111-05 Minor Mod. 05/2007

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Permit Class Permit Number
MODIFICATION MI NOR 111-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
�rr�it
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X 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 letter dated 9/14/06, including the
attached workplan drawings (5), all dated "received Morehead City 2/7/05".
This permit, issued on May 10,2007 , 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.
Excavation
1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
April 1 and Sept. 30 of any year without the prior approval of the Division of Coastal Management, in
consultation with the Division of Marine Fisheries.
2) Unless specifically altered herein, the dimensions of the area to be dredged shall not exceed that
expressly and specifically set forth in the attached workplan drawings. Any proposal to change the area
to be dredged shall require permit modification.
3) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(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 shall be accessible on-site to Department personnel when the project is inspected for compliance.
Charles S. Jones, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work shall cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
E
your project is consistent with the North Carolina Coastal
agement Program. Signature of Perm'

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Queens Point, LLC Permit# 111-05 NP
Page 2 of 3
ADDITIONAL CONDITIONS
4) No excavation shall take place within 10 feet of any coastal wetlands.
5) No vegetated wetlands shall be excavated or filled.
6) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not
authorized.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
Shellfishing Closure
7) 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 f shellfish may be put in place.
Spoil Disposal
8) All excavated materials shall be confined to the area on the attached workplan drawing behind adequate
dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters.
9) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low water level to prevent gully erosion and unnecessary siltation.
10) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
11) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
12) The diked disposal area shall be constructed a sufficient distance from the mean high water level or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
13) The disposal area and all disturbed areas shall be properly graded and provided a ground cover sufficient
to restrain erosion within 30 working days of project completion.
Mitigative Commitments
PAny mitigative measures or environmental commitments specifically made by the applicant in the
vironmental Assessment for this project shall be implemented, regardless of whether or not such
mmitments are addressed by individual conditions of the modification and any subsequent
difications.

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.� Queens Point, LLC Permit# 111-05
Page 3 of 3
General
15) This modification shall be attached to the original of Permit No. 111-05, which was issued on 6/28/05,
and copies of all documents shall be readily available on site when Division personnel inspect the
project for compliance.
16) All conditions and stipulations of the active permit remain in force under this minor modification, unless
altered herein.
NOTE: This modification 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 additional 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
project initiation.

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 10, 2007
Queens Point LLC
Suite 2050, 300 N. Green Street
Greensboro,N.C. 27401
Dear Sirs:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the Xerox stamped "Copy". Return the copy to this office in the enclosed envelope. Signing
the permit and proceeding means you have waived your right of appeal described below. Please retain the original
(buff-colored form), as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter.150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time, Department personnel will visit the project site.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, 1r c
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue, Morehead City, NC 28557
Phone: [phone]\FAX: [phone]\Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Permit# III— 0
DCM Coordinator:
7 MAILING DISTRIBUTION: �/L 40 1
I
Permitec: (/_�� 5 RVI a f Sf4,�_)Ka -300 Ali &'PA S`�- 6�wS��� r
Agent: _
DCM Field Offices;
orehead Cit
Naston'
ton
US Aro Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy
Others:
Cultural Resources: Renee Gledhill-Early
Public Water Supply: Debra Benoy(W1RO)
Fred Hill(WARD)
Marine Fisheries: Mike Street
NCDOT: Ken Pace
Shellfish Sanitation: . Patty Fowler ,
Stat rtv mmy Cline
Ater Quality: Cyndi Karoly(for non-DOT '
o m ennessy CDOT)
Wildlife Resources: Maria Tripp
Steve Everhart
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
Permitec at /
Agent at .SLG nl'lt j O- 01 - 051 1)
DCM Field Offices:
Elizabeth City(252-264-3723)
Morehead City(252-247-3330)
Washington(252-943-0473)
Wilmington(910-350-2004)
US Army Corps of Engineers(USACE):
Washington: Mike Ball(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252-975-1399)
Wilmington: Dave Timpy(910-2514025)
CAALA Major Permit Process Manual Page 70 of 76

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
..r P.O.BOX 1890
WILMINGTON,NORTH CAROLINA28402-1890 ,.....,
IN REPLY REFER TO t
September 5, 2007 41 'Regulatory Division S E P 1 0 2001
Action ID No. 200500435 and State Permit No. 111-05 Morehe u "'Iv,
Queens Point, LLC
c/o Land Management Group, Inc.
Attn: Steve Morrison
P O Box 2522
Wilmington NC 28.402
Dear Mr. Morrison
Through coordination with the North Carolina Division of Coastal Management,
we have learned of your request to modify your Department of the Army(DA)permit issued on
June 28, 2005, which authorized the excavation of 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 requested modification consists of re-designation of the disposal
area for the material excavated for the approved navigational channel. The new site would be
located directly across the AIWW from the project site and outside of Corps of Engineers right-
of-way.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 1980000291. It is understood that all other conditions of your permit remain
applicable and that the expiration date is December 31, 2009.
If you have any questions or comments you may call me at(910) 251-4634.
Sincerely,
oft I ni�
Dave Timpy, Project Manager
Wilmington Regulatory Field Office
Enclosure

-2-
Copies Furnished: (without enclosure)
Chief, Source Data Unit
NOAA/National Ocean Survey
ATTN: Sharon Tear N/CS261
1315 East-West Hwy.,Rm. 7316
Silver Spring, MD 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
200 Commerce Avenue
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

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson,Director William G. Ross Jr., Secretary
July 31, 2007
Rn
Queens Point,LLC �Y
C/o Land Management Group,Inc.
Attn.: Steve Morrison A U G 7 20 7
P.O. Box 2522
Wilmington,N.C. 28402 Morehead City DDNi
Dear Mr. Morrison:
This,is with reference to the request submitted by you, acting as agent for Queens Point,LLC,to modify State
Permit No. 111-05. Sate Permit No 111-05 was originally issued on 6/28/05 for expansion of an existing docking
facility and was last modified on 5/10/07 for excavation of an access channel. State Permit No. 111-05 is due to
expire on 12/31/08.
The action proposed in your submittal consists of re-designation of the disposal area for the material excavated for
the approved navigational channel. The new disposal site would be located directly across the AIWW from the
project site, which is owned by Caroline Baldwin. The property is located outside the U.S.Army Corps of
Engineers right-of-way. Dimensions of the area for the disposal site would be 228' in length by 190' in width
(43,320 sq. ft.), which the agent states would be of sufficient size to handle the authorized approximately 2,900
cubic yards of excavated material to be removed for this project. The agent states that based on the amount of
material(2,900 cubic yards)and the square footage of the disposal site,the average height within the silt fenced
area would be raised less than two(2)feet. The agent also states that no containment dike or effluent piping would
be required since the de-watered material would be offloaded form the barge and hauled to the disposal are
mechanically. Following placement,the material would be properly graded and provided with ground cover
vegetation to prevent erosion. The agent has submitted a letter of permission from the property owner to allow for
the placement of the excavated material onto their property.
Upon review of the proposed plat submittal, I, in conjunction with Doug Huggett with the Division of Coastal
Management Permitting Section, have determined that the proposed action is consistent with existing State rules
and regulations and is in keeping with the original purpose and intent of the permit. I hereby submit this Letter of
Refinement authorizing the modification of State Permit#111-05, as described in your transmittal letter and plans
dated 6/7/07, which was received in our office on 6/7/07.
S' cerely,
Ted Tyndall/OL' ,
Assistant Director,DCM
cc: Doug Huggett, DCM
Robb Mairs,DCM
Dave Timpy,ACOE
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\ Internet: http://www.coastaimanagement.net
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

LMG
LAND MANAGEMENT GROUP INC. JUN 0 7 POO?
Environmental Consultants B .
6/7/07
Jim Gregson
Division of Coastal Management
127 North Cardinal Drive
Wilmington,N.C. 28405-3845
Re: Letter of Refinement request for re-designation of disposal area, confirmation of
bucket-to-barge operations between April 1 and September 30, Permit Number 111-05,
Queens point, LLC, Middle Sound,New Hanover County
Dear Jim,
As discussed, Queens Point, LLC is requesting a Letter of Refinement to re-designate the
disposal area for the material excavated from their approved navigation channel. The
permittee also wishes to confirm that a bucket-to-barge operation can be utilized between
April 1 and September 30. As you will recall, the original EA and application for the
permit described using either hydraulic dredging or a bucket-to-barge operation.
The new disposal site is located directly across the Intracoastal Waterway from the
excavation site on property owned by Caroline Baldwin. The property is outside of the
Corps right-of-way. A 228' x 190' (43,320 square feet) area for disposal has been
designated entirely on upland and will be surrounded by a properly installed silt fence
prior to use. Based on the 2,900 cubic yards of sand to be excavated and the square
footage of the designated disposal area, the average height of the area within the silt
fenced area will be raised less than 2'. No containment dike or effluent piping will be
required since de-watered material will be offloaded from the barge and hauled to the
disposal area mechanically without hydraulic pumping. Following placement, the
material will be properly graded and provided with ground cover vegetation to prevent
erosion.
I have discussed this disposal site and the above information with Carol Miller of the
Division of Land Quality. She confirmed that if the disturbed area is less than one acre,
that no Sediment/Erosion Control permitting is required. Please consult with the Division
of Marine Fisheries to confirm the usage of a bucket-to barge operation between April 1
and September 30. RECEIVED
DCM WILMINGTON, NC
JUN 0 7 2007
www.lmgroup.net - [e-mail] - Phone: [phone] - Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 - P.O. Box 2522, Wilmington, NC 28402

I have enclosed a signed Letter of Permission from Caroline Baldwin along with our
request letters, aerial figures detailing the Baldwin property and the disposal area, New
Hanover County tax statement for the property and a copy of the existing CAMA Permit
Number 111-05.
We would be happy to arrange any desired examination of the disposal area prior to
commencement of the work. My client would like to proceed with the project at the
earliest possible date. Please contact me with any questions that you may have regarding
this request. Thank you for your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Enclosures
Cc: Robb Mairs
Fritz Rohde
Queens Point, LLC

AISLMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
5/8/07
Mrs. Caroline Baldwin
2519 Middle Sound Loop Road
Wilmington,N.C. 28411-7831
Re: Letter of Permission signature request, Queens Point, LLC
Dear Mrs. Baldwin,
I have attached a Letter of Permission for your signature regarding the use of your
property located across the waterway from the Queens Point property for the purpose of
placing sand to be excavated from their navigation channel. I have also enclosed a copy
of the earlier letter to you explaining the nature of the project. Additionally, I have
enclosed an aerial photograph outlining the specific area of your property to receive the
material. Please sign and date the Letter of Permission and return it in the attached pre-
addressed envelope. I will be happy to discuss any aspect of this project with you at your
convenience. Thank you for your assistance.
Sincerely,
Steve Morrison
Environmental Consultant
Enclosures'
Cc: Queens Point, LLC
RECEIVED
DCM WILMINGTON. NC
XN 0 7 2007
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington, NC 28402

LETTER OF PERMISSION
(0
1, ghe�y give my permission for Queens
Point, to place approxim el 2,900 cubic yards of material excavated from their
boat channel and dock area on my property (Parcel I.D. R05200-003-007-000) located on
the island south of the confluence of Mason Creek and the Atlantic Intracoastal
Waterway.
e Dat
r
RECEIVED
DCM WILMINGTON, NC
J LA, 0 7 2007

LMG
LAND MANAGEMENT GROUP INC.
Environmental Consultants
1/25/07
Caroline Baldwin
2519 Middle Sound Loop Road
Wilmington,N.C. 28411-7831
Re: Request for sand placement, Queens Point, LLC
Dear Ms. Baldwin,
As discussed by phone, I am working on behalf of Queens Point, LLC in securing a
modification to their CAMA permit to excavate a small channel to the waterway from
their boat dock. This activity will restore navigation access to the waterway. The material
to be excavated is sand which has accumulated near the mouth of Howe Creek.
Queens Point, LLC would like to request your written permission to place approximately
2,900 cubic yards of sand on your property located directly across the waterway within
the area shown on the attached sheets. The area for sand placement is within an open
upland area on a portion of the spoil island adjacent to Mason Creek. The sand will be
transported to the site by either a small hydraulic dredge or a barge-mounted mechanical
excavator. If a dredge is used, a confining dike will be shaped around the area and a
water control structure will be installed as required by the CAMA permit. If a mechanical
excavator is used, the material will be delivered by barge along Mason Creek and off
loaded to the placement area. It is likely that the permit will require the installation of a
silt fence around the outside of this area to assure that the sand is contained and would
not erode into the surrounding area. At present it is uncertain whether a
sedimentation/erosion control permit would also be required. If so, Queens Point would
obtain such permitting prior to the project.
I will be,happy to discuss any aspect of this project and answer any questions that you
may have. I can be reached at my office at 452-0001. Thank you for your assistance.
www.lmgroup.net - [e-mail] - Phone: [phone] - Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 - P.O. Box 2522, Wilmington, NC 28402

Sincerely,
Steve tMoso
Environmental Consultant
Enclosures
Cc: Queens Point, LLC
Bill Raney
RECEIVED
DCM WILMINGTON. NC
JUN 0 7 2007

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JUN 0 7 2007
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ivew nanover k.ounLy laX II eCUrUS ingUlq - l.0 rel1L 14A JLILLCIACiA l agc 1 vl .
� ovr co. NEW HANOVER COUNTY TAX DEPARTMENT
Real Estate Tax Records Inquiry - Current Tax Statement
s 0230791 2 0 0 6 T A X S T A T E M E N T
�FkORS��4•.
TAX DIST PARCEL ID NUMBER PERS VALUE REAL VALUE EXEMPTIONS
FD R05200-003-007-000 0 5, 835 0
LEGAL ( 38.90 ACRES) MARSH HARNETT
LOCATION MIDDLE SOUND LOOP RD
1/1/06 OWNER: BALDWIN CAROLINA A S
TAX
DESCRIPTION RATE ASSESSED
------------ ------ ----------
NH COUNTY 0.6850 39.97
NH FIRE DIST 0.0600 3.50
BALDWIN CAROLIN& A S
2519 MIDDLE SOUND LOOP RD
WILMINGTON NC 28411-7831
REMIT TO: NEW HANOVER CO TAX OFFICE
P.O. BOX 18000 * TOTAL AMOUNT DUE 01/16/07
WILMINGTON, NC 28406
Ownership # Heal Estate laves 3uilding Sketcn
Prior Taxes Prooeriv Map , PrevrouS Page i 1
Questions?
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RECEIVED
DCM WILMING 1 A. NC
JUN 0 ' "007
http://www.nhcgov.com/Oasinq/Oasstmt.jsp?set=RO5200-003-007-000 1/16/2007

Coastal Resources Corninission
Vermtt
for
rC Major Development in an Area of Environmental Concern
pursuant to.NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued ro_ itee>as Point LLC. Suite 2050 300 N. Greene St Greensboro,NC 27401 _
Authorizing development in New Hanover County at AIWW and. Howe Creel:at 2535 Middle^
So tnd �o� d..near W'lmingZon, as requested in the permittce's letter dated 9/l 4/0 6. includ ut-, the
attached workplan drawings(5) all dated"received Morehead City 2/7/05".
This permit, issued on May 10,2007 _, is subject to compliance with the application (where consistent
with the permit), all applicable regulations.special conditions and notes sct forth below. Any violatio;l of these terms may
be subject to fines. : iV'l action.: or may cause the penrn:t t, ';c .: is
J i
Excavation
# I
1) In order to protect juvenile shrimp and finfish populations, no excavation shall be permitted between
i April 1 and Sept. 30 of any ye-uT without the prior approval of the Division of Coasti Management, in i
consultation with th-- Division of Marine Fishenes. r
2) Unless spec:ificully altered hcrcin, the dimensions of the area to be dredged shall not exceed that
expressly and specifically set forth in the attached workplan drawings. Any proposal to change the area
to be dredged shall require permit :modification.
3) Excavation shall not excccd -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
t �
(See attached sheets for Additional Conditions)
i ais pemlit action may be aweaied by the ermittee qr
P Signed by the authority ri1' the Sec
rerary of DEti'R aad :tie i
s A r i L g :.liau:n u;c; :he Cea;ta,x�,aurccc c=omr^ission.
st An,.rf j re ";±: .e_-''u-:Jn pric t
$ Phis permit shall be accessible on-site to Department
rersornel when the oroiect is inspected for coinoliauce.
Y
- y
A„y n;uicucswncx wdric or project miwiticaunn not coveters i/ Charles S. J or.�;, D;%ectGr
:kezewa:'r-f Ie4-uirx:. further Div jwaapptovai. t-)f .t-o'?`.f Co as :1 1 1'--n'.��t^ant
All wollt shall etase wim,,tho—n ir pv j c nn Tf,is nn w; C..^.�:t.
EC
i Dtmrmber 31,2008
^ DCM WILMINGTON• NC
non-

i,lHi-10-6616( iej:u-j rrom:IW. ulv 'cuiaii GLc_c_.i---L c�.J.
Queens[point,LLC Permit#111-05
Page 3 of 3
General
15) This modification shall be attached to the original of Permit No. 111-05, which was issued on 6/28/05,
and copies of all documents shalt be readily available ou site when Division pe:sorurei inspect the �
prvjcc:for cornpliariCe.
16) All conditions and siinulations of the active permit remain in.force under;his minor modification, unless a
altered herein. r
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pern•.its. approvals or auti:orizations that may be rcqu_i ed.
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RECEIVED
DCM WILMINGTON, NC
!U N 0 7 2007

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YIPFA
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
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
Copy: Ted Tyndall, Jim Gregson, John Thayer, Robb Mairs, Chris O'Keefe
FROM: Michael Christenbury, Wilmington District Planner
SUBJECT: Land Management Group, Modification Request, Permit Number 111-05,
Queens Point, LLC
DATE: March 9, 2007
Consistency Determination: Following further discussions with the New Hanover County
Planning Department, and following consideration of the implementation strategies (3.20.1
-3.20.5) for policy 3.20 of the 2006 Wilmington-New Hanover County Joint Land Use Plan,
and provided that all other local and federal requirements can be met, this project appears
consistent with the 2006 Wilmington-New Hanover County Joint Land Use Plan update.
This memorandum is in response to a permit modification request dated September 14,
2006 for Permit Number 111-05, Queens Point, LLC by Land Management Group, Inc.
Following many meetings regarding this modification request with Land Management
Group and with the New Hanover County Planning Department, I offer the following
comments.
The project location is 2535 Middle Sound Loop Road, adjacent to the Atlantic
Intracoastal Waterway and Howe Creek in New Hanover County. 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.
Areas of Environmental Concern (AEC's) impacted by the proposal are EW, PT, ES,
OR. 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.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

I have reviewed this proposal for consistency with the 2006 Wilmington-New Hanover
County Joint 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.
Following further discussions with the New Hanover County Planning Department and
following consideration of the implementation strategies (3.20.1 - 3.20.5) for policy 3.20
of the 2006 Wilmington-New Hanover County Joint Land Use Plan, and provided that all
other local and federal requirements can be met, this project appears consistent with
the 2006 Wilmington-New Hanover County Joint Land Use Plan update.
Page 2 of 2

A,
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
MEMORANDUM
TO: Doug Huggett�,L
FROM: Jim Gregson �Y7/
District Manager, Wilmington NOV ., 2006
DATE: October 30, 2006
Morehead City DCM
SUBJECT: Modification Request
State Permit No. 111-05
Queens Point, LLC
New Hanover County
Mr. Steve Morrison(Land Management Group, Inc.), on behalf of Queens Point LLC, has submitted a request to modify
State Permit No. 111-05. Permit No. 111-05 was issued to Queens Point, LLC on June 28, 2005 for the expansion of the existing
docking facility. The proposed dredging of a 60' X160' basin and a 750' X 30' access channel was not authorized due to
inconsistency with Policy 4.10 of the 1999 Wilmington- New Hanover County Joint CAMA Land Use Plan(as amended July
2000). The Permit will expire on December 31, 2008.
The Modification Request proposes the dredging activity as originally requested in the May 14, 2003 application. In the
modification request, Mr. Morrison states that based on the updated and approved Wilmington- New Hanover County Joint
CAMA Land Use Plan, the inconsistency no longer exists. The Coastal Resources Commission certified the 2006 Wilmington-
New Hanover County Joint CAMA Land Use Plan in June 2006.
Mike Christenbury (Wilmington District Planner) reviewed the Modification Request and submitted comments on the
proposal in the attached Memorandum dated October 19, 2006. Mike's conclusion is that the project is in conflict and not
consistent with the 2006 Wilmington- New Hanover County Joint CAMA Land Use Plan. This Office, therefore, recommends
that the Modification Request be denied.
cc: Wilmington Files
Ted Tyndall (DCM)
Robb Mairs (DCM)
Dave Timpy (COE)
Linda Painter(LPO)
127 Cardinal Drive Extension, Wilmington, N.C. 28405-3845 0 Telephone [phone] • Fax [phone]
An Equal Opportunity Affirmative Action Employer

AL
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
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator
Copy: Charles S. Jones, Ted Tyndall, Jim Gregson, John Thayer, Robb Mairs,
Chris O'Keefe
FROM: Michael Christenbury, Wilmington District Planner
SUBJECT: Recommendation of Denial for Land Management Group, Modification
Request, Permit Number 111-05, Queens Point, LLC
DATE: October 19, 2006
This memorandum is in response to a permit modification request dated September 14,
2006 for Permit Number 111-05, Queens Point, LLC by Land Management Group, Inc.
On April 20, 2005 1 submitted a land use plan consistency determination after reviewing
the Queens Point, LLC Major Permit Application. In the memorandum, it was
determined that the proposed excavation and dredging was in conflict and not
consistent with the 1999 Wilmington-New Hanover County CAMA Land Use Plan.
Policy 4.10 (as amended July 2000) of the 1999 Wilmington-New Hanover County
CAMA Land Use Plan states "not allow new dredging activities in Primary Nursery
Areas (PNA), Outstanding Resource Waters (ORW), or Shellfishing Waters (SA)
except for the purpose of protecting and enhancing water quality, and where
supported by sound scientific and technical knowledge."
It was determined that waters at the project location are designated as Shellfishing
Waters (SA) and Outstanding Resource Waters (ORW) and that the proposed project
clearly constituted new dredging activities in waters classified as SA-ORW. Therefore,
the determination was made that the proposed project was in conflict and not consistent
with the local land use plan. (See attached memorandum dated April 20, 2005).
In June 2006, the Coastal Resources Commission (CRC) certified the 2006 Wilmington-
New Hanover County Joint CAMA Land Use Plan, which is now currently relied upon for
land use plan consistency determinations.
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone]Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Policy 3.20 of the 2006 Wilmington-New Hanover County Land Use Plan reads
"prohibit new dredging activities in Primary Nursery Areas (PNA), Outstanding
Resource Waters (ORW), or Shellfishing Waters (SA) except for the purpose of
scientific research, projects designated for the purpose of protecting and
enhancing water quality, and where supported by sound scientific and technical
knowledge."
Implementation Strategy 3.20.4 for Policy 3.20 states "exceptions may be permitted
for maintenance dredging as permitted by the Division of Coastal Management
provided they meet these criteria:"
a. The applicant demonstrates that a water dependent need exists for the
excavation; and
b. There exists a previously permitted channel which was constructed or
maintained under permits issued by the State or Federal Government. If
a natural channel was in use, or if human-made channel was constructed
before permitting was necessary, there shall be clear evidence that the
channel was continuously used for a specific purpose; and
c. Excavated material can be removed and placed in an approved disposal
area without significantly impacting adjacent nursery areas and beds of
submerged aquatic vegetation; and
d. The original depth and width of a human-made or natural channel will
not be increased to allow a new or expanded use of the channel.
The above exceptions are for maintenance dredging only. The proposed dredging
activity as detailed within the application materials for the proposed permit modification
clearly constitutes new dredging and not maintenance dredging of an existing channel.
Therefore, the proposed permit modification is in conflict and not consistent with the
2006 Wilmington-New Hanover County Joint CAMA Land Use Plan. For this reason I
recommend that this permit modification request be denied.
Page 2 of 2

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Doug Huggett
Division of Coastal Management
400 Commerce Avenue
Morehead City,N.C. 28557
Re: Modification request, Permit Number 111-05, Queens Point, LLC
Dear Doug,
On behalf of Queens Point, LLC, I am requesting a modification of CAM A. Permit
Number 111-05 to authorize the proposed dredging activity as detailed within the
application materials.
As you will recall, Condition 1 of the existing permit disallowed the dredging portion of
the project in accordance with Section 4 Areas of Environmental Concern of the
Wilmington-New Hanover County Land Use Plan (LUP), Policy 4.10 (as amended July
2000). The dredging activity was determined to be in conflict and not consistent with the
policy language as cited within the April 20, 2005 Consistency Determination
memorandum from Mike Christenbury (Attachment 1).
In June 2006, the Coastal Resources Commission approved the Wilmington-New
Hanover County 2006 LUP Update. Under Areas of Environmental Concern, Policy 3.20
within the approved LUP (Attachment B), new dredging activities within PNAs, ORWs
and SA waters are prohibited "except for the purpose of scientific research, projects
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....and in accordance with the provisions in the implementation strategies below."
Within the Implementation Strategies for Policy 3.20, under 3.20.4 it states "Exceptions
may be permitted for maintenance dredging as permitted by the Division of Coastal
Management provided they meet this criteria:" The listed criteria (a-d) are essentially
identical to the criteria (i-iv) for maintenance dredging within PNAs and beds of SAV
under the Specific Use Standards for Public Trust Areas [15A NCAC 07H .0208 (b)]. It
should be noted that the area of the proposed dredging activity is neither within a PNA
RECEIVED
UCM WILMINGTON, NC
OCT 0 5 2006

nor an SAV bed. However, since the area waters are classified as SA ORW, the same
criteria must be met under the LUP.
The following addresses the criteria within the LUP:
a. The applicant demonstrates that a water dependent need exists for the excavation;
The proposed excavation is for boating navigation purposes and is therefore water
dependent.
b. There exists a previously permitted channel which was constructed or maintained
under permits issued by the State or Federal Government. if a natural channel was in
use, or if a human-made channel was constructed before permitting was necessary, there
shall be clear evidence that the channel was continuously used for a specific purpose;
Historical aerial photography, provided as part of the original permit process, clearly
demonstrates that the prior owners of the applicant's property and boaters from piers
further upstream on Howe Creek have continuously used the natural channel for access to
the Intracoastal Waterway.
c. Excavated material can be removed and placed in an approved disposal area without
significantly impacting adjacent nursery areas and beds of submerged aquatic
vegetation;
The excavated material will be placed in an approved disposal area without impacting
PNAs or beds of SAV. The excavation area is not within a PNA or SAV bed.
d. The original depth and width of a human-made or natural channel will not be
increased to allow a new or expanded use of the channel.
The proposed depth of the excavation is 4' mlw, which represents a modest navigation
depth for typical small pleasure craft. The proposed excavation is 30' wide away from the
dock and 60' around the dock to provide for positive floatation of the dock and secured
boats as well as adequate maneuvering room. Proposed project dimensions would not
create a new or expanded use of the channel. The proposed excavation width is actually
smaller than the historical navigation area of the natural channel.
Based on the updated and approved Wilmington-New Hanover County LUP, we submit
that an inconsistency no longer exists. The minimal dimensions of the excavation are
necessary to restore a traditional boating usage. Please contact me with any questions that
you may have regarding this request. Thank you for your assistance.
RECEIVED
DCM WILMINGTON, NC
OCT 0 5 2006

Sincerely,
Steve Morrison
Environmental Consultant
Encl: Copy of Permit Number 111-05
Attachment A, April 20, 2005 Consistency Determination
Attachment B, Policy 3.20, 2006 Wilmington-New Hanover County LUP
Cc: Ted Tyndall
Charles Jones
Queens Point, LLC
Bill Raney
RECEIVED
DCM WILMINGTON, NC
OCT 0 5 2006

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

nor an SAV bed. However, since the area waters are classified as SA ORW, the same
criteria must be met under the LUP.
The following addresses the criteria within the LUP:
a. The applicant demonstrates that a water dependent need exists for the excavation;
The proposed excavation is for boating navigation purposes and is therefore water
dependent.
b. There exists a previously permitted channel which was constructed or maintained
under permits issued by the State or Federal Government. If a natural channel was in
use, or if a human-made channel was constructed before permitting was necessary, there
shall be clear evidence that the channel was continuously used for a specific purpose;
Historical aerial photography, provided as part of the original permit process, clearly
demonstrates that the prior owners of the applicant's property and boaters from piers
further upstream on Howe Creek have continuously used the natural channel for access to
the Intracoastal Waterway.
c. Excavated material can be removed and placed in an approved disposal area without
significantly impacting adjacent nursery areas and beds of submerged aquatic
vegetation;
The excavated material will be placed in an approved disposal area without impacting
PNAs or beds of SAV. The excavation area is not within a PNA or SAV bed.
d. The original depth and width of a human-made or natural channel will not be
increased to allow a new or expanded use of the channel.
The proposed depth of the excavation is 4' mlw, which represents a modest navigation
depth for typical small pleasure craft. The proposed excavation is 30' wide away from the
dock and 60' around the dock to provide for positive floatation of the dock and secured
boats as well as adequate maneuvering room. Proposed project dimensions would not
create a new or expanded use of the channel. The proposed excavation width is actually
smaller than the historical navigation area of the natural channel.
Based on the updated and approved Wilmington-New Hanover County LUP, we submit
that an inconsistency no longer exists. The minimal dimensions of the excavation are
necessary to restore a traditional boating usage. Please contact me with any questions that
you may have regarding this request. Thank you for your assistance.

Sincerely,
Steve Morrison
Environmental Consultant
Encl: Copy of Permit Number 111-05
Attachment A,April 20, 2005 Consistency Determination
Attachment B,Policy 3.20, 2006 Wilmington-New Hanover County LUP
Cc: Ted Tyndall
Charles Jones
Queens Point, LLC
Bill Raney