as
amended(16 U.S.C. 1531-1543).
Proposed Actions and Environmental Impacts
The Service provided comments on the proposed work to the North Carolina Intergovernmental Review
Clearinghouse by letter dated November 10, 2004. This office provided you a copy of our comments.
The basis for our November comments was an Environmental Assessment(EA), dated May 2004,
prepared by the Land Management Group,Inc. (LMGI), of Wilmington. LMGI was also provided a copy
of our comments.
The work currently proposed is the same as that presented in the May 2004 EA. The proposed work and
the anticipated impacts are described in the Field Investigation Report(FIR), dated January 31,2005, of
the North Carolina Division of Coastal Management(NCDCM).
The project area is located at the mouth of Howe Creek at its confluence with the Atlantic Intracoastal
Waterway (AIWW). The area has been traditionally used by small,recreational boats for navigation
between Howe Creek and the AIWW. The area is part of a larger estuarine system known as Middle
Sound.
The action alternative given in the PN would create an access channel to the east of the dock,cross a
portion of the intertidal shoal, and continue through a shallow, subtidal area north of the shoal to the
AIWW. The channel would be dredged to a depth of-4.0 feet at mean low water(MLW) and have a
bottom width of 30 feet. The access channel would have an overall length of 750 feet. The FIR states

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that part of the dredged channel would cross a sand flat. This sand flat appears to part of the margin of a
marsh island between the dock and the AIWW. The proposed channel would be 22 feet from the marsh
island at its closest point. The FIR states that the applicant anticipates a natural equilibrium slope of 3
horizontal to 1 vertical which would keep the upper edge of the channel approximately ten feet from the
edge of marsh vegetation. The FIR does not indicate that any vegetated shallows would be dredged and
that the process would impact 32,100 square feet(fe),or 0.74 of an acre,of"non-vegetated wetlands."
Dredging would be performed by either a hydraulic cutterhead dredge or a barge mounted excavator.
The existing floating dock structure would be enlarged to a size of ten feet wide by 100 feet long. A
basin around the enlarged dock would be dredged to a depth of-4.0 feet at(MLW). The upper area of the
basin would lie within approximately two feet of the edge of marsh vegetation.
The proposed work is expected to remove 2,900 cubic yards(cy) of sediment. This material would be
pumped or transported to an existing spoil island just east of the junction of the AIWW and Mason Creek.
The EA noted(pp. 19-21)that mechanical dredging could be conducted at any time of year,but
hydraulic dredging and disposal would avoid periods of"peak biological activity." Since birds may nest
in the disposal area,the EA stated(p. 21) that"if any nests are located within or immediately adjacent the
proposed disposal area . . . the applicant will consult with the NC WRC [North Carolina Wildlife
Resources Commission] for avoiding disturbances to these nests."
Federally Protected Species
The Service has reviewed the federally threatened or endangered species under our jurisdiction known to
occur in New Hanover County. This information can be found on our web site at<hq:Hnc-
es.fws.gov/es/cnlylist.htm] >. Information for a more limited area around the project site is available
from the North Carolina Natural Heritage Program(NCNHP)database. This database contains
occurrence records for both state and federally protected species within each U. S. Geological Survey
quadrangle(quad). The occurrence data of special status species within this quad can be obtained on the
internet under the Database Search section of<htlp://www.ncnhp.org/Pages/heritagedata.html>. The
project is located near the junction of the Scotts Hills and Wrightsville Beach quads.
As noted in the EA(p. 13),the Carolina diamondback terrapin(Malaclemys terrapin centrata)may occur
in or near the project area. There are occurrence records for this State Special Concern species in both the
Scotts Hill and Wrightsville Beach quads. The species occurs in salt marshes and tidal channels.
Our review indicates that the only federally listed species likely to occur in the project area is the West
Indian manatee(Trichechus manatus), a federally-endangered mammal. The species is known to occur in
New Hanover County and there-is a current occurrence record in the Wrightsville Beach quad. The EA
states (p. 13)that manatees migrate through the coastal marsh areas during the warmer months. The
shallow, estuarine waters of the project area may provide suitable habitat for manatees that move along
the Atlantic Coast during summer months and are seasonal transients in North Carolina,primarily from
June through October. Manatees may travel in water as shallow as one to two meters(3.3 -6.6 feet) deep.
The species moves extensively when in North Carolina waters and past occurrence records cannot be
used to precisely determine the likelihood that it will be presence at a particular construction site.
The Service is concerned that dredging in the project area, especially the use of a bucket and barge
dredging procedure,poses a risk to manatees during the warmer months of the year. Pier construction
which requires either jetting and/or pile driving for timber placement can also create a risk to manatees.

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To minimize any risk to this endangered species,the Service developed"Guidelines for Avoiding Impacts
to the West Indian Manatee-Precautionary Measures for Construction Activities in North Carolina
Waters." These guidelines are available on our web site at<
hU://nc-es.fws.gov/mammal/manatee guidelines pU5. The guidelines are intended mainly to ensure
that construction personnel are informed that manatees may occur in the work area,that work should
cease if a manatee approaches the work area,work should not resume until the manatee leaves the work
area, and procedures for reporting the death or injury of a manatee. Protection of the manatee would
further enhanced by scheduling construction during the period from November 1 through May 31 where
the species is least likely to be in North Carolina waters.
With the inclusion of our manatee guidelines,the Service would concur with a determination by the
District Engineer that the action is not likely to adversely affect species designated as threatened,
endangered,or their designated critical habitat. The Corps' requirements under section 7(a)(2) of the Act
would be fulfilled. However, section 7 consultation must be reconsidered if: (1)new information reveals
impacts of this identified action that may affect listed species or critical habitat in a manner not previously
considered; (2)this action is subsequently modified in a manner that was not considered in this review;
or, (3)a new species is listed or critical habitat determined that may be affected by the identified action.
Service Concerns and Recommendations for the Coordinated Federal Position
Resources at Risk- The Service is concerned about any permanent loss of intertidal and shallow subtidal
habitats. Both areas are important fish and wildlife habitat. The ecological values of North Carolina
intertidal flats have been described(Peterson and Peterson 1979). Estuarine soft bottoms play a very
important role in the ecology of estuarine ecosystems as a storage reservoir of chemicals and microbes
(Street et al. 2004,p. 374, available at<htip://www.ncdmf.net/habitat/chpp28.html>). Shorebirds forage
along intertidal habitat of exposed sand bars. Removing a portion of the intertidal shoal would adversely
impact foraging habitat of shorebirds and waterbirds. Birds such as the sanderling(Calidris alba),black-
bellied plover(Pluvialis squatarola),willet(Catoptrophorus semipalmatus),ruddy turnstone(Arenaria
interpres) ,greater yellowleg(Tringa melanoleuca), lesser yellowleg (Tringa flavipes),marbled godwit
(Limosa fedoa),American oystercatcher(Naematopus palliatus) , laughing gull (Larus atricilla),herring
gull (Lanus argentatus),and great black-backed gull (Larus marinus) forage on the algae and
invertebrates of intertidal sand flats. Invertebrates inhabiting intertidal shoals are an important food
source for shorebirds and fishes. The EA notes(p. 18)that intertidal macrofauna that are present in the
dredge footprint would be subject to immediate impact associated with the excavation of the shoal.
Much of Howe Creek is classified as a primary nursery area(PNA) (EA,p. 10). The mouth of Howe
Creek serves as a corridor for fish species migrating to and from spawning,nursery, and feeding areas.
Both the unvegetated shallows and the surrounding marshes serve as important habitat for both resident
and migratory fisheries resources. Direct and indirect adverse impacts to these habitats would be
detrimental to fisheries resources.
The EA states(p. 13)that the NCNHP has designated the proposed disposal island, along with other spoil
disposal islands in the vicinity, as special habitat because it may provide nesting habitat for a variety of
waterbirds including gulls, turns, and skimmers. Three state species of"special concern,"the black
skimmer(Rynchops niger), least tern (Sterna antillarum), and common tern(S. hirundo),have current
occurrence records in the Wrightsville Beach quad. Least terns (Sterna antillarum), state listed as
Significantly Rare, have been observed nesting on the proposed disposal island(EA,p. 13).

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Need and Purpose- Considering the important habitats in the project area,the need for altering the area
should be clearly stated. The area has been traditionally used by small,recreational boats for navigation
between Howe Creek and the AIWW(EA,p. 3). The EA states(p. 3)that existing water depths between
the dock and the AIWW create a navigation hazard during a significant portion of the tidal cycle. The
need for action relates to maintaining the existing use of the area and allowing safe,unobstructed access
from the dock to the AIWW. The EA states(p. 16)that the proposed dredging would"preserve boating
access." However,the same paragraph notes that any"enhancement"of access is considered beneficial.
While there is no specific statement of purpose,the rationale for rejecting the no action alternative
provides the clearest expression of the project goal, i.e.,to preserve the recreational use of the area by
traditional small boats(EA,p.4).
The preferred alternative contains two elements which were not discussed in the need,purpose, or
development of alternatives. First, a 60-foot extension of the existing dock would be constructed. The
dock extension would increase the number of slips from two to six and increase allowable boat size from
20 feet to 28 feet(EA,p. 2). Second,dredging would be conducted in the immediate vicinity of the dock
to allow for safe unobstructed access to and from the slips. These aspects raise the question of whether
the proposed access channel is needed for the"small recreational boats"which have traditionally
navigated between Queens Point and the AIWW or is needed for the larger boats which would use the
expanded dock.
The current PN does not provide information to clearly distinguish between work to preserve"traditional
small boat recreational access"and an effort to enhance or expand access to larger boats. This
information would include the draft requirements of the small recreational boats as well as the draft
requirements of the larger boats which for which the expanded dock is proposed. Such draft requirements
could be considered in relation to the area with a tidal amplitude of 3.8 feet which creates depths of over
two feet to more than seven feet at high tide throughout much of the area. There is no specific discussion
of the degree of access for the 20-foot-long boats which currently use the applicant's dock. If the project
seeks to remove the navigational constraints which exist only at low tide,this need should be presented.
A discussion of the access needs at low tide which cannot be met during high tide should be presented.
A clear distinction between boats which have traditionally used the channel and those which would use
the dredged channel is important in establishing the need for future maintenance of the four-foot channel.
The EA states(p. 1)that depending on channel conditions following initial dredging,"a maintenance
dredging event may be applied for within the first three years." The environmental impacts and sediment
disposal procedures for maintaining the proposed channel have not been considered. If the"initial
dredging"is intended to allow access for boats larger than the traditional small recreational boats of the
past,then maintenance dredging will be continuously required as a matter of safety. The long-term
environmental consequences of a permanently maintained access channel should be considered in the
Corps public interest review.
Analysis of Alternatives-The Service is concerned that the selected alternative cuts across the intertidal
flat rather than following existing,deeper water around the northern end of the marsh island. The EA
recognizes this concern and notes(p. 20)that"different channel alignments have been evaluated in an
attempt to reduce disturbance to intertidal shoal habitat." However, an alignment around the northern tip
of the marsh island was not considered. The preferred alternative would convert approximately 5,750
square feet(0.13 of an acre)of intertidal habitat to subtidal bottoms (EA,p. 19). The EA acknowledges
(p. 19)this loss would disturb a small portion of the foraging habitat of shorebirds and waterbirds in the
area.

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While direct losses have been considered, the Service is concerned that the long-term, adverse impacts to
coastal marshes have not been fully evaluated. While the applicant estimates that natural equilibrium, or
sloughing of the channel sides,would bring the channel to within 10 feet of the marsh. A part of the
deeper basin would be within two feet of marsh vegetation. These small buffers may not persist over time
and additional encroachment on the marsh could occur. Chabreck(1988,p. 76, and reference therein)
considered channel dredging adjacent to wetlands and notes that"[A]fter initial construction,canals
continue to widen causing further land loss; the width of canals may double after a decade . . . Wave
wash from boats cause shoreline erosion and the widening rate of canals." It has been recommended that
there be no changes in the depth of the muddy areas adjacent to salt marshes (North Carolina Sea Grant
College Program[hereafter NCSGCP], 1996,p. A-30). Since the proposed channel is intended for boat
use,the long-term impact of persistent prop wash poses a risk of continuous marsh erosion.
Due to both the direct and secondary impacts of the proposed alignment,the Service recommends that
Coordinated Federal Position(CFP)request a consideration of an alignment which would go north from
the existing dock,pass around the northern tip of the shoal, and bend back toward the AIWW before
joining the waterward section of the preferred alignment. Based on Figure 4 of the EA, such an alignment
may only a few hundred feet longer and reduce the need to remove the intertidal shoal. The Service sees
environmental benefits from an alternative which goes around the marsh island rather than through it.
Such an alternative may be the least environmentally damaging,practicable alternative
Scheduling Dredging and Disposal-Regardless of the alignment ultimately used, some dredging is
likely to be required to maintain traditional small boat recreational use. The Service seeks to ensure that
non-emergency dredging is timed to avoid the most sensitive period of biological activity. The Service is
concerned that project contains no commitment to establish a definite work period for types of equipment.
A restricted work period would minimize the adverse impact of turbidity and sedimentation. Several
resources would benefit from a limited period for dredging and sediment disposal. Fisheries resources
use the PNA in Howe Creek(EA,p. 10, Figure 8). Primary and secondary nursery areas are generally
used from February 15 to September 30. Shorebird/waterbirds may nest on the disposal island,generally
from April 1 through August 31.
The EA states (p.4)that if hydraulic dredging is used,the work period would conform to the accepted
period for such work. However,bucket and barge(mechanical)dredging could be conducted throughout
the year. The lack of a seasonal restriction on mechanical dredging appears to be based on the premise
that such operations harm aquatic organisms only through entrainment. The EA notes(p. 19)that
mechanical excavation can be conducted throughout the year since it is generally recognized that"this
form of excavation allows adequate opportunity for individuals to avoid the operating equipment."
The Service does not agree with this assessment. While this rationale considers the actual equipment, it
does not encompass the adverse impacts resulting from turbidity and sedimentation which can extend
over a much wider area than the actual excavation area. If submerged aquatic vegetation(SAV) exists
near the dredge area, suspended solids may drift out of the immediate project area and settle on nearby
SAV. Drifting sediment plumes can bury the plants or block sunlight needed for normal growth. High
levels of suspended solids also harm benthic fauna by disturbing food intake by filter feeders and
smothering sedentary organisms. Increased settling of suspended solids can bury fish eggs and make
them nonviable. Increased turbidity can directly interfere with the feeding of certain fish by clogging
gills of filter feeders and deposit feeders and inhibiting feeding by those species that depend on visual
cues to detect food(NCSGCP 1996,p. A-32). Such adverse impacts during the times when post-larval

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and juvenile fish may be using the PNA of Howe Creek were not fully considered in proposing a work
schedule.
In our November comments the Service recommended a greater consideration of the ability to place
dredged material in the disposal island during the waterbird nesting season without harm to bird nesting
success. As noted,the applicant proposes(EA,p. 20)to evaluate the disposal site if disposal activities are
scheduled during the waterbird nesting season. This evaluation,prior to disposal,would determine if
nests are on the disposal site and the location of any nests. The applicant would then consult with the
North Carolina Wildlife Resources Commission(NCWRC)to avoid disturbance to nests in the area. If
nests are located,material would be placed outside the nesting area in coordination with the NCWRC.
While the disposal of 2,900 cy within this area may be able to avoid direct burial of nests,the operation is
likely to be disruptive to nesting birds throughout the site. The EA does not address a situation in which
equipment availability occurs during the nesting season and waterbirds nests are scattered throughout the
disposal area. The EA contain no discussion of an alternative disposal site. There is also no detailed
schedule for the selection of equipment, initial nesting surveys,and actual dredging. The precise timing
of these events would be critical. The point during the nesting season when the island could be
determined to be an acceptable disposal site should be specified. Without such detailed planning and a
backup disposal area,there would be an economic incentive to complete the project as proposed even if
adverse impacts to waterbird reproduction would occur.
The Service recommends that the CFP specify that any dredging and sediment disposal be,limited to the
period between October 1 and February 14. Excluding the period from February 15 through September
30 would conform to the period used to protect fisheries resources in primary and secondary nursery
areas. Excluding this period would also provide protection for birds nesting on the disposal island. This
excluded period would also include all but the last month(October)when the federally endangered
manatee is most likely to be present in North Carolina waters. A period of four and half months should
be more than sufficient to move approximately 3,000 cy of material.
Potential for Long-term Loss of Coastal Marsh-The Service is concerned that proposed placement of
a navigation channel close to a marsh could result,over time, in the loss of some coastal marsh. Street et
al. (2004,p. 350) state that the most detrimental effect of boating on wetlands is probably the loss of
vegetation from wave action. While the actual impact of boat wakes on wetlands has not been quantified,
erosion from boat traffic along the AIWW and elsewhere is readily observable and is likely responsible
for substantial (or just localized) loss of fringing wetland habitat(Riggs 2001 as cited in Street et al. 2004,
p. 350). The loss of fringing wetland can result in increased erosion of waterfront property along the
AIWW (Street et al. 2004,p. 350).
Several options could be used to minimize future harm to coastal marsh in the area. First, as noted above,
the access channel could be routed around the marsh island rather than cutting through the northern tip.
Second,the desired 30-foot width of the channel could be reduced in areas where it is adjacent to coastal
marsh. Third,boats using the access channel could be required to travel at low,no wake speeds. While
having a no wake speed zone is desirable,the legal requirements to establish such a zone are complicated
and boaters who ignore the regulation can greatly reduce the intended benefits.
Long-term Impacts of Permanent Channel Maintenance-The Service is concerned that the proposed
work, designated as the"initial project"in the EA(p. 1), would create conditions which require
permanent maintenance of the access channel. As noted,the EA does not clearly establish whether the
proposed channel is meant to preserve navigation for small recreational boats (p. 4)or for the

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"enhancement of access"(p. 16). However,the stated ability of the enlarged dock to accommodate larger
boats(EA,p. 2) suggests that the work would directly lead to use of the channel by boats which have not
traditionally had access. Over time as natural shoaling occurs,the larger boats made possible by the
initial channel dredging would encounter access problems. Safety issues would emerge as a justification
for the maintenance dredging mentioned in the EA(p. 1).
The Service recommends that the potential requirement for long-term maintenance dredging be addressed
during the public interest review for the initial channel creation. If access between the applicant's
property and the AIWW is for small recreational boats that have traditionally used the area and access
maximizes the use natural channels of deeper water,then maintenance dredging would be less frequent.
Such circumstances would not require a consideration of maintenance dredging as part of the initial
permit. If,on the other hand,the initial dredging would be used as an opportunity to bring larger boats
into the area,then maintenance dredging would be a certainty and a requirement every few years. In this
case,the environmental consequences of maintenance dredging should be fully considered in permitting
the initial operation.
Summary
The Service supports the goal of preserving the traditional small boat recreational use of the project area.
However,the development of the Coordinated Federal Position(CFP)requires clarification of certain
aspects of the project; a greater consideration of both direct and, especially, long-term environmental
impacts; and a thorough evaluation of measures to minimize adverse impacts. In order to develop the
least environmentally damaging,practicable alternative,the Service recommends that:
1. Additional information should be provided,including specific draft requirements,to clearly
distinguish between the need to preserve of navigation by traditional small recreational boats and the
construction to enhance of navigation for the larger boats which would use the expanded dock. This
information would document that traditional small recreational boats require four-foot water depths at
MLW;
2. In order to minimize the loss of intertidal and shallow subtidal habitats,there should be a consideration
of an alternative which starts north of the existing dock, follows deeper water around the north tip of the
intertidal shoal,and then proceeds east toward the AIWW;
3. The CFP should require that dredging and sediment disposal in the environmental sensitive area avoid
both the fish migration/spawning period and the shorebird nesting season. The exclusion of these
important periods would allow dredging and disposal from October 1 through February 14. This period
should be sufficient to move approximately 3,000 cy of material;
4. There should be more information on preventing secondary, adverse impacts, such as the loss of marsh
due to erosion produced by boat wakes. Measures such as buffers wider than 10 feet, enforceable no
wake speed regulations, or reduction of the 30-foot width of the channel in areas adjacent to marsh,would
help preserve valuable marsh habitat; and,
5. The CFP should fully consider the potential that the initial dredging would inevitably lead to a
permanent requirement for maintenance dredging of the channel. If the additional information on future
boat use of the area indicates that, after initial construction of the channel,boats requiring the deeper,
four-foot MLW draft would navigate the deeper channel, it should be assumed that permanent dredging in

8
the area would be required for boater safety. In this case,the environmental impacts of permanent
dredging and disposal operation should be considered in permitting initial construction.
The Service appreciates the opportunity to comment on this permit application. If you have questions
regarding these comments or wish to discuss the development of the CFP,please contact Howard Hall at
919-856-4520, ext. 27 or by e-mail at<[e-mail]>. Please provide this office with a copy
of the coordinated federal position, if one is developed.
SjBenj
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Ecological Services Supervisor
Literature cited
Chabreck, R. A. 1988. Coastal Marshes. University of Minnesota Press. Minneapolis, MN. 138 pp.
North Carolina Sea Grant College Program. 1996. Protecting Coastal Resources from Cumulative
Impacts: An evaluation of the North Carolina Coastal Area Management Act. Completed by B.
A. Doll and A. S. Coburn. Edited by C. Burgess. North Carolina Department of Environment,
Health, and Natural Resources. NC Sea Grant Publication No. UNC-SG-96-12. 45pp+
Appendices.
Peterson, C. H. and N. M. Peterson. 1979. The ecology of intertidal flats of North Carolina: a
community profile. U. S. Fish and Wildlife Service,Office of biological Services. FWS/OBS-
79/39. 73pp.
Riggs, S. R. 2001. Shoreline erosion in North Carolina estuaries. UNC-Sea Grant,Raleigh,NC,01-11,
68p.
Street, M. W.,A. S. Deaton,W. S. Chappell, and P. D. Mooreside. 2004 (September). North Carolina
Coastal Habitat protection Plan—Draft. North Carolina Department of Environment and Natural
Resources. Division of Marine Fisheries. Morehead City,North Carolina. 608 pp.
cc:
Rebecca Fox,US EPA,Whittier,NC
Ron Sechler,NMFS,Beaufort,NC
Bennett Wynne,NCWRC, Kinston,NC
Susan Cameron,NCWRC, Stella,NC
John Domey,NC Division of Water Quality,Raleigh,NC
Mike Street,NC division of Marine Fisheries,Morehead City,NC
Doug Huggett,NC Division of Coastal Management,Morehead City,NC
Christian Preziosi, Land Management Group,Wilmington,NC

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►Oremeau City VjCM
North Carolina Wildlife Resources Commission
MEMORANDUM Richard B. Hamilton, Executive Director
TO: Doug Huggett
Division of Coastal Management
FROM: Bennett Wynne Jkd
Habitat Conservation Program
DATE: March 14, 2005
SUBJECT: CAMA/Dredge & Fill Permit Application for Queens Point,LLC, 2535 Middle
Sound Loop Road, adjacent to AIWW and Howe Creek, Wilmington,New
Hanover County, North Carolina.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. We regret that time constraints delayed our response. Our
comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.) and the Coastal Area Management Act (G.S.
113A-100 through 113A-128).
The project, for which an environmental assessment (EA) has been submitted, involves a
private effort to dredge a 30 ft. wide channel(0.13 acre) through accumulated shoals between a
2-slip, 40 ft. dock (to be expanded to a 6-slip, 100 ft. dock) and the AlWW. A channel alignment
was chosen that would minimize impacts to intertidal habitat. It has not yet been decided whether
a hydraulic or bucket and barge dredge would be used for the work. Predominantly sandy spoil
would be placed on an existing diked disposal island across the AIWW. State listed least terns
have been observed nesting on this spoil disposal island during past waterbird surveys. The
Division of Marine Fisheries (DMF) has identified shellfish beds in the project vicinity. Area
waters are classified SA-Outstanding Resource Waters(ORW).
The project would involve dredging a new channel in an ORW. Direct mortality would be
inflicted on macrobenthos in the impacted sediments, populations of which would be expected to
be higher during the growing season. It is our understanding through communication with DMF
that shellfish issues have been coordinated and major concerns have been sufficiently addressed.
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fag: [phone]

Queens Point dredging 2 03/14/05
A loss of 0.13 acre of intertidal habitat would reduce shorebird foraging habitat at the mouth of
Howe Creek. According to the project EA, deposition of material on the spoil island would be
coordinated with the Wildlife Resources Commission if the work were done during the waterbird
nesting season. Any activity, however, may disturb nesting birds. Based on these concerns, we
recommend that the project be timed to avoid the April 1 to September 30 period of peak
biological activity. This moratorium includes the April 1 to August 31 waterbird nesting period.
Thank you for the opportunity to comment on this application. If you have questions
regarding these comments, please call me at [phone].

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
_ P.O.BOX 1890
WILMINGTON.NORTH CAROLINA 28402-1890
REPLY TO
ATTENTION OF:
February 22, 2005
Regulatory Division -
Action ID No. 200500435 ` 5
Queens Point, LLC
Suite 2050
300 North Greene Street
Greensboro,North Carolina 27401
Dear Madam or Sir:
On January 1, 2005,we renewed general permit No. 198000291 (copy enclosed),which `
provides Federal authorization for construction activities that receive authorization from the
State of North Carolina.
A review of your request to excavate a 30 feet wide by 750 feet long access channel
extending from the Atlantic Intracoastal Waterway to an existing private dock, excavate basin
around dock and enlarge the existing floating structure at 2535 Middle Sound Loop Road,
adjacent to the Atlantic Intracoastal Waterway/Middle Sound,near Wilmington,New Hanover
County,North Carolina, indicates it to be a candidate for Federal authorization under this
general permit. Accordingly,the administrative processing of your application will be
accomplished by the North Carolina Division of Coastal Management. Comments from Federal
review agencies will be furnished to the State.
If your application must be withdrawn from this general permit process for any reason,
you will be informed regarding its further management. If there are no unresolved differences in
State-Federal positions or policies,the final action taken on your application by the State will
result in your receiving written notice from us that your application is consistent with the general
permit and you may commence your activity. Only after receiving such confirmation should you
begin work.

Your application, pursuant to Section 10 of the Rivers Harbors Act and Section 404 of
the Clean Water Act, has been assigned Action ID No. 200500435 will be coordinating your
permit application with other Federal agencies. You may contact me at [phone].
Sincerely,
Henry Wicker, Project Manager
Wilmington Regulatory Field Office
Enclosure
Copies Furnished (without enclosure):
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
151-B Highway 24
Hestron Plaza II
Morehead City, North Carolina 28557
Mr. Jim Gregson, District Manager
Wilmington Regional Office
North Carolina Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

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WDENR
North Carolina Department of Environment and Natural Resources MAR 0 8 nos
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William'G.Ross Jc a a�ity
February 18, 2005 �
Queens Point, LLC
C/o Christian Preziosi
Land Management Group, Inc.
PO Box 2522
Wilmington,NC 28402
Subject: EXEMPTION
Stormwater Project No. SW8050223
Queens Point Dock Expansion
New Hanover County
Dear Mr. Preziosi:
The Division of Coastal Management through a cooperative agreement with the Division of
Water Quality has reviewed your CAMA major permit application to determine if a stormwater
management permit would be required from the Division of Water Quality. A review of the plans
and specifications has determined that the development activities proposed at this time will not
pose a threat to surface water quality from stormwater runoff. The Director of the Division of
Water Quality has determined that projects that are reviewed and approved by the Division of
Water Quality as not posing a water quality threat from stormwater runoff should not be subject
to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this
letter, we are informing you that your project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater
runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES)
stormwater discharge requirements. You are required to have an NPDES permit for stormwater
dischar e from projects meeting these criteria. The stormwater rules require the Division of
Water Nlity to permit the common plan of development, therefore, any future development on
the property, regardless of whether a CAMA Major permit is also required, may require a
Stormwater Management Permit application and permit issuance from the Division of Water
Quality prior to any construction.
Please be advised that this determination is for stormwater management requirements only.
Your request for authorization of development under the Coastal Area Management Act is still in
process.
If you have any questions or need additional information concerning this matter please contact
Ms. Linda Lewis with the Division of Water Quality at [phone].
Sincerely,
s Gregson
istrict Manager
JG/bar:
cc: Tony Roberts,New Hanover County Inspections
Doug Huggett, DCM
Charles Jones, Director
DWQ
DWQ Central Files
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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February 18, 2005
MEMORANDOM
To: Doug Huggett
Major Permit Processing Coordinator
From: Ed Jackson
Shellfish Sanitation and Recreational Water Quality Section
Wrightsville Beach Office
Applicant: Queens Point, LLC
Subject: CAMA/Dredge and Fill Permit Application Review
Project Location: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe
Creek, near Wilmington, in New Hanover County.
Proposed Project: Applicant proposes to excavate a 30 ft. wide by approximately 750
ft. long access channel extending into the AIWW to an existing
private boat dock. The applicant also proposes to excavate the
basin around the docking area and to enlarge the existing floating
dock structure.
The Shellfish Sanitation and Recreational Water Quality Section concerns are centered
upon the transfer of soils or waters from closed shellfishing areas to open shellfishing
waters in the AIWW during dredging operations.
The subject project proposes to relocate all dredge spoils to an existing dredge spoils site
to the east side of the AIWW. The waters in Howe Creek are closed to shellfish
harvesting. The waters in the AIWW adjacent to the spoils site are currently open to
shellfish harvesting. As such, the following is requested as a permit condition: /
Cif
If discharges of dredged or fill materials from waters closed to the harvest of
shellfish are placed in waters that are open to the harvest of shellfish, a minimum of 24
hours prior notification shall be given to the Shellfish Sanitation and Recreational Water
Quality Section so that appropriate temporary closures to the harvest of shellfish may be
put in place.
Specifically, upon transfer of spoils from the above mentioned site (closed to shellfish
harvesting)to the existing spoils disposal site adjacent to the AIWW(open to shellfish
harvesting), a temporary closure to shellfish harvesting in waters adjacent to the existing
spoils disposal site will be recommended. This closure will extend throughout the
dewatering process, and will be lifted upon satisfactory bacteriological sampling after the
project is completed. It should be noted that oyster harvesting season in N.C. generally
includes the months of October through March.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT,CORPS OF ENGINEERS
PO BOX 1890
WILMINGTON NC 28402-1890 t"
Regulatory Division
Action ID. _2 0C)506 q3 5 Applicant: Qux,--� ra I,+,
Waterway: A1ww1 r (! County: Type Work: Areiclo
,Sou V1 S ��
Mr. Ron Sechler Commanding Officer
National Marine Fisheries United States Coast Guard
Service,NOAA 431 Crawford Street
Pivers Island Portsmouth,Virginia 23704 }
Beaufort,North Carolina 28516
Mr.Ronald J. Mikulak, Chief Without enclosures LJ ®Cps
Wetlands Section—IV ,,VV11
Water Management Division Mr.Doug Huggett
U.S. Environmental Protection Agency Division of Coastal Management
61 Forsyth Street, SW NC Dept of Environment and
Atlanta,Georgia 30303 Natural Resources
151-B, NC Hwy 24
Mr. Pete Benjamin,Field Supervisor Morehead City, North Carolina 28557
Fish and Wildlife Enhancement ii 11
U.S. Fish and Wildlife Enhancement &r
Post Office Box 33726 Vegional Office
Raleigh,North Carolina 27636-3726 Division of eoastal Management
NC Department of Environment,Health
Commanding Officer and Natunal Resources `` ff
United States Coast Guard t J)r:ve Elm
Marine Safety Office M. t/bS
721 Medical Center Drive Suite 100
Wilmington,NC 28401 Mr.David Rackley
National Marine Fisheries Service,NOAA
219 Forth Johnson Road
Gentlemen: Charleston,South Carolina 29412-9110
Pursuant to Action ID No. 198000291,the CAMA-Corps general permit/processing agreement, a
State Field Investigation Report is enclosed. Your comments and/or recommendations would be
appreciated on or before 3--14-0 S
Questions or comments may be addressed to the undersigned, available at telephone
[phone].
Sincerely,
lJ�
� , )'L,
Henry W er, Project Manager
Wilmington Regulatory Field Office
Enclosure
1

F,
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
February 1, 2005
MEMORANDUM:
TO: Fritz Rohde
For Preston P. Pate, Jr., Director EF8 — 8 2 005Division of Marine Fisheries
FROM: Doug Huggett F-HABITA,T
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Queens Point, LLC
Project Location: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe Creek, near
Wilmington, in New Hanover Co.
Proposed Project: The Applicant proposes to excavate a 30 ft. wide by approximately 750 Ft. long access
channel extending from the AIWW to an existing private boat dock. The Applicant also
proposes to excavate a basin around the docking area and to enlarge the existing floating
dock structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 24, 2005. If you have any questions regarding the proposed project, please contact Jim Gregson at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
� This agency approves of the project only if the recommended changes are
.incorporated. C.attaehed.No Inr — �u
This agency objects to the pro�e'cl-for reasons escri ed in the attached comments.
SIGNED , 1- ��� DATE /�-(/0
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., secretary
February 1, 2005 ,3 0.91
MEMORANDUM:
FEB `402005
TO: Dan Sams COAS/ �1OlV OF
For James Simmons
Division of Land Resources
AN'9OEI�jEN�
r�
FROM: Doug Huggett
Major Permits Processing Coordinator I
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Qr3"r-MrrL, C Moreheau Uicy rLJ�lrly�
Project Location: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe Creek, near
Wilmington, in New Hanover Co.
Proposed Project: The Applicant proposes to excavate a 30 ft. wide by approximately 750 Ft. long access
channel extending from the AIWW to an existing private boat dock. The Applicant also
proposes to excavate a basin around the docking area and to enlarge the existing floating
dock structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 24, 2005. If you have any questions regarding the proposed project,please contact Jim Gregson at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached. ((�� t�
Eros;a+►- L '•r G�r.E*s� FILL . •�pp'� . 'I1M 4e fwb,#.( '-a YI"Alsw♦ 4.- �-�s ���Q- •
This agIricy objects to the project for reasons descril in the attac ed comments.
SIGNED45
F2R t., VV1111111giv, North
28 Fe-6 to 2oa5
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., secretary
February 1, 2005
MEMORANDUM: Jason Epley
FE8 1
Division of Conununity Assistance
TO: Fayetteville Regional Office IVl nr(�h�c� City MOM
225 Green Street, Suite 202
Fayetteville,NC 28301
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAN/IA/DREDGE & FILL Permit Application Review
Applicant: Queens Point, LLC
Project Location: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe Creek, near
Wilmington, in New Hanover Co.
Proposed Project: The Applicant proposes to excavate a 30 ft. wide by approximately 750 Ft. long access
channel extending from the AIWW to an existing private boat dock. The Applicant also
proposes to excavate a basin*around the docking area and to enlarge the existing floating
dock structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 24, 2005. If you have any questions regarding the proposed project, please contact Jim Gregson at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This-agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
2 d
SIGNE DATE ✓
�127Cardinal Drive Ext , ilm0g orth Carolina 28405-38 5
Phone: [phone] FAX: 91 -350- l Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G.Ross Jr.,Secretary
February 1, 2005 Ff ��� �� V r�
( s
i
MEMORANDUM: .. 2GO5 _
TO: Joe Henderson
NC Dept. of Administration � E. iC' 41 dFOu
State Property OfficeB 1 12U05 '
FROM: Doug Huggett Wrehea
Major Permits Processing Coordinator a City [ ��
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Queens Point, LLC
Project Location: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe Creek, near
Wilmington, in New Hanover Co.
Proposed Project: The Applicant proposes to excavate a 30 ft. wide by approximately 750 Ft. long access
channel extending from the AIWW to an existing private boat dock. The Applicant also
proposes to excavate a basin around the docking area and to enlarge the existing floating
dock structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 24, 2005. If you have any questions regarding the proposed project, please contact Jim Gregson at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED G•Q
r DATE
127 Zardinal Drive Ext., I ming on, orth Carolina 28 5�
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
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jis@R977%
, 7
Ai4a
FEB 3 2on x
NCDENR MSTOR ,vms9JATk-A OFF"
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S.Jones, Director William G. Ross Jr.,Secretary
February 1, 2005
MEMORANDUM: W05— 0208
TO: Renee Gledhill-Early
NC Dept. of Cultural Resources
Archives & History
Z/20/C S
FROM: Doug Huggett
Major Permits Processing Coordinator D .r
,t
s'
SUBJECT: CAMA/DREDGE & FILL Permit Application Revie MAR 3 2005
Applicant: Queens Point, LLC Morehead City DCM
Project Location: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe Creek, near
Wilmington, in New Hanover Co.
Proposed Project: The Applicant proposes to excavate a 30 ft. wide by approximately 750 Ft. long access
channel extending from the AIWW to an existing private boat dock. The Applicant also
proposes to excavate a basin around the docking area and to enlarge the existing floating
dock structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 24, 2005. If you have any questions regarding the proposed project, please contact Jim Gregson at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
_1
S
SIGNED ., $41orth Carolina 28 -
Phone: [phone] FAX: [phone]ernet: www.nccoastalmanagement.net
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�MOVED
RCDENR MAR 12005
North Carolina Department of Environment and Natural ResourVorehead City DCM
Division of Coastal Management
Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
February 1, 2005
MEMORANDUM: '
► FEB _
TO: Patty Fowler
NCDENR-Division of Environmental Health
Shellfish Sanitation Section SHELLFISH SANITATION
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Queens Point, LLC
Project Location: 2535 Middle Sound Loop Road, adjacent to the AIWW and Howe Creek, near
Wilmington, in New Hanover Co.
Proposed Project: The Applicant proposes to excavate a 30 ft. wide by approximately 750 Ft. long access
channel extending from the AIWW to an existing private boat dock. The Applicant also
proposes to excavate a basin around the docking area and to enlarge the existing floating
dock structure.
Please indicate below your agency's position or viewpoint on the proposed project and return this form by
February 24, 2005. If you have any questions regarding the proposed project, please contact Jim Gregson at
[phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agenc objects to the project for reasons described in the attached comments.
S� Att-----
-t6 1 A-0
G, ��SIGNED � DATE Z-
121 a'S
UardiWlDnve Ext., Wilmington, North Carolina 28405-38,45
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
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NCDENR
North Carolina Department of Environment and Natural Resources
Michael F. Easley, Governor William G. Ross Jr., Secretary
lime it
MEMORANDUM
JUN 2 5 2004
�.pFCOAS�:�.�'�H t►G
TO: Kristie Corson
Division of '/Coastal Management
FROM: Melba McGee
Project Rev ew Coordinator
RE: #1275 EA for Queens Point Dredging Project, Queens Point,
Middle Sound Road, Mouth of Howe Creek in New Hanover County
TE: June 23, 2004
The referenced project has been circulated among our internal
divisions.
The attached comments should be considered prior to finalizing the
environmental document. After you have addressed agency concerns a
memorandum should be provided to me verifying the resolution. These
concerns will need to be resolved and acknowledged in the environmental
document prior to State Clearinghouse review. The Division of Marine
Fisheries responded with a no objection.
Thank you for the opportunity to respond.
Attachments
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: [phone] FAX: [phone] Internet: www.enr.state.nc.us/ENR
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06/21/206 , 1,�:32 2525229736 B WYNNE PAGE 02
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�
North Carolina Wildlife Resources Commission K2
Charles R.Fullwood,Executive Director
MEMO TO: Melba McGee
Office of Legislative and Intergovernmental Affairs
FROM: Bennett Wynne
Habitat Conservation Program
DATE: June 21,2004
SUBJECT: Environmental Assessment (EA) for Queens Point Dredging Project, Queens
Point, Middle Sound Road, mouth of Howe Creek,New Hanover County,North
Carolina. Project Number: 1275.
The North Carolina Wildlife Resources Commission has reviewed the project for impacts
to wildlife and fishery resources. We regret that time constraints delayed our response. Our
comments are provided in accordance with provisions of the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661 et seq_), Section 401 of the Clean Water Act(as
amended), and North Carolina General Statutes(G.S. 113-131 et seq.).
The EA describes a private effort to dredge a 30 ft. wide channel(0.13 acne)through
accumulated shoals between a 2-slip, 40 ft. dock(to be expanded to a 6-slip, 100 ft. dock)and the
AIWW. A channel alignment was chosen that would minimize impacts to intertidal habitat. It has
not yet been decided whether a hydraulic or bucket and barge dredge would be used for the work.
Predominantly sandy spoil would be placed on an existing diked disposal island across the AIWW.
State listed least terns have been observed nesting on this spoil disposal island during past
waterbird surveys. Area waters are classified SA-Outstanding Resource Waters(ORW).
The project would involve dredging a new channel in an ORW. Direct mortality would be
inflicted on ma.crobenthos in the impacted sediments, populations of which would be expected to
be higher during the growing season. A loss of 0.13 acre of intertidal habitat would reduce
shorebird foraging habitat at the mouth of Howe Creek. According to the EA, deposition of
material on the spoil island would be coordinated with the Wildlife Resources Commission if the
work were done during the waterbird nesting season. Any activity,however, may disturb nesting
birds. Based on these concerns,we recommend that work avoid the April 1 to September 30
Mailing Address: Division of Inland Fisheries - 1721 Mail Service Center-Raleigh,NC 27699-1721
Telephone: [phone] ext.281 - Fax: [phone]

09/13/2004 11:26 9104520060 LANDMANAGEMENT PAGE 02/05
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wfil z;mfl oz,Ar$2R407 gKoom 252-1173-31100
Ms.Kristie Corson
NC Division of Coastal Management
2728 Capital Boulevard, Parker-Lincoln Bunding
Raleigh,NC 27604
RE: Queens Point Dredging Project- Environmental Assessment
Response to Agency Comments
Dear Kristie:
Enclosed are copies of correspondences prepared by Land Management Group, Inc.(LMG)in response to
agency comments for the proposed dredging project at Queens Point(New Hanover County INC). I have
provided a response to each of the concerns and/or questions raised by the NC Wildlife Resources
Commission(WRC)and the NC Division of Water Quality(DWQ). As you know, the NC Division of Marine
Fisheries(DMF)responded with a no objection to the project. I confirmed DMF's position of no objection via
a recent phone conversation with Fritz Rohde prior to responding to WRC's and DWQ's comments.
LMG will provide copies of the final EA document for State Clearinghouse Review upon confirmation from
your office. Please feel free to contact me by phone[phone])K you have any questions or would like
to discuss this matter further.
Sincerely,
!+-, «3i
Christian Preziosi
Environmental Scientist
.1:Ir. .I .. rd . .. • i� . i r• r• ,' i� � i s. h .lr. •�-.1:1.

09/13/2004 11:26 9104520060 LANDMANAGEMENT PAGE 04/05
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rp 281103 July 28,2004 2se-117,E-,g1"00
Mr. Bennett Wynne
NC Wildlife Resources Commission
Division of Inland Fisheries
1721 Mall Service Center
Raleigh,NC 27699-1721
RE: Environmental Assessment(EA)for Queens Point Dredging Project -
Prcject No. 1275
Dear Bennett:
Thank you for taking the time to review and comment on the Environmental Assessment for the Queens
Point Dredging Project in New Hanover County,NC. On behalf of the project applicant, I am providing the
following information in response to the comments provided by your office.
Item I: Disturbance to macrobenthos and intertidal habitat
Response: -The applicant has coordinated with the Division of Marine Fisheries(DMF)extensively
regarding the alignment of the proposed channel and the identification of shellfish resources. Based upon
DMF consultation and updated on-site surveys,there is no shellfish resource located within the project area.
Overall,the alignment is intended to avoid much of the intertidal habitat located in the vicinity of the
proposed project. There is a rather large intertidal shoal(approximately 2 acres)located in the immediate
vicinity of the proposed channel and more extensive intertidal habitat beyond this area. In addition,the
intertidal footprint at the mouth of Howe Creek fluctuates widely due to dynamic sedimentation processes.
Therefore,the proposed channel represents a relatively small and temporal disturbance to the area.
Item 2: "...work avoid the April 1 to September 30 period of peak biological activity."
Response: Noted. The applicantwill employ mitigative measures,including avoiding dredging and disposal
activities during the period of peak biological activity(i.e.April 1 to September 30) In an effort to reduce
potential impacts to natural resources(particularly nesting waterbirds)during project construction,

09/13/2004 11:26 9104520060 LANDMANAGEMENT PAGE 05/05
I hope that the information provided above is of assistance for your review of the proposed project. Please
feel free to contact me at(910)452-0001 if you have any additional questions or concerns that need to be
addressed regarding the proposed project design, Thank you for your attention to this matter,
Sincerely,
Land Management Group, Inc.
Christian Preziosi
Environmental Scientist
cc. Kristia Corson,DCM-Raleigh
Jim Gregson, DCM-Wilmington
Henry Wicker,USACE-Wilmington

NCDENR
North Carolina Deoartment of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr.,Secretary
July 8, 2004
Christian Preziosi
Land Management Group.. Inc.
PO Box 2522
Wilmington, NC 28402
Dear Christian:
The NC Department of Environment and Natural Resources has completed the review of
the Environmental Assessment (EA) for Queens Point Dredging Project, New Hanover County.
The comments received are enclosed for your review.
As recommended by Melba McGee, the NC Department of Environment and Natural
Resources' SEPA coordinator, you should address the issues raised by the Wildlife Resources
Commission and Division of Water Quality. Please note that a Finding of No Significant Impact
(FONSI) will not be approved until documentation is provided that these concerns have been
satisfied.
Please feel free to contact me by phone [phone] ext. 247) or e-mail
(lcristie.corson£@ncmail.net) if you have any questions.
Sincerely,
i
Kristie F. Corson
Assistant Permits and Consistency Coordinator
Enclosures
cc: aim Gresson—DCM, )A'ilminaton
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone]\FAX: [phone]\Internet: www.nccoastaimanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

A�A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Acting Director William G. Ross Jr., Secretary
MEMORANDUM
TO: Kristie Corson
Permits Section RECEIVED
FROM: Jim Gregson--I�
District Manager, Wilmington FFB 0 4 2004
DATE: February 2, 2004 Xry•01FCOA �MHMG8ft
SUBJECT: Preliminary Review of Environmental Assessment
Queens Point / Middle Sound Road
New Hanover County
Land Management Group, Inc., on behalf of Queens Point, LLC, has submitted a preliminary Environmental Assessment
(EA) for the proposed Queens Point Dredging Project. After a cursory review the following comments are provided on the proper
format and accuracy of the document.
1) Cover letter should include the following additional information.
A) Name of the responsible state agency
B) Name, address and phone number of the state agency contact person
C) List of other cooperating agencies
2) Proposed project description at Section III. should be moved to beginning of document.
3) Purpose and need for proposed project should be combined in one section. Section I describes the purpose of the
EA, not the purpose of the proposed project.
4) Due the fact that the project would result in direct bottom disturbance, the EA, Section VI(L.) should specifically
describe extent and nature of shellfish resources in the area of the project. This Section should include a
discussion of any shellfish beds and the productivity of those beds.
5) Section VII(L) should include the expected impacts to any shellfish resources.
6) EA should include a typical cross-section of the disposal area. This drawing should show the size and elevations
of dike walls, retaining structures, water control structures, and outfall pipes.
Enclosures
cc: Wilmington Files
Charles Jones
Henry Wicker
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

5wcq�,
RE�EIVED
Al olAw 2522 DEC 10 2003
Wldmay*n,AWA 28402 AVOCOASTALMANAGOW
9d. WO-452-000Y RAUNH
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W.
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Mr. Doug Huggett
NC Division of Coastal Management
2728 Capital Boulevard, Parker-Lincoln Building
Raleigh,NC 27604
RE: Queens Point Dredging Project—Environmental Assessment
Middle Sound Rd.,New Hanover County(NC)
Dear Doug:
On behalf of Queens Point LLC, Land Management Group, Inc. (LMG)has prepared an
Environmental Assessment(EA)for proposed dredging adjacent to an individual pier located at
the subject property(2535 Middle Sound Loop Rd.) in New Hanover County,NC. The primary
objective of the project is to restore boating access from the pier to the Atlantic Intracoastal
Waterway(AIWW). The EA evaluates potential impacts to environmental resources resulting
from proposed project activities.
One copy of the EA is enclosed for your review and comment. An additional copy has been
forwarded to Mr. Jason Dail of the Division's Wilmington office. Additional copies of the EA
will be furnished to your office for the DENR internal divisions review once you have had the
opportunity to review the document.
If you have any questions or comments regarding the enclosed EA,please contact me at(910)
452-0001. Thank you for attention to this project.
Sincerely,
4ill_//4,—
Christian Preziosi
Environmental Scientist
encl.
cc. Jason Dail, DCM—Wilmington

ey' c.
%4din4nytm,.J1'WA%w&na 28402
gel•9YO-452-0009
5 Y..4&d YU&M
SP,�g A'4" . A..'A 0fp.Ad
�! 3805 W1**4&oi&.Rw.nw
�. g �'w�,ninStan,✓1�8 .Y84os
May 27, 2003
TO: Mr. Jason Dail
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
RE: Queens Point, New Hanover County, NC
CAMA Major Permit Application
Dear Mr. Dail:
Enclosed are the certified mail response cards that ensure that all adjacent riparian
property owners have received information regarding the above-referenced project. Please include
these cards with the application material we submitted to your office earlier this month.
If you have any questions regarding the application or need any other information, please
do not hesitate to contact Christian Preziosi or me. Thank you for your assistance with this
project.
Sincerely, r J
Kim Williams ;
Wetland Scientist
Ft B 0 72 U u5 h1AY 2 0 2003
Morehead C i�� COASDIVIS10�4 OF
AL MANAGEMENT

Y,and,Amqy�� 5wmA, Jnc-
W0ftdU&a171&
3d'. 910-452-0001
9W&94
A..,A 6f�Ad
99tPY6A..iaai. 3805 W1*0&tle.WiWnW
�utinet 'mod mingtm,.ibFB 28403
May 15, 2003
TO: Mr. Jason Dail
Division of Coastal Management
127 Cardinal Dr. Ext.
Wilmington, NC 28405
RE: Queens Point Project
CAMA Major Permit Application
Dear Mr. Dail:
On behalf of Queens Point LLC, I am submitting a CAMA Major Permit Application for
maintenance dredging of a channel and upgrading an existing boat dock. This lot is located off of
Middle Sound Loop Road in Wilmington(New Hanover County), NC. Enclosed are the
pertinent application forms (DCM MP-1, 2, and 4), vicinity maps, plan view, and other
information necessary for a complete application package. In addition, a brief narrative
describing the proposed activities, site conditions, and project objective is provided.
Adjacent riparian landowners are being forwarded a copy of this application with
notification/waiver forms via certified mail. Once received, the associated `green-card' receipts
will be forwarded to your office. If you have any questions or require additional information
concerning site conditions or site plans, please do not hesitate to contact me at [phone].
Thank you for your attention to this project.
S' cerely,
Christian fsi
Wetland Scientist FE 3 0 7 2005 _ � r4l
i)
Encl. 1`'1) NA Y 19 26g3 �
Cc: Mr. Ligon Flynn CC, 011, E
a1ti 'o'qCg_
1WQNT

• i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
February 1, 2005
FAX: [phone]
2 Pages
Star News
Diane Blake
FEB 0 7 2005
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402 Morehead City DCM
Re: Public Notice - Queens Point, LLC 6
Dear Ms. Blake:
Please publish the attached Notice in the February �, 2005, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to payment
for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original
invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina
27699-1638. The phone number is 919-733-2293. Please send a copy of the affidavit only to Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405,
910-395-3900.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely4Mana
7 everly
Coastalnt dmin. Assistant
Enclosure
cc: File Copy
Doug Huggett
Ted Tyndall
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on January 31, 2005.
According to said application, Queens Point, LLC, proposes to excavate a 30 feet wide by
approximately 750 feet long access channel extending from the AIWW to an existing private boat
dock. The Applicant also proposes to excavate a basin around the docking area and to enlarge the
existing floating dock structure, located at 2535 Middle Sound Loop Road, adjacent to the Atlantic
Intracoastal Waterway and Howe Creek, near Wilmington, in New Hanover County.
A copy of the entire application may be examined or copied at the office of Jim Gregson at
N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron
Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to February 2-, 2005, will be
considered in making the permit decision. Later comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review and comment by the
public and state and federal agencies. Notice of the permit decision in this matter will be provided
upon written request. ,
FEB 0 7 2005
Morehead City DOW1
wi !

R
AGa
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
January 31, 2005
Queens Point, LLC
c/o Land Management Group, Inc.
(attn. Steve Morrison)
Post Office Box 2522
Wilmington, North Carolina 28402
Dear Sirs:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development
of your property located at 2535 Middle Sound Loop Road, adjacent to the Atlantic Intracoastal Waterway and Howe Creek near
Wilmington, NC, in New Hanover County. To comply with the requirements of the North Carolina Environmental Policy Act
(NCEPA), an environmental document was prepared for the project and reviewed by NCDENR. A Finding of No Significant
Impact(FONSI) was issued by the Division of Coastal Management on October 15, 2004. The State Clearinghouse review of the
project was completed on November 19, 2004. The CAMA Major Permit Application was received as complete on January 31,
2005, and appears to be adequate for processing at this time. The projected deadline for making a decision is April 16, 2005. An
additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been
notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or
about the 75th day.
If this agency does not render a permit decision within 70 days from January 31, 2005, you may request a meeting with the
Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held
within five working days from the receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed
you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should
post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:
Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road
right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete
application.
A field report has been prepared and is in the process of being circulated to the various state and federal review agencies
for their comments. If additional information is required based on this review, the agencies may contact you directly.
Sincerely,
yJiGregso
ict Manager
cc: Doug Huggett, DCM
Ted Tyndall, DCM
Jim Gregson, DCM
Debra Wilson, LPO
Henry Wicker, COE
127 Cardinal Drive Extension,Wilmington,North Carolina 28405-3845
Phone:[phone]\Fax:[phone]\Internet:http://www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

r+� r
-71
CAMA ERIAIT
APPI I F
PROJECT: k ��ft s� �('1.6 :46s
7 • el y
COMMENTS ACCEPTED THROUGH c 4 .20d.s'
APPLICANT: FOR MORE DETAILS CONTACT
Q p- THE LOCAL PERMIT OFFICER BELOW:
Ak bov &F 6&4&1
C/a L ar 1 M�arw,r - G '— /Z7 CAW/:#41A4 lam.
t o. /law, 2n4w s

cOMPLETA&THIS SECTION • • ON DELIVERY
■ Complete iter,is 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery
item 4 if Restricted Delivery is desired. /���
■ Print your name and address on the reverse
so that we can return the card to you. C. Sign re
■ Attach this card to the back of the mailpiece, X ❑Agent
or on the front if space permits. ❑Addressee
1. Article Addressed to:
D.Ts deliv a dress di Brent from item 1? ❑Yes
If YES,enter delivery address below: ❑ No
Mrs. Caroline Baldwin
2519 Middle Sound Loop Rd.
Wilmington, NC 28405 3. SS ice Type
YLd Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
7001 2510 0009 1774 7078
1
PS Form 3811 July 1999 Domestic Return Receipt 102595.00-M-0952
MAC 1� 2p(�3
�� p\v\S\DNA �MENT
CJO
I, SENDER: COMPLETE THIS SECTION
■ Complete items 1,2,and 3.Also complete A. R ivad by(PI e se Print Clearly) B. Date of Delivery
it:m 4 if Restricted Delivery is desired. 61 ` fir,
' ■ Print your name and address on the reverse C. Signature
so that we can return the card to you. ❑Agent
■ Attach this card to the back of the mailpiece, ❑Addressee
on the front if space permits. s
or
D. Is delivery address different from' m Ye
1. Article Addressed to: If YES,enter delivery address low: ❑No
Mr. Archer Wainwright
2565 Middle Sound Loop Rd.
Wilmington,NC 28405 3. SeS Ice Type
Ed Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
7001 2510 0009 1774 7092
PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952
Morehead City L "

Recommendations for State Permit- W. Merriman 5/23/03
The proposed boatlift does not exceed the CAMA regulatory allowance for boatlift square footage for a lot this
size. The proposed boatlift would provide docking space for one additional boat, bringing the total number of
available slips up to three (3). I have no objections to the proposed project. Any permit issued should include
the following conditions:
1. This permit authorizes only the docks,piers, and other structures and uses located in or over the water
that are expressly and specifically set forth in the permit application. No other structures, whether
floating or stationary, may become a permanent part of the structure without permit modification. No
non-water dependent uses of structures may be conducted on, in, or over public trust waters without
permit modification.
2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
3. The authorized structure and associated activity must not cause an unacceptable interference with
navigation and shall not exceed the established pierhead line.
4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the
U.S. Coast Guard, through regulations or otherwise, on authorized facilities.
5. In order to protect water quality, runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
6. This permit does not authorize the interference with any existing or proposed Federal project, and, the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public `
interest.
7. The permittee will maintain the authorized work in good condition and i conformance with the terms
and conditions of this permit. The permittee is not relieved of this require if he abandons the
project without having the permit transferred to a third-party.

FOR RREBSTRATCCA TON REGISTER OF DEEDS
NEW HANOVER COUNTYIANC
yyy 2001 JAN 04 12:19:17 PM
BK:2NCIREVENUE STRMPEE:$12.000 n
Tax ID No. R05200-002-012-001 -INSTRUMENT # 2001000399
^� R05200-002-013-000
This instrument drafted by: Hogue, Hill, Jones,Nash&Lynch, L.L.P.
After recording,mail to: 300 North Greene Street, Ste. 2050, Greensboro 2 ,401.'
STATE OF NORTH CAROLINA F F 9 0 7 2005
DEED
COUNTY OF NEW HANOVER DUA
This deed made this
day of December, 2000 by Pauline Mebane Endo and husband
Shun Endo of Franklin County, State of Ohio ("Grantors")to Queens Point, LLC, a North
Carolina Limited Liability Company("Grantee"); with an address of: 300 North Greene Street,
Suite 2050, Greensboro,NC 27401.
WITNESSETH
That the said Grantors, in consideration of one hundred dollars and other good and
valuable consideration to them in hand paid by the said Grantee, the receipt of which is hereby
acknowledged,have bargained and sold and by these presents do bargain, sell and convey unto
said Grantee and, its successors and assigns, a tract or a parcel of land in the County of New
Hanover, and State of North Carolina, in Harnett Township, and described as follows,namely:
Tract 1: BEGINNING at a point in the centerline of a paved drive, South 87 deg. 18 min
West 81.7 feet, South 42 deg. 13 min. East 143.7 feet, South 12 deg. 40 min. East 176.8 feet,
South 45 deg. 57 min. East 233.2 feet and South 23 deg. 48 min. East 339.05 feet from a nail at
the intersection of the centerline of the Middle Sound Loop Road(S. R. 1403),with the
centerline of a 15-inch concrete culvert under said road, said culvert being 2.2 miles
southeastwardly from the intersection of said Middle Sound Loop Road with U. S.Highway 17
at Ogden Place; running thence from said beginning point, South 46 deg. 38 min. West 316.85
feet to a concrete monument; continuing thence same course South 46 deg. 38 min. West 50.2
feet, more or less,to the high water mark of Barren Inlet Creek; running thence with the high
water mark of Barren Inlet Creek, and with the high water mark of Middle Sound,
Southeastwardly and Northeastwardly to a point South 81 deg. 41 min. West 130.76 feet from an
iron pipe in the run of Spring Branch, said point being South 63 deg. 32 min. East 228.43 feet
from the beginning point of this herein described tract of land, said iron pipe marking the
southeastern corner of Tract#2, as shown on the map of Queens Point, as recorded in Map Book
2 at Page 77, of the New Hanover County Registry; running thence Northwestwardly up said
Spring Branch 300 feet,more or less, to a point bearing North 46 deg. 38 min. East from the
beginning point of this herein described tract of land; running thence South 46 deg. 38 min.
West 15 feet,more or less, to a concrete monument; continuing thence the same course South 46
deg. 38 min. West 46.43 feet more or less, to the point of Beginning, containing 3.2 acge�� �7
or less, and being a part of the eastern portion of Tract#1, Queens Point Subdivision,,am r= 1L J
in Map Book 2, at Page 77 of the New Hanover County Registry.
MAY 19 ZCOJ3
DIVISION OF
COASTAL tAANAGEM
RETl1RNED To

This is the very same property conveyed by Pauline E. Mebane , Widow to Pauline M.
Endo by deed dated April 1, 1978 and recorded in Deed Book 1128, Page 1249 of the New
Hanover County Registry of Deeds.
Tract II: All right, title and interest of the Grantor in and to all highland and marsh lying
below the high water line of Barren Inlet Creek and Middle Sound lying westerly of the right of
way of the U. S. Intracoastal Waterway and North of the run of Barren Inlet Creek and
appurtenant to and adjoining that Tract conveyed by the Grantor to Pauline M. Endo by deed
recorded in Book 1128 at Page 1249 of the New Hanover County Registry and bounded on the
North by an extension of the Grantee's present Northwestern boundary line to the run of Barren
Inlet Creek.
This is the very same property conveyed by Pauline E. Mebane to Pauline Mebane Endo
by deed dated January 21, 1987 and recorded in Deed Book 1367, Page 0343 of the New
Hanover County Registry of Deeds.
To have and to hold the aforesaid tracts of parcels of land and all privileges and
appurtenances thereunto belonging to the said Grantee and its successors and assigns forever.
Pauline Mebane Endo one of the Grantors doth covenant that she is seized of said
premises in fee and has the right to convey the same in fee simple; that the same are free from
encumbrances, and that she will warrant and defend the said title to the same against the claims
of all persons whomsoever, except for the following:
1. The lien of 2001 real property ad valorem taxes due to the County of New
Hanover;
2. Title to any portion of the above described tract that lies below the high water line
of any waters that ebb and flow with the rise and fall of the tides.
3. Any matters that would be revealed by an accurate survey of the property by a
registered land surveyor;
4. All County, State and Federal laws, regulations and ordinances affecting the use,
development and enjoyment of the property.
5. Any rights of way and easements recorded in the New Hanover County Registry
that may cross portions of the above described tracts.
In Testimony Whereof, the sai4 Grantors have hereunto set their hand and seal, on the
day and year first above written. _
V JID
FEB 0 7 2005
MAY 1 0�
` 9 2►v3
Morehead City 0CM �
i3l4slSlO"I OF
COASTAL K/iANAGEMENT

FOR REGISTRATION REGISTER OF DEEDS
REBECCA T. CHRISTIAN
NEW HANOVER COUNTY, NC
2001 JAN 04 12:19:17 PM
0 BK:2861 PG:983-989 FEE:$18.00
NC REVENUE STAMP:43,720.00
r�O Tax ID No. R05200-002-012-000 INSTRUMENT A 2001000397
R05200-002-014-000
C R05200-002-015-000 �
This instrument drafted by: Hogue, Hill, Jones,Nash &Lynch, L.L.P-
After recording, mail to: 300 North Greene Street, Ste. 2050, Greens 'o,NC�77491
STATE OF NORTH CAROLINA FEB 0 7 2005
DEED
COUNTY OF NEW HANOVER more'head City DCM
This deed made this �ay of December, 2000 by Pauline Mebane Endo and Husband
Shun Endo of Franklin County, State of Ohio, Roxana Mebane Atwood and Husband James E.
Atwood of Fairfax County, State of Virginia, and W. Carter Mebane, III and Wife Joan H.
Mebane of New Hanover County, State of North Carolina("Grantors")to Queens Point, LLC, a
North Carolina Limited Liability Company("Grantee"); with an address of: 300 North Greene
Street, Suite 2050, Greensboro,NC 27401.
WITNESSETH
That the said Grantors, in consideration of one hundred dollars and other good and
valuable consideration to them in hand paid by the said Grantee, the receipt of which is hereby
acknowledged,have bargained and sold and by these presents do bargain, sell and convey unto
said Grantee and, its successors and assigns, the following tracts or parcels of land in the County
of New Hanover, and State of North Carolina,in Harnett Township, and described as follows,
namely:
Tract 1: BEGINNING at a stone on low water mark of Barren Inlet Creek on the
Northeast side thereof, and runs thence North 36 degrees 35 minutes East 647 feet to an iron pipe
in the center of the run of Spring Branch, said iron pipe being the Northeast corner of Lot#1 of
Queen's Point Subdivision as recorded in Map Book 2, at Page 77, of the Records of New
Hanover County, and said iron pipe also being South 45 degrees 37 minutes East 39.3 feet from a
spike marking the center of a culvert carrying the aforesaid Spring Branch and the center of the
present Southern branch of the paved Middle Sound Loop Road, and said spike in the center of
said culvert being 2.2 miles from the intersection of the aforesaid Middle Sound Road with U.S.
Highway#17 at Ogden Place; and running thence down the run of said Spring Branch as follows:
South 25 degrees 30 minutes East 220 feet; South 52 degrees 30 minutes East 190 feet; South 26
degrees 15 minutes East 350 feet; thence South 55 degrees East 190 feet to a stone at low water
mark in the Sound; thence with the low water mark in the Sound South 26 degrees 30 minutes
West 530 feet to a stone at low water mark at the point where the waters of Barren Inlet Creek
enter the Sound; thence with the low water mark of said Creek on the Northeast side thereof as
follows: North 54 degrees 45 minutes West 144 feet; North 35 degrees 15 minutes West 310 feet;
North 44 degrees West 235 feet; thence North 51 degrees 45 minutes West 315 feet to the point
of beginning, containing 11.30 acres,more or less, and being Tract#1 of Queen's P-oint-gy i \ )
as recorded in Map Book 2, Page 77, of the Records of New Hanover County. Bing To 1 u la
of the property conveyed by deed dated 291 of November, 1949, and recorde i. -Book 439 at
Page 579, in the Registry of New Hanover County,North Carolina. MAY 19 2C53 1L
DIVISION OF
RETURNED TO COASTAL MANAGEMENT

FOR REGISTRATION REGISTER OF DEEDS
NEWHANA T. COUNTY,RN
NEW HRNOVER COUNTY, NC
2001 JAN 04 12:19:17 PM
any B�gK=2NCIREVENUE SBTAMPE$3,720©00
n07 Tax ID No. R05200-002-012-000INSTRUMENT it 2001000397 '
R05200-002-014-000
R05200-002-015-000 rfiy,
This instrument drafted by: Hogue, Hill, Jones,Nash &Lynch, L.L.P.
After recording,mail to: 300 North Greene Street, Ste. 2050, Greensboro, C 27401
STATE OF NORTH CAROLINA k 3 Q "I 2005
COUNTY OF NEW HANOVER DEED MorunwadCity DCM
This deed made this clay of December, 2000 by Paulinq-'Mebane Endo and Husband
Shun Endo of Franklin County, State of Ohio,Roxana Mebane Atwood and Husband James E.
Atwood of Fairfax County, State of Virginia, and W. Carter Mebane,III and Wife Joan H.
Mebane of New Hanover County, State of North Carolina("Grantors")to Queens Point,LLC, a
North Carolina Limited Liability Company("Grantee"); with an address of: 300 North Greene
Street, Suite 2050, Greensboro,NC 27401.
WITNESSETH
That the said Grantors, in consideration of one hundred dollars and other good and
valuable consideration to them in hand paid by the said Grantee, the receipt of which is hereby
acknowledged,have bargained and sold and by these presents do bargain, sell and convey unto
said Grantee and, its successors and assigns, the following tracts or parcels of land in the County
of New Hanover, and State of North Carolina, in Harnett Township, and described as follows,
namely:
Tract 1: BEGINNING at a stone on low water mark of Barren Inlet Creek on the
Northeast side thereof, and runs thence North 36 degrees 35 minutes East 647 feet to an iron pipe
in the center of the run of Spring Branch, said iron pipe being the Northeast corner of Lot#1 of
Queen's Point Subdivision as recorded in Map Book 2, at Page 77, of the Records of New
Hanover County, and said iron pipe also being South 45 degrees 37 minutes East 39.3 feet from a
spike marking the center of a culvert carrying the aforesaid Spring Branch and the center of the
present Southern branch of the paved Middle Sound Loop Road, and said spike in the center of
said culvert being 2.2 miles from the intersection of the aforesaid Middle Sound Road with U.S.
Highway#17 at Ogden Place; and running thence down the run of said Spring Branch as follows:
South 25 degrees 30 minutes East 220 feet; South 52 degrees 30 minutes East 190 feet; South 26
degrees 15 minutes East 350 feet;thence South 55 degrees East 190 feet to a stone at low water
mark in the Sound; thence with the low water mark in the Sound South 26 degrees 30 minutes
West 530 feet to a stone at low water mark at the point where the waters of Barren Inlet Creek
enter the Sound; thence with the low water mark of said Creek on the Northeast side thereof as
follows: North 54 degrees 45 minutes West 144 feet;North 35 degrees 15 minutes West 310 feet;
North 44 degrees West 235 feet; thence North 51 degrees 45 minutes West 315 feet to the point
of beginning, containing 11.30 acres,more or less, and being Tract#1 of Queen's Point Division,
as recorded in Map Book 2, Page 77, of the Records of New Hanover County. Being.TractN 1�\��.
of the property conveyed by deed dated 29`I'of November, 1949, and recorded,in Book 439 �1 J1 V 11�" I �
Page 579, in the Registry of New Hanover County,North Carolina. f
ti"AY 1
RETURNED TO [.� :+�.+ a�.��" DIVISIDi4 OF
-�
COASTAL MANAGEMENT

Tract II: BEING all of Parcel A as shown on a map or survey by Brunswick Surveying,
Inc., dated December 16, 1991 entitled Plat or Survey for Carter Mebane recorded in Map Book
32 at Page 137 of the New Hanover County Registry, said tract being bounded and described as
follows:
Commencing at a P. K.Nail in the centerline of S.R. 1403, Middle Sound Loop Road, said P. K.
Nail being located 1.6 miles in a southeasterly direction from the intersection of S.R. 1403 and
S.R. 1402; thence one course:
(1) South 05 degrees 57 minutes 52 seconds West 30.06 feet to a re-bar on the southern
right-of-way line of S.R. 1403, the point of beginning; thence with the southern right-of-way line
of S.R. 1403,three courses:
(1) South 87 degrees 34 minutes 19 seconds East 37.53 feet to a point;
(2)North 86 degrees 41 minutes 34 seconds East 17.93 feet to a point;
(3)North 83 degrees 17 minutes 14 seconds East 57.15 feet to a 2" iron pipe in the
property line between Tract 1, W. C. Mebane, Jr. and Pauline E. Mebane, (Map Book 2,Page
77), and Tract 9, Richard B. Gwathmey, Jr., (Map Book 2,Page 77), said iron pipe being located
South 44 degrees 32 minutes 03 seconds East 39.12 feet from a P. K.Nail at the centerline
intersection of S.R. 1403 and a 24" reinforced concrete culvert in the run of Spring Branch;
thence along said property line between Tracts 1 and 9, one course:
(1) South 38 degrees 25 minutes 48 seconds West 80.50 feet to a re-bar; thence one
course:
(1)North 47 degrees 29 minutes 22 seconds West 84.26 feet to the point of beginning and
containing 3148.74 square feet.
The above described tract is a portion of Tract 9 as shown on a Map of Queen's Point recorded in
Map Book 2 at Page 77 of the New Hanover County Registry.
Subject to an easement reserved in a deed to the Grantor by Richard Barbee Gwathmey, Jr., et
ux, in Book 1590 at Page 1571 of the New Hanover County Registry.
Tract III: BEGINNING at a stone at the low water mark of Middle Sound, said stone
marking the northeastern comer of Tract No. 1 of Queens Point Subdivision, as recorded in Map
Book 2 at Page 77 of the New Hanover County Registry; running thence from said beginning
point South 42 degrees 55 minutes East 300 feet,more or less,to the western right of way line of
the Intracoastal Waterway; running thence Southwardly with the western line of said Intracoastal
Waterway 500 feet, more or less, to a point bearing South 42 degrees 55 minutes East from a
stone in the low water mark of the western edge of Middle Sound, said stone marking the
Southeastern corner of the aforementioned Tract No. 1 of Queens Point Subdivision; running
thence North 42 degrees 5 minutes West 300 feet,more or less,tolhe stone marking the
aforementioned Southeastn corner;running thence with the low water mark of the Western
edge of Middle Sound Northeasty rdi-p560-fi�er,-thore or less, to the point of beginning.
x-,/-- --- -- ---, ,A, `�� C EVE
to 1�1 J, E 11�1
FEB 0 7 2005III MAY 19 2C33
Morehead City DCM EV DivisioN OF
COASTAL MANAGEMENT
r
15

Tract IV: BEGINNING at a concrete monument near low water mark on Middle Sound
on Queen's Point on the Estate lands of R. A.Brand it being the 5'corner of a tract or marshland
conveyed by the State Board of Education to J. F. Roache by deed dated April 261, 1926, of
record in New Hanover County in Book 173 at Page 309 and running thence South 4 degrees 15
minutes East Eight Hundred and Fifteen(815) feet to an iron pipe the 5'corner of a tract of
marshland conveyed by the State Board of Education to S. W. Walters by deed dated October 11,
1930,of record in New Hanover County in Book 209 at Page 530;thence with the 5'line of said
Walters tract North 38 degrees 05 minutes West One Thousand,Five Hundred and Seventy-five
(1,575) feet to a stake in said Walters line a corner of a tract of land conveyed by the State Board
of Education to M. L. Plowden by deed dated September 19, 1932; thence with the line of the
said Plowden tract North 36 degrees 35 minutes East Three Hundred and Fifty (350) feet to an
iron pipe, the said M. L. Plowden's corner at high water mark; thence with the high water mark
with the various courses thereof South 43 degrees 45 minutes East Nine Hundred and Ninety-
four(994) feet to the Beginning.
Containing 12 acres of marshland, the location of which will more fully appear by
reference to a plat attached to a prior instrument and a map designated number 63 recorded in
plat book number 1 in the office of the State Superintendent of Public Instruction. Being the
same porperty deeded by Albert C. Wessell to Kirby C. Sidbury.
THE FOLLOWING DESCRIBED TRACTS ARE HEREBY EXCLUDED AND
EXCEPTED FROM THIS CONVEYANCE:
Tract I: BEGINNING at a point in the centerline of a paved drive, South 87 deg. 18
min. West 81.7 feet, South 42 deg. 13 min. East 143.7 feet, South 12 deg. 40 min. East 176.8
feet, South 45 deg. 57 min. East 233.2 feet and South 23 deg. 48 min. East 339.05 feet from a
nail at the intersection of the centerline of the Middle Sound Loop Road(S. R. 1403),with the
centerline of a 15-inch concrete culvert under said road, said culvert being 2.2 miles
southeastwardly from the intersection of said Middle Sound Loop Road with U. S. Highway 17
at Ogden Place, running thence from said beginning point, South 46 deg. 38 min. West 316.85
feet to a concrete monument; continuing thence same course South 46 deg. 38 min. West 50.2
feet, more or less, to the high water mark of Barren Inlet Creek; running thence with the high
water mark of Barren Inlet Creek, and with the high water mark of Middle Sound,
Southeastwardly and Northeastwardly to a point South 81 deg. 41 min. West 130.76 feet from an
iron pipe in the run of Spring Branch, said point being South 62 deg. 32 min. East 228.43 feet
from the beginning point of this herein described tract of land, said iron pipe marking the
southeastern corner of Tract#2, as shown on the map of Queens Point, as recorded in Map Book
2 at Page 77, of the New Hanover County Registry;running thence Northwestwardly up said
Spring Branch 300 feet, more or less, to a point bearing North 46 deg. 38 min. East from the
beginning point of this herein described tract of land; running thence South 46 deg. 38 min. West
15 feet,more or less, to a concrete monument; continuing thence the same course South 46 deg.
38 nun. West 46.43 feet more or less to the point of BEGINNING, containing .2 acres, mom, �1
G ENE
less, and being apart of the eastern portion of Tract# , Queens PoinfSubdivision;'a recoTd�
Map Book 2, at Page 77 of the New Hanover County egistry—
MAY 19 20-3
FEB 0 7 2005 e �'1.�
DIVISION OF
Morohon ad U4 ;� ` ,� .0,�S„At iv'i AN:qG EM
�,w

This is the very same property conveyed by Pauline E. Mebane, Widow to Pauline M.
Endo by deed dated April 1, 1978 and recorded in Deed Book 1128,Page 1249 of the New
Hanover County Register of Deeds.
Tract II: ALL right, title and interest of the Grantor in and to all highland and marsh
lying below the high water line of Barren Inlet Creek and Middle Sound lying westerly of the
right of way of the U. S. Intracoastal Waterway and North of the run of Barren Inlet Creek and
appurtenant to and adjoining that Tract conveyed by the Grantor to Pauline M, Endo by deed
recorded in Book 1128 at Page 1249 of the New Hanover County Registry and bounded on the
North by an extension of the Grantee's present Northwestern boundary line to the run of Barren
Inlet Creek.
This is the very same tract of land conveyed to the Pauline Mebane Endo by Pauline E.
Mebane, Widow by deed dated December 29, 1992 and recorded on December 31, 1992 in Deed
Book 1638,Page 1167 of the New Hanover County Registry.
To have and to hold the aforesaid tracts of parcels of land and all privileges and
appurtenances thereunto belonging thereto to said Grantee and its successors and assigns forever.
Pauline Mebane Endo, Roxana Mebane Atwood and W. Carter Mebane,III doth covenant
that they are seized of said premises in fee and have the right to convey the same in fee simple;
that the same are free from encumbrances, and that they will warrant and defend the said title to
the same against the claims of all persons whomsoever, except for the following:
1. The lien of 2001 real property ad valorem taxes due to the County of New
Hanover;
2. Title to any portion of the above described tracts that lies below the high water
line of any waters that ebb and flow with the rise and fall of the tides;
3. Any matters that would be revealed by an accurate survey of the property by a
registered land surveyor;
4. All County, State and Federal laws,regulations and ordinances affecting the use,
development and enjoyment of the property.
5. Any rights of way and easements recorded in the New Hanover County Registry
that may cross poi 'ons of the above described tracts.
a
In Testimony Whereof, the said 4nors have fiTereililtlieir hand and seal, on the
day and year first above written.
- FEB 0 7 2005 71D >.I VTIN n
Morehead DZY OCA MAY 19 2CS3
1
DIVISIONj of
s COASTAL iviANAGEMENT

(SEAL)
Pauline Mebane Endo
117
(SEAL)
S un Endo
a6c,c ALL., aXttr� (SEAL)
Roxana Mebane Atwood
(SEAL)
Yft�nes E. Atwood
4,'
(SEAL)
W. Carter Mebane, III
(SEAL)
H. Mebane
FEB 0 7 N05
Nicer c::i uad City Dcm
MAY 19 K33
DIVISION OF
COASTAL MANAGEMENT

T
STATE OF OHIO
COUNTY OF FRANKLIN
I, a Notary Public of the County and State aforesaid, certify that Pauline Mebane Endo
and Husband Shun Endo, Grantors personally appeared before me this day and acknowledged the
execution of the foregoing instrument. Witness my hand and official stamp or seal thisay
of • , 2000.
J J. Little ,,nf
No br —
4- 5 �
h
My Commission Expires: t�x+s ' �
!4•T t kki J'rFf' s Je:;
(SEAL)
STATE OF VIRGINIA
COUNTY OF FAIRFAX ,.'
I, a Notary Public of the County and Staterj&f said, certify that Roxana Mebane Atwood
and Husband James E. Atwood, Grantors personally appeared before me this day and
acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or
���.►` ig
day of
•• V
Notary Public
n Expires: gyp\ t r r
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ar �>.r/ '+kit.... •',��y� • � '� `":J P�,;
`�i.�:++wj.„Ill tf r rr111N\�`�•�.
FEB 0 7 2005
STATE OF NORTH CAROLINA Morehead City DCM
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that W. Carter Mebane,III
and Wife Joan H. Mebane, Grantors personally appeared before me this day and acknowled ed
the exe tion of the foregoing instrument. Witness my hand and official stamp or seal this
day of t , 2000.
4u�
,
e - , r P,r713�".iOry Public
My Commission Expires: �- �`�"• " ' f ! -�` d• ~�Os°?
l i �•
(SEAL) FEB 0 7 7005
Morehead City 1.1° 19cc
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