92-22 Masonboro Harbour HOA

Permit Class Permit Number
NEW 92-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Masonboro Harbour HOA, 5149 Masonboro Harbour Dr., Wilmington, NC 28409
Authorizing development in New Hanover County at adj. to Myrtle Grove Sound, at the end of
Masonboro Harbour Dr. , as requested in the permittee’s application dated 12/19/21
(MP-1 & MP-2), including work plan drawings (3) Sheets 1-3 of 3, dated 4/13/22.
This permit, issued on September 7, 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 subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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

September 7, 2027

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 DE Q 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

Excavation

1) No excavation shall take place outside of the area indicated on the workplan drawings.

2) Excavation shall not exceed -5 feet below the mean low water. In no case shall the depth of
excavation exceed the depth of connecting waters.

3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

4) No excavation shall take place within 10 feet of any Coastal Wetlands.

(See attached sheets for Additional Conditions)

Masonboro Harbour HOA Permit No. 92-22
Page 2 of 3

ADDITIONAL CONDITIONS

5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s).

6) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

7) 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 National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

Dredge Material Disposal – Shore Acres Disposal Island

8) No dredge material shall be placed within 30 feet of the normal high-water line, except that which will
be used to backfill the area behind the permitted bulkhead, once properly dried.

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 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.

11) Dredge material from the authorized dredge footprint shall be dewatered before use as backfill. All
remaining backfill material shall be obtained from a high ground source and confined behind the
permitted bulkhead.

12) The applicant shall provide the Division of Coastal Management with proof of permission to utilize the
proposed dredge material disposal area prior to the commencement of any dredging activities.

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.

14) In order to protect waters adjacent to the designated dredge material disposal site, the permittee shall
provide the Division of Marine Fisheries – Shellfish Sanitation and Recreational Water Quality Section
the dredge plan and the location of the dredge material disposal site prior to any dredging activity, so a
swimming advisory or shellfish closure determination can be made, and documentation of this
coordination provided to the Division of Coastal Management.

15) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed.

Masonboro Harbour HOA Permit No. 92-22
Page 3 of 3

ADDITIONAL CONDITIONS

Maintenance Clause

16) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material 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.

Sedimentation and Erosion Control

17) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

18) 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

19) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

20) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5021 and assigned the project DWR Project No. 2001-0043v3.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the mean high-water level.

NOTE: An application processing fee of $475 was received by DCM for this project.