92-22 Masonboro Harbour HOA

1
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vomit
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
92-22
Issued to Masonboro Harbour HOA, 5149 Masonboro Harbour Dr., Wilmington, NC 28409
Authorizing development in New Hanover County at adi. 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
zr tnese terms may oe suodect to rates, imprisonment or civu acuon; or may cause me permu to oe nuu ana voro.
Excavation
I) 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)
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 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

r�
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
ADDITIONAL CONDITIONS
Maintenance Clause
Permit No. 92-22
Page 3 of 3
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. 2001-00430.
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.

DCM Coordinator: Lk Permit #: q 2 - Z 2-
MAILING DISTRIBUTION SHEET
x�bfo "c-ba� ft.' 5141
K L_j kOY�2t P'�L'Y_.cow.
DCM Field Offices
Elizabeth City
Washington (with revised work plan drawings)
Morehead City
tWilmington, (OBJECTIONS )
US ACOE Offices:
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffens (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover) I
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Washington:
Renee Gledhill -Earley at Environmental$,[e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Chris Pullinger-401
Clif Whitfield (WARO)
Jimmy Harrison
TBD - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanovef)
John Perry - 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARO) (NCDOT) Travis Wilson
Natural Heritage Program Rodney Butler
LPO:

Application Review Checklist Letter A 5 - 1 2- 75
LI
Placard Comment 6 -1 O
Applicant IY� 1460 Hal047 Pub A 5 TA Comment -ID
11 ,��1 1. � /� Computer I A
Agent �'1 II'�Vr �[,��/',� 1 1,J rsli�$�ur�✓ T�t;,Co�+ Deficiency Letter?
D R ACK Date i'-" j0 u 2 DWR Statements
Physical Address
Field Rep. I_ NkILL,
AECs
EW,.? IA
Habitat ,tD.evelopment
Designatio ��%}'�
s .rys'�Q.1.�1 1�uO�---'8yuffer
Riparian Notification?
Green Card? Signed Form? Obj
Waive 15'
Fee Schedule iLf 75
/
v
n %�
�('
Water
GV~--f,4-
Dependent
CX, SSC.I
✓ K
k
/
Deed? V
Raparian rights
PH or
From Property line
1/4 width?
Nav/Channel Proximity
Residential Commercial
FT'calculations gft'or 27ff' N/A
ISSUES OF NOTE
01,
l0`t3l Z212m
Ll25 1 x 3) I ounis ck�- A1ww
5C�15I X 2ul cats l � � �e�t = �6°I scUyt�
3 MLW —V -SOAL',^
�o q
���uJu� a2A cG irruwA ,^' 5liochu�a `p �1 tsl�� i CrenlL

Permit Checklist
Major Development
Excavation/Fill
Applicant
Address
County
Permit #
Physical Location including nn��
Waterbody Description t j c � %��GJev�" Hff4t- W - �� M � 6 m,-c-
MP Forms
Dates
Drawings
# Drawings & Dates
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Fee
MP1
MP2
MP3
MP4
MPS
I�Iq
Q2 z
USACE SAW #
Additional Comments On Back

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Masonboro Harbour HOA COUNTY: New Hanover
PROJECT NAME: Masonboro Harbour Maintenance Dredging
LOCATION OF PROJECT: End of Masonboro Harbour Rd, adj. to Myrtle Grove Sound in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-12-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Hall DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 5-20-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 7-26-22
HOLDS:
MAIL OUT DATE: 5-17-22
PERMIT FINAL ACTION: ISSUE DENY
FEE REC'D: $475 (60/40)HI886 & #1891
END OF NOTICE DATE: 6-10-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 6-10-22
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
DCM — LUP Consistency Determination
�L
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
I i)Qitf 0
DWR— Public Water Supply
5 jgl V
DEMLR — Stomtwater
DEMLR — Sed and Erosion
DOA —State Property Office
p
6
Wildlife Resources Commission
(p
f
11
U,,,
DMF — Shellfish Section
,101H" a
DMF — Habitat & Enhancement
��
n
i 1 '
pJ1c¢.il#t'1M
DNCR —Archives & History
DNCR — Natural Heritage Program
NCDOT
NC Dept of Commerce
5�'
w Git.

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: I`P�A / orW
Fee: $ qCn !AQ
CDAITS HC c I5� �
Applicant:
cr%gC 7lQ.rS
Agent/Contractor: l
u'.�c: aQ„�
Project Site County: 1, `��
Staff: �VktA_
Distrct: WJlm/ngton
Project Name:
Rover File: We
River Basin:
Initial date of application submittal:
Date application "received as complete" in the Field office: Wyr
SITE DESCRIPTION/PERMIT INFORMATION
ORW: TpYes ❑No PNA: PYes No
Photos Taken: Yes El Nc
Setback Require (riparian): Yes P5No
Critical Habitat: Yes NNo UNot Sure
15 fool waiver obtained: LJYes o
Hazard Notification Returned:
❑Yes idNo
SAV: Yes No []Not Sure
Shell Bottom: OYes o ❑ Not
Temporary Impacts: es o
Sure
Sandbags: 0Yes o El Not Sure
Did the land use classification come
Mitigation Required (optional):
from county LUP: Wes ❑No
❑Yes [$No
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline:
❑Yes []No ❑NA
[]Yes DgNo ❑NA
¢� FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open -or- �'L�e1
(
Z,C(
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW)
❑ High Quality Waters (HOW) 'Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
El (404) Corp. of Engineers (Jurisdictional
(LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicornia sp.)
wetlands)
(CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
El (DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
El (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv. public or Gomm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
Minor Modification to a CAMA Major
0 Major Modification to a CAMA Major
V Any development involving D&F of
permit - $100
permit - $250
ore than 1 acre • $475
❑ Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
El Major development extension request •
0 11. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or Comm w /D&F l0 1
acre; 4144 can be applied; DCM needs
DWQ agreement - $400

Recommendations for State Permit— Masonboro Harbour Homeowner's Association 5/16/2022
The proposed excavation within the existing marina basin appears to be CONSISTENT with 15 NCAC 07H.0208 (b)(1)
based on previous permit authorization and maintenance events pending the approval of spoil site. This office recommends
a permit condition to require the approval of an upland spoil site prior to the start of excavation operations.
It is the opinion ofthis office that the area for the proposed excavation is located in an area that has been historically impacted
and in continuous use for docking and navigational purposes.
This office has NO OBJECTION to the proposed work provided it is consistent with all other state and federal permitting
requirements and an appropriate disposal location is authorized prior to the commencement of any excavation.

Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
'
New Work
Replace
..--.
11
❑ Y 1% N
n
•rWl-
Now Work El
Mainfw
Replace
❑ Y'V N
5
New Work
Replace
t
MaiOl
❑ Y ijN
PL
Zlas�—
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Main/ ❑
❑ Y [IN
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
New Work
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
lamp impact
temp
impact amount)
tempimpacts)
amount
Dredge
limpacts)
�L
1��1J
Fill ❑ Both ❑ Other ❑
(p 7 ' v
Dredge ❑ Fil* Both ❑ Other ❑
(,3i�p
C�31�0
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733.2293 :: 1.888.4RCOAST :: www.nccoastalmanaeement.net revised: 02/26/10

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Masonboro Harbor
HOA - New Hanover County
Date: August 12, 2022
This project is consistent with the 2016 New Hanover County Comprehensive Land
Use Plan.
The applicant proposes to maintenance dredge the existing basin, canal and access
channel of an existing community boating facility to a final depth of -5ML W. The
project is located at the end of Masonboro Harbour Drive in New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are EW, and PTA.
Waters at the project site are classified as SA ORW and are open (closed within the
basin) to the harvesting of shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection and Conservation.
In general, New Hanover County allows development in Resource Protection and
Conservation classified AECs, which is consistent with the State's minimum use
standards. The New Hanover County Land Use Plan contains some policies, which
exceed the State's minimum use standards, including those for marinas and community
boating facilities. However, none of these policies appear to be applicable to this project.
This project is consistent with the 2016 New Hanover County Land Use Plan.
File

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
May 17, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courfer 11-12-09)
cameron.luck()..NCDENR.00v
SUBJECT: CAMA/D & F
Applicant: Masonboro Harbour Homeowners Association
Project Location: Located at the and of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
Wilmington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal'and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY �I L k % CI T Ga Nil rvl ry LL
SIGNATURE )� A Ir I ' -a DATE G (7 l xZ
RECEIVED
JUN 0 6 2OZZ
MP SECTION
DCM MHD CITY
.� North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carallna2a,105
910.796.7215

Received: 5/19/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
May 17, 2022
NORTH CAROLINA
Environmental Quality
ER 22-1475
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca m e ro n. l u c k (a) N C D E N R. a ov
SUBJECT: CAMA /D & F
Applicant: Masonboro Harbour Homeowners Association
Due: 5/27/2022
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
Wilmington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments. 1=11V F r)
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
Historic Preservation Office
RFC
JUN 082022
MP SECTION
DCM MHD CITY
DATE June 8, 2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Govemor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
May 17, 2022
NORTH CAROLINA
EnvtronmentarQuartry
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckCaD.NCDEN R.gov
SUBJECT: CAMAID&F
Applicant: Masonboro Harbour Homeowners Association
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
Wilmington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE fI`*A 6(0DATE
5/18/22
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 29405
uamm.�,aemaman�moWun� /�
910.796.7215

ROY COOPER
Governor
EL"ETH S. BISER
secrerary
BRAXTON DAVIS
Director
May 17, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca me ro n. I uck(rD N C D E N R. a ov
SUBJECT: CAMA /D & F
Applicant: Masonboro Harbour Homeowners Association
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
Wilmington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached. "
This agency objects to the project for reasons described in the attached
comments.
In -water -work moratorium
PRINT NAME Kimberlee Harding 4/1 9/30
AGENCY
NCDMF
SIGNATURE /1�� ��`� DATE
06/14/2022
RECEIVED
JUN 152022
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
D_E Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
ai��da�+w� f� 910.796.7215

ROY COOPER
Governor•
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
May 17, 2022
L � , �, , I �. L>
MEMORANDUM:
FROM:
Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Cameron IuckANCDENR.gov
SUBJECT:
CAMA/D & F
Applicant:
Masonboro Harbour Homeowners Association
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
1441Imington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
`"Additlonal comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only K the recommended changes
are incorporated. See attached. '
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
1�
AGENCY
__'_11
SIGNATURE
I111t�C�—� DATE 1,-15-21-)ZZ.
RECEIVED
JUN 15 2022
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental Quality I Division ofCuastai Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
k ,1-1 910.796.7215

North Carolina Wildlife Resources Commission D
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
RECEIVED
Division of Coastal Management
North Carolina Department of Environmental Quality
JUN 152022
FROM: Maria T. Dunn, Coastal Coordinator
MP SECTION
DCM MHD CITY
Habitat Conservation Division
DATE: June 15, 2022
SUBJECT: CAMA Dredge/FW Permit Application for Masonboro Harbour Homeowners
Association, New Hanover County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at the end of
Masonboro Harbour Road adjacent to Myrtle Grove Sound in Wilmington, NC. Our comments are
provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through
113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and
Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16
U.S.C. 703-712 et seq.).
The applicant proposes to conduct maintenance dredge activities within a previously permitted and
excavated basin, canal, and access chamrel for the community dock. The 425' by 30' access channel, 595'
by 20' canal, and 265' by 190' basin will be dredged to -5' NLW. This is the same dredge footprint as the
previously permitted areas, though final depths have been reduced from -6' NLW to -5' NLW due to
connecting water depths. Spoils generated from the project are to be desired to be placed the Shore Acres
Disposal Island at Shinn Creek, but no allowance has been received at this time. Myrtle Grove Sound at
this location is classified SA-ORW and is designated a primary nursery area (PNA) by the NC Division of
Marine Fisheries (NCDMF).
The NCWRC has reviewed the project proposal and does not object to permit issuance since this is a
previously permitted and maintained area within a PNA. PNAs are defined as those areas inhabited by the
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
embryonic, larval or juvenile life stages of marine or estuarine fish or crustacean species due to favorable
physical, chemical or biological factors. As a designated PNA, the creek provides an important rearing
area for this variety of estuarine fishes and invertebrates that need relatively undisturbed habitats.
Therefore, to minimize impacts to aquatic resources, an April 1— September 30 in -water work
moratorium is requested as a permit condition. The NCW RC also supports comments and
recommendations from the NCDMF to protect marine resources.
We appreciate the opportunity to review and comment on this permit application. If you need further
assistance or additional information, please contact me at [phone] or at
maria dunn64ncwildlife.org
RECEIVED
JUN 152022
MP SECTION
DCM MHD CCTV

DOCUSign Envelope ID: D0720EOF-CO96-4OF2-B56D-1 D106E373565
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 20, 2022
DW R #20010043v3
New Hanover County
Masonboro Harbour Homeowner's Association
Attn: William Kelsey
5149 Masonboro Harbour Drive
Wilmington, NC 28409
Subject: Approval of Individual 401 Water Quality Certification
Masonboro Harbour Maintenance Dredging
USACE Action ID. No. SAW-2001-00324
Dear Mr. Kelsey:
Attached hereto is a copy of Certification No. WQC005021 issued to William Kelsey and Masonboro
Harbour Homeowners Association, dated July 20, 2022. This Certification replaces the Certification
issued on March 6, 2009. 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)].
Please understand that the waters around your project area have been identified as a Nursery Area and
requests to dredge within these areas must be consistent with 15A NCAC 02B .0220; 15A NCAC 02B
.0222 which requires that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, maintenance of biological integrity, and
fishing, fish, and Primary Nursery Area(PNAs) wildlife; secondary contact recreation; and that activities
must not cause water pollution that precludes any best use on a short-term or long-term basis.
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
D—� Noah Carolina Department of Environmental Quality I Division of Water Resources
127 Cardinal Drive Eat. I Wilmington, Noah Carolin628405
"^ 910.796.7215

DocuSign Envelope ID: D0720EOF-009640F2-B56D-1D706E373555 Masonboro Harbour Homeowners Association
DWR# 20010043v3
Individual Certification #WQC005021
Page 2 of 13
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.
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. 143-215.51.
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
http://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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
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 15013-23(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.
DEQ2�
Sincerely,
North 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

DocuSign Envelope ID: D0720EOF-0096-4OF2-B55D-1D106E373565
Masonboro Harbour Homeowners Association
DWR# 20010043v3
Individual Certification #WQ0005021
EK
DocuSigned by: Page 3 of 13
mlq, sa,A.c�.t,' _U"
E3ABA14AC7DC434...
Morella Sanchez -King
Regional Operations Supervisor
Electronic cc: Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
Filename: 20010043v3_Masonboro Harbour HOA_IWQC_NHCo_Jul.22.docx
North 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
wxmu nvv na 919.707.9000

DocuSign Envelope ID: D0720EOF-0096-40F2-B56D-1D106E373565
Masonboro Harbour Homeowners Association
D W R# 20010043v3
Individual Certification #WQC005021
Page 4 of 13
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005021 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 0213.0200, to William Kelsey and Masonboro Harbour Homeowners Association, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on May 17, 2022, and by Public Notice issued by the Division of
Coastal Management on May 20, 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. 115A NCAC 02H .0506(b)]
Type of Impact
Amount Approved
Amount Approved
Plan Location or
(units) Permanent
(units) Temporary
Reference
Open Waters
Boat basin and
1.45 acres
N/A
Project narrative and
access channel
maintenance dredging
sheets 1 thru 3 dated
April 13, 2022
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION 115A NCAC 02H .0507(c)]:
1. Moratoriums
You will comply with any moratoriums per the NC Division of Marine Fisheries and the NC
Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC
Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine
Fisheries. If such activities should take place during periods of high biological activity (e.g.
anadromous species and shorebirds), biological monitoring may be required at the request of
other state and federal agencies and coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b), 15A NCAC 02H .0507(c), 15A NCAC 048.0125
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.
®E
��,r Noah Carolina Department of Environmental Quality I Division of Water Resources
Q2512 Noah Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
m*^� ryao, �/ 919,707.9000

DocuSign Envelope ID: D0720EOF-0096-40F2-B56D-1 D106E373565
Masonboro Harbour Homeowners Association
D W R# 20010043v3
Individual Certification #WQC005021
Page 5 of 13
2. 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.
3. The effluent water from the dredge spoil shall not be released into open shellfish waters
unless Shellfish Sanitation and the DWR Washington (252-946-6481) or Wilmington (910-796-
7215) Regional Office, as applicable, are notified and provide approval prior to the release.
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.
4. Canals or boat basins shall not be dredged beyond their original 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-5 feet Mean Low Water adjacent to the existing docking
facility.
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
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
5. All wetlands impacted by the placement of temporary construction equipment, materials and/or
clearing activities shall be restored to the preconstruction contours and elevations. The
impacted areas shall be revegetated with appropriate native species including woody species.
D � North 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
RpMeolol(ryi�tmpplOvl�

DocuSign Envelope ID: D0720EDF-0096-40F2-B56D-1D106E373565
Masonboro Harbour Homeowners Association
D W R# 20010043v3
Individual Certification #WQC005021
Page 6 of 13
Citation: 15A NCAC 02H .O506(b)(2)
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 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.
Citation: 15A NCAC 0211.O5O6(b); 15A NCAC 02H .05O7(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
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.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC O2H .0506,• 15A NCAC O2H .O507(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.
8. 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
North Carolina Department of Environmental Quality I Division of Water Resources
®� Q�� 512 North Salisbury Street 1 1617 Mail Service Center I Ralcigh, North Carolina 27699-1617
"4 cwrn A 919.707.9000

DocuSign Envelope ID: D0720EOF-Co96-4OF2-B56D-1D1O6E373565
Masonboro Harbour Homeowners Association
D W R# 200100430
Individual Certification #WQC005021
Page 7 of 13
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 04B .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)
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 far 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.
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 .0507(c); 15A NCAC 02B .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 watershall 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,
00, D rl �Z� Noah Carolina Department of Environmental Quality I Division of Water Resources
612 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Noah Carolina 27699-1617
p•n.Ynoiwn.mw �'�
919.707,9000

DocuSign Envelope ID: D0720EOF-CO96-4OF2-B56D-1D106E373565 Masonboro Harbour Homeowners Association
D W R# 20010043v3
Individual Certification #WQC005021
Page 8 of 13
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.
10. 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
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCG010000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .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 15 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. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity.. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is wider than the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
®NzAft�� North 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
urm.sn rmm�mi mr� /`�

DocuSign Envelope ID: D0720EOF-CO96-4OF2-B56D-i D106E373565 Masonboro Harbour Homeowners Association
DWR# 20010043v3
Individual Certification #WQ0005021
Page 9 of 13
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5% culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc:). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may lesult in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
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.
13. 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: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200,'15A NCAC 02B .0231
North 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
nv nHnnwn..mmim�

DocuSign Envelope ID: D0720EOF-0096-40F2-B56D-1D106E373565 Masonboro Harbour Homeowners Association
D W R# 20010043v3
Individual Certification #WQC005021
Page 10 of 13
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.
14. 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 02H .O5O6(b); 15A NCAC 02H .05O7(c); 15A NCAC 02B .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. 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, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC O2H.O5O6(b); 15A NCAC 02H .O5O7(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.
16. 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 .O506(b); 15A NCAC 02H .O5O7(c)
p North Carolina Department of Environmental Quality I Division of Water Resources
D E Q�/ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: D0720E0E-0096-40F2-EI56D-1 D106E373565
Masonboro Harbour Homeowners Association
DWR# 200100430
Individual Certification #WQC005021
Page 11 of 13
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. 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.
17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
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. 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.
18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0201
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. 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.
19. 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 02H .0507(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
North Carolina Department of Environmental Quality I Division of Water Resources
®E Q:> 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. Nonh Carolina 27699-1617
m�r�o.,.. n. 919.707.9000
ornrnmimum..�.mime� /��

DocuSign Envelope ID: D0720EOF-G096-4OF2-B56D-1 D106E373565 Masonboro Harbour Homeowners Association
DWR# 20010043v3
Individual Certification #WQC005021
Page 12 of 13
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.
20. 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 .0507(c); 15A NCAC 02B .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.
21. 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 .0507(c); N. C. G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or othersubstances upon notice of
discharge must immediately notify 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.
22. 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 in state 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
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.
23. 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
North Carolina Department of Environmental Quality I Division of Water Resources
®� �2� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
a-"-oirm...mmmr� 919.707.9000

DocuSign Envelope ID: D0720EOF-0096-40F2-B56D-1D106E373565 Masonboro Harbour Homeowners Association
D W RN 200100430
Individual Certification NWQC005021
Page 13 of 13
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: 1SA NCACO2H.0506(b); ISANCACO2H.0507(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 20th day of July 2022
DocuSlgned by:
E
ovt& S"vJ_u"
E3ABA14AC7DC,1U
Morella Sanchez -King
Regional Operations Supervisor
MSK/hs
D En �J� North 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
uwnmn iwn.e.aimr� /��

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
May 17, 2022
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca m e ro n. l u c k(a) N C D E N R. g ov
SUBJECT: CAMAID & F
Applicant: Masonboro Harbour Homeowners Association
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
Wilmington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: X_ This agency has no objection to the project as proposed.
"Additional comments may be attached" ***Comment is attached
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE I 1 for Shannon Jenkins DATE
06/01 /2022
RECEIVED
JUN 012R2
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
June 1, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(DNCDENR. aov
From: Shannon Jenkins, Section Chief
Shellfish Sanitation & Recreational Water Quality
SUBJECT: CAMA Application Review
Applicant: Masonboro Harbour Homeowners Association
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove
Sound in Wilmington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin,
canal and access channel of a community docking facility to a final
depth of—5'MLW.
The proposed dredging project involves the removal of material from an area that is
closed to shellfishing. Depending on the final location of the dredge spoils, a temporary
shellfish closure could be required. Please notify the Shellfish Sanitation and
Recreational Water Quality Section once the disposal plans are finalized and before any
dredging activity occurs.
RECEIVED
JUN 01 ZU21
MP SECTION
DCM MHD CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Orfice 11Z7 Cardinal Drive Extension I Wilmington.North Carolina28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Direaur
May 17, 2022
MEMORANDUM'
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca me ro n. I u c k(@ N C D E N R.g ov
SUBJECT: CAMA/D&F
Applicant: Masonboro Harbour Homeowners Association
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
Wilmington, New Hanover County.
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 202Z If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Wanda
AGENCY State Property Office
SIGNATURE W11416W WV-k" RECEIVED
DATE _,tune 2, 2022
JUN 0 3 ZUZZ
MP SECTION
DCM MHD CITY
DEQ� North Carolina Department of Environmental Quality lDivision ofCoastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
a•rnv'uu""^,^u'^w.,� /`� 910.796.7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Masonboro Harbour Homeowner's Association
2. LOCATION OF PROJECT SITE: End of Masonboro Harbour Dr., Masonboro Harbour Subdivision, adjacent
to Myrtle Grove Sound, in New Hanover County.
Latitude: 3408'8.47" N Longitude: 77°52'4.69" W
3. INVESTIGATION TYPE: CAMA & D/F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit-10/26/2021
Was Applicant Present — Yes
5. PROCESSING PROCEDURE: Application Received—1/26/2022
DWR Pre -file Date-10/28/2021
Complete Date — 5/12/2022
Office— Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — New Hanover Co.
Land Classification From LUP — Conservation/Resource Protection
(B) AEC(s) Involved: EW, PTA
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing —Municipal
Planned —N/A
(F) Type of Structures: Existing —Residential homes, bulkhead, breakwater, marina basin, canal, access
channel, marina docking facility
Planned — Maintenance dredging of previously dredged basin, canal, and access
channel
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands
B Non -Vegetated Wetlands (Open water
63,170 SF
(C) Other(highground)
—63,170 SF
(D) Total Area Disturbed:—126,340 sq. ft. (-2.9 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Closed within basin, open adjacent
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
8. PROJECT SUMMARY: The applicant proposes to maintenance dredge the existing basin, canal, and access
channel of a community facility to a final depth of -5 MLW.

Masonboro Harbour Homeowner's Association, Page 2.
9. PROJECT DESCRIPTION:
The project site is the existing community marina for Masonboro Harbour subdivision, located at the end of
Masonboro Harbour Drive, adjacent to Myrtle Grove Sound, in New Hanover County. The boating facility consists of
a basin measuring approximately 265' long by 190' wide, a canal measuring 595' long by 20' wide and an access
channel measuring 425' long by 30' wide connecting to the Atlantic Intracoastal Waterway (AIW W). The basin and
channel are stabilized by a vertical bulkhead, except for the north side of the basin that is stabilized by diagonal
concrete. The bulkhead on the north and south side that stabilizes the entrance canal becomes free-standing as it
intersects with open water ofthe AIW W. There are thirty-eight (38) authorized boat slips arranged along the floating
docks and finger piers within the basin. No Coastal Wetlands exist inside of the proposed project area. Any coastal
wetlands adjacent to the project area are separated by the authorized free-standing breakwater walls.
The original marina and basin channel excavation was authorized in 1988, under State Permit#7-88 which authorized
the creation of subdivision and upland basin. Permit #7-88 ultimately expired and was re -issued in 2001 under State
Permit #23-01 for the maintenance excavation ofthe existing of the basin, canal, and access channel to a depth of-6'
mean low water (MLW). The permit was renewed several times since the date of issuance. A Major Modification to
State Permit #23-01 was issued 3/20/09 as part of the Express Major Permit program for the replacement of a portion
ofthe marina's bulkhead and breakwater walls. A Minor Modification to State Permit #23-01 was issued 12/19/18 for
the reconstruction of the marina docking facility to its current configuration and maintenance dredging underneath the
floating docks. The last known dredge events according to DCM WIRO files were maintenance dredging to the access
channel in August 2017 and maintenance dredging under the floating docks in 2019 associated with the Minor
Modification. State Permit #23-01 ultimately expired on October 13, 2020.
The Wilmington -New Hanover County Land Use Plan classifies the area as Conservation/Resource Protection. The
waters in this location are classified as SA-ORW by the Division of Water Resources. The area is designated as a
Primary Nursery Area (PNA) by the Division of Marine Fisheries and is CLOSED to the taking ofshellfish within the
basin, however the waters adjacent to the entrance are OPEN to taking shellfish.
10. PROPOSED PROJECT:
The applicant proposes to maintenance dredge the existing basin, canal, and access channel of a community
facility to a final depth of -5 MLW. The applicant proposes to excavate the previously dredged basin, canal, and
access channel footprint via a barge mounted long reach excavator to connect to the AIW W at a connecting depth
of -5' MLW. The 425' long by 30' wide access channel connecting to the AI W W, the 595' long by 20' wide
canal, and the basin measuring approximately 265' long by approximately 190' wide basin would be excavated
using the bucket to barge method generating approximately 4,695 cubic yards of material from the previously
dredged footprint. The existing water depths within the access channel, canal, and basin are approximately -3'
MLW. The applicant proposes to dredge to a connecting depth of-5' MLW within the previously authorized
footprint. According to the application, based on current water depths, the last 10' at the mouth of the previously
authorized access channel footprint is below -5' MLW. The applicant is proposing to maintain the previously
authorized footprint at a connecting depth of-5' MLW as shoaling of the access channel occurs. (See Sheet 2 of
3)
According to application materials, the applicant proposes to use the Shore Acres Disposal Island at Shinn Creek
for spoil placement. However, no dimensions or letters of permission were provided. The applicant is aware that
dimensions and authorization of the spoil location will need to be provided before any of the proposed dredge
work can begin.
There are no proposed changes to the existing docking facility that was authorized under State Permit #23-01
11. ANTICIPATED IMPACTS:
The proposed maintenance dredging would disturb approximately 63,170 sq. ft. of bottom substrate within the
previously authorized footprint of the existing basin, canal, and access channel that has been excavated as recently
as 2019. As proposed, the basin, canal, and access channel would be excavated to the connecting depth of -5'
MLW. The approximate 63,170 sq. ft. of spoil will be placed on an upland location that is to be determined.
Minor increases in turbidity should be expected during excavation; however no long-term adverse impacts are
anticipated.
Submitted by: Bryan Hall Date: 5/16/2022 Office: Wilmington

Masonboro Harbour Project Description
The project site is the existing community marina for Masonboro Harbour
subdivision, located at the end of Masonboro Harbour Drive, off of Old
Myrtle Grove Sound Rd, adjacent to Myrtle Grove and Masonboro Sounds
in New Hanover County. The original marina basin and channel excavation
was authorized in 1988, under State Permit #7-88. The boating facility
consists of a boat basin, approximately 265 feet long and 190 feet wide
and a canal/access channel approximately 1020 feet long by 20/30 feet
wide (see drawing). The majority of the basin and channel are stabilized
by a vertical seawall, except for the north side of the basin which is
stabilized by diagonal concrete. The seawall that stabilizes the entrance
channel becomes free standing as it intersects with open water of the
Atlantic Intracoastal Waterway (AIWW). There are thirty-eight (38) boat
slips arranged around floating docks and finger piers within the boat basin.
This application is for maintenance dredging of the existing facility,
previously permitted under State Permit #23-01. Dredging will be
accomplished using a barge mounted excavator loading onto a transfer
barge. The spoils will be deposited on the Shore Acres Disposal Island at
Shinn Creek. This application is requesting a final project depth of -5 feet
at Mean Low Water (MLW). This project will generate approximately 4900
cubic yards of spoil material
The project proponent hereby certifies that all information contained herein
is true, accurate and complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review
and take action on the CWA 401 certification request within the applicable
reasonable period of time
T;�,�tva
DEC `Z tl 't0� I
�OMW1uM►NGTON, NO

Dom MP-1
APPLICATION for
Major Development Permit
(lest revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/Landowner Information
Business Name
>J Ro 0t1R 074COWA) s -qo
Project Named applftW) 1"I/SONB0a i4*k 4R
19) AA)CE ebr- n- PAMCI
Applicant 1: First Name
-LI
MI
Last Name
EL EY
Applicant 2: First Name
MI
Last Name
It additional applicants, please attach an additional page(s) wBA names listed.
Mailing Address
/hhSQQR01?0 / BOuR 16R
PO Box
City
(?fry
Stele
N C
ZIP
2QL401
Country
NEW plitjoVER
Phone No.
4)O-SJS-4004 ext.
FAX No.
Basel Address (adlAerenthanabove)
Clry
Slate
ZIP
Emall
WRE/.-5EY V rwc , C.ovv^
2. Agent(Contractor Information
Business Name
mA)SOO&RO HAR&V9
MEok) arz 9SSo•
Agani/ Contractor 1: First Name
WILL AM
MI
H
Lest Name
Agent/ Contractor 2: First Name
MI
Last Name
Melling Address
S-k4 I mAS0aS0R0 I*R&)uR
A2
PO Box
City
141i4nib670 V
State
N C
ZIP
� ' 4
Phone No. 1
110 - 5D 40T+ ext.
S'
Phone No. 2
ext.
FAX No.
Contractor k
Sheet Address (NdRiorentfrom above)
City
Stele
ZIP
Email
RECEIVED
<Form continues on backs
JAN 2 6 2022
DCM WILMINGTON. NC
202.808.2808 :. 1-330-LIPCOAST .. .vw:v.accoastatmaua}7emaut.nat.

Form DCM MP-i (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Locatlon
County (can be multiple)
Street Address
State Rd. d
Axw /-mijoven
mmsm o m9lMOVA 6P
Subdivislon Name
City
State
21p
A Asow gt)RJ KAR OUR
)LMIA?QZN
It\),-
219q
Phone No.
Lot No.(s) (It many, attach addidonal page with list)
ext
S E Is ,f's`t't ?9 c tl tZ
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
2UtRNcOAsrRR wfTGAWA
;PAr'iYifiaMS'i& L,f 1&AA;IY?Y
c. is the water boqW Identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Nature) Manmade ❑Unknown
mIt log. ]ZC S, VA).
e. Is p loosed work within city limits or planning jurisdiction?
1. It applicable, fist the planning jurisdiction or city limit the proposed
❑No
falls wiilhin.
/Jt`°'-(Yes
��w�vlwork
/ "p50fi eon0 TDWNSIi/P
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
A o . l 00 r--
IMP12Ox 60" sQ r
c. Size of individ al lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N (normalwalerlevel)
(if many lot Izes, please attach addMonal page with a list)
N �' ❑NHW or ❑NWL
e. Vegetation on tract
P)Np i--ORfiS7 (u1iN 0,A)=S ,:1 jib MT 97L�5 /�'i ?Jim
zNTRAC.0Y9s AI_ wh-FiSwWAY.
I. Man-made features and uses now on tract
Svso]0SION C-19A)IA01V 00C-k11VG 'Fl9clf fry
g. Identity and describe the existing tend uses adlacent to the proposed project site.
RES)AMN-hA1, cOMMVU17Y
h. How does local government zone the tract?
1. Is the proposed project consistent with the applicable zoning?
if ra S 1 D te tj-rkAL
(Act ch zoning compliance certificate, if applicable)
Yes ❑No ❑NA
I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes/zo
k Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes'XNo ❑NA
If yes, by whom?
I. Is the proposed project located In a National Registered Historic District or does it Involve a []Yes No ❑NA
National Register listed or eligible properly?
r1GVGly �"
<Fonn continues on next pages JAN 2 6 2022
pCM Wil MINGTON NC
262-e00-2008 :1 9.938-4RCOASY :: wwer.acco9sEolrnanaflem9n3. re9:

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Molar Development Permit
m. (1) Are there wetlands on the site?
❑ s No
(ii) Are there coastal wetlands on the sile?
-y ,a
L7iPes ❑No
/❑Yes)gko
(Ill) If yes to either (1) or (11) above, has a delineation been conducted?
(Attach documentation, fravallable)
n. Describe existingwastewater treatment fadlides.
coca) r SGwER
o. Describe axisgng ddnMV water supply source.
0-1?Y
OF wjLrnl'JGTOCJ
p. Describe existing storm water management or treatment systems.
N'�q
5. Activities and Impacts
a. Wil the project be for commercial, public, or private use? ❑Cammerclai
❑Publion3ovemment
ate]Gommunhy
b. Give a brief description o1 purpose, use, and dall operations of theproject when complete.
Y
COMPUul;Y DOCK
c. Describe the proposed construction.methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored. ,�
/Ofl�lJGJNC i0 %ft CombvZ-tCA t 6mr. RAR(-W
/AOV/l��
&,MVA jOR 1.041WN G ORebae SNO)A$ ONTO %31r�6�s
d. List all development activ)gss you propose.
/V/` g
/
G. Are the proposed activities maintenance of an existing project, new work or both?
/hi9JN i 4a?a)99CE hAEt W J6 (Jr h)O NG
m)Jf il& A
1. What is the approximate total disturbed land area resulting from the proposed project?
HSq.Ft or ❑Acres
CEO oOv S Sez� or- 009 V1 p 94V
AIWI A
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes No
[]NA
that the public has established use of?
h. Describe location and "of existing and proposed discharges to waters of the state.
I. Will wastewater orstormwater be discharged Into a wagand? ❑Yes o
❑NA
If yes, will this discharged water be of the same salinity as the receiving water? [Yes []No
❑NA
j. Is there any mitigation proposed? ❑Yes []No
If yes, attach a mitigation proposal.
<Fonn continues on back
RECEIVED
JAN 2 6 2022.
P52.808-2808 :: 1-888-4nCOAST r: vrvrw.nccoastaimanogemerQGMiWILMINGTON, NC

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
8. Additional Information
In addition to this completed application for, (MP-1) file following hems below, If applicable, mustbe submitted In order for the applicadon
package robe complete. items (a) - (Q are alivays applicable to any ma%ordevelopment application. Please consult the application
Instruction booklet on how to properly prepare the requited Items below.
a. A project narrative.
b. An accurate, dated work plat Qncluding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project Is any portion already complete? If previously authorized work, clearly Indicate on maps, plate, drawings to distinguish
between work completed and proposed.
c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable toDENR.
I. A oat of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return recelpte as proof that such
owners have received a copy at the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name /h itM M 1!-:J(n Phone No. 9/.p Syz 2-046,
Address JL?D AQt,A V)S'7A AR, 1Vfi1'rA1.\)CTOt�) NF- 2'Z40
Name Af,. .0RZORAH CASSteg Phone No.
Address 532-1 oil A rnaff oewE nD tvitnijtecToN ti c, 29�!(74 U j sob 5441-
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permlaes, and Issuing dates.
a"L 1-4-VYA -i'7-128 . wjL.rgjNOOW tOACfLyTJQ_T 7-8q
& trG'T)9Yl.OR�)160/64 Ro Noy 93 - O1
h. Signed consultant or agent authorization form, If applicable.
I. Wetland delineation, If necessary.
1. A signed AEC hazard notice for projects In oceanfront and mist areas. (Must be signed by properly owner)
k. A statement of compliance with the N.C. Erwironmental Policy Ad (N.C.D.S. 113A 1-10), It necessary. If the project Involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Envlronmental Policy Act.
i unaerstano mat any permit issuea in response,to tnis application win avow onry me aevetopmeni cescouea in the appuoaaun.
The project will be subject to the conditions and restrictions contained In the permit
I certify that I am authorized to grant, and do In fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify thit the 'nformatlan provided in this application is truthful to the beat of my knowledge.
Date 171124 Print Name iA71,Q-)AM/� . %�EL$cFY
Signature
ZoDacmm
indicate application attachments pertaining to your proposed project. RECEIVED
MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges antl Culverts
MP-3 Upland Development
❑DCM MP-4 Structures Information JAN 2 6 2022
DCM WILMINGTON, NC
252-808-2808 :, 1-888-4RCOAST :: www.ucconstalmanageniont.nok

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project Please include all supplemental Information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet.
Access
Channel Other
(NLW or Canal Boat Basin Boat Romp Rock Groin Rock (excluding
NIWL Breakwater shoreline
Length N stabilization
Width 30
Avg. Existing
Depth — 3 3 _ 3 NA NA
Final Project _
Depth — _ NA NA
1. EXCAVATION
a, Amount of material to be excavated from betcw NHW or NWL In b. Type of material to excavated. ❑This section not applicable
cubic yards.
14900 SILL. SAA
c. (0 Does the area to be excavated Include coastal wellands/mersh d. High -ground excavation in cubic yards.
(CM, submerged aquatic vegetation (SAV), shell bottom (SS),
or other wetlands (11I II any boxes are checked, provide the A, A
number of square feet affected.
❑CW _ ❑SAV ❑sB _
OWL _ ❑None
(11) Descrlbe the purpose of the excavation in these areas:
1z' LrisrusAL OFEXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal
5f�17'9i/iCR6$ �sa I$<y h tt1 �Nt Flu
c. (1) Do you claim title to disposal area? e �l :k d.
❑Yes )lo ❑NA
(0) If no, attach a letter granting permission from the owner.
e. (Q Does the disposal area Include any coastal wetlandahnarsh f.
(CW). Submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet effected.
❑CW _ ❑SAV ❑SB _
OWL _ ❑None
(9) Describe the purpose of disposal in these areas:
Dimensions of disposal area.
7-6b
(1) Will a disposal area be available for future maintenance?
es No ❑NA
(i It yes, where?
S6M 6S 0RJCltVAL-
(I) Does the disposal Include any area in the water?
❑Yes )lo ❑NA
(ill If yea, how much water area is affected?
JAN 2 6 2022
DCM WILMINGTON, NC:
232•BilFJ•lk:U6 :: 'i-800-lRCOAST :: w _ww.nccoa^petmanaCpMe•r, nap :1evisad:12/26106

P?C f d BCP" MP-2 (Excavation and Fill, page 2 of 21
3. SHORELINE STABILIZATION
(If development is a wood groln, Use MP-4— Structures) This section not appNcable
a. Type of shoreNnestabifizatbn: b. Length:
[]Bulkhead ORlpmp OBreakwater/Sill [JOther._
Width: _
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward o1 NHW or NWL:
e. Type of slabllizatlon material:
g. Number of square feet of fill to be placed below water level.
Bulkhead bacMlllRiprep__
Breakwater/Sill_ other_
I. Source of fill material.
=THERCTIVITIESine Stabilization)
a. (I) Will fill material be bmught to the site? []Yes []No ONA
If yea,
Of) Amount of materiel to be placed in the water _
(III) Dimensions of fill area
(iv) Purpose of fill
5 OENERAL
a. How w1I) excavated or }III material be kept on site and erosion
controlled?
1U)9 A'ARr�)QJRP-C--rLY ';6
Ehu cl;�
(I) Will na�ga at aide be required as a result of the project?
[]Yes ` a r ONA
(ii) If yes;.,
ea,, explain whet We and how they will be implemented.
f. (1) Has there been shoreline erosion during preceding 12
months?
[]Yes ONO I]NA
01) If yes, state amount of erosion and source of erosion amount
Information.
h. Type of all material.
This section not appl/cable
b. 0) Wpl fill matail d be pieced in coastal watlands/msrah (CM,
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)7 It any boxes are checked, provide the
number of square feet effected.
[]CW —_ OSAV __ OSS _
[]WL _ ONone
(a) Describe the purpose of the fill in these areas:
D. What We of construction equipment will be used (e.g., dmgline,
backfwe, or hydraulicdredgs)?
EX My►�i A oN etJRGC
&B CAT AoddL9? J=ta3 0J5.XDSf7Pz
d. 0) Will wetlands be crossed In transporting equipment to project
site? OYesIRNO ONA
(to If yea, explain steps that will be taken to avoid or minimize
environmental Impacts.
1.2 I ".t 21 _ luJ� J)9m A Kc cam" RECEIVED
Date / Y/aJN7s11—nRc
Applicant Name
mASc�N,13nRo i$0k4ABQ4c(/)a PAP <T JAN 2 6 2022
Project Name AppiicaM Signature
DCM WILMINGTON, NC
^Ge 3@CwCfiE :: ? �$13.9fiC0J.1S7 :: uw,nv.accoasitntman���� are reek revised: 9212EIAP,

Contact Names Bill Kelsey
Contact Email Addresax wkelsey@twc.00m
Project Owner' Masonboro Harbour Homeowners Association
Project Name' Maintenance Dredging
Project County' New Hanover
Owner Address: a Street Address
5149 Masonboro Harbour Dr
Address Line 2
City
Slate / Province / Region
Wilmington
NC
Postal / Zip Code
Connor
28409
USA
Is this a transportation project?' Yes No
Type(s) of approval sought from the DWR:
401 Water Quality Certification - 401 Water Quality Certification -
Regular Express
Individual Permit Modification
Shoreline Stabilization
Does this project have an existing project ID#?"
Yes No
Do you know the name of the staff member you would like to request a meeting with?
Bryan Hell
Please give a brief project description below and Include location information.'
Maintenance dredging of an existing reaeationai boat basin and
entrance channel previously permitted under DENR permit # 23-01
(expired October 2020).
Area of work is at the end of Masonboro Harbour Drive located in New
Hanover County.
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
• This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401
Certification Rule.
• I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
• I also understand that DWR is not required to respond or grant the meeting request.

Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting
location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you
can submit an application.
Signature"
Milli" A. Kesel
Submittal Date 10/28/2021

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
William Kelsey
5149 Masonboro Harbour Dr
Wilmington, NC 28409
Dear Mr. Kelsey,
NORTH CAROLINA
Envfromnental Qualfty
May 16, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Masonboro
Harbour Homeowner's Association, for State approval for development of the subject property located at the end of
Masonboro Harbor Drive, adjacent to the Masonboro Sound in New Hanover County. It was received as complete on May
12, 2022 and appears to be adequate for processing at this time. The projected deadline for snaking a decision is July 26,
2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you
have not been notified of a final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional
letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from May 12, 2022, you may request a meeting with the
Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will
be held within five working days from the receipt of your written request and shall include the property owner, developer,
and project designer/consultant.
NCGS I I3A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property; or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State
or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of
my field report and/or comments from reviewing agencies.
Sincerely,
Bryan Hall
Field Representative
cc: Cameron Luck, DCM
Holley Snider, DWR
USACE Maria Dunn, NC WRC
Christine Bouffard, LPO Kim Harding, DMF
North Carolina Department of Environmental Quality I Division of Coastalt tanagement
Wilmington Office 1127 Cardinal Drive Extension I MImington, North Carolina 29405
9I0.796.7215

NOTI(O'$14i
CAMA PERMIT
APPLIED FOR
licant
roposed to maintenance
r � L-r.T.1." T.T.?•.7 =GTE .T_T�T.a'� T'.�T_ p ►-Tc�T_Z1T_L •
in Wilmington, New HanoverCounty.
COMMENTS ACCEPTED THROUGH -a ne ia 2a22
APPLICANT:
Masonboro Harbour HOA
c/o William Kelsey
-5149 masonooro Rarbour Urive
Wilmingt:enr NC 28409
[phone]
Gwent n/a
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�~NC ulv. Of COaStai Manage ffOnt--
127
Cardinal r. Ext.
Wilmington,

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
BRAXTON DAVIS
Director
May 17, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
NORTH CAROLINA
EnHronmental Quality
a Mason Harbour Homeowners Association
Hello: Please publish the attached Notice in the Friday, May 20, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter
me at our Wilmington office. /
cc: MHC Files
Cameron Luck — MHC
USACE
M - Qar
should have any questions, please contact
;�' La D
ietila
Support & Customer Assistance
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wlimingtom North Carolina 26405
910.796.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
I I3A-119(b) that the following applications were submitted for a development permits in Areas of
Environmental Concern as designated under the CAMA: On May 16, 2022, Masonboro Harbour
Homeowners Association proposed to maintenance dredge the existing basin, canal and access
channel to a jhnal depth of -5' MLW at the end of Masonboro Harbour Dr., adj. to Myrtle Grove
Sound in Wilmington, New Hanover County. Copies of these applications can be examined or
copied at the office of Bryan Hall N.C. Dept. of Environmental Quality, Division of Coastal
Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone] during normal
business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to June 10, 2022 will be considered
in making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review & comment by the public and
state and federal agencies. Notice of the permit decision in these matters will be provided upon
written request.
�2$ North Caro" Department of Erntronmentel Quakty I DWlsion of Coastal Management
Wilmington Office 1127 Cardinal Drhe Extension I Wilmington North Cambw 28405
910.7961215
os l ✓

William Kelsey
5149 Masonboro Harbour Dr
Wilmington, NC 28409
January 26, 2022
Mr. Maurice Emmert
100 Aqua Vista Dr.
Wilmington, NC 28409
Dear Mr. Emmert,
I am writing this letter to inform you that we are applying for a new maintenance
dredging permit for the Masonboro Harbour community boat basin. Under this
permit, maintenance dredging will continue as it has in the past ten years.
I have enclosed a copy of the application package for your review.
If you have any questions about this permit please feel free to contact me at (910)
515-4004 or Mr. Bryan Hall of the NC Department of Environmental Quality (910)
796-7423.
Sincerely yours,
Wiliam Kelsey
RECEIVED
JAN 2 6 2022
DCM WILMINGTON NC

William Kelsey
5149 Masonboro Harbour Dr
Wilmington, NC 28409
January 26, 2022
Ms. Deborah Gasser
5216 Masonboro Harbour Dr
Wilmington, NC 28409
Dear Ms. Gasser,
I am writing this letter to inform you that we are applying for a new maintenance
dredging permit for the Masonboro Harbour community boat basin. Under this
permit, maintenance dredging will continue as it has in the past ten years.
I have enclosed a copy of the application package for your review.
If you have any questions about this permit please feel free to contact me at (910)
515-4004 or Mr. Bryan Hall of the NC Department of Environmental Quality (910)
796-7423.
Sincerely yours,
Willam Kelsey
RECEIVED
JAN 2 6 2022
DCM WILMINGTON, NC

' ■Complete Items 1, 2, and�3� Aid 2022 F rA■ Print your name and address on the reverse so that we can return the card to you.
■ Attach this card to the back of the mallpiece
or on the front if space permits.
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■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mallplece,
or on the front if space permRa.
1. Article Addressed to:
A,S Dg-13On1))a CIASSF1t
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Is dell a y address ddf7;t Rem 17 V Yes
N YES, enter delivery a delow: ❑ No
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RECEIVED
JAN 2 6 202?
DCM WILMINGTON, NC

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rd. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
5/16/2022
Masonboro
same (1 of 2)
First
1891
$75.00
Major Fee, End of Masonboro
BH rct.
Harbour HOA, Inc.
Citizens
Harbour Dr, Wilmington NHCo
17568
Bank
SPLIT 60/40

Date Date
Check From
Name of
Vendor
Check
Check
Permit
Rct, #
Received Deposited
Permit Holder
Number
amount
Number/Comments
5/16/2022
Masonboro
same (2 of 2)
First
1886
$400.00
Major Fee, End of Masonboro
BH rct.
Harbour HOA, Inc.
Citizens
Harbour Dr, Wilmington NHCo
17568
Bank
SPLIT 60/40

Major Permit Fee Schedule
Project Name: M*1vb#.o 4`lbil County: �� Check No & Amount:
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, noncommercial development
that does not involve the filling or
$250
100% ($250)
excavation of any wetlands or
open water areas.
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to i acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies.
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
enl that involves the fillingation
of more than one acre
$475
%($285)
40%($190)
s and/or open water areas:
Q

DCM Coordinator: Cam Luck
County: N
Permit #: 9
WIIR'OnE-MAIL
,DISTRIBUTION SHEET
1�
Circle o io Re Permit for: I ` iV r�V20YO hVO ) V rl
Oversize Plans sent:
DCM Offices: -\ 1
Morehead City: PT (if oversize) via Courier," 1 /
` Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet V
`MHC documents (Cam & Amanda) _
Wilmington: Original hard -copy _
ONLY USACE & DWR (1Mro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: nder & Carteret Co): PN, CL, Reports, Split Sheet _
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet_
g Currey (NH/BR: PN, CL, Reports, Split Sheet _
Div of Water Resources: olley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet
401 (PN/ON): PN, CL, Reports, Split Sheet
Div of Water Resources: ThenFMotalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
VIdm Harding
DCM Planner/WiRO:
%Mike Christenbury
Cultural Resources:
vf(Eenee Gledhill -Earley Environmental Review5)ncdenr.aov_
Natural Heritage Prog.
Ytodney Butler
DCA-Rural Eco. Dev:
vlGark Ziegler_
NC DOT:
45avid Harris _
Wildlife Resources:
✓Maaria Dunn w/Reports
State Property Office:
�Ff o Walton: DEED
li Moser
Wanda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:ry Humphrey (Bio) /
aron Gupton, Admin.
DEMLR: V15pstine Hall - Stormwater Section
Ddn Sams - Land Quality Section _
Public Water Supply: Keidi Cox
City of Wilmington: hr h r
Enforcement: Field Rep:
�,t Vt WA I'
_Co. LPO w f f 04
Agent:
DISTRIBUTED:

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
May 17, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDEN R.00v
SUBJECT CAMAID&F
Applicant: Masonboro Harbour Homeowners Association
Project Location: Located at the end of Masonboro Harbour Rd., adj. to Myrtle Grove Sound in
Wilmington, New Hanover County,
Proposed Project: The applicant proposes to maintenance dredge the existing basin, canal and
access channel of a community docking facility to a final depth of -5' MLW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by June 10, 2022. If you have any questions
regarding the proposed project, contact Bryan Hall at [phone] when appropriate, in-depth
comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT
AGENCY
SIGNATURE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
DATE
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

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New Hanover County, North Carolina Graphic scale
NAVD
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aara N. an.n x..I.w. a./.. eaa MlN[r aa011] .YNIN McLM•,aNrNE m.wMr.lq
xl ;;o M..I.— x€ ,No w: :•x•:r, PLAN VIEW - LOCATION MAPS & PROJECT AREA TM,YEan.aa wam aEao xa
fCAt '• ra/• SKIWI I OF a

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u

BIOS BOOK
2289
Mail after recording to:
PAGE
Masonboro Harbour Homeowners Association
.! ? 1i 1 i;:}C• it i:� J_, _ .., .... _... ..
5248 Masonboro Harbour Drive
Wilmington, NC 29409
This instrument was prepared by: Mark F. Carter Attorney at Law, P.O. Box 1847,
Wihington, NC 28402
Brief description for the Index: common area, Masonboro Harbour
Parcel Number: »a4 ooI oat OOo� 770P ooi 0/3 00 0 776V 0,0/ 0/41000. 7C96Z041�000
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER GENERAL WARRANTY DEED
THIS DEED, made and entered into this 30th day of December, 1997, by and between
WILMINGTON PROPERTIES, a North Carolina General Partnership, hereafter
GRANTOR, and, MASONBORO HARBOUR HOMEOWNERS ASSOCIATION, hereafter
GRANTEE. The designation Grantor•and Grantee as used herein shall include said parties, their
ll'irs, !,mo ,"sors, and ?Fsil-ns. a:ld Shall F;r.-ilar, -hir"1 rnprrrn ilir,n 4pminire or r,W 147T T^.
required by context.
WITNESSETH:
That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in
fee simple, all that certain lot or parcel of land situated in the County of New Hanover and State
of North Carolina, and more particularly described as follows:
Being all of the private roads and common areas in Masonboro Harbour
Subdivision, as shown on the maps of said subdivision recorded in Map Book 31
at Pages 200 through 202 of the New Hanover County Registry, reference to
which is hereby made for a more particular description.
TO HAVE AND HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple,
has the right to convey the same in fee simple, that title is marketable and free and clear of all
encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all
persons whomsoever except:
1. All restrictive covenants of record;
2. Ad valorem takes for the year of 1997 and thereafter;
3. All utility easements, permits and rights ofwav of record:
iIL.: iiilil rltalllili:j u:a:.S, tL!,U1..:1L'i1S, 0<"Ui:ii:iiCe5 1111(1 statuies'
0
5. The warranties herein shall not apply to any property lying within navigable waters or
below the mean high water mark.
Ptvfrn1'
MARK F. CARTER A77oRNEY AT LAW
TO255 NORTH FRONT STREET
097 DEC 30 PIS 4 29
RECORDED A VERIFIED
hiARY SUE OOTS
RE:;;STER OF DEEDS
RECEIVED
JAN 2 6 2022
DCM WILMINGTON. NC

50
BOOK PAGE
2289 088�
IN WITNESS WHEREOF, Grantor has hereunto set his hand and seal, or if corporate, has
caused this instrument to be signed in its corporate name by its duly authorized officers and its
seal to be hereunto affixed by authority of its Board of Directors, the day and year first above
written.
WILMINGTON PROPERTIES,
A Nf)P TTi CAP01 INA C?F',TrR AT.,
BY; ��l (seal)
General Partner
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, �'%�/c �. r}e a Notary Public of the County and the state
aforesaid do hereby certify that FRANK D. CARTER, in his capacity as General Partner of
WI NIINGTON PROPERTIES, a North Carolina General Partnership personally appeared
before me this day and acknowledged the due execution of the foregoing instrument for the
Witness my hand and official stamp or seal, this the ,PO day of Oe^ C.P— 4, ,
PM 1997, �
NOTARY PPUUBLICCCC
My Commission Expires:'
a�ZQ�AOoo
;AT'r?VT4 }7nT1A,T, cr•^T1
STATE OF NORTH CAROLINA
New Hanover County
The Forcgoingl Ann ..eed aniGcate(s) of
to be be Curcct. ,all
This the � day or_197
diary Sue oots , Register o Deeds
by
DeputylAATHH r
x
Pi - am
z MMaF
MARK F. CARTER ATTORNEY AT LAW
255 NORTH PRORT sTme: T
WILMINOTON, NORTH CAROUNA 28401
2
RECEIVED
JAN 2 6 2022
0
DCM WILMINGTON, NC

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343

December 14, 2022
Regulatory Division

Action ID No. SAW 2001-00324

Masonboro Harbour Homeowners Association
Attn: William Kelsey
5149 Masonboro Harbour Drive
Wilmington, NC 28409

Dear Mr. Kelsey:

Reference your application for a Department of the Army permit to conduct maintenance
dredging in a marina basin, an “inner access channel” and in an outer “entrance” channel to the
AIWW at the Masonboro Harbour Subdivision southeast of Wilmington, New Hanover County,
North Carolina.

The proposal is to dredge the above waterbodies to a final depth of – 5 Mean Low Water
Level (MLW) via the “bucket to barge” method to connect to the AIWW at its connecting depth
of -5 MLW. The dimensions of the outer “entrance” channel is 425 feet by 30 feet, of the
“inner” access channel 595 feet by 20 feet and of the upland basin 265 feet by 190 feet. The
proposal is also to use the Shore Acres Disposal Island at Shinn Creek for spoil placement. The
proposed maintenance dredging will disturb approximately 63,170 square feet of bottom
substrate within the previously authorized footprint of the existing basin, canal, and access
channel. This dredging will generate approximately 4,695 cubic yards of spoil material.

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
modified.

-2-

Questions or comments may be addressed to Greg Currey, Wilmington Field Office,
Regulatory Branch, telephone [phone] or email [e-mail].

Sincerely,

Greg Currey, Project Manager
Wilmington Regulatory Field Office

Enclosures:

Plans
Manatee Guidelines
GP 291 conditions

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. Ryan Doody

-2-

Special Conditions

1. All work authorized by this permit must be performed in strict compliance with the
submitted plans, dated April 13, 2022, 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. Prior to the initiation of dredging activities, permission must be obtained from the
owner(s) of the Shore Acres Disposal Island site to utilize this dredged material disposal
site.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

-3-

8. 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
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
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

9. Violations of these conditions or violations of Section 404 of the Clean Water Act or
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.

DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 198000291
Name of Permittee: General Public
Effective Date: January 01, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to do work in or affecting navigable waters of the U.S. and waters of the U.S., upon
recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act
of March 3, 1899 (U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is
hereby issued by authority of the Secretary of the Army by
District Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO AUTHORIZE THOSE CONSTRUCTION ACTIVITIES IN THE 20 COASTAL
COUNTIES RECEIVING PRIOR APPROVAL FROM THE STATE OF NORTH CAROLINA
IN THE FORM OF A COASTAL AREA MANAGEMENT ACT (CAMA) PERMIT, AND/OR
A STATE DREDGE AND FILL PERMIT, AND IF REQUIRED, A WATER QUALITY
CERTIFICATION, THAT ARE OTHERWISE NOT ELIGIBLE FOR FEDERAL
AUTHORIZATION IN THE FORM OF A NATIONWIDE PERMIT OR ANOTHER RGP.
Operating Procedures
a. Applications for joint state and federal authorization under this programmatic RGP will
be accepted through the North Carolina Division of Coastal Management (NCDCM). Receipt of
a complete application by the NCDCM will initiate the State's field review that will include a site
visit and preparation of a Field Investigation Report and a state Bio-Report. The NCDCM will
forward a copy of the complete application, its Field Investigation Report, and its Bio-Report, to
the appropriate Corps of Engineers field office, thereby initiating federal review of the project.
The Corps, upon receipt of an application, will immediately assign an action identification
number, acknowledge receipt thereof, and examine the application to assure that it can be
processed pursuant to this programmatic RGP. The applicant and the NCDCM will be furnished
written notification of the Corps' determination. Notification to the applicant will include a brief
description of the administrative process.
b. For those proposals that may result in a discharge into waters of the U.S., including
wetlands, the North Carolina Division of Water Resources (NCDWR) and the applicant will be
informed regarding the applicant's need to obtain a Water Quality Certification in accordance
with section 401 of the Clean Water Act.
c. If, at any time, the Corps determines that a proposed activity is eligible for
authorization under another regional RGP or a nationwide permit (NWP), this procedure may be
terminated and the activity authorized pursuant to the terms and conditions of the appropriate
RGP orNWP.
d. The permit review process conducted by the NCDCM is a public process involving
publication of public notices in local newspapers, public hearings, and various public appeal
procedures. The Corps may issue a separate public notice for a specific proposal if it is deemed
necessary for compliance with appropriate laws, regulation, and guidance.
e. This RGP does not, in any way, alter established procedures or responsibilities, as
required by federal laws, memoranda of agreements (MOA's) or administrative regulations, with
respect to the Corps' coordination with appropriate review agencies. The applicant will continue
to have the opportunity to rebut any objections to a proposal.
f. The Corps will provide copies of the application and plans, the NCDCM's Field
Investigation Report, and the state Bio-Report, to the U.S. Fish and Wildlife Service (USFWS),
the National Marine Fisheries Service (NMFS) the U.S. Environmental Protection Agency
(EPA), and any other federal agency that the Corps determines to be a necessary review agency
(collectively, the "Federal Agencies"). Receipt of this material will initiate the Federal Agencies'
review. The Federal Agencies will be allowed sufficient time, normally thirty (30) days, to
provide the Corps with their comments and recommendations, including any proposed permit
special conditions and recommendations of denial. The Corps may grant extensions of time for
Federal Agency review if justified by unusual circumstances. If an extension is granted that
would substantially delay an NCDCM decision, the application may be removed from this RGP
process.
g. The Corps will receive and review all Federal Agency comments as well as any
applicant rebuttal. Provided all Federal Agencies and the Corps are in agreement, the Corps will
prepare a coordinated federal position incorporating all Federal Agency comments, including
proposed permit special conditions and any recommendations for denial. The Corps will
typically furnish this coordinated federal position to the NCDCM within 45 days of its receipt of
the complete application, and copies of the Field Investigation Report and Bio-Report.
h. If the Corps does not concur with a Federal Agency's comments or recommendations,
the Corps will contact the Federal Agency and advise it of the Corps' position. Attempts to
resolve the issue may include initiating the referral procedures outlined by current memoranda of
agreement (MOA's) between the Department of the Army and the agency. No coordinated
federal position will be furnished to the NCDCM until and unless the Corps receives written
agreement from the Federal Agency that all issues have been resolved to the satisfaction of that
agency.
i. If any of the recommendations and/or conditions included in the coordinated federal
position are unacceptable to the NCDCM, the NCDCM will contact the Corps within ten (10)
days of receipt of the coordinated federal position and attempt to resolve the conflict. If
resolution of the conflict involves changes to the conditions or recommendations provided by the
Federal Agencies, the provisions of paragraphs g. and h. (above) will apply. If the conflict is
resolved to the satisfaction of the Corps and any affected Federal Agency, the NCDCM permit
will be issued and the authority of this RGP will apply.
j. If a Federal Agency conflict is not resolved within the time necessary for a decision by
the NCDCM, the NCDCM may proceed, independently, to conclude the state action without
inclusion of the federal position. In such case, the applicant and the NCDCM will be notified
immediately, in writing, that the state permit does not satisfy the federal permit requirements and
that the proposal in question may not proceed without federal authorization.
k. If the coordinated federal position is not in conflict with state agencies' positions, law,
regulation, or policy, and is acceptable to the NCDCM, a state permit will be developed by the
NCDCM fully incorporating the state and federal positions. The NCDCM will furnish copies of
the final permit to the applicant and the Corps. The NCDWR will furnish a copy of the Section
401 Water Quality Certification, if required, to the applicant and the Corps. The Corps will not
confirm the authorization of a proposed project under this RGP until the issuance of the NCDCM
permit and, if required, the Section 401 Water Quality Certification.
1. If the NCDCM permit or Section 401 Water Quality Certification is denied, the
applicant will be informed that federal authorization is denied without prejudice.
m. No work may proceed under this RGP until the Wilmington District Engineer or his
representative provides written verification that the procedures and conditions of the RGP have
been satisfied.
n. The NCDCM and the Corps will monitor all permitted work and periodically inspect
projects for compliance with permit conditions and applicable state and federal regulations. If
any violation of the NCDCM permit is discovered which would also constitute a violation of the
federal position, both the NCDCM and the Corps, in accordance with their respective regulations
and policies, may take enforcement action.
o. This RGP will not be used to authorize an activity when the Wilmington District
Engineer determines that the proposed activity would significantly affect the quality of the
human environment and therefore require preparation of an Environmental Impact Statement
(EIS).
General Conditions
a. Authorized structures located on or adjacent to Federally authorized waterways will be
constructed in accordance with the latest setback criteria established by the Wilmington District
Engineer. You may review the setback policy at
http://www.saw.usace.anny.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the Federally
Authorized Channel Setback, unless the activity is approved by the Corps. The Permittee must
obtain approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Except as authorized by this RGP or any Corps approved modification to this RGP, no
excavation, fill or mechanized land-clearing activities shall take place, at any time in the
construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
c. Authorization under this RGP does not obviate the need to obtain other federal, state,
or local authorizations.
d. All work authorized by this RGP must comply with the terms and conditions of the
applicable Clean Water Act Section 401 Water Quality Certification for this RGP issued by the
North Carolina Division of Water Resources.
e. 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
(North Carolina General Statutes Chapter 113A Article 4).
f. The activities authorized by this RGP must not interfere with the public's right to free
navigation on all navigable waters of the U.S. No attempt will be made by the Permittee to
prevent the full and free use by the public of all navigable waters at or adjacent to the authorized
work for a reason other than safety.
g. The Permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or if,
in the opinion of the Secretary of the Army or his/her authorized representative, said structure or
work shall cause umeasonable obstruction to the free navigation of the navigable waters, the
Permittee will be required, upon due notice from the Corps , to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States. No claim
shall be made against the United States on account of any such removal or alteration.
h. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the United
States and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
i. This RGP does not authorize any activity that would conflict with a federal project's
congressionally authorized purposes, established limitations or restrictions, or limit an agency's
ability to conduct necessary operation and maintenance functions. Per Section 14 of the Rivers
and Harbors Act of 1899, as amended (33 U.S.C. 408), no project that has the potential to take
possession of or make use of for any purpose, or build upon, alter, deface, destroy, move, injure,
or obstruct a federally constructed work or project, including, but not limited to, levees, dams,
jetties, navigation channels, borrow areas, dredged material disposal sites, flood control projects,
etc., shall be permitted unless the project has been reviewed and approved by the appropriate
Corps approval authority.
j. 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 28403-1343, email: [e-mail].
k. The Permittee will allow the Wilmington District Engineer or his/her representative to
inspect the authorized activity at any time deemed necessary to assure that the activity is being
performed or maintained in strict accordance with the Special and General Conditions of this
permit.
1. This RGP does not grant any property rights or exclusive privileges.
m. This RGP does not authorize any injury to the property or rights of others.
n. This RGP does not authorize the interference with any existing or proposed federal
project.
o. In issuing this RGP, the Federal Government does not assume any liability for the
following:
(1) Damages to the permitted project or uses thereof as a result of other permitted or
unpermitted activities or from natural causes.
(2) Damages to the permitted project or uses thereof as a result of current or future
activities undertaken by or on behalf of the United States in the public interest.
(3) Damages to persons, property, or to other permitted or unpermitted activities or
structures caused by the activity authorized by this RGP.
( 4) Design or construction deficiencies associated with the permitted work.
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
p. Authorization provided by this RGP may be modified, suspended, or revoked in whole
or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines
that such action would be in the best public interest. The term of this RGP shall be five (5) years
unless subject to modification, suspension, or revocation. Any modification, suspension or
revocation of this authorization will not be the basis for any claim for damages against the
United States Government.
q. No activity may occur in a component of the National Wild and Scenic Rivers System,
or in a river officially designated by Congress as a "study river" for possible inclusion in the
system while the river is in an official study status, unless the appropriate Federal agency with
direct management responsibility for such river, has determined in writing that the proposed
activity will not adversely affect the Wild and Scenic designation or study status. Information on
Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency
responsible for the designated Wild and Scenic River or "study river" (e.g., National Park
Service, U.S. Forest Service, etc.)
r. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of the
Marine Protection, Research and Sanctuaries Act of 1972, unless the applicant provides the
Corps with a certification from the Secretary of Commerce that the proposed activity is
consistent with the purposes of Title III of the Marine Protection, Research and Sanctuaries Act.
Information on marine sanctuaries may be obtained at http://sanctuaries.noaa.gov/#MN.
Permittees may not begin work until they provide the Corps with a written certification from the
Department of Commerce.
s. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places and its
codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the
Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation
Act, the activity is not authorized, until the requirements of Section 106 of the National Historic
Preservation Act (NHPA) have been satisfied. Permittees may not begin work until notified by
the Corps that the requirements of the NHPA have been satisfied and that the activity is
authorized.
t. If you discover any previously unknown historic, cultural, or archeological remains
and artifacts while accomplishing the activity authorized by this RGP, you must immediately
notify the Wilmington District Engineer of what you have found, and to the maximum extent
practicable, avoid construction activities that may affect the remains and artifacts until the
required coordination has been completed. The Wilmington District Engineer will initiate the
Federal, tribal, and state coordination required to determine if the items or remains warrant a
recovery effort or if the site is eligible for listing in the National Register of Historic Places.
u. Endangered Species.
(1) No activity is authorized under this RGP which is likely to jeopardize the continued existence
of a threatened or endangered species directly or indirectly or a species proposed for such
designation, as identified under the Federal Endangered Species Act (ESA), or which will
directly or indirectly destroy or adversely modify the critical habitat of such species. No activity
is authorized under this RGP which "may affect" a listed species or critical habitat, unless
Section 7 consultation addressing the effects of the proposed activity has been completed.
(2) Federal agencies should follow their own procedures for complying with the requirements of
the ESA. Federal prospective Permittees (and when FHWA is the lead federal agency) must
provide the District Engineer with the appropriate documentation to demonstrate compliance
with those requirements. The District Engineer will review the documentation and determine
whether it is sufficient to address ESA compliance for the RGP activity, or whether additional
ESA consultation is necessary.
(3) As a result of formal or informal consultation with the U.S. Fish and Wildlife Service
(USFWS) or NMFS, the District Engineer may add species-specific endangered species
conditions to the RGP verification letter for a project.
( 4) Authorization of an activity by a RGP does not authorize the "take" of a threatened or
endangered species as defined under the ESA. In the absence of separate authorization ( e.g., an
ESA Section 10 Permit, a Biological Opinion with "incidental take" provisions, etc.) from the
USFWS or the NMFS, the ESA prohibits any person subject to the jurisdiction of the U.S. to
take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to engage in any such conduct. The word "harm" in the
definition of "take" means an act which actually kills or injures wildlife. Such an act may include
significant habitat modification or degradation where it actually kills or injures wildlife by
significantly impairing essential behavioral patterns, including breeding, feeding, or sheltering.
(5) Information on the location of threatened and endangered species and their critical habitat can
be obtained directly from the USFWS in Raleigh, North Carolina at the address provided below,
or from the USFWS and NMFS via their world wide web pages at http://www.fws.gov/
or http://www.fws.gov/ipac and http://www.noaa.gov/fisheries.html respectively.
The Raleigh USFWS Office covers all NC counties east of, and including, Richmond,
Montgomery, Randolph, Guilford, and Rockingham Counties.
US Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, NC 27636-3726
Telephone: [phone]
(6) The Wilmington District, USFWS, NCDOT, and the FHWA have conducted programmatic
Section 7(a)(2) consultation for a number of federally listed species and habitat, and
programmatic consultation concerning other federally listed species and/or habitat may occur in
the future. The result of completed programmatic consultation is a Programmatic Biological
Opinion (PBO) issued by the USFWS. These PBOs contain mandatory terms and conditions to
implement the reasonable and prudent measures that are associated with "incidental take" of
whichever species or critical habitat is covered by a specific PBO. Authorization under this RGP
is conditional upon the Permittee's compliance with all the mandatory terms and conditions
associated with incidental take of the applicable PBO (or PB Os), which are incorporated by
reference in this RGP. Failure to comply with the terms and conditions associated with incidental
take of an applicable PBO, where a take of the federally listed species occurs, would constitute
an unauthorized take by the Permittee, and would also constitute Permittee non-compliance with
the authorization under this RGP. If the terms and conditions of a specific PBO ( or PB Os) apply
to a project, the Corps will include this/these requirements in any RGP verification that may be
issued for a project. The USFWS is the appropriate authority to determine compliance with the
terms and conditions of its PBO, and with the ESA.
(7) Northern long-eared bat (NLEB) (Myotis septentrionalis). Standard Local Operating
Procedures for Endangered Species (SLOPES) for the NLEB have been approved by the Corps
and the U.S. Fish and Wildlife Service. See
http://www.saw. usace.army .mil/Missions/Regulatory-Permit-Program/ Agency-
Coordination/ESA/. This SLOPES details how the Corps will make determinations of effect to
the NLEB when the Corps is the lead federal agency for an NCDOT project that is located in the
western 41 counties of North Carolina. This SLOPES do not address NCDOT projects (either
federal or state funded) in the eastern 59 counties in North Carolina. Note that if another federal
agency is the lead federal agency for a project in the western 41 counties, procedures for
satisfying the requirements of Section 7(a)(2) of the ESA will be dictated by that agency and will
not be applicable for consideration under the SLOPES; however, information that demonstrates
the lead federal agency's (if other than the Corps) compliance with Section 7(a)(2) / 4(d) Rule
for the NLEB, will be required in the PCN. Note that at the time of issuance of this RGP, the
federal listing status of the NLEB as "Threatened" is being litigated at the National level. If, as a
result of litigation, the NLEB is federally listed as "Endangered", this general condition (''s")
will no longer be applicable because the 4( d) Rule, and this NLEB SLOPES, will no longer
apply/be valid.
(8) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the
applicant 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
https ://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf
(9) If the Permittee discovers or observes any live, damaged, injured, or dead individual of an
endangered or threatened species during construction, the Permittee shall immediately notify the
Wilmington District Engineer so that required coordination can be initiated with the U.S. Fish
and Wildlife Service and/or National Marine Fisheries Service.
v. Permittees are advised that development activities in or near a floodway may be
subject to the National Flood Insurance Program that prohibits any development, including fill,
within a floodway that results in any increase in base flood elevations. This RGP does not
authorize any activity prohibited by the National Flood Insurance Program.
w. The Permittee must install and maintain, at his/her expense, any signal lights and
signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized
facilities. For further information, the Permittee should contact Coast Guard Sector North
Carolina at [phone] or email Coast Guard Fifth District at [e-mail].
x. If the display of lights and signals on the authorized structure is not otherwise
provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will
be installed and maintained by and at the expense of the Permittee.
y. It is possible that an authorized structure may be damaged by wave wash from
passing vessels. The issuance of this RGP does not relieve the Permittee from taking all proper
steps to ensure the integrity of the permitted structure and the safety of moored boats. The
Permittee will not hold the United States liable for any such damage.
z. Structures and their attendant utilities, authorized by this RGP, located on lands subject
to an easement in favor of the United States for the operation, maintenance, improvement, and
enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of
the Permittee, in the event that, in the judgment of the Corps acting on behalf of the United
States, the lands are needed at any time for any purpose within the scope of the easement.
Permanent buildings will not be constructed within the easement.
aa. The Permittee must maintain any structure or work authorized by this RGP in good
condition and in conformance with the terms and conditions of this RGP. The Permittee is not
relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee
simple of the work authorized by this RGP will automatically transfer this RGP to the property's
new owner, with all of the rights and responsibilities enumerated herein. The Permittee must
inform any subsequent owner of all activities undertaken under the authority of this RGP and
provide the subsequent owner with a copy of the terms and conditions of this RGP.
bb. At his/her sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP will not be applicable to a specific proposal. In
such case, the procedures for processing an individual permit in accordance with 33 CFR 325
will be available.
cc. Except as authorized by this RGP or any Corps approved modification to this RGP,
all fill material placed in waters or wetlands shall be generated from an upland source and will be
clean and free of any pollutants except in trace quantities.
dd Except as authorized by this RGP or any Corps approved modification to this RGP,
all excavated material will be disposed of in approved upland disposal areas.
ee. Activities which have commenced (i.e., are under construction) or are under contract
to commence in reliance upon this RGP will remain authorized provided the activity is
completed within twelve months of the date of the RGP's expiration, modification, or revocation.
Activities completed under the authorization of this RGP that were in effect at the time the
activity was completed continue to be authorized by the RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
~-------;? rt---ffr--.-/A ___ -
,,/
~ . ,, _/q~ __ /· '
,,.,,....,,, HeF~fam1nA. Bennett
Colonel, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
3

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.

Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.

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.