148-23 8055 Masonboro LLC

Permit Class
NEW
Permit Number
148-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issuedto 8055 Masonboro, LLC, 6316 Marywood Drive, Wihnington,NC 28409
Authorizing development in New Hanover County at ad'. to Masovboro Sound at 8055
Masovboro Sound Road in Wilmington as requested in the penmittee's application dated 3/l/23 (MP-1 MP-2
MP-3 MP-4) including work plan drawings (6) Sheets 1-5 dated 2/27/23 and Sheet 5a dated 12/13/23.
This permit, issued on December 15 2023 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and votes set forth below. Any violation
of these terms may be subject to civil or criminal penalties; or may cause the permit to be null and void.
Dockine Facility
1) This permit authorizes only the docks, piers, kayak launch,gazebo, channel marker relocation and
other structures and uses located in or over the water that are expressly and specifically set forth in
the permit application. No other structure, whether floating or stationary, shall become a permanent
part of this docking facility without permit modification. No von -water dependent uses of structures
shall be conducted on, in or over Public Trust waters without permit modification. [07J.0202(c);
07H.0208(a)(1)]
2) This permit authorizes amaxnmum of 7 formalized boa[ slips at this docking facility.[07J.0202(c)]
(See attached sheers for Additional Conditions)
This permit ach on maybe appealed by the permittee or otiser Signed by the authority of the Secretary of DEQ matte Chair
qualified persons within twenty(20) days of the issuing date of the Coastal Resources Commission.
This permit must be accessible on site to Department
personnel when the projectis inspected for compliance
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 15, 2028
In issuing this permit, the State ofNortis Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
For Draxton C. Davis, Director
Division of Coastal Management
This per ad its conditions are hereby accept
hgnature oflaehmittee

8055 Masonboro, LLC Permit No. 148-23
Page 2 of 3
ADDITIONAL CONDITIONS
3) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking. [07H.0208(b)(6)(C)]
4) The authorized pier spanning the navigable shore parallel slough shall provide a minimum vertical
navigational clearance of 6 feet, as measured from the mean high-water level to the lowest portion of the
pier structure. The authorized pier shall provide a minimum horizontal navigational clearance of 6 feet.
[07H.0208(a)(2)(G)]
5) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water. Screen or wire on the sides along with benches are
permitted. Lattice is specifically excluded from being used under this authorization.
[07H.0208(a)(2)(G)]
6) The roof of the covered gazebo shall not be designed for second story use. [07H.0208(b)(6)(F)]
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure. [07110208(a)(2)(13)]
8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather. [07H.0208(a)(2)(G); 113A-229(a)]
9) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work. [07H.0208(a)(2)(G)]
10) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
[07H.0208(a)(2)(G)]
11) Should the southern adjacent property be sold prior to the initiation of construction of the docking
facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum
setback, and authorization to construct the portion of the docking facility within the property owner's
riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of
the docking facility. [07H.0208(6)(1); G.S. 113-229(d)]
Upland Retaining Walls and Walkways
12) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the two retaining walls,
backfill, and walkways all as expressly and specifically set forth in the attached permit application and
workplan drawings. Any other work or development proposed in an Area of Environmental Concern
(AEC), including but not limited to the Coastal and Estuarine Shoreline AECs and located within the
applicant's property, shall require a review and authorization from the Division of Coastal Management
prior to work commencing. [07J.0202(c); 07110209; G.S. 113-229(b)]

8055 Masonboro, LLC
ADDITIONAL CONDITIONS
USACE Conditions
Permit No. 148-23
Page 2 of 3
13) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein.
The guidelines can be found at https://www.fws.gov/raleigh/pdfs/ManateeGuidelines20l7.pdf.
Sedimentation and Erosion Control
14) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. [07H.0209(d)(4); G.S. 113A-102(a); 07H.0207; 07H.0208]
15) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
[07H.0209(d)(4); G.S. 113A-102(a); 07H.0207; 07H.0208]
General
16) 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. [07H.0208(a)(2)(A); 07H.0208(a)(2)(B)]
17) 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. [07J.0406(b)]
18) 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.
[07J.0209(a); G.S. 113A-120(b)]
19) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. [07J.0209(a)]
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit
197800056 (Action ID SAW-2023-01149).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 20230741.
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 normal high-water level.
NOTE: An application processing fee of $250 was received by DCM for this project.