131-83 Minor Mod/Amended 2022 Masonboro Yacht Club and Marina

Permit Class
AMENDED
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Verint't
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
131-83
Issued to Masonboro Yacht Club and Marina Inc. 609 Trails End Road, Wilmington, NC 28409
Authorizing development in New Hanover County at adjacent to Whiskey Creek
, as requested in the permittee's letter dated 7/6/22, including attached
work plan drawings (9) Sheet 1 of 9 dated 7/15/22 and Sheets 2-9 of 9 dated 12/8/21.
This permit, issued on December 2, 2022 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 suoject to rmes, imprisonment or civil action; or may causc u1e pcnn t to uc ❑wi auu V VIu.
USACE Conditions
1) Prior to the excavation or disposal of any newly excavated dredge material, the permittee shall obtain
a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator
prior to any crossing of the Corps easement and/or prior to commencing construction of any
structures, authorized dredging or other work within the right-of-way of, or in proximity to, a
federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N,
69 Darlington Avenue, Wilmington, North Carolina 28403, or by email at SAW Web-
Navgusace.armv.mi1.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
April 30, 2026
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 DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Masonboro Yacht Club and Marina, Inc Permit No. 131-83
Page 2 of 3
ADDITIONAL CONDITIONS
2) The permittee is advised to follow all required U.S. Army Corps of Engineers regulations whether or not
such commitments are addressed by individual conditions of this permit. If the dredge material disposal
site changes, the permittee shall contact the Division of Coastal Management prior to the initiation of
dredging activities for additional authorization.
Easement
NOTE: Pursuant to N.C.G.S. 146-12, the permittee may apply to the Department of Administration's
State Property Office for a voluntary easement for structures located over or upon State-owned
lands covered by navigable waters.
3) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
4) 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.
5) The applicant shall stake the surveyed Flying Turtle Farms, LLC. property boundaries before,
commencement of any development.
6) Immediately following the completion of all spoil material deposition at the approved dredge material
disposal area, the discharge pipe located within the USACE easement shall be removed and the
constructed trench shall be restored to pre -disturbance conditions along with any other disturbed areas
outside of the Flying Turtle Farms, LLC property boundaries.
7) No dredge material shall be placed within 30 feet of the normal high-water line.
8) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.
9) 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. The barriers shall be maintained and functional until the
site is graded and stabilized.
10) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low/normal water level to prevent gully erosion and unnecessary siltation.
11) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.

Masonboro Yacht Club and Marina, Inc Permit No. 131-83
Page 3 of 3
ADDITIONAL CONDITIONS
12) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
13) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Sedimentation and Erosion Control
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) This Minor Modification shall be attached to the original Permit No. 131-83, which was issued to the
permittee on 9/13/83, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
18) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2006-
40170.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 20221255.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS l 13A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
131-83
Issued to Masonboro Yacht Club and Marina Inc 609 Trails End Road Wilmington, NC 28409
Authorizing development in New Hanover County at adjacent to Whiskey Creek
, as requested in the permittee's letter dated 7/6/22, including attached
work plan drawings (9) Sheet 1 of 9 dated 7/15/22 and Sheets 2-9 of 9 dated 12/8/21.
This permit, issued on November 30, 2022 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e suplect to rmes, umprsuntueur ut cwu auILLu, u1 umy �auac ..,.. Y�.....� �....� ............ .......
USACE Conditions
1) Prior to the excavation or disposal of any newly excavated dredge material, the permittee shall obtain
a Consent to Cross Government Easement from the Wilmington District's Land Use Coordinator
prior to any crossing of the Corps easement and/or prior to commencing construction of any
structures, authorized dredging or other work within the right-of-way of, or in proximity to, a
federally designated disposal area. The Land Use Coordinator may be contacted at: CESAW-OP-N,
69 Darlington Avenue, Wilmington, North Carolina 28403, or by email at SAW Web-
Nav usace.army.mil.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2025
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed oy the aumonty of me �,ecreiary or Uny MILL Ito �uau
of the Coastal Resources Commission.
-� For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Masonboro Yacht Club and Marina, Inc Permit No. 131-83
Page 2 of 3
ADDITIONAL CONDITIONS
2) The permittee is advised to follow all required U.S. Army Corps of Engineers regulations whether or not
such commitments are addressed by individual conditions of this permit. If the dredge material disposal
site changes, the permittee shall contact the Division of Coastal Management prior to the initiation of
dredging activities for additional authorization.
Easement
NOTE: Pursuant to N.C.G.S. 146-12, the permittee may apply to the Department of Administration's
State Property Office for a voluntary easement for structures located over or upon State-owned
lands covered by navigable waters.
3) An Easement from the Department of Administration's State Property Office may be required under
N.C.G.S. 146-12(e). The permittee shall contact the State Property Office prior to the initiation of
construction of any structures over state-owned submerged lands to determine if such an easement will
be required. Any required easements shall be obtained, and a copy provided to the Division of Coastal
Management, prior to the construction of any new boat slips or other docking facilities authorized under
this permit.
4) 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.
5) The applicant shall stake the surveyed Flying Turtle Farms, LLC. property boundaries before
commencement of any development.
6) Immediately following the completion of all spoil material deposition at the approved dredge material
disposal area, the discharge pipe located within the USACE easement shall be removed and the
constructed trench shall be restored to pre -disturbance conditions along with any other disturbed areas
outside of the Flying Turtle Farms, LLC property boundaries.
7) No dredge material shall be placed within 30 feet of the normal high-water line.
8) The diked disposal area shall be constructed a sufficient distance from the normal high-water level or
any marsh and sufficiently maintained to eliminate the possibility of dike erosion or dredge material
deposition into surrounding wetlands or waters.
9) 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. The barriers shall be maintained and functional until the
site is graded and stabilized.
10) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal low/normal water level to prevent gully erosion and unnecessary siltation.
11) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.

Masonboro Yacht Club and Marina, Inc Permit No. 131-83
Page 3 of 3
ADDITIONAL CONDITIONS
12) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.
13) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.
Sedimentation and Erosion Control
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
16) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
17) This Minor Modification shall be attached to the original Permit No. 131-83, which was issued to the
permittee on 9/13/83, as well as all subsequent modifications, refinements, and renewals, and copies of
all documents must be readily available on site when Division personnel inspect the project for
compliance.
18) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2006-
40170.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 20221255.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.

v"te'o' v'_'O�
DCM Coordinator: I ,� rr1 i Permit #: 71 — S 7
MAILING DISTRIBUTION SHEET
Permittee: Sar t � `6� .k 0 �6 A ftov-_ 609 Tta'1 s 6,4 ��j "IV". N� z8�tog
Agents: 1>��J:��n.-.
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City Wilmington (OBJECTIONS )
US ACOE Offices: Tc�
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley at [e-mail]
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD)
Marine Fisheries: Kim Harding Jimmy Harrison
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Robert Tankard-401
Glenn Stewart - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)
John Perry-401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

ROY COOPER
Governor
ELIMETH S. BISER
Secretary
BRAXTON DAVIS
Director
Y%A
NORTH CAROLINA
EnvrronmentarQuarrty
Cameron Luck, DCM Major Permit Assistant Coordinator, MHC
FROM: Bryan Hall, DCM Field Representative, Wilmington
THRU: Tara MacPherson, DCM District Manager, Wilmington
DATE: August 8, 2022
SUBJECT Permit Modification Request to State Permit No.131.83, Masonboro Yacht Club and Marina,
Inc., 609 Trails End Road, Wilmington, New Hanover County
Debbie Wilson, acting agent for Masonboro Yacht Club and Marina, Inc. is requesting a Minor Modification
to State Permit No.131-83. This request was submitted in a letter received by DCM on July 8th, 2022.
Along with the request for the.minor modification, the agent submitted a "Dredge Material Disposal
Agreement' with the property owner, a "Consent to Easement Structures" authorization from the USAGE, a
"Right of Entry" from the State Property Office, and nine (9) drawings associated with the application, dated
as 1218/2021, and received by DCM on July 8+h, 2022. This minor modification request was accepted as
complete on August 1, 2022 with the delivery of the updated drawings showing the surveyed property
boundaries.
CAMA Major Permit No.131-83 was issued on September 13, 1983, to Masonboro Boatworks, LLC c/o Ed
Lowe for a commercial marina facility at 609 Trails End Road in Wilmington, New Hanover County. State
Permit No.131-83 was transferred from Masonboro Boatyard and Marina, Inc. to Masonboro Boatworks,
LLC. in 2006 then subsequently transferred to Masonboro Yacht Club and Marina, Inc. in 2016. State
Permit No.131-83 has been modified numerous times and continuously renewed. State Permit No. 131-83
is due to expire on April 30, 2026. i
The applicant is requesting a minor modification to the permit to allow for a change in the permitted spoil
site. Previous excavation events associated with Major Permit 131-83 were deposited at USACE DA-256,
which due to changes in USAGE policy, is no longer available for use in private spoil disposal. The
applicant has proposed to create a new spoil disposal site on uplands immediately adjacent to DA-254
which is located west of Masonboro Island adjacent to the AIWW (see cover sheet "Disposal Area #254").
The parcel is owned by Flying Turtle Farms, LLC. c/o Richard Johnson. For the creation of the spoil site,
the applicant is proposing to construct a new dike along the common property line of the USAGE and Flying
Turtle Farms, LLC parcel as well as a new spillway and discharge pipe to be placed in the f t of
the previous pipe of USAGE DA-256 (see Sheet 2 and 3 of 9). The applicant estimaiR a city
of the proposed spoil site to be approximately 44,600 cubic yards. The proposed work falls entir l ithin
AUG 12 ULL[[
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

the 575' ORW Area of Environmental Concern as measured from Mean High Water from the AIWW (See
Sheet 1 of 1).
The applicant states that upon completion of the proposed spoil site, approximately 28,000 cubic yards
would be removed from Masonboro Yacht Club and Marina in accordance with State Permit No. 131-83
and be placed at the new constructed spoil site.
Per USACE and NC Coastal Reserve request, after completion of all spoil material deposition, the
discharge pipe located within the USACE easement shall be removed and the trench would be restored to
pre -disturbance conditions along with any other disturbed areas outside of the Flying Turtle Farms, LLC
property boundaries. The access path and construction of the outfall pipe may result in temporary impacts
to coastal wetland species. Wetland mats would be required if crossing any coastal wetlands. The applicant
shall stake the surveyed Flying Turtle Farms, LLC. property boundaries before commencement of any
development.
The proposed modifications appear to be CONSISTENT with NCAC 07H .0208(b)(1), which includes the
specific use standards for dredging projects. This office would have no objection to the modification of State
Permit No. 131-83, provided it is consistent with all other local, state, and federal regulations. David
Christopher, manager and dockmaster for Masonboro Yacht Club and Marina, Inc. has submitted a
cashier's check (check No. 831235) in the fee amount of $100.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the New Hanover County
LPO provide any comments that your agency may have on the proposed project to Cameron Luck
of DCM's MHC office within 14 days of receipt of this memo.
Enclosures / c/
cc: DCM-MHC USACE NHC DWR City of Wilmington
RECEIVED
AUG 122022
MP SECTION
DCM MHD CITY
D_E QZ North Carolina Department of Emhonmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405
R -�.�� 910.796.7215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Masonboro Yacht Club & Marina, Inc.
Mailing Address:
Phone Number:
Email Address:
609 Trails End Road
Wilmington, NC 28409
[phone]
[e-mail]
I certify that I have authorized Debbie Wilson, Agent
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Marina dredging
at my property located at 609 Trails End Road, Wilmington, NC 28409 ,
in New Hanover County.
I furthermore certify that 1 am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
,--
Print or Type Name RECEIVED
pee— G AUG 122022
T �tle
9 / 1 / 2021 Mp SECTION
Date DCM MHD CITY
RECEIVED
This certification is valid through 1 I
JUL 0 8. 2022
DCM WILMINGTON NC

Petmit Class
RENEWAL/
MAINTENANCE-5
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
131-83
Issued to Masonboro Yacht Club and Marina Inc 609 Trails End Road Wilmington, NC 28409
Authorizing development in New Hanover County at adjacent to Whisky Creek
, as requested in the permittee's application letter dated 3/6/21.
This permit, issued on April 27 2021 , is subject to compliance with the application (where consistent
...7ti, thn nnrmit) all annlicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e subiect to
or civil action; or may cause the perm" w oe nuu aim vulu.
1) This Renewal shall be attached to the original of Permit No. 131-83, which was issued to the
pennittee on 9113/83, as well as all subsequent renewals, and modifications, and copies of all
documents shall be readily available on site when a Division representative inspects the project for
compliance.
2) All conditions and stipulations of the active permit remain in force under this Renewal.
(See attached sheet for additional conditions)
This permit action may be appealed by me permrnee or
other qualified persons within twenty (20) days of the issuing
date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
April 30, Z026
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This pFi jlsrpgditions are hereby accepted.
R nei� L) ReCEIVED
AUG 12202Z JUL 0-8 Z02Z
MP SECTION tlyp of Permittee
....I 'a�M WILMING%

Permit No.131-83
Masonboro Yacht Club and Marina, Inc. Page 2 of 2
ADDITIONAL CONDITIONS
Maintenance Clause
3) 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.
indicating the area to be maintained, the
C. A copy of the original permit plans with cross -hatching in
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 shall 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.
NOTE: The U.S. Army Corp of Engineers has assigned the proposed project COE Action Id. No. SAW-
2006-40170.
NOTE: The N.C. Division of Water Resources has assigned the proposed project D WR Project No. SW8
940912.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
RECEIVED
AUG 12ZOR
Mp SECTION
DCM MHD CITY
RECEIVED
JUL 98-2M
®CM WILMINGTON, NC

Debbie Wilson
P. 0. Box 16275
Wilmington, NC 28408
[phone]
debbiew75a.charter.net
July 6, 2022
N. C. Division of Coastal Management
c/o Bryan Hall, Field Representative
127 Cardinal Drive, Ext.
Wilmington, N. C. 28405
Dear Mr. Hall,
As acting agent for Masonboro Yacht Club and Marina, Inc. (State Permit # 131-83) located at 609
Trails End Road, and Richard Johnson (State Permit #64-03) located at 7601 Masonboro Sound
Road, both are adjacent to the AIWW in New Hanover County, I am requesting a Minor
Modification to both permits for the location of and improvements to their spoil disposal site.
State Permit #131-83 (Masonboro Yacht Club and Marina, Inc.) was originally issued on 9/13/83
and has been continually renewed and modified since with the most recent renewal issued on
4/27/21 for the Maintenance Excavation of the existing marina and entrance channel and is due to
expire on 4130/26.
State Permit #64-03 (Richard Johnson) was originally issued on 5/27/03, has been continually
renewed with the most recent renewal issued on 12/8/20 for the Maintenance Excavation of an
existing boat basin and entrance channel and is due to expire on 12/31/25.
Previous excavation events used the CORPS AIWW DA-256 for the spoil `disposal site however,
the CORPS has since eliminated the use of their spoil islands for public use. Therefore, we are
requesting a Minor Modification to State Permit #131-83 and #64-03 to change the spoil disposal
site to a privately owned property located immediately adjacent to DA-254 which is located south
of Masonboro Inlet and west of Masonboro Island at the confluence of Banks Channel and the
AIWW. The property is a 9.26-acre parcel owned by Flying Turtle Farms LLC c/o Richard
Johnson. A copy of the contract authorizing the use of the spoil site between the property owner
and the Marina is included in this request.
It has been numerous years since DA-254 was used for spoil disposal and the last deposition also
included the Flying Turtle Farms, LLC parcel at that time. Therefore, improvements must be made
to the property prior to deposition which includes construction of a new dike along the common
property line of the CORPS and the Flying Turtle Farms, LLC parcel as well as the installation of
a new spillway and discharge pipe which will be located in the same footprint of the previous pipe
which has almost completely disintegrated. Upon completion of the new dike system, the estimated
holding capacity of the spoil site will be approx: 44,600 cubic yards.
RECEIVED RECEIVED
AUG 122`��Z JUL 08 2022
Mp SECTION DCM WILMINGTON, NC
DCM MHD CITY
L_

Please note that as per verbal request from the CORPS, after all spoil material deposition has been
completed, the discharge pipe located within the CORPS easement will be removed and the trench
will be filled in and restored to pre -disturbance conditions as well as any other areas beyond the
property boundary of the Flying Turtle Farms, LLC property.
The proposed timeline for the project is as follows:
• As soon as all authorizations are obtained, work will commence for the disposal site
improvements. This will allow the dike walls to somewhat compact and settle out over the
summer.
• Excavation of Mr. Johnson's boat basin and access channel (approx. 1,500 cubic yards of
material to be removed under State Permit #64-03) will commence as soon as the
moratorium is lifted in the fall and spoils will be deposited on the spoil site.
• Upon completion of Mr. Johnson's project excavation will then commence at Masonboro
Yacht Club and Marina (approx. 28,000 cubic yards to be removed under State Permit
#131-83) and deposited on the spoil site.
• Upon completion of all excavation and deposition, all disturbed areas beyond the Flying
Turtle Farms, LLC property boundary will be restored to the requirements of the CORPS
and the NC Coastal Reserve.
Consents have been obtained from the NC State Property Office as well as the CORPS for the right
to access and right to construct and copies are enclosed. A Cashier's Check (#831235) for Major
Permit #131-83 and Check (#2113) for Permit #64-03 in the amount of $100 each are enclosed to
cover the Minor Modification fee. Please feel free to contact me if you need any additional
information or have any questions or concerns.
Sincerely,
P,-�. =
Debbie Wilson
Enclosures
RECEIVED
RECENED jUL 0$ 2022
AUG 122022
DCM WII.MINGTON, NC
MP SECTION
DCM MHD CITY

DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
SAVANNAH DISTRICT
Consent No. DACW21-9-22-0062
Project: Atlantic Intracoastal Waterway
Tract No. 3E
CONSENT TO EASEMENT STRUCTURES
WHEREAS, the United States, has acquired a perpetual easement and rights over Tract No. 3E.
Atlantic Intracoastal Waterway Project, North Carolina, from State of North Carolina, by virtue
of Easement Deed, recorded at Brunswick County on November 29, 1929, Book 207, Page 316;
and
WHEREAS, said casement, grants to the United States a perpetual right-of-way
for said waterway as hereinbefore specified over and through the hereinafter described tract or
tracts of land, together with the right to enter upon, excavate, cut away, and remove any all of
said land as may be required at any time for the construction and maintenance of the said Intra-
coastal Waterway, or any enlargement thereof, and to perpetually maintain the portion so
excavated and the channel thereby created, as a part of the public navigable waters of the United
States; and the further perpetual right and easement to enter upon, occupy and use any portion of
said tract of land not so excavated and converted into public navigable water as aforesaid, for the
deposit of dredged material, and for such other purposes as may be needful in the preservation
and maintenance of the said Intra-Coastal Waterway, in and to the following described tract or
tracts of land situated in Brunswick County, North Carolina, which area is under the
administrative control of the Wilmington District, Corps of Engineers.
WHEREAS, the United States has been requested to give consent to construct a shared cross
dike using soil material from Disposal Area 254. Material'from the Disposal Area 254 should be
used to create the dike within the easement and material outside the dike should be used to create
the dike outside the easement on the above identified Tract.
NOW THEREFORE, the United States hereby gives consent to Mr. Richard Johnson to
construct a shared cross dike using soil material from Disposal Area 254. Material from the
Disposal Area 254 should be used to create the dike within the easement and material outside the
dike should be used to create the dike outside the easement at the location shown on EXHIBIT
"A" attached hereto;
PROVIDED HOWEVER, that this consent is subject to the following conditions:- RCEIVED
vmt f% IE�
L`1.L2 JUL 08 2022
pUG 12
1 DCM WILMINGTON, NC
OF SECTION
QGM MHD Gft
--

1. All activities conducted on the premises shall comply with all applicable Federal,
state, county and municipal laws, ordinances, and regulations wherein the premises are located.
2. The giving of this consent does not in any way subordinate the United States' prior
easement rights. The United States shall in no case be liable for any damage or injury to the
structures herein consented to, which may be caused by any action of the United States under its
easement, or that may result from the future operations undertaken by the United States, and no
claim or right to compensation shall accrue from such exercise of the United States' easement
rights.
3. The United States shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the consented activity.
4. This instrument is effective only insofar as the rights of the United States in the
premises are concerned; and the grantee shall obtain such permission as may be required on
account of any other existing rights. It is understood that this consent does not eliminate the
necessity for obtaining any Department of the Army permit which may be required pursuant to
the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat 1151; 33
U.S.C. ❑ 403), Section 404 of the Clean Water Act (33 U.S.C. Section 1344) or any other permit
or license which may be required by Federal, state, interstate or local laws in connection with use
of the premises.
IN WITNESS WHEREOF; I have hereunto set my hand by authority of the Secretary
of the Army, this 7th day of July, 2022.
BUATfE.CARLA.JEAN.1144 Digitally signed by
BIIATTECARLAJEAN.1144090094
090094 Date: 2022-07.070"9A0-WOO'
Carla J. Buatte
Chief, Management and Disposal Branch
Real Estate Contracting Officer
RECOVER
I;ECE►VED JUL 08 20'1z
AUG 1220Lt.
pCM WILMINGTON, NC
Z MP SECTION
DCM MHO CITY

4-4
THIS CONS NT is also executed by the grantee this �_ day
of �. C 2022.
Richard Johnson
BY: �� r
PRINT AME: I\it,(�c
RECEIVED
RECEIVED
AUG I22022
JUL 0_-8..?W
MP SECTION
OCM MHD CITY ®CM WILMINGTON, NC

<>
0.°
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f � e
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*y
Department of Administration
State Property Office
Tim Walton I Director
June 22, 2022
Flying Turtle Farms, LLC
do Richard Johnson
7601 Masonboro Sound Road
Wilmington, NIC 28409
Re: Right of Entry; Masonboro Island Reserve
New Hanover County
Dear Mr. Johnson:
Roy Cooper I Governor
Pamela a. Cashwell I Secretary
Please consider this letter authorization for Flying Turtle Farms, LLC to go upon State
lands allocated to the Division of Coastal Management for the purpose of a spoil disposal project
as shown on attached letter dated June 2, 2022. By acceptance of this right of entry, evidenced by
the performance of work on the property, Flying Turtle Farms, LLC indemnifies and holds
harmless the State of North Carolina for injury, loss or damage arising out of the actions of
Flying Turtle Farms, LLC, its agents, or contractors performing work on the premises.
It is our understanding that this right of entry has been requested in the interest of time.
This right of entry is granted subject to all necessary Federal, State, and local permits or approvals
required for the proposed project.
If we can assist you further, please advise.
Mal"
1 glll all gan i€a taatar
Ralalgh, NO 97690s1411
Sincerely,
�
Mike Moser
General Real Estate Manager
RECEIVED
AUG 122022
MP SECTION
;.d DCM MHD CITY
k€h��IR:ht:�gs
RECEIVED
JUL 0 S 2022
DCM WILMINGTON, NC
Ota€i®a
116 Was€ J®aaa hia I Ral0hs N0 h9�gs
ti9d=�4+6�® i

DREDGED MATERIAL DISPOSAL AGREEMENT
TIES DRMGED MATERIAI. DISPOSAL AGUEMENT (the "AgIumea ) is made
and entered into effective as of the A S day of J'C 2021 (the "Mc&e Date') by
and between N2sonboro Yacht Club & Marina, Jac. a -Ieatl%
CarolinaA4L�a ar; - corporation etMY(,,'j, yWng Turtle Farmos. LLC, a North Carolinas
limited liability company j."Flying Turtle') and Richard Johmon and wife Carole F. JOhnsom
(collectively "Johnson") (each a "Party" and collectively the Parties').
RECITALS-
A- N1YC is the owner of a marina located on Masonboro Sound: New Hanover
County, North Carolina (the "Mat ,)- MYC°s street address is b09 Trails End Road
Wilmington, N.C.28409.
S. Flying Turtle is the owner of an approximately 9.40 acre property Wbich comprises
part of a spoil island (the "Spoil Islandl located on Masonboro Sound, New Hanover County,
North Carolina The approximately 9 a0 acres owned by Flying Turtle (the "Spoil Island
Property') eras acquired from Parsley dnvesancnas, LP by decd recorded in Book 62?5, Page 796
of the flew Hanover Conroy Registry. An aerial map shoving the general location of the Spoil
Island and the Spoil Island Property isattachcd as£xhibit A and incorporated herein by reference-
C. Johnson is the owner of property on Masonboro Sound, revs Hanover County;
North Carolina with an address of 7691 Masonboro Sound Road (the " Johnson Property"). Ti3z
Johnson property has various improvernenrs. including a house, dock, boat basin and other
amenities. Johnson is also the principal owner of Flying Turtle.
D- 1vfYC desires to dredge the Marim basin and deposit the dewater slurried material
drudged from the Marina basin 0he -Dredged Material') in a diked disposal a= located on rite
Spoil Island.
E. Flying 'furde is willing to have MYC deposit the Dredged Material on or in a
designated disposal am on the Spoil Island. Property, provided ivlYC, at its sole cost and experts.
engineers and constructs a diked levee system to contain the Dredged Material, pays for the
disposal of the Dredged Material, and otherwise cnro»I ies with the terms and conditions set forth
in this Agreement,
F. MY'C is agrecable to those turns and conditions -
NOW, THEREFORIv, in consideration of the mutual promises and covenants contained
in this Agreemcnt and other good andvaluablc consideration, the rece'Pt and sufficiency ofwhkb
are aclmotvlcdgcd, the Panics agree as follows:
RECEIVED RECEIVED
3192"50 AUG 12Z022 JUL 0'8'2DZZ
MP SECTION DCM WILMINGTON. NC
DCM MHD CITY

5, COMPENSATION. MYC will pay Flying Turtle the stun of $3.00 for each cubic vard
of Dredged Material deposited in the Disposal Area. The amount of cubic yards deposited shall
be determined by surveys which accurately show the amount of Dredged Material deposited and
the cost of such surveys shall be at MYC's sole eVense. For each disposal event, payment shall
be duo in two inslaiimetlts. The first such installment shall be fifty percent (SO"/o) of the amount
of Dredged Material which MYC estimates will be deposited in the Disposal Area- This 50%
payment shall be made no rater than 30 days prior to the beginning of the disposal event The
second installment slmll be the retraining balance due. This second installment shall be paid no
later than 30 days after the completion of the disposal event.
6. ACCESS. MYC and its contras or(s) shall have fall, unobstructed access to the Spoil
Island Property at all times t'easonably necessary for the completion of the Dike System turd
placement of the Dredged lvfaterial in the Disposal Area, and any other access necessary to
comply with its obligations herein.
7. ColbpLIANCE WITH REGULATORY REQUIREMENTS. In conjunction with
the construction of the Dike System, deposal of the Dredged Material and all other activities
contwopiated herein, MYC and is agents and contractor(s) shall, at all tisza (a) comply in full
with all applicable laws, rules, regulations, or other regulatory requirements and (b) obtain any
and all necessary permits, licenses, consents or other required regulatory approval. This shall
include, but not he limited to, any consent, permit or approval required from the State of Nord:
Carulina or any ofits agencies, Including the Department of Environment and Natural Resources,
Division of Coastal ivlamgemerrL any consent, permit, or other required regulatory approval
required by the tJ S Army Coups of Engineers (" Corps') or other federal regulatory agency, and
any consent, permit or other required rcgulatnry approval from any local government or other
agency with jurisdiction.- All such permits or consents (with the exception of any permits related
to the dredging of the Johnson Property) shall be in NM's name and neither Flying Turtle nor
Johnson shall have any responsibility therefore In addition, vIYC, its agents and contrad:xr{s}
shall at all times avoid any rmpermtssible infringement of the Corps' right of tvay easement or
the Stare of North Catalina s property in:cmts wnd trnfng the Spoil Island.
rial
g, No HAZARDOUS SLrBST_ANCES_ MYC shall ensurethattlone ofthed redged � ,Mar or
contains hazardous or other toxic substances, except asexpressi; permits
teaulation.
9. INOWsIMTY. L% YC. on behalf of il%7elf its officers, agents, employees and contractors.
agrees to indemnify and hold harmless Flying Turtle, Johnson and their respective officers.
memb :s. managers, employees> representatives, and agents (the'hidemnified Parties') , from
and against any and all liability, loss, penalticx, darnaj;o, claim, �e>es of aetimi. or expenses
(including reasonable attomd ys' fees), arising out of any activities of MYC, its officers, agents,
employees and contractors in connection `Math this Agreement' Including>not lirniteleg-A]
any liability, toss, damage or penalty atising oft of any failure to comply y applicable
or regulatory requirement (b) any fail»rc to obtain or comply with any required pcmriL license,
consent or regulatory approval (c) alty uncomentcd to infringement of the Corps right of wry
easement or the State of North C arolina`s interest in the Spoil Island and surroarding
RECEIVE=pers (d)
318521 RECEIVE®
AUG 1221-1 JUL 0`0 2022
MP SECTION DCM WILMINGTON, NC
_ MHD CITY

IS. DISPUTE RESOLUMNI
15.1 The Parties wM attempt in good faith to resolve through negotiation any dispute,
claim or controversy arising out of or relating to this Agreement Either Party may initiate
negotiations by providing written notice to the other Party, setting forth the subject of the dispute
andthe relief requested. The recipient of such notice will respond in writing within tat (10) days,
15.2 If the dispute is not resolved by this exchange of correspondence, then
representatives of eaehPariy with full scttlr:ment authority +rill meet (or confer by teleconference)
at a mutually agreeable time and place within twenty (20) days of the date of the initial notice, in
an attempt to resolve the dispute. If the dispute is not resolved by these negotiations, either Party
may invoke any legal or administrative remedy available to it at law or in equity.
16. NUSCELLAINEOUS PROMIONS
16.1 Notices. All notices and other communications hereunder shall be (i) in vvriang:
(ii) delivered by hand, facsimile, ems% registered or certified first elm trail, return receipt
requested orovernighrdelivery service; (III) addressed to the Parties at the addresses shovra below
or airy additional or substitwe address which either Party designates to the other in writing. Such
notice shall be deemed to have been riven on the date of confirmation of receipt i f delivered ny
facsimile, email, overnight delivery, or trail, rcttun receipt requested, or, if delivered by oilier
methods, on the date of actual rweint.
FLYING TURTLE eiNl) JOUNSON:
162 Assignment Prohibited. This Agreement may not be assigned by either Pam-
without the prior wrinen consent of the outer. This Agreement shall inure to the benefit of and be
binding upon the Parties to this Agreement and their respective successors and permitted assigns.
318521 RECEIVED RECEIVED
JUL 0T 2i122
AUG 122C
DCM WILMINGTON, NC
MP SECTION
DCM MHD ;!TY .

ITT WITNESS R'HEREOF. the Parties have execured this Agrc*ment as Of the Eifactivc
Dale.
33ti52i
,MasonhoraYacht CI
By:
tianie:r-aes S g 5 F
Title:
ir�
de-rtard hnson
CU610 F. Johnson, �
L
Flying'rartle Farms, LIX
I _ _—
1
Nacre; n.r ,�_e, iJ „,.;o Tir r{. snM s
J
Title:R��e
RECEIVE®
RECEIVED JUL 0'82022
DCM WILMINGTON, NC

DISPOSAL AREA #254
Dike Reconstruction and
Improvements
December 2021
UN
Mtremo
�
Y
�{�� r{y'� 1■■� �JCj) �:
� _ +y��� y� t'�+'#�f �3� �y( �%�1� �ryr,k,•.;'
rn n *�..
�4 ��;5{ : t., x y YC � �i� S� � f• r
S
i
TI oastal RECEIVED
O JUL 08 PKZ
0� m
G7 DCM WILMINGTCN, YC
0 O
O
z
N
�>
m
0

q �
1
Pibl3 } P
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MF
TI -� oastal
TlC aibl 9erele^eInc. -.
DA-254 Dike Improvements
Wln,lnean
New Nann—r Ceunly' N.4h Cnollnn
Proposed Layout
PLAN VIEW - Construetion Areas & Property
41 &1 I craoam Scale

TI _oastal
Tl ...I Semlcei Inc.
)Yt19S Id7. IB.c i•':1]6p1.1654pIS C
19k y8.9 Ibl .C,A6.5 e.�i6. .a
b 20a .16.4 �53„
212. 20.7 `17.9
20 217. y�193 1 1 B;
+Kid. ;�L] l99 le4
237 23D J' l8,
/:3 .Ilea B� 1 161 ,
3. 249 25 240 f 211 �194
P53 f
4' 243% Y, 237.i'' 2IP '19 sji
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a. •3, y9 1971
rc j.22.4 44 � (_�Yad ♦ l94
213:i. zoa (L193
6
�.. eB9 rt�77] a 215 POSE 19.& I,165
D }9R 2Iby 3GV'�$r �9�Imr1Bl •19,9 - ---
�7 '^aaeamSb •• �•�
D A-254
PLAN VIEW - Existing Bathymetry and Contours
me4 �ivun w� Yp, nnv 44MV.[m
6npblc 9cela vveu.m.
.- .ww.ve mwnu.e.euvnimw. mwr41b�..+�mv.enee

Note A:
Material used for dike oanstructon on
USACE side of ROW line must wme from
excavation area on USACE side.
RECENED
AUG �122022
up �y✓,T'1�''d�Q/fdlff/
TI oastal
n e<es, e�rs<N�e In<.
•_
�
'.i^hl2fil.T.1R^F���%C�♦•.w�.�A'�.Y
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am mm
ram Lmm anm zam
rns xim /mm
�
1
am
t
TYPICAL SECTION B to B' o
am
+24 NAVD88—
—+24 NAVD88
See NmeA
New Dike Construction
<'y
IDm
Am
Mil
See Note B
111
Existing Gnde
Ifm
tins
r
A
xravafion Area
s
Excavation Area
m
NAVD88
�
Sm
LLno_tQitNkh.i)
1
_ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _
Om
AI9 k9SLfhY
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yp
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TYPICAL SECTION C to C
+24 NAV088—
New Dike ConstrvNan
—+24 NAVD88
ay Existin Grade
Bee No[e A
�
See Note B
�I
1
Note 8:
Material used for dike oom:ction on
property side of ROW line must come from
eacavation area on property side.
_
DA-254 Dike Improvements
WI/TIeVI<
New Nan<vw Gevnry. N<M eamane
RECEIVED
N.o-fbn�c eim' bnUv.M9
s:aun.�...-....aesm..menn.wmr..
�-..+—
Y
Proposed Layout
TYPICAL CROSS SECTIONS
®CM WILMINGTOi,

.....I...L_
FIrIal Grade
_ROD
Via
-579
X�lng Grade
ammninriir{{r<r(i{((iQ((((im,;;; yliiilll0„'1,;;{i{ir;,;t=
.,;;„Ho,,,,,,,„,y-;,,
Ian,vuuuul/n///lilil/lrll0/llll/llllll„u11 �
„
oe�e
��.
;E CORP
PLATE
GAGE
")
NOTE THE SPILLWAY RISER HSGHT FOR OISYG]AL ARu
SHALL BE 16 FEET AS SHOWN ABODE.
SPILLWAY ELEVATION
NTS
TI oastal v
2F00. 12 GAGE PIPE
SNB WIRH CGRRRIIOATON
3/16- BOT
3-Y S ] GAGE
CHANNEL
RECEIVED
AUG 12202Z
MP SECTION
�
DCM MHD CI'I—=1
DA-254 Dike Improveme
SPILLWAY PLAN
NTS
New Mannv.i GouaQ} HOM Ca.11nn
Proposed Layout
SPILLWAY & OUTFALL PIPE DETAILS
SEE SHEET l
ANCHOR GOY (M)
48'01A. 10 GAGE S=
PIPE WRH CORRIIGPTON
3' ] GAGE
6' EYE BOLT (TM.)

2'
Be
ELEVATION
ANTI —SEEP COLLAR DETAIL
TI oastal
NOTES:
1. UNASSUBLED ANTI -SEEP COLLARS SHALL BE MARKED BY PAINTING OR TAGGING WHEN NECESSARY
TO IDENTIFY MATCHING PAIRS TO SECURE A PROPER INSTALLATION.
2. A 3 K 12' WIDTH NEOPRENE GASKET SHALL BE INSTALLED AT THE LAP BETWEEN THE TWO HALF
SEC ONS AND BETWEEN THE PIPE AND COUPUNG BAND. THESE LAPS SHALL ALSO BE CAULKED
WITH BITUMINOUS MASTIC AT THE TIME OF INSTALLATION.
ALL WELDS AND HEAT AFFECTED AREAS ON LNC COATED METAL SHALL BE THOROUGHLY CLEANED AND
TREATED IN ACCORDANCE WITH ASM A780.
D CORRUGATED STEEL
12' TYPICAL
SECTION A -A
NOTE
ONE HALF OF ANTI -SEEP COLLAR 910MN.
OTHER
TH � SWEXCEPT
E EXPT SLOTS ARE
�SR
.2 DA-254 Dike Improvemen
wnroTeaean
New Nevore. GWnfy NOwA CorolNe
�v Proposed Layout
SPILLWAY & OUTPALL PIPE DETAILS
BAND ANCAES
JUL 0`8.2022
RECEIVED
AUG 122022
MP SECTION
DCM MHO CITY

ALL HARDWARE SHALL BE HOT DIP GALVANIZED
6' MWIMUM EXTENSION
BEYOND POST (TYP.)
IAW ASTM A153.
4'-0' 1 B,_0'
6X6 POST (TYP.) 6X6 POST (TYP.)
• D (TYP.) MAX. UNSUPPORTED LENGTH
2XTO
24' OAP
'
2%12
2X12 (TYP.)
o
BOLT IHRU TNT
NOTES:
• �a'p�
kI BOLTS,
1. 111E CONTRACTOR SHALL NRMSH AND INSTALL FOUR ANCHORS (1MO ON EA01 40E
OF MSER) AS SHOMN.
�T—
ITT
NEW SPRLWAY RISER M11N 18•
�T—
mF �j
b
I(fl
NUTS• WASHA. ER
(GALVANIZED)
.
2 ANOIORS, Q1Y O.ANPS, AND GALVANRTD STEEL STRAND SHALL BE
MR AND 24• STUB OUT ull
MANUFAMRED BY A. B. OUNCE CO.. OBITR & MO OR APPROVID EQUAL
S ,,NECVNG
OMOM. SHALL BE GALVAM= AND APPROVED BY THE
6S X�6. 1PDuGAGE WR)RUMT D
SUPPORT
FRAMES FOR EFFLUENT PIPE
5
$-�] NTS
e•
1/4• 'l-MTRE GALV.
A SBUNO (1YPJ
30
VY'
C 3 BOLT G.LLV.
QIY LUMP (TYP.)
24m OMP
RECEIVED
AUG I2Z022
M
sa w B EYE R -W rC
MP SECTION
DCM MHO Cf(Y
4 SPILLWAY ANCHOR DETAIL
NTS
DA-254 Dike Improvements
RECE
TI oast al
x.wx..o.c e�.R•a N.w, o..wm.
JU UB 2022�,•.^,•••^^
------
Proposed Layout
n cwe�s.mc ,
•o«,.....,....vvd.
C
SPILLWAY & OUTFALL PIPE DETAILS

AT BOTH ENDS &
SHOWN
PROVIDE 2x2 TOEBOARD
AT SPILLWAY RISER END
1X4 TOEBOARD
2X4 / 0 1 1/2' ABOVE DECKING
(TYP)
THRU NTH 1/2' DIA. BOLTS, NUTS
4SHERS (GALV.) TYPICAL
BRACING, ONE EACH SIDE
PERMITTED POST
x
a
O i s
� 6x6 z 8° BLOCK INSERT
I
2%6 f NOTES:
LONGITUDINAL BRACINGI 1. USE 16d GALV. NAILS OR 3' GALV. DECK SCREWS
o SEE NOTE 6 FOR ALL CONNECTIONS NOT BOLTED. TWO NAILS
I OR SCREWS AT EACH CONTACT POINT.
2. LUMBER SHALL BE TREATED ACCORDANCE
-kll— WITH THE ALL BE WOOD PRESERVERS'
ASSOCIATION STANDARD C-2 (.40 CCA).
3.STRINGERS AND RAILINGS SHALL BE CONTINUOUS
TWO SPANS MINIMUM.
4.PLACE DECK NTH 'BARK SIDE' UP (GRAIN
T/ T
CONCAVE E S.LOCATE CROSS BRACING AS INDICATED ON PLATE S-1
AND AS REQUIREQUIRE
D BY DETAIL 3.
6. WHERE H > 12', PROVIDE LONGITUDINAL BRACING
BETWEEN ADJACENT PILES.
TYPICAL WALKWAY DETAIL
STOPLOGS SHALL BE PRESSURE TREATED IN ACCORDANCE WITH
THE SPECIFICATIONS AFTER MILLING AND CUTTING TO FINAL LENGTH.
STOPLOG LENGTH SHALL BE AS NEEDED TO FIT THE SLOTS PROVIDED
WITH NO MORE THAN 1/2" CLEARANCEE ONN E((A''C``H END.
TIMBER STOPLOG DETRL��
N.T.S..AUG 122022
`MP SECTION
DCM MHD Q y
\J— I // N.I.J.
�/
DA-254 Dike Improvements RECEI
,�m.,...,��.a..,m,m.,�.m.•..
TI oastal
T~
n y,N L
New Nen Com,y NaN GMInO Op Z�ZZ
s. bwom�wcwb bFl.nNu,un
Proposed Lxgyout
_
1v
N
neiaA use Arm,IM.
n.,..
"..^_^•• •••w-•-•^•^•°••
SPILLWAY A OUTFALL PIPE DETALLS

,1\
�71 WALKWAY PROFILE
—�7 N.T.S.
-,� DA-254 Dike Improvements
�v Proposed Layout
n cenw-sm�-�.
-'--••^„.;;,; �°� SPILLWAY B OOTFALL PIPE DETAILS
NOTE --
WHERE POST IS LONGER THAN 16' THE
CONTRACTOR. MAY PROVIDE SPLICE AS SHOWN.
ALL SPUCES'SHALL BE WITHIN 2' OF A CROSS BRACE
CONNECTION POINT. ALL SPLICED POSTS SHALL BE
BE CROSS BRACED.
PL 1/2'x 5"x V 8-1/2"
BOTH SIDES
(GALV)
O
tO
p p
1/2- DIA GALV. BOLT.
NUT, & WASHER
COLUMN JOINT
i�
n
m O
io
44 2-1/2"
e TYPICAL SPLICE JOINT
5-17 N.T.S.
RECEIVED
AU6 12.2,022
W ,gm=&%

DocuSign Envelope ID: 54C9D85E-llE6-497F-AA29-9DE16EF11464
ROY COOPER
Governor
ELIZABETH S. BISER
secretary
RICHARD E. ROGERS, JR.
Director
Masonboro Yacht Club
Attn: David Christopher
609 Trails End Road
Wilmington, NC 28409
NORTH CAROLINA
Environmental Quality
November 9, 2022
Subject: Approval of Individual 401 Water Quality Certification
Masonboro Yacht Club Maintenance Dredging
USACE Action ID. No. SAW-2006-40170
Dear Mr. Christopher:
RECEIVED
NG`f i I �Ll
MP SECTION
DCM MHD CITY
DWR # 20221255
New Hanover County
Attached hereto is a copy of Certification No. WQC005341 issued to David Christopher and Masonboro
Yacht Club, dated November 9, 2022. This approval is for the purpose and design described in your
application. The plans and specifications for this project are incorporated by reference as part of this
Water Quality Certification. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property is sold, the new
owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A
NCAC 02H .0507(d)(2)].
This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
North Carolina Department ofEnviranmental Quality I Division of Water Resources
®� ��}j 127 cardinal Drive Ext. I Wilmington, North Camlinh 28405
910.796.7215

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DocuSign Envelope ID: 54C9D85E-11E6-497F-AA29-9DE16EF11464 Residence at 9th, LLC
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Individual Certification #WQC005208
Page 2 of 12
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
htto://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on: RECEIVED
William F. Lane, General Counsel NOV 17822
Department of Environmental Quality
1601 Mail Service Center MP SECTION
Raleigh, NC 27699-1601 DCM MHD CITY
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.
Sincerely, 0ocuSlgneE by:
EK:BAUAGMC,t4...
Morelia Sanchez -King
Regional Operations Supervisor
Electronic cc: Debbi Wilson, consultant
North Carolina Department of Environmental Quality I Division of Water Resources
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512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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919.707.9000

DocuSign Envelope ID: 54C9D85E-11E6-497F-AA29-9DE16EF11464 Residence at 9", LLC
DWR# 20221208
Individual Certification #WQC005208
Page 3 of 12
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
Filename: 20221255_Masonboro Yacht Club_IWQC_NHCo_Nov.22
RECEIVED
NOV 172022
MP SECTION
DCM MHD CITY
of
D � QNoah Carolina Department of Environmental QualityI Division of Water Resumes
:> 612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
o�.�mma.n..owm� 919.707.9000

DocuSign Envelope ID: 54C9DB5E-11E6-497F-AA29-9DE16EF11464
Residence at 9", LLC
D W R# 20221208
Individual Certification #WQC005208
Page 4 of 12
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005341 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to David Christopher and Masonboro Yacht Club, who have authorization for the
impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on August 10, 2022 and subsequent information on October 24, 2022, October 31,
2022 and November 3, 2022, and by Public Notice issued by the Division of Water Resources on
September 19, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
(units) Permanent
Amount Approved
(units) Temporary
Plan Location or
Reference
Open Waters
Basin Excavation
5.96 acres
N/A
Project narrative,
project history and
updated workplan
drawings sheets 1 thru
9 and dredge footprint
cigg 12 17/2021
nIII=L+C1VCL)
This approval requires you to follow the conditions listed in the certification below.
NOV 172022
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. The marina docking facility is permitted for 130 wet slips, comprised of 120 pe 49eW9TM®I90
transient slips. Dockage of vessels other than the permitted slips will require re-evalul R,TY
DWR of the use of the dockage facility. Handrails or other devices, including signage, should be
used to discourage use of any dock space other than the 130 number of designated wet slips.
Citation:15A NCAC 07H.0208
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
2. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 54C9D85E-11 E6-497F-AA29-9DE16EF11464 Residence at 9", LLC
D W R# 20221208
Individual Certification #WQC005208
Page 5 of 12
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to RECEIVED
this condition require written approval by the resource agency responsible for the given
moratorium.
Nov 1 720zz
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal MP SECTION
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,DCM MHD CITY
USFWS, NMFS, and/or DMF personnel.
Citation: ISA NCAC 02H .0506(b); 15A NCAC 02H-0507(c); 15A NCAC 04B .0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
3. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (1) Turbidity: the turbidity in the receiving watershall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
4. The authorized boat basin shall not be dredged beyond the proposed depth and width. The area
shall not be dredged to a depth deeper than the receiving water. In this case a boat basin is
authorized to a connecting depth of -6 feet Mean Low Water (- 2 foot over dredge allowance)
adjacent to the existing docking facility and access channel.
Citation: 15A NCAC 02H .0506,, 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
Noah Carolina Department of Eavimmnental Quality I Division ofWaler Resources
DW512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
n eurr n �/ 919.707,9000

DocuSign Envelope ID: 54C9D85E-1 lE6-497F-AA29-9DE16EF11464 Residence at 9`h, LLC
DWR# 20221208
Individual Certification #WQC005208
Page 6 of 12
that activities must not cause water pollution that precludes any best use on a short-term orRC
long-term basis. ' •CCEI,, EL)
5. Alldredge and/or fill material shall be placed on high ground and excavation shall not occur NOS
Primary Nursery Areas outside of the authorized maintenance dredging footprint. 1 /' "<<
Citation: 15A NCAC 02H .0506;15A NCAC 02H.0507(c)
MP SECTION
0CM MHD CITY
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity,, wildlife; secondary contact recreation; agriculture); and that
activities must not cause water pollution that precludes any best use on a short-term or long-term
basis.
6. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between
6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased.
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation], and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
7. The effluent water from the dredge spoil should not (if at all practicable) be released into open
shellfish waters. The release of the effluent of dredge spoil from a closed shellfish area into
open shellfish water will cause a (temporary) closure of that water which in turn is a
degradation of waters and a violation of tidal salt water quality standards for Class SA Waters.
Shellfish Sanitation (252.726.6827) and the Division of Water Resources (910.796.7215) must be
notified if this is to occur.
Citation: 15A NCAC 02B .0221
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture, and
shellfishing for marketing purposes) and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
8. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
D _EQ�� North CarolinaDeparanenlofEnvironmentalQuality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
oewim.me�u.n.� ;m 919.707.9000

DocuSign Envelope ID: 54C9D85E-11E6-497F-AA29-9DE16EF11464 Residence at 9", LLC
DW R# 20221208
Individual Certification #WQ0005208
Page 7 of 12
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimiziPECEI VED
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis. NOV 172022
9. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footpfObECTION
of the approved impacts (including temporary impacts). ')CIA MHDCITy
Citation: 15ANCACO2H.0506; 15ANCACO2H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife,, secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
10. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW); then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 0413.0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
North Carolina Department Quality I Division of es
artalService
, Nonh ResinRcsour
612 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
1 1617 Mail
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919.707.9000

DocuSign Envelope ID: 54C9D85E-11E6-497F-AA29-9DE16EF11464 Residence at 9`h, LLC
D W RN 20221208
Individual Certification #WQ0005208
Page 8 of 12
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not ren
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, o ECEIVED
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses, and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity UN tom/ 1 72022
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbi*PySECTlO
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background condifi MHD Cay
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
11. Sediment and erosion control measures shall not be installed in wetland or waters except within
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.05O7(c); 15A NCAC 028.0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
12. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
OfIllillill,
North Carolina DepavmentofEnvimnmemalQwlity l Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleish, North Carolina 27699-1617
u++m�imm�'+o.n."v;'m 919.707.9000
o.

DocuSign Envelope ID: 54C9D85E-1 lE6-497F-AA29-9DE16EF11464 Residence at 9", LLC
DW R# 20221208
Individual Certification #WQC005208
Page 9 of 12
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts. RECEc 1,
13. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or � V ED
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit "V 172022
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required. A4
OCM SECTION
Citation: 15A NCAC 02H .05O6(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,,15A NCAC 028MH0 CITY
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
14. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: ISA O2H .0506(b); 15A NCAC 02H .O507(c); 15A NCAC 028.0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
15. If concrete is used during construction, then all necessary measures shall be taken to prevent
direct contact between uncured or curing concrete and waters of the state. Water that
inadvertently contacts uncured concrete shall not be discharged to waters of the state.
Citation: 15A 021-1.05O6(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200; 15A NCAC 028.0231
DE
Q2-p North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center
I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 54C9D85E-11 E6-497F-AA29-9DE16EF11464 Residence at 9", LLC
DW R# 20221208
Individual Certification #WQC005208
Page 10 of 12
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
16. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade. All temporarily
impacted sites shall be restored, stabilized, and revegetated with appropriate native species,
including woody species.
Citation: 15A NCAC 02H.O506(b),,15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface, waters or wetlands downstream,
continue to support existing uses after project completion.
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H.0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
18. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 021-1.0507(c); 15A NCAC 028.0200,,15A NCAC 02B
.0231
®� ��Nonh Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
� 919.707,9000
a.w�w iw..=.en.im

DocuSign Envelope ID: 54C9D85E-11 E6-497F-AA29-9DE16EF11464 Residence at 9", LLC
DWR# 20221208
Individual Certification #WQC005208
Page 11 of 12
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or -long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
19. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .05O7(c); 15A NCAC 028.0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected, • populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
20. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .05O7(c); N. C. G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
21. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for instate rule, and that activities must not cause, water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
��� Noah Carolina Department of Environmental Quality I Division of Water Resources
612 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
99 ^' 919.707.9000
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DocuSign Envelope ID: 54C9D85E-llE6-497F-AA29-9DE16EF11464 Residence at 9", LLC
DWR# 20221208
Individual Certification #WQ0005208
Page 12 of 12
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
22. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC O2H .0506(b); 15A NCAC 02H .O507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 or CAMA Permit. The conditions in effect on the
date of issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 9th day of November 2022
FoocuSignee by:
YK6ywA S;IA�-U"
UABAUAUDC43C...
Morelia Sanchez -King
Regional Operations Supervisor
401 & Buffer Permitting Branch
North Carolina Depaoment of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
hpMNalfnFoe41¢uCr

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
- 69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
November 17, 2022
Regulatory Division
Action ID No. SAW 2006-40170 RECEIVED
Masonboro Yacht Club and Marina, Inc. NOV 17 2022
Attn: David Christopher
609 Trails End Road MP SECTION
DCM MHD CITY
Wilmington, NC 28409
Dear Mr. Christopher:
Reference your application for a Department of the Army permit to re -issue your permit
for maintenance dredging at your marina and an access channel to the marina. The proposed
footprint is within the originally permitted footprint and no dimensional changes are being
proposed. The dredging areas include an access channel that connects to the AI W W and areas
within the marina labeled as Areas A, B, C, D and E. The final dredge depth will continue to be
the previously authorized of -6 feet at mean low water level (MLW) plus -2 feet of over dredge.
The dredging area will encompass approximately 259,432 square feet (5.96 acres) of shallow
bottom area and a maximum of 33,060 cubic yards of material may be excavated from these
areas. The marina facilities are located near the mouth of Whiskey Creek.
A modification to this permit is also being approved with this re -issuance to allow for a
change in the permitted spoil site. All spoil material will now be deposited on property owned by
Flying Turtle Farms, LLC (Richard Johnson) which is located between the Corps of Engineers
Easement on DA-254 and the NC Coastal Reserve property. This site is located west of
Masonboro Island adjacent to the AIW W. A new spillway and discharge pipe is to be placed in
the same footprint of the previous pipe for DA-254. The spoil holding capacity of this site is
estimated to be 44,600 cubic yards.
Your proposal has been reviewed and found to be consistent with the provisions and
objectives of the CAMA-Corps Programmatic Permit process, via Regional General Permit 291
(copy attached), for construction activities that receive authorization from the State of North
Carolina. Therefore, you may commence construction activity in strict accordance with the
applicable State authorization, attached Federal special conditions, RGP-291 conditions and the
approved plan. Failure to comply with the State authorization or conditions of the Federal permit
could result in civil and/or administrative penalties.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization

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modified.
Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].
Enclosures:
Plans
Manatee Guidelines
GP 291 conditions
Sincerely,
Gregory
Currey
Digitally signed by
Gregory Currey
Date: 2022.11.17
14:03:16-05'00'
Greg Currey, Project Manager
Wilmington Regulatory Field Office
Copies Furnished by Email (with enclosures):
NOAA/NMFS; Mr. Fritz Rhode/Ms. Twyla Cheatwood
NOAA/NMFS; Dr. Pace Wilber
NCDEQ/DCM; Mr. Jonathan Howell
NCDEQ/DCM; Ms. Tara McPherson
NCDEQ/DWR; Ms. Holley Snider
NCDEQ/DCM; Mr. Cameron Luck
NCDEQ/DCM; Ms. Amanda Cannon
USFWS; Mr. Pete Benjamin/Mrs. Kathy Matthews
USEPA; Mr. Todd Allen Bowers
USCG; BOSN3 Mr. Paul Bertram
Ms. Debbie Wilson
RECEIVED
NOV 17 2'0d
MP SECTION
DCM MHD CITY

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RECEIVED
NOV 172022
MP SECTION
Special Conditions DCM MHO CITY
1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, dated December 17, 2021, which are a part of this permit. Any
modification to these plans must be approved by the US Army Corps of Engineers
(USACE) prior to implementation.
2. Except as authorized by this permit or any USACE approved modification to this permit,
no dredge, fill, or mechanized land -clearing activities shall take place at any time in the
construction or maintenance of this project within waters outside the designated permitted
boundary. This permit does not authorize temporary placement or double handling of
excavated or fill material within waters outside the permitted area.
3. Work in wetlands is prohibited during the dredging, material disposal, or any other aspects
of work associated with this project. All dredged material must be deposited on high
ground.
4. All mechanized equipment will be regularly inspected and maintained to prevent
contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other
toxic materials. In the event of a spill of petroleum products or any other hazardous waste,
the permittee shall immediately report it to the N.C. Division of Water Resources at (919)
733-5083, Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act will be followed.
5. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this permit in the. construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or
maintenance of this project with a copy of this permit. A copy of this permit, including all
conditions, shall be available at the project site during construction and maintenance of
this project.
6. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the
permit area. This shall include, but is not limited to, the immediate installation of silt
fencing or similar appropriate devices around all areas subject to soil disturbance or the
movement of earthen fill, and the immediate stabilization of all disturbed areas.
Additionally, the project must remain in full compliance with all aspects of the
Sedimentation Pollution Control Act of 1973.
7. The activity must be conducted in such a manner as to prevent a significant increase in
turbidity outside the area of construction or construction -related discharge. Increases such
that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout
waters by the North Carolina Division of Environmental Management (NCDEM), 25

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NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less
in trout waters, are not considered significant.
8. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
permittee must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and
strictly adhere to all requirements therein. The guidelines can be found at
htti)://www.fws-gov/nc-es/mammal/manatee euidelines.odf.
9. Violations of these conditions or violations of Section 404 of the Clean Water Actor
Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington
District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of
the violation.
RECEIVED
NOV 172022
MP SECTION
DCM MHD CITY