131-83 Minor Mod 2013 Masonboro Yacht Club & Marina

;f
Permit• Class Permit Number
MODIIFICATION/MINOR 131-83 :
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and .
Coastal Resources
Commission
for
X :Major Development in -an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to;NCGS 113-229
Issued to Masonboro Yacht Club and Marina, Inc.; 669 Trails End Rd., Wilmington NC, 28409,
Authorizing development in New Hanover County - ;Whisky Creek
as requested in the permittee's letter dated received 2/19/13,
including the attached worknlan drawings (5), cover nape not dated and 2-5 of 5 all dated 9/10/12
This permit, issued on' Mearch'11 r2013 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 S11bJCCt to tines, .Imprisonment or civil action; or may cause me.permit to be null ana vola.
1) Unless specifically altered herein,; this minor modification authorizes a change in the location of the
disposal area to allow spoil disposal in ACOE Spoil Disposal 'site DA #256, all as expressly and
specifically set forth in attached work plan drawings.
2) This minor modification. shall be attached to the original of Permit No. 131-83, which was transferred
to the permittee on 4/5/07, as. well as all subsequent modifications, refinements and renewals, and
copies of all documents shall be readily available on site when Division personnel inspect the project
for compliance.
3) All conditions'and stipulations -of the active permit remain in force under this minor modification
unless specifically altered herein.
(See•attached sheets for Additional Conditions)
This permit action may .tie appealed by the permittee or
other qualified persons within twenty (20) days of the issuing' .
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
- This .permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any, maintenance work or project nrodifrcation not covered
hereunder'requires further Division approvah
All work must cease when the permit expires on
April 30, 2016 .
ln'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 or 1JhINK ana the
Chairman of the Coastal Resources Commission.
Brax • ' C. Davis, Director
'•Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Pe.rmittee

Masonboro Yacht Club and Marina, Inc., Permit #131-83
Page 2 of 3
ADDITIONAL CONDITIONS
Maintenance Excavation
4) No excavation shall take place outside the area indicated on the attached workplan drawings.
5) Excavation shall not exceed -8 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of the connecting waters. Overdredging is specifically prohibited.
6) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
7) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
cannot be made immediately, pumping of material shall stop until such leaks are fixed.
'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.
Spoil Disposal
8) . All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh 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 normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
13) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 943
Washington Square Mall, Washington, NC 27889.
14) , In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

P
Masonboro'Yacbt Club and Marina, Inc., Permit #131-83
Page 3 of 3
ADDITIONAL CONDITIONS
15) 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.).
Maintenance Clause
16) The Division of Coastal Management will be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit and that notification include:
a. The number of the original permit
b. A statement that no dimensional changes are proposed
c. A copy of the original permit plan(s) with cross -hatching indicating the area to be
maintained and the area to be used for dredge spoil, and.the estimated amount of material
to be removed.
d. The date of plan revision and the permittee's signature shown anew on the original plan
General
17) The permitee shall obtain approval from the US Army Corps of Engineers and the NC Department of
Administration, and a copy of both approvals shall be provided to the Division of Coastal Management,
prior to use of ACOE Spoil Disposal site DA #256.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

-13
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis
Governor Director
TO: Doug Huggett,
DCM Major
mPermit Coordinator, Morehead City
FROM: Robb Mair y-',
'
DCM Field epresentative, Wilmington
RECEIVED
THRU: Debra D. Wilson 9-110'
DCM District Manager, Wilmington FEB 19 2013
DATE: February 15, 2013
John E. Skvarla, III
Secretary
D(V-!,MD Cl7Y
SUBJECT: Modification request
Permit No 131-83
Masonboro Boatworks, LLC (formally Masonboro Boat Yard), New Hanover County
Mr. Steve Morrison with Land Management Group, Inc. and acting agent for Masonboro Boatworks, LLC has
submitted a request to modify State Permit No. 131-83. State Permit No 131-83 was originally issued on September 13,
1983 to Ed Lowe for Masonboro Boat Yard & Marina, Inc., authorizing the development of a marina facility with
associated dry -stack facility, clubhouse and parking areas. State Permit No. 131-83 was transferred from Ed Lowe for
Masonboro Boat Yard & Marina, Inc. to Masonboro Boatworks, LLC on June 7, 2005. State Permit No. 131-83 was
modified on February 27, 2006 to allow for additional upland development, which included new dry -stack storage
buildings and associated parking area. State Permit No. 131-83 was renewed on June 13, 2006 and was due to expire on
April 30, 2008.
Masonboro Boatworks, LLC performed maintenance excavation in the winter of 2008 utilizing the spoil island
(USACE DA 256) located directly across the AIWW, which is owned by the State of North Carolina. In a letter dated
January 14, 2008 issued by Mr. James H. Gregson, Masonboro Boatworks were authorized use of the State owned spoil
island until State Permit No. 131-83 expired on April 30, 2008. State Permit No. 131-83 was then modified and renewed
on February 8, 2010 to relocate the designated spoil location to a new spoil site located approximately 1.0 mile north of
the original spoil location, which is privately owned by the Parsley family. The spoil island is also partially within the
USACE 1,000 foot right-of-way. State Permit No. 131-83 was then modified on March 16, 2010 to allow for additional
shoreline stabilization along a section of eroding shoreline adjacent to the existing dry -stack structures. State Permit No.
131-83 is due to expire on April 30, 2016.
Mr. Morrison states that Masonboro Boatworks, LLC is proposing to perform maintenance excavation this winter
within the authorized limits of the marina basin and access channel to the AIWW. Based on a recent hydrographic
survey, this would result in the removal of approximately 21,050 cubic yards of material. Mr. Morrison also requests to
allow relocation of the designated spoil site to DA 256 directly across the AIW W as done in the 2008 maintenance event.
Mr. Morrison states that the material to be excavated within the basin and access channel has been physically and
chemically tested and meets the environmental requirements for the disposal in a USACE controlled site within the
Wilmington District's jurisdiction through a Consent Agreement.
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Intemet: www,nccoastalmanagernnt.net
An Equal Opportunity \ Affirmanve Action Employer

Mr. Morrison has provided copies of a memorandum from the NCDCM and the NCCR to the State Property
Office on recommendations for the use of the island, which is located within the Masonboro Island component of the
NCCR and NERR. Mr. Morrison has also provided a memorandum to the State Property Office from the NC Division of
Purchase and Services, which endorses the request of placement of the dredged spoil material onto the spoil island. A
one-time easement from the State Property Office is anticipated in early March and construction would then be initiated
(See Project Narrative, Sheets 1 through 5 and attached memos).
The agent has submitted a check (check No. 42212) in the amount of $100 for the modification request. This
office has no objections to the proposed modification request with the recommended conditions:
1. 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
conjunction with the Division of Marine Fisheries.
2. Excavation will not exceed —8.0' below mean low water.
3. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is
not authorized.
4. No excavated or fill material will be placed at any time, in any marsh or surrounding waters
5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site
by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of
filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such
time as the area has been properly stabilized with a vegetative cover.
6. All spoil material shall be placed at least 30' from mean high water.
7. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty
(30) working days of project completion.
8. Spoil area must be inspected prior to beginning work by a DCM Representative.
In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended
sediments in adjacent waters.
11. No coastal wetlands shall be filled outside the area indicated on the attached works plans.
12. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site must be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
13. All excavated materials will be confined above mean high water and landward of regular p� ' larly flooded
marsh behind adequate dikes or other retaining structures to prevent spillover of solids many marsh or
surrounding waters.
FEB 19 2013
Continued recommendations on next page

14. The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean
low/normal water level to prevent gully erosion and unnecessary siltation.
15. The terminal end of the pipeline will 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.
16. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water
quality standards.
17. 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 surrounding wetlands or waters.
18. The dike/back fill material/disposal area/disturbed areas will be properly graded and provided a ground cover
sufficient to restrain erosion within 30 working days of project completion.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required.
Enclosures
cc: Braxton Davis, DCM
Rebecca Ellin, NCNERR
Dave Timpy, USACE
Jessi Baker, DMF
Chad Coburn, DWQ
Wilmington files
FtB 19 206
11,0-n-Mii") :w

Mairs, Robb L
From:
Laura Stasavich [[e-mail]]
Sent:
Friday, February 15, 2013 1:13 PM
To:
Mairs, Robb L
Cc:
Steve Morrison
Subject:
Masonboro Yacht Club
an
I double checked the Corps' navigation data and confirmed the disposal island is DA disposal area # 256. If you could
mark through any references in the project narrative where the island is identified as # 258 and change the name to #
256, that would be great.
Thanks again!
Laura
Laura Stasavich
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
910-452-0001 (office)
910-452-0060(fax)
Stasavich aalmgroup.net
RECEIVED
DCM WILMINGTON, NC
FEB 15 2013
r�j',C>
Ff i3 1 � uQ?3

Masonboro Yacht Club
Maintenance Project
Winter 2012/2013
NCDCM Permit #131-83
Marina has over 100 wet slips and 45 dry slips. The marina was constructed in a man-
made basin at the confluence of Whiskey creek and the Atlantic Intracoastal Waterway
(AIWW). Vessels moored in the marina range from small skiffs to vessels over 50 foot in
length. Immediately adjacent to the marina on its south side is the Trails End Park, a
public boat ramp which utilizes the same entrance channel as MYC.
Proiect Need
The marina was originally dredged to a depth of 8.0 mean low water in 1974, with
subsequent maintenance dredging projects over the last 30 years. Currently the basin and
entrance channel have shoaled to the point that the limiting depth is 5.5 feet in the
entrance channel and 3.0 to 4.0 feet in the berths and basins. There is a current
maintenance dredging permit that was issued in 2010 and is active through 2016.
Dredging to a depth 8.0 foot throughout the basin except 6.0 foot in the small boat (<25)
slips is necessary to maintain operation of the marine and safe navigation in the channel.
The primary North Carolina Division of Coastal Management permit for the project was
issued in 1983, Permit #131-83, and includes 10 subsequent renewals or minor
modifications. Until 2010, all maintenance dredging events were permitted to place
material in DA "N state owned disposal area within the USACE right-of-way directly
across the AIWW from the marina (see attached sheets). The maintenance permit
renewal in 2010 included a minor modification top ace dredge material in DA 254
located approximately 2 miles north of DA ; 11oth the dredge depth and slip
configuration within MYC limit the size of dredge that can be utilized to perform the
maintenance work. For this reason, it has been found to be cost prohibitive to pump
material the nearly 3 miles from the marina to DA254. The most practical alternative is to
utilize the existing area on DApnrfor disposal, as has been done in the past.
Z%
Project Plan
The plan is to hydraulically dredge approximately 21,050 cubic yards of material from
the marWg basin and entrance channel. This material will be transported via pipeline to
DA2e material to be dredged has been physically and chemically tested and meets
the environmental requirements for disposal in a USACE controlled site within the
Wilmington District's jurisdiction.
The project is intended for construction in March 2013.
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Spoil Disposal
Disposal of the rial is planned to occur at the historic site within the USACE right-
of-way at DA- ere is an existing levee and spillway structure on the site. Surveys of
the site indicate that the footprint of the existing levee is sufficient to hold the volume of
material that is anticipated to be removed from the marina basin and entrance channel
with a factor of safety of 1.4.
The containment levee on DAA is of sufficient height on the northern half of the site.
However, the southern half must be raised approximately 3.0 feet to provide sufficient
holding capacity. Sufficient design capacity includes the ability to accommodate up to
30% bulking (fluidization), 24 hrs of water retention during pumping operations to
minimize discharge turbidity, and a minimum of 2 feet of additional freeboard at project
completion.
In addition, the effluent spillway structure will need to be replaced, as the discharge pipe
is derelict. All levee improvements will be made utilizing material within the disposal site
now and conducted inside the crest of the existing levee. Thus, no new areas on the
island, nor vegetation on the exterior of the existing levee, will be disturbed.
Summary
The applicant is requesting to perform maintenance dredging at the marina facility under
the existing maintenance permit. Additionally, a minor motion is being requested to
utilize the historic confined disposal facility (DA--) or disposal. The applicant
understands that a Consent Agreement with the USACE will also be required in order to
utilize DA�K 2.%
RECEVED

.'rat,

Memorandum
TO: State Property Office
THROUGH: Braxton Davis, Director
FROM: Rebecca Ellin, Coastal Reserve Program Manager
DATE: December 17, 2012
CC: Allen Jernigan, Attorney General's Office
RE: Recommendation regarding Masonboro Yacht Club's Request for Disposal of
Dredged Material at the Masonboro Island component of the N.C. Coastal
Reserve and National Estuarine Research Reserve
This memorandum provides a recommendation regarding State permission for the
Masonboro Yacht Club's (MBY) request for disposal of dredged material within the
boundary of the Masonboro Island component of the N.C. Coastal Reserve and National
Estuarine Research Reserve (Reserve) for maintenance of MBY's marina and channel. This
memo constitutes a recommendation from the N.C. Division of Coastal Management
(Division), acting as managers of the Reserve property on behalf of the State. Background
information, legal authorities, and the Division's review process were provided in a memo to
the State Property Office (SPO) on November 27, 2012. We request that the SPO review this
project recommendation and provide a decision regarding State permission for this project.
A. Background
The MBY is requesting use of existing dredge spoil cell 256 for disposal of approximately
21,050 cubic yards of material. Cell 256 comprises approximately the middle third of the
dredge spoil island that is located directly east of MBY, adjacent to the Intracoastal
Waterway (IC W W) (Figure 1). The entire dredge spoil island lies within the boundary of the
Masonboro Island Reserve, a component of the N.C. Coastal Reserve and National Estuarine
Research Reserve, and within the existing U.S. Army Corps of Engineers' (Corps) easement
that parallels the ICW W. Cell 256 has periodically been utilized for disposal by private
entities and has received material as recently as 2007, when it was utilized by MBY. The
Corps has no known near term need that will require utilization of the cell (J. Amette,
personal communication, 2012). A formal consent agreement from the Corps will be required
if SPO permission is granted.
The proposed project design will retain the footprint of the diked area of cell 256 to
accommodate the disposal of the approximately 21,050 cubic yards of material and include
increasing the dike wall height several feet in certain areas, replacing the disposal outflow
pipe that drains the cell to the ICW W, and installing the spillway infrastructure. The
applicant has provided a project narrative summarizing the project and the prpie9 ulapS nth
DCM1=iWILMINGTON, NC
FEB 1 2 2613

of which are attached for your reference. (Note that the narrative refers to the proposed cell
incorrectly as cell 258; the correct cell number is 256 which is how the cell is referred to in
this memorandum and in the project plans).
S. Analysis of Prolect Impact on Reserve Resources
A survey of the project site was conducted by Reserve staff on November 14, 2012.
1. Habitats
Mid -successional shrub forest habitat was found on and adjacent to the dike walls. Plant species
present in these areas include those typical of the salt shrub and maritime shrub communities as
recognized by the N.C. Natural Heritage Program, including seaside oxeye (Borrichia
frutescens), grounsel-tree (Baccharis halimifolia), bigleaf marsh elder (Iva frutescens), wax -
myrtle (Morelia cerifera), coastal red cedar (Juniperus virginiana var. silicola) and yaupon (Ilex
vomitoria). These habitats constitute buffer areas as defined in the N.C. National Estuarine
Research Reserve Management Plan (2009-2014) and surround and protect core estuarine
habitats. Based on the project design, the area outside the dike walls with these habitat types will
receive little disturbance under normal operations. Vegetation on the dike walls may be disturbed
by trimming or removal during the project to accommodate access and improvements to the dike.
Habitat within the cell includes small pockets of the above buffer habitat types; project site
preparation and sediment disposal will result in vegetation damage or destruction to these habitat
types. The cell also contains extensive areas dominated by the invasive species common reed
(Phragmites australis). It is anticipated that the project will not result in any permanent change
to the extent or density of the existing phragmites stand. This plant species is known to regrow
readily from rhizomes that can penetrate more than six feet of substrate after disturbance.
Adjacent to the west and east of the cell, areas of salt marsh dominated by saltmarsh cordgrass
(Spartina alterniora) occur, and are bordered by salt flats, mud flats, and submerged soft
bottom habitats. Together, these areas constitute core habitats as defined in the N.C. National
Estuarine Research Reserve Management Plan (2009-2014). These vital areas ensure the long
term viability of the estuarine ecosystem and contribute to the diversity of fauna, flora, and
natural processes occurring within the estuary. Access and installation of the spillway and
outflow pipe will occur along the western edge of the cell near the IC W W in the same location
utilized during previous disposal projects. Under normal operations, the project will directly
impact less than 0.10 acres of salt marsh to allow for access to the cell by heavy equipment
needed to perform dike and outflow pipe improvements. Marsh mats may be required by
Division regulatory staff to minimize impacts to the salt marsh for these purposes. Over 50 acres
of salt marsh and submerged habitats span the length of the disposal area to the east and west of
the cell and are at risk in the event normal operations are not maintained (e.g., breach of the dike
wall) as they are directly adjacent to the project site.
ii. Species Utilization
Although a thorough wildlife utilization survey is not available for the specific project area, the
site visit indicated that habitat is sufficient to support forage and roosting for a variety of bird
and small mammal species. During the site visit, a number of songbird species were seen or
heard within vegetation directly adjacent to the cell, including brown thrasher, red -winged
Page: 2

blackbird, wren spp., sparrow spp., and great homed owl. The owl seen during the survey has
been heard numerous times in the past year calling from this island and is believed to be part of
the family that roosted and raised fledglings last season on the island adjacent to the north.
Wildlife activity on the island may include eastern painted bunting as this species is known to
utilize dredge spoil areas with developed shrub forest areas. Heron and egret roosting is
common on the islands along the Reserve's western boundary. An area characteristic of roosting
was identified by the quantity of droppings present on the ground beneath appropriate vegetation.
Wildlife trails are evident in and around the diked area, indicating the presence of deer, raccoon,
rabbit, or other small mammals. The project will disrupt wildlife activity in these areas. Larger
mammals and birds may survive by fleeing. Small mammals with small home ranges may not
survive, as the project may segment travel paths between breeding or nesting and foraging areas.
iii. Research Eauiament
Research equipment is located in close proximity to the proposed disposal site that is part of the
National Estuarine Research Reserve System's System -wide Monitoring Program (Figure 1). A
water quality station is located adjacent to the island to the northeast. A meteorological station is
located on the island, approximately 200 yards north of the dike wall. The direct risk to this
research equipment is low, as the project will not require equipment or activity near either
station. Similarly, the integrity of data collected during the project should not be compromised
under normal operations, as the project is designed to minimize water quality impacts, as
required by the Division and the Corps. Yet, a dike breach could impact operation of the water
quality monitoring station and disrupt the collection of normal ambient conditions data.
C. Analysis of Sediment Quality
The Corps requires a substantial sediment analysis for projects utilizing areas within their
easement to assess the physical and chemical characteristics of material to be disposed. The
analyses required by the Corps are comprehensive enough to inform our review of placement of
material on Reserve property and accordingly, if sediments are found to be acceptable by the
Corps, they are considered safe for disposal within the Reserve boundary. We do note that the
Corps analyses do not include bioaccumulation measures nor do they evaluate chemical changes
that may occur once aquatic sediments become terrestrial. Sediments from the MBY removal
area were analyzed per Corps requirements and met standards for disposal within the easement.
D. Quoortunities for Beneficial Reuse of Material or Habitat Enhancement
The MBY project does not offer any unique opportunities for beneficial reuse. No nearby areas
of marsh are in need of restoration or sediment augmentation at this time. The physical
characteristics of the sediment to be disposed of are not appropriate for creating shorebird
nesting habitat, as is sometimes suggested for dredging spoils. Areas of the island outside the
dike walls were evaluated to determine if they may benefit from the presence of heavy
machinery on the island. While some areas include sediments appropriate for shorebird nesting,
natural succession is proceeding in these areas with shrub forest habitat species present. As a
result, it was determined that no beneficial reuse or habitat enhancement opportunities exist on
this island or related to this project at the present time.
RECEIVED
DCM WILMINGTON, NC
FEB 1 2 2013
Page: 3

E. Alternate Disposal Options
In the past, MBY has utilized several options for disposal of material from maintenance dredging
of the marina and channel. Several small maintenance operations have occurred in the last
decade, with material being trucked to nearby commercial facilities on the mainland. The most
recent DCM permit, issued in 2010, specifies a location north on a site that is within the Reserve
boundary, but partially in private ownership. Other privately owned disposal areas occur on
islands adjacent to the IC W W or on the mainland within 8 miles to both the north and south. Use
of cell 256 has been proposed due to proximity, reduced mobilization cost, and historic use.
F. Other considerations
The island and cell 256 lie directly across the ICW W from the Trails End Park and adjacent
residential development. The existing dike walls are nearly 20' high, but natural vegetation
external to the dike has grown such that the island and cell appears semi -natural. The project
calls for raising the height of the dike walls by several feet to provide for additional capacity in
the future. Concerns about changes to the viewshed as a result of changes to the dike walls have
been voiced to Reserve staff by an area resident.
G. Conclusion
The Division recommends granting State permission for the disposal of dredged material within
cell 256 for the MBY project per the attached project narrative. We further recommend that the
dike wall height be increased only to the extent needed for the proposed project and not to
accommodate future projects in light of the upcoming 2013 policy review of dredge disposal
projects by private entities at Reserve sites.
This project as proposed is fairly typical of private marinalboat yard disposal projects in this area
and for which State permission at the Masonboro Island Reserve has been granted previously.
The project does carry a level of risk that is inherent for this kind of project including heavy
equipment impacts on habitats, potential core habitat impacts due to dike failure, changes in the
site's topography, site soil disturbance, deposition of waste materials, and disruption of
vegetation at the site (See Division memo to State Property Office dated November 27, 2012).
We recommend that sufficient agency oversight is required in the regulatory permit for the
project duration to help reduce risk to Reserve resources and liability of the State.
We look forward to learning of your final determination on State permission for this project; and
if approved, the legal instrument to be used to allow permission and indemnify the State, as well
as any potential financial charges to be assessed.
Attachments
Figure 1. Proposed Disposal Site Map
MBY Project Narrative
MBY Plans 2012
Page: 4

Form PO-2
Rev, 10M]
Odginal and one miry re Stem Proprrry 00"
STATE OF NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
DISPOSITION OF REAL PROPERTY
Institution or Agency:
Date: December 14 2012
'the Department of Administration is requested, as provided by GS §146-2g et seq., to dispose of the rest property
herein described by purchaie; tease, rental, or other (specify). Temporary disposal by means to be
doftrimIned by the State Property Office
This disposition is recommended for the following reasons:
Masonboro Yacht Club (NOY) is requesting State permission for disposal of dredged material
within the boundary of the Masonboro island component of the N.C. Coastal Reserve and
National Estuarine Research Reserve (Reserve) for periodic maintenance of MBY's marina and
channel. The N.C. Division of Coastal Management's recommendation for this project, as
managers of the Reserve property for the State, is summarized in the attached momoran lum.
DescriptionofProperty: (Attach additional pages iftteeded.)
The MBY is requesting use of existing dredge spoil cell 256 for disposal. Cell 256 comprises
approximately the middle third of the dredge spoil island that is located directly east of MBY,
adjacent to the Intracoastal Waterway (ICWW) and within the boundary of the Masonbero Island
Reserve, a component of the N.C. Coastal Reserve and National Estuarine Research Reserve
located in New Hanover County. The cell is within the existing U.S. Army Corps of Engineers'
easement on the Reserve that parallels the ICWW (See attached Figure 1).
Estimated value:
Where deed is filed, if known:
if deed is in the name of agency other than applicant, state the name:
State of North Carolina State Pxoperty Office
U.S. Annv Corps of Fneineers' easement oil rdaWnboro Istanti RECEIVED
�T DCM WILMINGTON, NC
Rental income, if applicable, and suggested terms:
FEB ? 2 2013
NIA
punds from the disposal ofthis property are recommended for the following use:
NIA
(Complete if Agency has a Governing Board.)
Action recommending the above request was taken by the Goveming�Nof and is rcoDkded
in the.
minutes thereof on (dote).
Signature:
1100: Nasw Reservo Program Managaii;
N.C. Division of Coastal Management

Form PO-2
Rcv. 10101
Original and one copy to State Property Office
STATE OF NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
DISPOSITION OF REAL PROPERTY
Institution or Agency: N.C. Division of Coastal Maaaeemeat N.C. Coastal Reserve & National
Estuarine Research Reserve
Date: December 19, 2012
The Department of Administration is requested, as provided by GS § 146-28 et seq., to dispose of the real property
herein described by purchase, lease, rental, or other (specify). Temporary disposal by means to be
determined by the State Property Office
This disposition is recommended for the following reasons:
Masonboro Yacht Club (MBY) is requesting State permission for disposal of dredged material
within the boundary of the Masonboro Island component of the N.C. Coastal Reserve and
National Estuarine Research Reserve (Reserve) for periodic maintenanoe of MBY's marina and
channel. The N.C. Division of Coastal Management's recommendation for this project, as
managers of the Reserve property for the State, is summarized in the attached memorandum.
Description of Property: (Attach additional pages if needed.)
The MBY is requesting use of existing dredge spoil cell 256 for disposal. Cell 256 comprises
approximately the middle third of the dredge spoil island that is located directly cast of MBY,
adjacent to the Intracoastal Waterway (ICW W) and within the boundary of the Masonboro Island
Reserve, a component of the N.C. Coastal Reserve and National Estuarine Research Reserve
located in New Hanover County. The cell is within the existing U.S. Army Corps of Engineers'
easement on the Reserve that parallels the ICW W (See attached Figure 1).
Estimated value:
Where deed is filed, if known:
If deed is in the name of agency other than applicant, state the name:
State of North Carolina State Property Office
U.S. Army Corps of Engineers' easement on Masonboro Island
Rental income, if applicable, and suggested terms:
N/A
Funds from the disposal of this property are recommended for the following use:
N/A
(Complete ifAgency has a Governing Board.)
Action recommending the above request was taken by the Governing BQ of and is re ed ..the
minutes thereof on __ (date),
Signature:
Title: Coastal Reserve Program Manager,
N.C. Division of Coastal Management

Q��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Purchase and Services
Beverly Eaves Perdue, Governor Michael G. Bryant, Director Dee Freeman, Secretary
MEMORANDUM January 4, 2013
TO: Mr. John Barbour
State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
FROM: James "Chris" Ivers
Capital Projects Coordinator
Division of Purchase and Services
DATE: January 4, 2013
SUBJECT: Endorsement of Dredge Spoil Island Initiative for Mason boro Boat
Yard.
Mr. Barbour,
The Division of Purchase and Services, after discussion with representatives of
the Division of Coastal Management has reviewed the request and documentation for
disposition of real property in the matter of Masonboro Boat Yard dredge spoil and
concur with that division in endorsing this request.
Unless there are mitigating issues, outside the purview of this divisions' review,
please proceed accordingly with the measures required to initiate implementation of
this action per Coastal Managements request.
Should you have any questions regarding this request please feel free to cell_
me at 919-707-8527. s.:"s - `' --D
DCM WILMINGTON, NC
Cordially,
6 � e.. , c e�
FEB 1 2 2013
NorthCarolina
Naturalk
1605 Mail Service Center, Raleigh, North Carolina 27699-1605
Phone: [phone] FAX: [phone] Internet: www.admin.enrestate.nc.us/purchase/
An E;:p0QpDOtt 4IAffJnn*e Action Employer- 50% Recycled 110% Pas( Consume Paper

Fwm PO-2
Rev. Mot
Original and one cgry to State Property Of ror
STATE OF NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
DISPOSITION OF REAL PROPERTY
Institution or Agency: DENR Date: January 7.2013
The Department of Administration is requested, as provided by GS § 146-28 et seq., to dispose of the real property
herein described by purchase, lease, rental, or other (specify). Temporary disposal by means to be
determined by the State Property Office (Real Property)
This disposition is recommended for the following reasons
Masonboro Yacht Club (AKA: MBY) is requesting permission from the State of
North Carolina for disposal of dredge material within the boundary of the
Masonboro Island component of the NC Coastal Reserve and National Estuarine
Research Reserve for periodic maintenance of the MBY's marina and channel. The
N.C. Division of Coastal Management's recommendation for this project, as
managers of the reserve property for the state is summarized in the attached
memorandum.
Pending any required approvals from the US Army Corps of Engineers, the
Division of Purchase and Contracts, Property Section, currently sees no reason to
dispute this recommendation.
Description of Property: (Attach additional pages if needed)
The MBY is requesting use of existing dredge spoil cell 256 (as identified by Coastal
Management). Cell 256 compromises approximately the middle third of the dredge
spoil island that is located directly east of MBY, adjacent to the Intra-Coastal
Waterway (ICW W) and within the boundary of the Masonboro Island Reserve, a
component of the North Carolina Coastal Reserve and National Estuarine Research
Reserve located in New Hanover County. The cell is within the existing U.S. Corps
of Engineers' easement on the Reserve that parallels the ICW W. (See figure 1
provided by Coastal Management)
Estimated value:
Where deed is filed, if known: State Property Office 1321 Mail Service Center
Raleigh, NC 27699-1321.
If deed is in the name of agency other than applicant, state the name:
State of North Carolina, State Property Office
U.S. Army Corps of Engineers' easement on Masonboro Island
Rental income, if applicable, and suggested terms:
TBD by State Property Office

Funds from the disposal of this property are recommended for the following use:
TBD
(Complete if Agency has a Governing Board)
Action recommending the above request was taken by the Governing Board of,_ and is recorded in the
minutes thereof on _ (date).
signature: /.A'YKIQ? L . VZ4&42
Title: �i ectl? n Chief: DENR CPC
RECEIVED
DCM WILMINGTON, NC
FEB 12 2013

DCM Coordinator: a WQ l\ Permit #: / 3 1- 83
MAILING DISTRIBUTION SHEET
Agents: S iVl orr: S.,— — LkP1A ✓
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
W)�✓^ sS ✓
m ton
US ACOE Offices:
Washington:
Raleigh Bland
Tracey Wheeler
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington:
ave Timpy
Cultural Resources:
Renee Gledhill -Early or([e-mail])
Public Water Supply: Debra Benoy (WIRO)
Joey White (WARD)
Marine Fisheries: Anne Deaton
Jeanne Hardy
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: Tim Walton
Water Quality: Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Washington: Anthony Scarborough
Wilmington: Joanne Steenhuis — 401
Cbja�Coburn - 401
Linda e ' - Storcnwater
Wildlife Resources:
LPO:
Maria Dunn (WARD)
Fax Distribution: Permitee #:
Agent #:

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory Braxton C. Davis John E. Skvarla, III
Governor Director Secretary
MEMORANDUM
TO: Doug Huggett,
DCM Major Permit Coordinator, Morehead City
FROM: Robb Mairs
DCM Field Representative, Wilmington
� RECEIVED
THRU: Debra D. Wilson 9S
DCM District Manager, Wilmington FEB 19 2013
DATE: February 15, 2013
W14-NIM CITY
SUBJECT: Modification request
Permit No 131-83
Masonboro Boatworks, LLC (formally Masonboro Boat Yard), New Hanover County
Mr. Steve Morrison with Land Management Group, Inc. and acting agent for Masonboro Boatworks, LLC has
submitted a request to modify State Permit No. 131-83. State Permit No 131-83 was originally issued on September 13,
1983 to Ed Lowe for Masonboro Boat Yard & Marina, Inc., authorizing the development of a marina facility with
associated dry -stack facility, clubhouse and parking areas. State Permit No. 131-83 was transferred from Ed Lowe for
Masonboro Boat Yard & Marina, Inc. to Masonboro Boatworks, LLC on June 7, 2005. State Permit No. 131-83 was
modified on February 27, 2006 to allow for additional upland development, which included new dry -stack storage
buildings and associated parking area. State Permit No. 131-83 was renewed on June 13, 2006 and was due to expire on
April 30, 2008.
Masonboro Boatworks, LLC performed maintenance excavation in the winter of 2008 utilizing the spoil island
(USACE DA 256) located directly across the AIWW, which is owned by the State of North Carolina. In a letter dated
January 14, 2008 issued by Mr. James H. Gregson, Masonboro Boatworks were authorized use of the State owned spoil
island until State Permit No. 131-83 expired on April 30, 2008. State Permit No. 131-83 was then modified and renewed
on February 8, 2010 to relocate the designated spoil location to a new spoil site located approximately 1.0 mile north of
the original spoil location, which is privately owned by the Parsley family. The spoil island is also partially within the
USACE 1,000 foot right-of-way. State Permit No. 131-83 was then modified on March 16, 2010 to allow for additional
shoreline stabilization along a section of eroding shoreline adjacent to the existing dry -stack structures. State Permit No.
131-83 is due to expire on April 30, 2016.
Mr. Morrison states that Masonboro Boatworks, LLC is proposing to perform maintenance excavation this winter
within the authorized limits of the marina basin and access channel to the AIWW. Based on a recent hydrographic
survey, this would result in the removal of approximately 21,050 cubic yards of material. Mr. Morrison also requests to
allow relocation of the designated spoil site to DA 256 directly across the AIW W as done in the 2008 maintenance event.
Mr. Morrison states that the material to be excavated within the basin and access channel has been physically and
chemically tested and meets the environmental requirements for the disposal in a USACE controlled site within the
Wilmington District's jurisdiction through a Consent Agreement.
127 Cardinal Drive Fact., Wilmington, NC 28405
Phone: [phone] FAX: [phone]ntemet: www,nLcoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer

Mr. Morrison has provided copies of a memorandum from the NCDCM and the NCCR to the State Property
Office on recommendations for the use of the island, which is located within the Masonboro Island component of the
NCCR and NERR. Mr. Morrison has also provided a memorandum to the State Property Office from the NC Division of
Purchase and Services, which endorses the request of placement of the dredged spoil material onto the spoil island. A
one-time easement from the State Property Office is anticipated in early March and construction would then be initiated
(See Project Narrative, Sheets 1 through 5 and attached memos).
The agent has submitted a check (check No. 42212) in the amount of $100 for the modification request. This
office has no objections to the proposed modification request with the recommended conditions:
1. 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
conjunction with the Division of Marine Fisheries.
2. Excavation will not exceed —8.0' below mean low water.
3. The temporary placement or double -handling of excavated or fill materials within waters or vegetated wetlands is
not authorized.
4. No excavated or fill material will be placed at any time, in any marsh or surrounding waters
5. All unconsolidated material resulting from associated grading and dredge spoil placement shall be retained on site
by effective sedimentation and erosion control measures. Prior to any land -disturbing activities, a barrier line of
filter cloth must be installed between the land disturbing activity and the adjacent marsh or water areas, until such
time as the area has been properly stabilized with a vegetative cover.
6. All spoil material shall be placed at least 30' from mean high water.
7. The disturbed areas will be properly graded and provided with ground cover sufficient to restrain erosion within thirty
(30) working days of project completion.
8. Spoil area must be inspected prior to beginning work by a DCM Representative.
9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended
sediments in adjacent waters.
11. No coastal wetlands shall be filled outside the area indicated on the attached works plans.
12. The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any
maintenance work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site must be approved by a
representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee's signature shown anew on the original plan.
13. All excavated materials will be confined above mean high water and landward of regularly or irregularly flooded
marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or
surrounding waters. .- 13
""'_TY
Continued recommendations on next page

14. The disposal area effluent will be contained by pipe, trough, or similar device to a point at or beyond the mean
low/normal water level to prevent gully erosion and unnecessary siltation.
15. The terminal end of the pipeline will 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.
16. A water control structure will be installed at the intake end of the effluent pipe to assure compliance with water
quality standards.
17. 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 surrounding wetlands or waters.
18. The dike/back fill material/disposal area/disturbed areas will be properly graded and provided a ground cover
sufficient to restrain erosion within 30 working days of project completion.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required.
Enclosures
cc: Braxton Davis, DCM
Rebecca Ellin, NCNERR
Dave Timpy, USACE
Jessi Baker, DMF
Chad Coburn, DWQ
Wilmington files
RECLIWD

Mairs, Robb L
From: Laura Stasavich [[e-mail]]
Sent: Friday, February 15, 2013 1:13 PM
To: Mairs, Robb L
Cc: Steve Morrison
Subject: Masonboro Yacht Club
1 double checked the Corps' navigation data and confirmed the disposal island is DA disposal area # 256. If you could
mark through any references in the project narrative where the island is identified as # 258 and change the name to #
256, that would be great.
Thanks again!
Laura
Laura Stasavich
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
910-452-0001 (office)
91 OA52-0060 (fax)
IstasavichAlmarouo. net
RECEP✓ED
FF-i 1 9 2013
RECEIVED
DCM WILMINGTON, NC
FEB 15 2013

Masonboro Yacht Club
Maintenance Project
Winter 2012/2013
NCDCM Permit #131-83
Marina has over 100 wet slips and 45 dry slips. The marina was constructed in a man-
made basin at the confluence of Whiskey creek and the Atlantic Intracoastal Waterway
(AIWW). Vessels moored in the marina range from small skiffs to vessels over 50 foot in
length. Immediately adjacent to the marina on its south side is the Trails End Park, a
public boat ramp which utilizes the same entrance channel as MYC.
Proiect Need
The marina was originally dredged to a depth of 8.0 mean low water in 1974, with
subsequent maintenance dredging projects over the last 30 years. Currently the basin and
entrance channel have shoaled to the point that the limiting depth is 5.5 feet in the
entrance channel and 3.0 to 4.0 feet in the berths and basins. There is a current
maintenance dredging permit that was issued in 2010 and is active through 2016.
Dredging to a depth 8.0 foot throughout the basin except 6.0 foot in the small boat (<25)
slips is necessary to maintain operation of the marine and safe navigation in the channel.
The primary North Carolina Division of Coastal Management permit for the project was
issued in 1983, Permit #131-83, and includes 10 subsequent renewals or minor
modifications. Until 22010, all maintenance dredging events were permitted to place
material in DA" state owned disposal area within the USACE right-of-way directly
across the AIWW from the marina (see attached sheets). The maintenance permit
renewal in 2010 included a minor modification to place dredge material in DA 254
located approximately 2 miles north of DA ;*". oth the dredge depth and slip
configuration within MYC limit the size of dredge that can be utilized to perform the
maintenance work. For this reason, it has been found to be cost prohibitive to pump
material the nearly 3 miles from the marina to DA254. The most practical alternative is to
utilize the existing area on DA.18
for disposal, as has been done in the past.
2-54
Project Plan
The plan is to hydraulically dredge approximately 21,050 cubic yards of material from
the manp basin and entrance channel. This material will be transported via pipeline to
DAte material to be dredged has been physically and chemically tested and meets
the environmental requirements for disposal in a USACE controlled site within the
Wilmington District's jurisdiction.
The project is intended for construction in March 2013.
RECiiVZD
r i 9 2013
[, nl 911 11J7 C.
rV

Spoil Disposal
Disposal of the maWrial is planned to occur at the historic site within the USACE right-
of-way at DA-9 ere is an existing levee and spillway structure on the site. Surveys of
the site indicate that the footprint of the existing levee is sufficient to hold the volume of
material that is anticipated to be removed from the marina basin and entrance channel
with a factor of safety of 1.4.
-2511
The containment levee on DAA is of sufficient height on the northern half of the site.
However, the southern half must be raised approximately 3.0 feet to provide sufficient
holding capacity. Sufficient design capacity includes the ability to accommodate up to
305/o bulking (fluidization), 24 hrs of water retention during pumping operations to
minimize discharge turbidity, and a minimum of 2 feet of additional freeboard at project
completion.
In addition, the effluent spillway structure will need to be replaced, as the discharge pipe
is derelict. All levee improvements will be made utilizing material within the disposal site
now and conducted inside the crest of the existing levee. Thus, no new areas on the
island, nor vegetation on the exterior of the existing levee, will be disturbed.
Summary
The applicant is requesting to perform maintenance dredging at the marina facility under
the existing maintenance permit. Additionally, a minor motion is being requested to
utilize the historic confined disposal facility (DAB) or disposal. The applicant
understands that a Consent Agreement with the USACE will also be required in order to
utilize DAME$, 256
rr.C:: Pr>

Memorandum
TO: State Property Office
THROUGH: Braxton Davis, Director
FROM: Rebecca Ellin, Coastal Reserve Program Manager
DATE: December 17, 2012
CC: Allen Jernigan, Attorney General's Office
RE: Recommendation regarding Masonboro Yacht Club's Request for Disposal of
Dredged Material at the Masonboro Island component of the N.C. Coastal
Reserve and National Estuarine Research Reserve
This memorandum provides a recommendation regarding State permission for the
Masonboro Yacht Club's (MBY) request for disposal of dredged material within the
boundary of the Masonboro Island component of the N.C. Coastal Reserve and National
Estuarine Research Reserve (Reserve) for maintenance of MBY's marina and channel. This
memo constitutes a recommendation from the N.C. Division of Coastal Management
(Division), acting as managers of the Reserve property on behalf of the State. Background
information, legal authorities, and the Division's review process were provided in a memo to
the State Property Office (SPO) on November 27, 2012. We request that the SPO review this
project recommendation and provide a decision regarding State permission for this project.
A. Background
The MBY is requesting use of existing dredge spoil cell 256 for disposal of approximately
21,050 cubic yards of material. Cell 256 comprises approximately the middle third of the
dredge spoil island that is located directly east of MBY, adjacent to the Intracoastal
Waterway (ICWW) (Figure 1). The entire dredge spoil island lies within the boundary of the
Masonboro Island Reserve, a component of the N.C. Coastal Reserve and National Estuarine
Research Reserve, and within the existing U.S. Army Corps of Engineers' (Corps) easement
that parallels the ICWW. Cell 256 has periodically been utilized for disposal by private
entities and has received material as recently as 2007, when it was utilized by MBY. The
Corps has no known near term need that will require utilization of the cell (J. Annette,
personal communication, 2012). A formal consent agreement from the Corps will be required
if SPO permission is granted.
The proposed project design will retain the footprint of the diked area of cell 256 to
accommodate the disposal of the approximately 21,050 cubic yards of material and include
increasing the dike wall height several feet in certain areas, replacing the disposal outflow
pipe that drains the cell to the ICWW, and installing the spillway infrastructure. The
applicant has provided a project narrative summarizing the project and the praiect;t both ;.
DCM WILMINGTON, NC
FEB 1 2 J113

of which are attached for your reference. (Note that the narrative refers to the proposed cell -
incorrectly as cell 258; the correct cell number is 256 which is how the cell is referred to in
this memorandum and in the project plans).
B. Analysis of Prolect Impact on Reserve Resources
A survey of the project site was conducted by Reserve staff on November 14, 2012.
1. Habitats
Mid -successional shrub forest habitat was found on and adjacent to the dike walls. Plant species
present in these areas include those typical of the salt shrub and maritime shrub communities as
recognized by the N.C. Natural Heritage Program, including seaside oxeye (Borrichia
frutescens), grounsel-tree (Baccharis halimifolia), bigleaf marsh elder (Iva frutescens), wax -
myrtle (Morello cerifera), coastal red cedar (Juniperus virginiana var. silicola) and yaupon (Ilex
vomitoria). These habitats constitute buffer areas as defined in the N.C. National Estuarine
Research Reserve Management Plan (2009-2014) and surround and protect core estuarine
habitats. Based on the project design, the area outside the dike walls with these habitat types will
receive little disturbance under normal operations. Vegetation on the dike walls may be disturbed
by trimming or removal during the project to accommodate access and improvements to the dike.
Habitat within the cell includes small pockets of the above buffer habitat types; project site
preparation and sediment disposal will result in vegetation damage or destruction to these habitat
types. The cell also contains extensive areas dominated by the invasive species common reed
(Phragmites australis). It is anticipated that the project will not result in any permanent change
to the extent or density of the existing phragmites stand. This plant species is known to regrow
readily from rhizomes that can penetrate more than six feet of substrate after disturbance.
Adjacent to the west and east of the cell, areas of salt marsh dominated by saltmarsh cordgrass
(Spartina alterniora) occur, and are bordered by salt flats, mud flats, and submerged soft
bottom habitats. Together, these areas constitute core habitats as defined in the N.C. National
Estuarine Research Reserve Management Plan (2009-2014). These vital areas ensure the long
term viability of the estuarine ecosystem and contribute to the diversity of fauna, flora, and
natural processes occurring within the estuary. Access and installation of the spillway and
outflow pipe will occur along the western edge of the cell near the IC W W in the same location
utilized during previous disposal projects. Under normal operations, the project will directly
impact less than 0.10 acres of salt marsh to allow for access to the cell by heavy equipment
needed to perform dike and outflow pipe improvements. Marsh mats may be required by
Division regulatory staff to minimize impacts to the salt marsh for these purposes. Over 50 acres
of salt marsh and submerged habitats span the length of the disposal area to the east and west of
the cell and are at risk in the event normal operations are not maintained (e.g., breach of the dike
wall) as they are directly adjacent to the project site.
ii. Species Utilization
Although a thorough wildlife utilization survey is not available for the specific project area, the
site visit indicated that habitat is sufficient to support forage and roosting for a variety of bird
and small mammal species. During the site visit, a number of songbird species were seen or
heard within vegetation directly adjacent to the cell, including brown thrasher, red -winged
Page: 2

blackbird, wren spp., sparrow spp., and great horned owl. The owl seen during the survey has
been heard numerous times in the past year calling from this island and is believed to be part of
the family that roosted and raised fledglings last season on the island adjacent to the north.
Wildlife activity on the island may include eastern painted bunting as this species is known to
utilize dredge spoil areas with developed shrub forest areas. Heron and egret roosting is
common on the islands along the Reserve's western boundary. An area characteristic of roosting
was identified by the quantity of droppings present on the ground beneath appropriate vegetation.
Wildlife trails are evident in and around the diked area, indicating the presence of deer, raccoon,
rabbit, or other small mammals. The project will disrupt wildlife activity in these areas. Larger
mammals and birds may survive by fleeing. Small mammals with small home ranges may not
survive, as the project may segment travel paths between breeding or nesting and foraging areas.
ill. Research Equipment
Research equipment is located in close proximity to the proposed disposal site that is part of the
National Estuarine Research Reserve System's System -wide Monitoring Program (Figure 1). A
water quality station is located adjacent to the island to the northeast. A meteorological station is
located on the island, approximately 200 yards north of the dike wall. The direct risk to this
research equipment is low, as the project will not require equipment or activity near either
station. Similarly, the integrity of data collected during the project should not be compromised
under normal operations, as the project is designed to minimize water quality impacts, as
required by the Division and the Corps. Yet, a dike breach could impact operation of the water
quality monitoring station and disrupt the collection of normal ambient conditions data.
C. Analysis of Sediment Quality
The Corps requires a substantial sediment analysis for projects utilizing areas within their
easement to assess the physical and chemical characteristics of material to be disposed. The
analyses required by the Corps are comprehensive enough to inform our review of placement of
material on Reserve property and accordingly, if sediments are found to be acceptable by the
Corps, they are considered safe for disposal within the Reserve boundary. We do note that the
Corps analyses do not include bioaccumulation measures nor do they evaluate chemical changes
that may occur once aquatic sediments become terrestrial. Sediments from the MBY removal
area were analyzed per Corps requirements and met standards for disposal within the easement.
D. Opportunities for Beneficial }tease of Material or Hahttat Enhancement
The MBY project does not offer any unique opportunities for beneficial reuse. No nearby areas
of marsh are in need of restoration or sediment augmentation at this time. The physical
characteristics of the sediment to be disposed of are not appropriate for creating shorebird
nesting habitat, as is sometimes suggested for dredging spoils. Areas of the island outside the
dike walls were evaluated to determine if they may benefit from the presence of heavy
machinery on the island. While some areas include sediments appropriate for shorebird nesting,
natural succession is proceeding in these areas with shrub forest habitat species present. As a
result, it was determined that no beneficial reuse or habitat enhancement opportunities exist on
this island or related to this project at the present time.
Rl~i✓EVED
DCNi Yn/ILMI1NGTON, NO
FEB 1 ? iui3
Page: 3

E. Alternate Disposal Options
In the past, MBY has utilized several options for disposal of material from maintenance dredging
of the marina and channel. Several small maintenance operations have occurred in the last
decade, with material being trucked to nearby commercial facilities on the mainland. The most
recent DCM permit, issued in 2010, specifies a location north on a site that is within the Reserve
boundary, but partially in private ownership. Other privately owned disposal areas occur on
islands adjacent to the IC W W or on the mainland within 8 miles to both the north and south. Use
of cell 256 has been proposed due to proximity, reduced mobilization cost, and historic use.
F. Other considerations
The island and cell 256 lie directly across the ICW W from the Trails End Park and adjacent
residential development. The existing dike walls are nearly 20' high, but natural vegetation
external to the dike has grown such that the island and cell appears semi -natural. The project
calls for raising the height of the dike walls by several feet to provide for additional capacity in
the future. Concerns about changes to the viewshed as a result of changes to the dike walls have
been voiced to Reserve staff by an area resident.-
G. conclusion
The Division recommends granting State permission for the disposal of dredged material within
cell 256 for the MBY project per the attached project narrative. We further recommend that the
dike wall height be increased only to the extent needed for the proposed project and not to
accommodate future projects in light of the upcoming 2013 policy review of dredge disposal
projects by private entities at Reserve sites.
This project as proposed is fairly typical of private marina/boat yard disposal projects in this area
and for which State permission at the Masonboro Island Reserve has been granted previously.
The project does carry a level of risk that is inherent for this kind of project including heavy
equipment impacts on habitats, potential core habitat impacts due to dike failure, changes in the
site's topography, site soil disturbance, deposition of waste materials, and disruption of
vegetation at the site (See Division memo to State Property Office dated November 27, 2012).
We recommend that sufficient agency oversight is required in the regulatory permit for the
project duration to help reduce risk to Reserve resources and liability of the State.
We look forward to learning of your final determination on State permission for this project; and
if approved, the legal instrument to be used to allow permission and indemnify the State, as well
as any potential financial charges to be assessed.
Attachments
Figure 1. Proposed Disposal Site Map
MBY Project Narrative
MBY Plans 2012
Page: 4

Form Vo-2
Rev. IN)
OdiatW and one copy to State Properryf Qffxce
STATE OF NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
DISPOSITION OF REAL PROPERTY
Institution or Agency: N.C. Division of Coastal l4ianaeamant N C Coastal Reserve & National
Estuarine Research Reserve
vote: December 19 2012
The Department of Administration is requested, as provided by GS §146-28 et seq., to dispose of the real property
hereut desaibed by pat'chmve, lease, rental, or other (specify). Temporary disposal by means to It
determined by the State Property Office
This disposition is recommended for the following reasons:
Masonboro Yacht Club (MBY) is requesting State permission for disposal of dredged material
within the boundary of the Masonboro Island component of the N.C. Coastal Reserve and
National Estuarine Research Reserve (Reserve) forperiodic maintenance of MBY's marina and
channel. The N.C. Division of Coastal Management's recommendation for this project, as
managers of the Reserve property for the State, is summarized in the attached memorandum.
Dcseriptionof Ptvperty (Attach additional pages if needed)
The MBY is requesting use of existing dredge spoil cell 256 for disposal. Cell 256 comprises
approximately the middle third of the dredge spoil island that is located directly east of MBY,
adjacent to the Intracoastal Waterway (ICWW) and within the boundary of the Masonboro Island
Reserve, a component of the N.C. Coastal Reserve and National Estuarine Research Reserve
located in New Hanover County. The cell is within the existing U.S. Army Corps of Engineers'
easement on the Reserve that parallels the ICWW (See attached Figure 1).
&stimated value:
Where deed is filed, if known:
if deed is in the name of agency other than applicant, state the name:
State of North Carotlna State P,fone V Office
11.SAnnyCoro OfEnelneers'easement oil PARMhorolSlaml 1={EE.:.t=aVED
',CM WILMINC'TCN, NC
Rental income, if applicable, and suggesk:d terms:
SEES 1 '2 'LU13
N/A
[+ands from the disposal of this property are recommended for the following use:
N/A
(Complete ifRgeney has a Governing Board.)
Action recmrunending We above request was taken by the Cioverniag D d of and is recorded
minutes thereof on — (date). r
Signature: Title: oastai Reserve Program Manager,
N.C. Division of Coastal Management

Form PO-2
Rev. IONI
Original and one ropy to Stale Property Office
STATE OF NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
DISPOSITION OF REAL PROPERTY
Institution or Agency: N.C. DiPiaion of Coastal Management, N.C. Coastal Reserve Rc NatIonal
Estuarine Research Reserve
Date: December 19, 2012
The Department of Administration is requested, as provided by GS § 146-28 et seq., to dispose of the real property
herein described bypurchase, lease, rental, or other (specify). Temporary disposal by means to be
This disposition is recommended for the following reasons:
Masonboro Yacht Club (MBY) is requesting State permission for disposal of dredged material
within the boundary of the Masonboro Island component of the N.C. Coastal Reserve and
National Estuarine Research Reserve (Reserve) forperiodic maintenance of MHY's marina and
channel. The N.C. Division of Coastal Managemtnt's twommendation for this project, as
managers of the Reserve property for the State, is summarized in the attached memorandum.
Description of Property: (Attach additional pages if needed)
The MEY is requesting use of existing dredge spoil cell 256 for disposal. Cell 256 comprises
approximately the middle third of the dredge spoil island that is located directly east of MEY,
adjacent to the Intracoastal Waterway (ICW W) and within the boundary of the Masonboro Island
Reserve, a component of the N.C. Coastal Reserve and National Estuarine Research Reserve
located in New Hanover County. The cell is within the existing U.S. Arty Corps of Engineers'
easement on the Reserve that parallels the ICW W (See attached Figure 1).
Estimated value:
Where deed is filed, if known:
If deed is in the name of agency other than applicant, state the name:
State of North Carolina State Property Office
U.S. Army Corns of Engineers' easement on Masonboro Island
Rental income, if applicable, and suggested terms:
N/A
Funds from the disposal of this property are recommended for the following use:
N/A
(Complete if Agency has a Governing Board)
Action recommending the above request was taken by the Governing 13 of ^� andisni the,
minutes thereof on (dale). �.
Signature:
Title: tReserve Program Manager,
N.C. Division of Coastal Management

R
North Carolina Department of Environment and Natural Resources
Division of Purchase and Services
Beverly Eaves Perdue, Govemor Michael G. Bryant, Director Dee Freeman, Secretary
MEMORANDUM January 4, 2013
TO: Mr. John Barbour
State Property Office
1321 Mail Service Center
Raleigh, NC 27699-1321
FROM: James "Chris" Ivers
Capital Projects Coordinator
Division of Purchase and Services
DATE: January 4, 2013
SUBJECT: Endorsement of Dredge Spoil Island Initiative for Masonboro Boat
Yard.
Mr. Barbour,
The Division of Purchase and Services, after discussion with representatives of
the Division of Coastal Management has reviewed the request and documentation for
disposition of real property in the matter of Masonboro Boat Yard dredge spoil and
concur with that division in endorsing this request.
Unless there are mitigating issues, outside the purview of this divisions' review,
please proceed accordingly with the measures required to initiate implementation of
this action per Coastal Managements request.
Should you have any questions regarding this request please feel free. to qli_
me at 919-707-8527. R E C� I u E l_9
DCM WILMINCTON, NC
Cordially,
1605 Mail Sew ou Ce11 .Raleigh, North Carolina 27699-1605
Phone: [phone] FAX: [phone]Internet: www.admin.encstate.nc.usipurchasel
An Equal Opportunity t Affirmative Action Employer- 50% Recycled 110% Post Consumer Paper
r: 8 1 ? 2013

Pmm PO-2
Rev. 10 t
Ongiml and mw ropy,o Smm Property woe
STATE OF NORTH CAROLINA
DEPARTMENT OF ADMINISTRATION
DISPOSITION OF REAL PROPERTY
institution or Agency_ DENR Date: January 7, 2013
The Department of Administration is requested, as provided by GS §146-28 et seq., to dispose of the real property
herein described by purchase, lease, rental, or other (spec). Temporary disposal by means to be
determined by the State Property Office (Real Property)
This disposition is recommended for the following reasons:
Masonboro Yacht Club (AKA: MBY) is requesting permission from the State of
North Carolina for disposal of dredge material within the boundary of the
Masonboro Island component of the NC Coastal Reserve and National Estuarine
Research Reserve for periodic maintenance of the MBY's marina and channel. The
N.C. Division of Coastal Management's recommendation for this project, as
managers of the reserve property for the state is summarized in the attached
memorandum.
Pending any required approvals from the US Army Corps of Engineers, the
Division of Purchase and Contracts, Property Section, currently sees no reason to
dispute this recommendation.
Description of Property: (Attach additional pages if needed.)
The MBY is requesting use of existing dredge spoil cell 256 (as identified by Coastal
Management). Cell 256 compromises approximately the middle third of the dredge
spoil island that is located directly cast of MBY, adjacent to the Intro -Coastal
Waterway (ICWW) and within the boundary of the Masonboro Island Reserve, a
component of the North Carolina Coastal Reserve and National Estuarine Research
Reserve located in New Hanover County. The cell is within the existing U.S. Corps
of Engineers' easement on the Reserve that parallels the ICWW. (See figure I
provided by Coastal Management)
Estimated value:
Where deed is filed, if known: State Property Office 1321 Mail Service Center
Raleigh, NC 27699-1321.
If deed is in the name of agency other than applicant, state the name:
State of North Carolina State Property Office
U.S. Army gfts of Engineers' easetlne t* fon Masonboro Island
Rental income, if applicable, and suggested terms:
TBD by State Property Office

Funds from the disposal of this property are recommended for the following use:
TBD
(Complete ifAgency has aGoverning Board)
Action recommending the above request was taken by the Governing Board of _ and is recorded in the
minutes thereof on _ (date).
Title: echon Chief: DEIVR CPC
REC.Ei V ED
DCM WILMINGTON, NC
FEB 1 2 2013
� I i

Project Name
Assigned to l'yw-e (/
m(7o% ,Joa IC
fn ,�cr Mid
ors/ 13 1-?'�
Assigned on L9VzS-' /-3
ACTIONS
Prepare for signature following review by other Assistant Major Permits Coordinator
Date draft permit given to other Assistant Major Permits Coordinator
Date reviewed by other Assistant Major Permits Coordinator
ePrepare draft for review by Major Permits Coordinator
Date draft permit given to Major Permits Coordinator
Date reviewed by other Major Permits Coordinator
Other
I Z'P* Qr(Jr01,( A611-n vs9c�
C f ✓r,�sf 6o ounq
Written approval from DWQ is is no required for this project.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS, OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
March 18, 2013
Regulatory Division
Action ID No. SAW-2006-40170 and State Permit I4o. 131-83
Masonboro Yacht Club and Marina
609 Trails End Road
Wilmington, North Carolina 28409
Dear Sir/Madam:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request for a minor modification to your Department of the Army (DA) permit
originally issued on October 3, 1983, which authorized maintenance of marina facilities on
Whiskey Creek and the AIWW, near Wilmington, New Hanover County, North Carolina. The
requested modification consists of a change in the location of the disposal area to allow spoil
disposal in ACOE Spoil Disposal site DA#256, all as expressly set forth in the work plans.
The proposal continues to be consistent with the provisions and objectives of general permit
No. 198000291(copy enclosed). The permit is hereby modified. It is understood that all other
conditions of your permit remain applicable and will expire April 30, 2016.
If you have any questions or comments you may call me at [phone].
Sincerely,
;44�
Dave Timpy,Troject Manager
Wilmington Regulatory Field Office
Enclosure
RECEIVED
MAR 2 0 2013
DCM-MHD CITY

-2-
Copies Furnished (without enclosure):
Chief, Source Data Unit
NOAA/National Ocean Survey
Attn: Sharon Tear N/CS261
1315 East-West Hwy., Room 7316
Silver Spring, Maryland 20910-3282
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Debra Wilson, District Manager
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RECEIVED
MAR 4, 0 2013
PIYL6J.i:N7 61W

MDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Pat McCrory
Governor
Masonboro Yacht Club & Marina hie.
609 Trails End Rd.
Wilmington, N.C. 28409
Dear Sir or Madam:
Braxton C. Davis
Director
March 12, 2013
John E. Skvarla, III
Secretary
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and 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.
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 requires 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 would be 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.
Ptigry.� Sincerely,
a."a'"''r�fTb4l�%y'A.f�-C.- 4 a U-'rfe .yf+-�Rrc„�ye!.yRy9
W' FJif.P
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Ave., Morehead City, NC 28557
Phone: [phone] FAX: [phone] Internet: www.nocoastalmanagement.net
An Equal opportunity l Affnnative Action Employer

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Aerial Photo from New Hanover County 2010
293-A Ham ar«e Wacaws Orfn
—
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Horizontal Datum: North Carolina State Plane NAD83
Wolin tooNC 26403 910.313.3336
Vertical Datum: Mean Low Water (MLW) Beaufort Datum
Dwg Data: 09/10/12
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MAINTENANCE DREDGING
Survey performed by Cahagan a Bryant Associate'
Surrey Date: 09/5-6/12
on Sept 5-6. 2012 and represent conditions at that Nme.
Disposal Area #256
NAVD 1988
Drawn By: ANL Checked By: CL0
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293-A Horn Omn mosdaa Orlre
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Horizontal Datum: North Carolina State Plane NAD83
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Survey Date: 09/5-6/12
—
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Drawn Or. AWL Checked By: CLD
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SRN VIEW — New Dike Construction
soak: 1' = 100'
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1.54 it MEAN LOW WATER
Drawing Name: NBYC.DWD
Scale: 1" = 100' Shed 5 of 5
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New Hanover County, North Carolina
MAINTENANCE DREDGING
FALL 2012
PERMIT DRAWINGS
GAHAGAN $ BRYANT ASSOCIATES
of NORTH CAROLINA, PLLC.
295—A N. Green Meadows Dr.
Wilminqton, NC 28405
Tel: -910.313.3338
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Notes: f Me, P..,,.,.,....n
Aerial Photo from New Hanover Count 2010 athQ PLLC
Y 295-A KarTh arson Msoe9M Dow
Hari2ontal Datum: North Carolina State Piano NAD83 W1 on BC 281e5 910.313.333E
Vertical Datum: Mean Law Water (MLW) Beaufort Datum Dog Dole: 09/10/12
Survey performed by Cohagan & Bryant Associates Survey Date: 09/5-6/12
on Sept 5-6p 2012 and represent conditions a1 that Hme.
NAVD 196E Drawn By: AWL Checked By: CLG
0' 25`�sa�ina' 1,00 ft NCVO 1929 Drawing Name: WBYC.DWG
Scale: I- = loop 1,54 ft
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?tt� VIEW — Exisitng 6athymetry & Contours
Notes:
Aerial Photo from New Hanover County 2010
Horizontal Datum: North Carolina State Plans HAD83
Vertical Datum: Mean Low Water (MLW) Beaufort Catum
Survey performed by Gahagan k Bryant Associates
on Sept 5-6, 2012 and represent conditions at that Hens.
25' S[r
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MEAN LOW WATER
of INC, PLLC
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Wlentielon, NC 26496 210,311333
Deg Date: 00/10/12
Survey Date: 09/5-6/12
Drawn By. AWL Checked By: CLG
Orawfng Name: WSYC.DWG
Seale: i' = 100' Sheol 4 of 5

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} Vertical Datum: Mean Low Water (MLW) Beaufort Datum Dwg Date: 00/10/12
MAINTENANCE DREDGING Survey performed by Cahagon k Bryant Associates Survey Dale: D8/31 /72
on August 31, 2012 and represent cand'dfons at that time.
MBYC MARINA NAVD 1988 Drawn By: AML Cheaked By: CLG
PLAN VIE — Dredge Templates and Volumes a 25® DD rt NGVO 1929 6rowing Nome: NBYC.OWG
9 P Scale: 1' = ID0 1.54 ft
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