20070842 Ver 1_DCM Permit_20130426

Permit Class Permit Number
TRANSFER 159 -07
STATE OF NORTH CAROLINA —1 —Q Z
Department of Environment and Natural Resources
and rPR
FA Dn
,Vrrmit Coastal Resources Commission
013
for
X Major Development in an Area of Environmental
pursuant to NCGS I I3A -118
Excavation and/or filling pursuant to NCGS 113 -229
Issued to Dolphin Holdings, LLC., 5725 Oleander Drive, STE C -3, Wilmington, NC 28403
Authorizing development in Brunswick County at adjacent to the AIWW, off Boones Neck
Rd., Lockwood Folly Township , as requested in the permittee's application dated 12/6/06 (NIP -1 and 4) and
4/4/07 (MP -2, and 3), inc. the attached workplan drawings (31), as referenced in condition No. 1 of this permit.
This permit, issued on April 18. 2013 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in compliance with the
attached list of workplan drawings: sheet 1 of 1 dated 4/17/03, sheet 7, and 7.4 of 16 dated "revised
5/8/07 ", sheet 7.1 through 7.4, sheet 8 through 10, 14.1, 14.2, and 14.3 of 16 dated 12/29/06, sheet
10.1 of 16 dated 3/28%07, sheet 11, 12, and 13 of 16 dated 10/18/06, sheet 11.1, 12.1, 12.2, 13.1, 13.2,
and 16.1 of 16 dated 2/14/07, sheet 14, 14.4, and 15 of 16 dated "revised 4/4/07 ", sheet 14.1, 14.2,
and 14.3 dated "revised 12/29/06, sheet 16 of 16 dated 12/1/06, sheet 16.2, 16.3, and 16.4 of 16 dated
2/20/07, 16.5 of 16 dated 2/19/07, and sheet 16.6 of 16 dated 2/21/07.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit shall be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2014
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
`T
BVAon C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dolphin Holdings, LLC.
ADDITIONAL CONDITIONS
Upland Development
Permit # 159 -07
Page 2 of 5
2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including but not limited to the 10
condominium buildings, swimming pool, club house, pump house, all roads, sidewalks, utilities, and
infrastructure associated with the development of the subdivision, all as expressly and specifically set
forth in the attached permit application and workplan drawings. Any additional land disturbing
activities and/or construction may require a modification of this permit. Contact a Division of Coastal
Management representative at (910) 796 -7215 for this determination.
Docking Facility
3) Unless specifically altered herein, 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 attached permit
application and workplan drawings. No other structure, whether floating or stationary, shall become a
permanent part of this docking facility without permit modification. No non -water dependent uses of
structures shall be conducted on, in or over public trust waters without permit modification
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the 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.
5) All portions of the access pier located over Coastal Wetlands shall not exceed a width of 6 feet and shall
be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the decking.
6) The docking facility 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. This corridor 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.
7) No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the
federally maintained AIWW channel.
8) In order to ensure compliance with Condition Nos. 6 and 7 of this permit, an as-built survey showing the
location and dimensions of the constructed structure, the distance to the neighboring riparian corridors,
and the distance to the federally maintained AIWW channel shall be performed on the facility, and
copies of the survey shall be provided to the Division of Coastal Management, within 60 days of
completion of construction.
NOTE: Failure to provide the survey required in Condition No. 8 shall result in a violation of this permit.
9) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee
walls are permitted. Lattice is specifically excluded from being used under this authorization.

Dolphin Holdings, LLC.
ADDITIONAL CONDITIONS
10) The roof of the covered platform shall not be designed for second story use.
Permit # 159 -07
Page 3 of 5
11) 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.
12) 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.
13) 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
that may be caused from existing or future operations undertaken by the United States in the public
interest.
14) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
15) This permit authorizes a maximum of six boat slips. At no time shall more than 6 vessels be moored or
docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types,
including but not limited to motorboats, sailing vessels and personal watercraft.
NOTE: The permittee is cautioned that due to the proximity of the AIWW, boats utilizing the docking
facility shall be subject to frequent wavewash from passing vessels. The issuance of this permit
does not relieve the permittee from taking all proper steps to ensure the integrity of the structure
and the safety of moored boats. The permittee shall not hold the State of North Carolina or the
United States liable for any damage to the structure or moored boats.
Retaining Walls
16) The alignment of the authorized retaining walls shall be staked by the permittee and approved by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
any construction. Failure to initiate construction within 30 days shall require the alignment to be
restaked by the permittee and re- approved by DCM within a maximum of 30 days prior to the new
expected start of construction. Contact a Division Representative at 910- 796 -7215 for an appointment.
17) The retaining wall shall be constructed prior to any backfilling activities.
18) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
19) The retaining wall shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet
piles or other suitable materials approved by Division personnel.
20) The backfill material shall be clean and free of any pollutants except in trace quantities.

Dolphin Holdings, LLC. Permit # 159-07
Page 4 of 5
ADDITIONAL CONDITIONS
21) All backfill material shall be obtained from a high ground source and confined behind the permitted
bulkhead.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan shall be required for this project. This plan shall be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
22) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.). At a minimum, a silt fence shall be properly installed immediately
landward of the retaining wall caps immediately following completion of backfilling activities.
23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
Stormwater Management
24) The N.C. Division of water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8061029 on 9/11/07. Any
violation of the permit approved by the DWQ shall be considered a violation of this CAMA permit.
Shellfishing Closure
25) The waters adjacent to the permitted project are classified as "Open" to the harvest of shellfish. The
construction and/or operation of the authorized facilities shall not directly result in a closure of these
waters that are open to the harvest of shellfish. Any such permanent closure directly attributable to the
authorized facilities shall require that the permittee undertake remedial actions to remedy the situation.
Such actions may include, but are not limited to, a removal of any unauthorized slips or mitigative
measures to reduce or eliminate the cause(s) of the closure.
General
26) In accordance with requirements of the US Army Corps of Engineers, and in order to compensate for
impacts to 0.19 -acres of wetlands, the permittee shall make payment to the North Carolina Ecosystem
Enhancement Program (NC EEP) in the amount determined by the NC EEP, to be sufficient to perform
the restoration of 0.22 -acres of non -riparian wetlands in the Lumber River Basin, Cataloging Unit
03040207.
27) Construction within jurisdictional areas on the property shall begin only after the permittee has made
full payment to the NC EEP and provided a copy of the payment documentation to the Corps of
Engineers and DCM, and the NC EEP has provided written confirmation to the Corps of Engineers and
DCM that it agrees to accept responsibility for the mitigation work required, in compliance with the
MOU between the North Carolina Department of Environment and Natural Resources and the United
States Army Corps of Engineers, Wilmington District, dated November 4, 1998.

Dolphin Holdings, LLC.
ADDITIONAL CONDITIONS
Permit # 159 -07
Page 5 of 5
28) 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.
29) No open water areas or Coastal Wetlands shall be excavated or filled, even temporarily.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any Driveway
Access Permit required by the NCDOT.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796 -7215 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 N.C. Division of Water Quality has authorized the proposed project under General Water
Quality Certification No. 3642 (DWQ Project No. 070842), which was issued on 7/5/07.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 2007 - 01829 -010.
NOTE: The expiration date of this permit has been extended in accordance with Session Law 2009 -406,
as amended by Session Law 2010 -177.