151-01 Permit Request/Maintenance Event 2010

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Gahagan & Bryant Associates, Inc.
295-A North Green Meadows Drive
Wilmington, North Carolina 28405
Phone [phone] Fax [phone]
www.gba-inc.com
43BA
ENGINEERS * SURVEYORS

APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
New Hanover County
Project Name (if applicable)
Mason Inlet Relocation Project
Applicant 1: First Name
Jim
MI
Last Name
lannucci
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
230 Market Place Drive, Suite 160
PO Box
City
Wilmington
State
NC
ZIP
28403
Country
USA
Phone No.
910 - 798 -
7139 ext.
FAX No.
910 - 798 - 7051
Street Address (if different from above)
City
State
ZIP
Email
2. Agent/Contractor Information
Business Name
Gahagan & Bryant Associates Of North Carolina,
PLLC
Agent/ Contractor 1: First Name
MI
Last Name
Chris
L
Gibson
Agent/ Contractor 2: First Name
MI
Last Name
Jamie
C
Pratt
Mailing Address
PO Box
City
State
295-A North Green Meadows Drive
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28405 3933
910 - 313 -
3338 ext.
910 - 279 - 4777 ext.
FAX No.
Contractor #
910 313 6822
N/A
Street Address (if different from above)
City
State
ZIP
Email
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
New Hanover
N/A
N/A
Subdivision Name
City
State
Zip
N/A
Wilmington
NC
-
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
, , , ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
Middle Sound and Atlantic Ocean
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
Atlantic Ocean
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
N/A
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
5,500 feet
N/A
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
-14 to +14 NGVD ❑NHW or ®NWL
e.
Vegetation on tract
N/A
f.
Man-made features and uses now on tract
None
g.
Identify and describe the existing land uses adjacent to the proposed project site.
Private island with residential homes
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential and Conservation
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ®Yes ❑No ❑NA
If yes, by whom? ATM, 2000
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 property?
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Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ❑Yes ®No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Adjacent properties are on septic systems.
o. Describe existing drinking water supply source.
Community Water System
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ®Public/Government
❑ Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
See attached project description
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.
See attached project description.
d. List all development activities you propose.
Hydraulic and mechanical maintenance dredging of Mason Inlet, Mason Creek and
AIWW. Nourishment and dune repair on
Figure 8 Island oceanfront beach.
e. Are the proposed activities maintenance of an existing project, new work, or both?
Maintenance of an existing project.
f. What is the approximate total disturbed land area resulting from the proposed project?
+/- 80 ❑Sq.Ft or ®Acres
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 type of existing and proposed discharges to waters of the state.
Surface runoff.
i. Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No ❑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 ❑NA
If yes, attach a mitigation proposal.
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (1) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including 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, plats, 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 to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of 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 Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
NCDENR Permit # 151-01 USACE Permit # 199901052
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
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 that the information provided in this application is truthful to the best of my knowledge.
Date June 25, 2010 Print Name Chris L. Gibson, PE
Signature
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
❑DCM MP-4 Structures Information
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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
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL)
stabilization)
Length
5500 ft.
Width
140-500 ft.
Avg. Existing
Elevation -2.5
Depth
MLW
NA
NA
Final Project
Elevation -8.5
Depth
MLW
NA
NA
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. fine/medium grain sand
162,600 cy
C. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SIB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
133,000 cy
2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Oceanfront beach on Figure 8 Island
C. (i) Do you claim title to disposal area?
❑Yes ❑No ®NA
(ii) If no, attach a letter granting permission from the owner.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL ®None
(ii) Describe the purpose of disposal in these areas:
4800 ft x 300 ft
(i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(ii) If yes, where?
Oceanfront beach on Figure 8 Island
f. (i) Does the disposal include any area in the water?
®Yes ❑No ❑NA
(ii) If yes, how much water area is affected?
4800 ft x 100 ft
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Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization:
❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
❑Yes ❑No ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b
If yes,
(ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
(i) Will fill material be placed in coastal wetlands/marsh (CW),
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ❑None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Utilization of temporary training dikes during placement. Backhoe, Hydraulic Dredge, Bulldozer, Dump Truck
C. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
June 25, 2010
Date
Mason Inlet Relocation Project
Project Name
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No ❑NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
New Hanover County
Applicant Name
Applicant Signature
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PROJECT DESCRIPTION
(3BA

PROJECT NEED
This document has been prepared in order to set in motion and implement another inlet
maintenance event. Several factors related to the inlet system have developed and mark
the need for a preemptive mitigation effort. Areas of particular concern include recent
interior shoaling threatening safe navigation in the Atlantic Intracoastal Waterway
(AIWW) shoaling and reduced tidal flow throughout Mason Creek and Inlet, as well as
extensive erosion of the oceanfront shoreline north of the inlet, imminently threatening
homes along the southern end of Figure "8" Island. Recent survey (April 2010) data of
the inlet system quantitatively support shoaling within the interior's various sub -sections
(i.e. Mason Creek/AIWW) which are approaching near capacity for a majority of the area
(Figure 1).
400,000
350,000
300,000
250,000
V
al
200,000 93 �n
0
O
L
fA
160,000
100,000
50,000
0
77%
❑ Capacity [to 0.0' NGVD] ■ Current Data -April 2010
BD%
230%
Inlet Channel Sedimentation Basin Mason Creek AIWW
Figure 1. Graph depicting inlet interior's shoaling status as of April 2010.
Percentage values indicate the degree to which each area is currently filled.
Particular areas of concern include the inlet channel and sedimentation basin strictly
because of the high degree of shoaling and limited space available until capacity is
attained. Mason Creek has faired well as a sediment trap since the first maintenance,
liming the overall amount of material entering the AIWW. However, due to the
increasing volume of sediment currently deposited within Mason Creek, the AIWW has
become the new sediment sink for the system and is currently beyond capacity. The
USACE Wilmington District has mandated that maintenance dredging be performed `to
1

remove recently shoaled material in order to maintain safe and efficient navigation in the
AIWW.' The dredging work within the AIWW must be completed before March 301h,
2011. Another maintenance event would greatly reduce the volume of material retained
in the inlet system overall, namely the Intracoastal Waterway and Mason Creek,
increasing overall water flow and flushing in the critical backbarrier marsh areas. The
storage capacity within Mason Creek would increase allowing it to become the targeted
area for sediment to naturally accumulate again. This would benefit not only the AIWW
navigationally but also flushing through the inlet channel as greater depths are maintained
due to reduction in shoaling there. Shoaling has been a concern at the inlet mouth ever
since Hurricane Ophelia (September 2005) impacted the area. Excavation of the shoaled
material increases flushing which could promote a more hydraulically efficient
connection between the open ocean and inlet interior. Dredging of areas within the inlet
will serve to provide material in need of disposal. An area of particular need for sand
exists along the southern 5,000-8,000 ft of Figure "8" Island. Oceanfront homes,
although protected by the previous maintenance events, are once again in danger as an
eroding shoreline encroaches upon their seaward limit and potential storms and their
associated waves threaten to undermine their supportive foundations. Nourishment in
this area will benefit two -fold by acting as a disposal site for dredge material and
supplying sand for an area in need of protection.
PROJECT PURPOSE
The purpose for this proposed maintenance of the inlet is to act in a timely fashion so as
to mitigate against foreseeable problem areas before they become active issues. The
basic tenet is to set in motion small-scale preemptive measures now that will serve to
alter the system in a way that avoids a future large-scale reactive maintenance. Our goal
is to avoid large-scale maintenance events that could be incited by a potential storm or by
allowing adverse conditions to persist until they pose a major threat that cannot be
mitigated in a timely fashion.
DEVELOPMENT OF PLAN
Prior to the inlet's first maintenance event, previously collected survey datasets revealed
several inconsistencies associated with pre -inlet relocation estimates of shoaling expected
to occur within Mason Inlet. Survey data revealed that the projected 375,000 cy of
material predicted to enter the inlet over the first 4-5 yrs after relocation, actually did so
within the first 9 months after inlet opening. As a result, the sedimentation basin filled to
capacity 3-4 yrs earlier than expected. An additional 75,000 cy of material shoaled
within the system during year two following inlet opening and settled primarily within
the primary feeder channels, Mason Creek and Banks Channel. Post -relocation survey
data supports estimates of annual shoaling rates for an equilibrated system that were
derived prior to relocation efforts. These estimates are relatively accurate but did not
take into account the initial—375,000 cy of material needed for flood shoal development
within a vacant sedimentation basin. However, during year 2 and following the initial
rapid infilling of the sedimentation basin as the flood and ebb -tidal deltas developed, the
2

recorded shoaling rates diminished greatly and assumed rates similar to those recorded
within the pre -relocated inlet system.
It was also determined that a majority of the 450,000 cy of material transported into the
inlet during the two years after relocation was derived from the southern 3,000 ft of
shoreline along Figure "8" Island's oceanfront. Beachfill amounting to 400,000 cy was
originally placed along the southern 10,000 ft of Figure "8" Island as a result of
excavation within the newly modified system. Losses in that area were expected to occur
in the original project design. The large volume of beachfill placed was considered
sacrificial and partially intended to compensate for the expected erosion of the oceanfront
and subsequent need for sand within the system as the ebb and flood -tidal deltas evolved.
However, the majority of sand eroded from the Figure "8" Island oceanfront was
contained within the southern 3,000 ft of the original nourishment area. This resulted in
shoreline retreat beyond the pre -inlet relocation condition for the area.
The volume of material transported into the inlet channel and sedimentation basin over
the first 9 months after inlet opening, effectively led to a less stable inlet configuration, as
well as excessive shoaling within portions of Banks Channel, Mason Creek, and the
AIWW. Under the original permitted maintenance plan, the material contained within
the sediment basin would be excavated and relocated to one of the adjacent oceanfront
beaches, and the original inlet design template re-established. This would in effect repeat
the modifications made prior to inlet opening. The problem with this scenario lies in that
it is highly probable that another similar episode of vast shoaling would occur soon after
any maintenance effort, as the system would assume establishment of some degree of
equilibration in the reformation of the flood -tidal delta. Also, material would most likely
erode off the southern end of Figure "8" Island, resulting in considerable losses to the
beach and dune. Taking these factors into consideration and learning how the system
responded to a massive overhaul, GBA modified the original maintenance protocol by
implementing a low -impact maintenance approach.
Prior to the first inlet maintenance event GBA's designed approach slightly altered the
original design. GBA's design included maintaining a majority of the flood -tidal delta
and targeted peripheral areas around the shoal in order to minimize impacts to the inlet's
equilibrium. The altered approach sought to reduce environmental impacts associated
with large-scale dredging throughout the system (sedimentation basin and feeder
channels), while promoting a more stable inlet configuration.
PRIOR MAINTENANCE EVENTS
The planned maintenance events included two major components: land -based excavation
of the southern tip of Figure "8" Island and the adjacent flood shoal in the sedimentation
basin area combined with hydraulically dredging Mason Creek to the original design
depth and performing any required maintenance of the AIWW. In order to save costs, the
intent of the design was to perform the dredging component in conjunction with the
maintenance dredging of the Banks Channel which the Figure "8" Beach HOA had
proposed for the winter of 2004/2005. The combined projects would provide a substantial
3

beach berm on the southern 8,000 feet of Figure "8" Island, while the material derived
from the land -based excavation would be used to rebuild the dune structures along the
southern 3,000 feet of developed area. Delays with the permitting process for the Banks
Channel Project resulted in the postponement of dredging operations until winter
2005/2006.
Further monitoring conducted during October 2004 revealed severe erosion along 7,000
ft of Figure "8" Island's oceanfront shoreline adjacent to the inlet thus threatening to
undermine several homes and property along the southern extent of the island. Losses
continued to impact the area during the latter part of 2004 with additional losses of
approximately 75,000 cy from October 2004 to January 2005. For these reasons it was
determined that the project should be divided into two phases. The land -based component
of the project would be the first phase and would be executed immediately to protect the
threatened homes. The second phase would involve the dredging of Mason Creek and the
AIWW and would be delayed until the winter of 2005/2006.
The first phase began on February 6th, 2005 and was completed in April 2005. During
the initial phase, —183,000 cy was removed from the inlet throat, along the northern inlet
margin, and within the original sedimentation basin with a pair of land -based excavators.
That material was truck -hauled and effectively placed as beachfill along a 4,500-ft
segment of shoreline fronting erosion -threatened homes and property starting 1,200 feet
from the inlet shoulder, extending north on Figure "8" Island. Erosion of the shoreline
continued to be problematic during construction and losses of approximately 45,000 cy
were incurred. Approximately 138,000 cy (75% of the material placed) remained on the
beach at completion of work in April 2005. Due to federal dredge -and -fill restrictions,
related to sea turtle and shore bird nesting, further maintenance of the inlet was placed
temporarily on hold.
The inlet's first maintenance event resumed a year later and occurred during the month of
April 2006. Phase two of the maintenance event involved hydraulic dredging of the
AIWW and Mason Creek along with placement of material along the southern extent of
Figure "8" Island's oceanfront. Periodic land -based and hydrographic surveys were
conducted to monitor performance of the fill and to determine the volume of material
remaining in -place during the construction phase. The total volume of material removed
from Mason Creek and the AIWW approximated 78,600 cy and 70,400 cy, respectively.
Ultimately, material amounting to 149,000 cy was hydraulically pumped along 3,200 ft
of Figure "8" Island's southern oceanfront shoreline and spanned much of the same
extent nourished a year prior during phase one. As was the case with last year's beach
nourishment project in the area, a certain amount of loss resulted from wave action and
natural sorting of material that occurred during the construction phase. Based on
volumes removed from dredged areas and periodic beach surveys, approximately 125,700
cy (84% of 149,000 cy dredged) was effectively placed on the beach at completion of
work. Losses can be attributed to wave action and natural sorting during construction
that redistribute material seaward of the project's limits and alongshore toward the inlet.
The fine fraction of the sediment composition is typically sorted out by wave action
during the adjustment of the project following initial construction.
2

This plan was implemented again during the winter of 2007/2008, utilizing a multi-
faceted approach to the overall maintenance project. Phase 1, the hydraulic portion,
removed approximately 23,500 cy of material from the AIWW and 184,000 cy from
Mason Creek. Sediment was disposed of on the oceanfront beach of Figure "8" Island,
creating essential storm berm and `natural' beachface. Sand was distributed along the
southern 5000 feet of beach, improved navigation within the Atlantic Intracoastal
Waterway and renewed the available storage area for material brought into the Mason
Creek Inlet complex during flood tides. Phase 2, a truck haul portion, removed
approximately 107,000 cubic yards of sand from the southern tip of Figure "8" Island,
building and repairing the primary dune system along the southern 7000 feet of the
beach. This portion of the project increased water depths in the inlet throat, along the
northern shoulder reducing the probability of Mason Inlet rapidly migrating to the south.
PROPOSED PLAN
Similar to the previous maintenance events, modifications will be made to the plan in
order to implement and enhance the effectiveness of the current event. The proposed
maintenance plan will keep the flood delta intact and perform dredging operations at
specific areas with limited depths. The areas to be dredged will be limited to the inlet
channel, Mason Creek, and the AIWW (Figure 2). The sedimentation basin will not be
directly dredged or excavated. Also, similar to the 2005 and 2007 maintenance events
and as expected, every effort will be made to limit environmental impacts associated with
a large-scale dredging effort.
In order to lessen the effects on the oceanfront shoreline a majority of material dredged
will be concentrated within Mason Creek and the AIWW. These areas, due to their
respective locations, pose a diminished role in affecting change across the oceanfront
beach. Areas such as the sedimentation basin and the inlet throat, being situated closer to
the inlet mouth, play a greater role in the balance of sediment transport pathways between
the oceanfront and inlet interior.
5

+ 1 s BANKS CHANNEL
u
1 —
FIGURE "d" ISLAND
W RIGHTSVILLEw9
BEACH
Figure 2. April 2010 aerial photograph depicting targeted areas for dredging and
excavation (red) along with nourishment (blue) during a second maintenance effort.
Ultimately, a concerted effort should be made to execute excavation of the inlet channel
simultaneous with hydraulic dredging of Mason Creek and the AIWW. This will
accomplish a more cohesive maintenance approach, rather than breaking down into two
separate phases, and it has the potential to enhance overall flushing of the system while
maintaining a stable inlet configuration. Dredging of the creek and AIWW would follow
the previous design template of 80 ft wide and —10.0 ft NGVD (-8.5 ft MLW). The point
at which excavation methods switches from hydraulic to mechanical means will be
determined by site conditions, so that a continuous channel is created. The material
would be hydraulically pipelined to the oceanfront beach within a proposed nourishment
area and bulldozed to a designed template berm elevation and slope. Due to draft
limitation within Mason Creek and the inlet, the dredge would start operations at the
AIWW, enter Mason Creek, and work toward the inlet as time permits. The pipeline
would be routed along the shoreline of Mason Creek, along the north corridor limit and
across the beach along the seaward toe of the primary dune.
The inlet channel and northern bank of the inlet throat will be focused upon once again
for excavation purposes. Due to this area's characteristic shoaling nature and high
accessibility, land -based mechanical excavators will be employed to remove material and
truck -haul it to the oceanfront beach. This process, employed previously, proved
effective in method and cost. By eliminating work with excavators across the flood
shoal, a greater emphasis will be given to concentrating excavation within the inlet
channel area. Excavators are extremely effective in this area and maintain the ability to
adequately relocate the northern inlet bank to the northern corridor limit.
IN

USACE Request for Work
(3BA

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REPLY TO
ATTENTION OF:
May 14, 2010
Regulatory Division
Action ID. 199901052
Mr. Bruce Shell
County Manager
New Hanover County
414 Chestnut Street
Wilmington, North Carolina 28401
Dear Mr. Shell:
Please reference the Department of the Army (DA) permit issued to New Hanover County
(County) on December 14, 2001 for maintenance dredging of Mason Inlet and Mason Creek near
Figure Eight Island, New Hanover County, North Carolina. This letter serves to notify the
County pursuant to Special Condition 17 of the DA permit that maintenance dredging is required
within Tangent 12, Section 3 between monuments T12-25 and T12-31 of the Atlantic
Intracoastal Waterway (AIWW) in New Hanover County, North Carolina. This dredging is
required to remove recently shoaled material in order to maintain safe and efficient navigation in
the AIWW.
During a survey conducted by the U.S. Army Corps of Engineers (USACE) on February 10,
2010, depths less than 7.0 mean low water (MLW) were recorded along the centerline of the
AIWW channel between monuments T12-25 and T12-31, near the Mason's inlet crossing of the
AIWW (see attachments). In accordance with your DA permit, the County shall cause the
shoaled area between monuments T12-25 and T12-31 to be dredged to a depth of 12 ft MLW; 2
ft of overdepth dredging is allowed. This work must be completed before March 30', 2011.
Please note that all conditions of your permit remain in full effect including Condition 2,
specifying allowable timeframes for work, and Conditions 18 and 19 related to disposal of
dredged material. Your failure to comply with these conditions could result in a violation of
Federal law. Any deviation in the authorized work required because of unforeseen or altered
conditions or for any other reason, may require modification to your permit. If such changes are
deemed necessary, the County shall submit to this office revised plans showing all changes and
shall not implement changes until such plans have been approved by this office. Additionally,

Pa
please be advised that in order to undertake the dredging required by this notice, you will likely
need project specific authorization from the NC Division of Coastal Management and/or the NC
Division of Water Quality. You should contact each of these agencies directly to determine what
action is necessary.
Thank you for your attention to this matter. Should you have any questions, please contact
Mr. Dave Timpy at [phone].
Sincerely,
William T. Walker, Chief
Wilmington Regulatory Field Office
Enclosures
Copies Furnished (without enclosure):
Mr. Ron Sechler
National Marine Fisheries, Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pete Benjamin
United States Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Molly Ellwood
Southeastern Permit Coordinator
NCWRC/Habitat Conservation Program
127 Cardinal Drive
Wilmington, North Carolina 28405
Joanne Steenhuis
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Ext
Wilmington, North Carolina 28405

N
Ms. Cyndi Karoly
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
2321 Crabtree Boulevard, Suite 250
Raleigh, North Carolina 27699-1650
Copies Furnished (with enclosure):
Mr. Doug Huggett
North Carolina Division of Coastal Management
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. Chris Gibson, P.E.
Gahagan & Bryant Associates, Inc.
100 Middle Point Road
Hampstead, North Carolina 28443

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PREVIOUS/EXISTING
PERMITS
ENMINEERA * SURWEYDRS

U.S. Army Corps of Engineers
Permit #199901052
ENMINEERA * SURWEYDRS

December 14, 2001
Regulatory Division
Action ID. 199901052
Mr. Dave Weaver
Assistant County Manager
New Hanover County
414 Chestnut Street
Wilmington, North Carolina 28401
Dear Mr. Weaver:
In accordance with your written request, and the ensuing administrative record, enclosed is a
Department of the Army (DA) permit to relocate Mason Inlet, excavate Mason Creek, construct a
sediment basin, and renourish the southern end of Wrightsville Beach, including maintenance
activities for thirty years. The project is located adjacent to the Atlantic Intracoastal Waterway
(AIWW) and the Atlantic Ocean, in Wrightsville Beach and Figure Eight Island, New Hanover,
North Carolina.
If any change in the authorized work is required because of unforeseen or altered conditions
or for any other reason, the plans revised to show the change must be sent promptly to this office.
Such action is necessary, as revised plans must be reviewed and the permit modified.
Carefully read your permit. The general and special conditions are important. Your failure
to comply with these conditions could result in a violation of Federal law. Certain significant
general conditions require that:
a. You must complete construction before December 31, 2031.
b. You must notify this office in advance as to when you intend to commence and
complete work.
c. You must allow representatives from this office to make periodic visits to your
worksite as deemed necessary to assure compliance with permit plans and conditions.

-2-
Should you have questions.. please contact Mr. Keith Harris, Chief of the Wilmington
Regulatory Field Office at (910) 251-463 L FILENAME:mason68.12a
CESAW-RG-LIHARRIS/ d
Sincerely, CESAW-OC {
CESAW-RG4VRTG'9j_)�f
CESAW-OPBUTLER
CESAW-DXBURCHR
CESAW-DDPM/TICKNER
James W. DeLony CESAW-DD/SHEPARD
Colonel, U.S. ArmyCESAW-DE/DELONY/s Q
District Engineer MAIL
CESAW-RG/FILE
Enclosures
Copy Furnished with enclosures:
Chief, Source Data Unit
NOAA/National Ocean Service
ATTN: Sharon Tear N/CS261
1315 East -west Hwy, Rm 7316
Silver Spring, MD 20910-3282
Copies Furnished with special conditions
and plans:
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Ron Sechler
National Marine Fisheries Service
Pivers Island
Beaufort, North Carolina 28516
BCF:
CESAW-RG-L/HARRIS
CESAW-RG-L/PENNOCK
Mr. William L. Cox, Chief
Wetlands Protection Section - Region IV
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street
Atlanta, Georgia 30303
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
1638 Mail Service Center
Raleigh, North Carolina 27699-1638
Mr. David Rackley
National Marine Fisheries Service
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
-D0�te�- _

Applicant: NEW HANOVER COUNTY File Number: 199901052 Date: 12 Dee 2001
Attached is: See Section below
X INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission) A
PROFFERED PERMIT Standard Permit or Letter ofpermission) B
PERMIT DENIAL C
APPROVED JURISDICTIONAL DETERMINATION
PRELIMINARY JURISDICTIONAL DETERMINATION DE
SECTIO�Tf11- The'follow ng identifies your his and opf ons'regazdmg an�admmmstTahve'appeal of the�abo�e4
'-decision Additional informa#ion may be ,found at http://usace army mUmet/functions/cw/cecworeg,or;. .71,
Co s-re ulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may acce t or object to the e
Y P J permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. if you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that
the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer.
Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right
to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a)
modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify
the pemrit having determined that the permit should be issued as previously written. After evaluating your objections, the
district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights
to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this
form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the
date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process
by completing Section II of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date
of this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received
by the division engineer within 60 days of the date of this notice.
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an
ipproved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may
,)rovide new information for further consideration by the Corps to reevaluate the JD.

�IION lI=REQUEST, ,FOR APPEAL or OBJECTIONSTQrANrTI.TIAL�PROFFERED
REASONS FOR APPEAL OR OBJECTION S: (Describe your reasons for appealing the decision or your objections to an
—1 proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons
or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
:larify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However,
rou may provide additional information to clarify the location of information that is already in the administrative record.
you have questions regarding this decision and/or the appeal
process you may contact:
Mr. Keith Harris
U S. Army Corps of Engineers, Wilmington District
Post Office Box 1890
Wilmington, North Carolina 28402-1890
If you only have questions regarding the appeal process you may
also contact:
Mr. Arthur Middleton, Administrative Appeal Review Officer
CESAD-ET-CO-R
U.S. Army Corps of Engineers, South Atlantic Division
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-8801
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
zonsultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15-day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
of appellant or
DIVISION ENGINEER:
Commander
U S. Army Engineer Division, South Atlantic
60 Forsyth Street, Room 9M15
Atlanta, Georgia 30303-3490
Telephone number:

DEPARTMENT OF THE ARMY PERMIT
Permittee NEW HANOVER COUNTY
Permit No. 199901052
issuing Office CESAW-RG-L
NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this
office" refers to the appropriate district or division office of the Corps of Engineers having jurisdiction over the permitted
activity or the appropriate official of that office acting under the authority of the commanding officer.
'f ou are authorized to perform work in accordance with the terms and conditions specified below.
Project Description: To relocate Mason Inlet, excavate Mason Creek, construct a sediment basin, and
renourish the southern end of Figure Eight Island or the northern end of Wrightsville Beach,
including maintenance activities for thirty years.
Project Location: Adjacent to the Atlantic Intracoastal Waterway (AIWW) and the Atlantic Ocean, in
Wrightsville Beach and Figure Eight Island, New Hanover County, North Carolina.
Per. -rut Conditions:
General Conditions:
l . The time limit for completing the work authorized ends on December 31, 2031 If you find that you need more time
:o complete the authorized activity, submit your request for a time extension to this office for consideration at least one month
before the above date is reached.
2. You must maintain the activity authorized by this permit in good condition and in conformance with the terms and
conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may
make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to
maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a
modification of this permit from this office, which may require restoration of the area.
If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by
this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state
coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National
Register of Historic Places.
ENG FORM 1721, Nov 86 EDITION OF SEP 82 IS OBSOLETE. (33 CFR 325 (Appendix A))

4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided
and forward a copy of the permit to this office to validate the transfer of this authorization.
`. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure
that it is being or has been accomplished in accordance with the terms and conditions of your permit,
Special Conditions:
SEE ATTACHED SPECIAL CONDITIONS
Further Information:
! Congressional Authorities: You have been authorized to undertake the activity described above pursuant to:
( X) Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403).
( X) Section 404 of the Clean Water Act (33 U.S.C. 1344).
( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1413).
2. Limits of this authorization.
a. This permit does not obviate the need to obtain other Federal, state, or local authorizations required by law.
b. This permit does not grant any property rights or exclusive privileges.
C. This permit does not authorize any injury to the property or rights of others.
d. This permit does not authorize interference with any existing or proposed Federal project.
Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following:
a. Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes.
b. Damages to the pennitted project or uses thereof as a result of current or future activities undertaken by or on behalf
e( the United States in the public interest.
c. Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity
ae:borized by this permit.
d. Design or construction deficiencies associated with the permitted work.

a
e. Damage claims associated with any future modification, suspension, or revocation of this permit.
4 Reliance on Applicant's Data: The determination of this office that issuance of this permit is not contrary to the public
s-, st was made in reliance on the information you provided.
1 Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances
*arrant. Circumstances that could require a reevaluation include, but are not limited to, the following:
a. You fail to comply with the terms and conditions of this permit.
b. The information provided by you in support of your permit application proves to have been false, incomplete, or
an:curate (See 4 above).
c. Significant new information surfaces which this office did not consider in reaching the original public interest decision.
Swh a reevaluation may result in a determination that it is appropriate to use the suspension, modification, and revocation
procedures contained in 33 CFR 325.7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326.5. The
zferenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms
and conditions of your permit and for the initiation of legal action where appropriate, You will be required to pay for any
oarrective measures ordered by this office, and if you fail to comply with such directive, this office may in certain situations
such as those specified in 33 CFR 209.170) accomplish the corrective measures by contract or otherwise and bill you for the
Est
6 Extensions. General condition I establishes a time limit for the completion of the activity authorized by this permit, unless
mete are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest
,frctsion, the Corps will normally give favorable consideration to a request for an extension of this time limit.
U-Our ignatHre below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit.
a j 0 1!;,t I i Lo
"RMITTEE) NEW, NO V4pO �[. 0 [oln�sl[ls (DATE;
_s permit becomes effective when the Vederal official, designated to act for the Secretary of the Army, has signed below.
II
1
WEER) JAMES W.
ONY, COLONEL
!;;I- Dcz c>i
(DA TE)
structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and
:additions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this
==nit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date
ac;ow. .
:R4NSFEREE)
(DATE)
*U.S. GOVERNMENT PRINTING OFFICE: 1986- 717425

PERMIT CONDITIONS
1. The work will be constructed in strict accordance with the attached plans and all conditions
of this permit. In addition, all initial work will be constructed in strict accordance with the
construction methods and sequencing as described in Section 1.3 of the Corps Environmental
Assessment (EA).
2. The permittee shall conduct all work, both new construction and maintenance, between
November 15 and March 30 of any year unless an exemption or extension has been specifically
requested from and approved by the Corps of Engineers.
3. The permittee shall not perform any maintenance or other work after completion of initial
construction of the project without providing a written report identifying the need for the
maintenance event. The permittee must submit this report to the Corps at least 120 days before
maintenance activities are anticipated. Each request will include monitoring data and analyses.
The Corps will coordinate with other Federal and state resource agencies. The Corps will
evaluate each maintenance request to in that project impacts, including cumulative effects,
are reasonable, that the mitigation is appropriate, and that the maintenance cycles are as widely
spaced as practicable considering the need of the maintenance activity to stabilize the inlet within
the inlet corridor.
4. The permittee shall provide advanced notice and arrange a pre -construction meeting among
the Corps, U.S. Fish and Wildlife Service (Service), North Carolina Division of Coastal
Management (NCDCM), the applicant, and all contractors within 30 days of construction in
order to discuss all permits and permit conditions, and to address all questions and concerns
regarding the project. No construction or maintenance event will begin until the applicant and all
contractors are aware of and fully understand the intent of all permit conditions.
5. Prior to the start of construction or any maintenance event, bathymetric surveys will be taken
of all areas to be temporarily or permanently impacted. These surveys will be submitted to the
Corps and include the following: aerial photography; beach and offshore profiles; new inlet area,
sedimentation basin area, existing inlet area, Mason Creek area and Atlantic Intracoastal
Waterway area. Following completion of the initial construction or any maintenance event,
temporary work areas, including stockpiles, will be returned to pre-project
rwontours These surveys
s
ed on the
surveys. Post -project surveys will be taken of all restored temporary work areas.
will be submitted to the Corps for verification that restoration is adequate. Restoration will be
considered satisfactory only upon receipt of the Corps' approval.
6. Monitoring is required as follows. At the anniversary of the completion of construction a
report will be provided to the Corps analyzing the data and providing an executive summary of
impacts of the project and mitigation accomplished. The monitoring requirements will be
reviewed and modified as appropriate in conjunction with the Corps review of a maintenance
event.

1
a. The permittee shall establish a minimum of three permanent monitoring transects
(minimum distance 600 feet) in Mason Creek to monitor biota (including macro invertebrates)
and physical conditions. Pre -construction data will be collected.
b. The permittee shall establish a minimum of one permanent monitoring station in Banks
Channel a minimum of 50 feet away from each side of the sediment basin to monitor biota
(including macro invertebrates) and water quality. Pre -construction data will be collected.
c. The permittee shall monitor a minimum of twelve transects (between mean high tide and
mean low tide along the beach disposal site) on Figure 8 Island for macro invertebrates and bird
usage. Pre -construction data will be collected.
7. The permittee shall cooperate with the North Carolina Division of Marine Fisheries
(NCDMF) oyster seeding program in the project area by providing dockage and loading facilities
for barges used in the NCDMF oyster seeding program. NCDMF will monitor this program to
insure that areas seeded are suitable for oyster seeding and seed about 10,000 bushels of oysters
annually until the first maintenance event. The Corps will evaluate this mitigation measure for
its effectiveness in offsetting fisheries impacts as part of their review of the first maintenance
event.
8. Dredging will be timed so that turbidities will be minimized to the maximum extent
practicable. (timed to avoid or halted just before and during storms and other periods of
potential high erosion, currents, and waves)
9. The placement of dredged material in the existing inlet and along the beach will be timed so
that turbidities will be minimized to the maximum extent practicable. (timed to avoid or halted
just before and during storms and other periods of potential high erosion, currents, and
waves)
10. The permittee shall not impact mature marsh on the north side of Mason Creek.
11. All sandbags and fragments will be removed from Shell Island Resort area and disposed of
properly in accordance with NCDCM requirements.
12. This Corps permit does not authorize the permittee to take an endangered species, in
particular the piping plover (Charadrius melodus), the seabeach amaranth (Amaranthus
pumulis), the West Indian manatee (Trichechus manatus) the green sea turtle (Chelonia mydas),
and the loggerhead sea turtle (Caretta caretta). In order to legally take a listed species, you must
have separate authorization under the Endangered Species Act (ESA) (e.g., an ESA section 10
permit or a Biological Opinion (BO) under ESA section 7, with "incidental take" provisions with
which you must comply). The enclosed US Fish and Wildlife Service (Service) BO, dated
March 14, 2001, and BO amendment, dated September 5, 2001, contain mandatory terms and
conditions to implement the reasonable and prudent measures that are associated with "incidental
take" that is also specified in the BO. Your authorization under this Corps permit is conditional
upon your compliance with all of the mandatory terms and conditions associated with incidental
take of the attached BO, which terms and conditions are incorporated by reference in this permit.
Pa

Failure to comply with the terms and conditions associated with incidental take of the BO,
where a take of the listed species occurs, would constitute an unauthorized take, and it would
also constitute noncompliance with your Corps permit. However, the Service is the appropriate
authority to determine compliance with the terms and conditions of its BO, and with the ESA.
For further clarification on this point, you should contact the Service. Should the Service
determine that the conditions of the BO have been violated, normally the Service will enforce the
violation of the ESA, or refer the matter to the Department of Justice.
13. The permittee shall undertake the project with extreme care. If, during construction or any
maintenance event, submerged materials are encountered, the permittee shall move work to
another area and contact the Corps and the North Carolina Department of Cultural Resources
(NCDCR), Underwater Archaeology Unit immediately at [phone] to investigate and
determine the proper course of action. The Corps will advise the permittee when
construction/maintenance may resume in the area of the archaeological investigation.
14. Shipwreck site 0002MAI, the remains of a wooden sailing ship, is located approximately 200
yards north of the Shell Island resort. Prior to beginning work on the project, the permittee shall
provide NCDCR with detailed plans for closure of the existing inlet. Upon receipt, NCDCR
staff members will attempt to pinpoint the present location and nature of site 0002MAI to assist
engineers of the proposed project in avoiding damage to the shipwreck.
Address: NC Department of Cultural Resources
Division of Archives and History
109 East Jones Street
Raleigh, North Carolina 27601-2807
15. The permittee shall implement compensatory wetland mitigation at the same time or prior to
beginning project construction as proposed in the applicant's mitigation plan, Attachment 5 of
the Corps' EA. Any deviation from the wetland mitigation plan will be coordinated with the
Corps and must receive specific approval before being implemented.
16. Within 30 days of permit issuance, the permittee shall develop and implement, in
consultation with the North Carolina Department of Environment and Natural Resources, the
North Carolina Wildlife Resources Commission, the U.S. Fish and Wildlife Service, the
National Marine Fisheries Service, and the Audubon Society, subject to approval by the Corps, a
shorebird and waterbird management plan and biological monitoring plan with regard to issues
related to nesting, roosting, and foraging habitat. In the event the Corps determines that the
results of those studies indicate that remedial action is necessary, the permittee shall implement
any such remedial action directed by the Corps.
17. The Wilmington District routinely surveys the AIWW, including the portion at its
intersection with Mason Creek, in order to assess dredging needs for maintenance of navigability
of the AIWW. The permittee shall notify the Wilmington District Regulatory Division two
weeks prior to the commencement of construction, to allow the District to perform a survey of
the area of the AIWW that will be potentially affected by the proposed project.
3

If the District Engineer, in his sole discretion, determines that shoaling has occurred within the
AIWW on Tangent 12, Section 3 between monuments T12-8 and T12-41, at any time during the
life of the project and that such section should be dredged in order to maintain safe and efficient
navigation on the AIWW, he will so notify the permittee in writing. The notification will specify
the area of the AIWW that must be dredged, the depth to which it must be dredged, and the time
frame within which dredging must begin (a minimum of 90 days will be allowed). The permittee
ified by the District Engineer to be dredged in a manner
shall cause the area of the A1WW spec
and within the time frame specified in the notice.
18. Borings of the proposed work area did not reveal the presence of any unsuitable (non -beach
compatible) material. The equipment and techniques to be used by the contractors must allow
for the inspection of all materials. All material dredged from Mason Creek, and any additional
material that is determined to be unsuitable beach material will be pumped to the diked settling
area for removal of unsuitable material. The applicant shall test all dredged material for beach
compatibility, and provide the tests to the Corps for confirmation before placing material on the
beach. Material deemed to be non -beach compatible will not be placed on the beach or in the
Corps' dredged material islands, but will be removed from the project area and placed in a high
ground site that has received specific approval from the Corps, NCDCM, and the North Carolina
Division of Land Quality.
19. The permittee shall maintain the dike walls constructed around holding areas for dredged
material to eliminate the release or escape of dredged material. Failure of a dike wall will result
in the immediate cessation of pumping into the specific diked area. Repair work on dike walls
will not begin until specific permission is requested and received from the Corps and NCDCM
with the exception of work necessary to provide emergency repair of dike wall failures.
20. The permittee shall comply with the attached US Coast Guard regulations.
21. 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 authorized representative, said structure or work shall
cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be
required, upon due notice from the Corps of Engineers, 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.
4

In addition, the permittee shall notify
NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit
Attention: Sharon Tear N CS261
1315 E West HWY RM 7316
Silver Spring, MD 20910-3282
at least two weeks prior to beginning work and upon completion of work.
22. The project will only be maintained for inlet stabilization purposes per the Inlet Management
Plan (Section 1.4 of the Corps EA).
23. The applicant will comply with all conditions of the 401 Water Quality Certification No.
3274, issued April 30, 2001 and modified on June 27, 2001 (Attachment 6 of the Corps' EA).
24. The applicant will comply with all conditions of the State Permit issued by NCDCM.
25. The permittee shall utilize bathymetric surveys and aerial photography required in
Condition 5 to determine the loss of intertidal areas as a result of pro] ect construction and
maintenance. Preproject surveys and post -construction and -maintenance surveys will be
provided to the Corps with all impacted intertidal areas tabulated. Annual monitoring reports,
provided to the Corps, North Carolina Department of Environment and Natural Resources, the
North Carolina Wildlife Resources Commission, the U.S. Fish and Wildlife Service, and the
National Marine Fisheries Service, will provide bathymetric surveys and aerial photography
indicating the amount of intertidal areas in the project area. The permittee shall address any
difference between preproject intertidal areas and the amount of intertidal areas formed post -
construction and propose appropriate remediation in the third annual monitoring report and
update the analyses in each annual report thereafter.
5

N.C. Department of Environment
and Natural Resources
Permit #151-01
GBA

s
Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Nature] Resources
and
Coastal 'Resources Commission
ante
for
X Maur DeveIopmcni in a:R Area cf Environmental Concern
pursuant to NCGS 113A- I l 8
X Excavation andlor $31iog pursuant to NCGS 113-229
Permit Number
151-D1
Issued to New Hanover Count}, 414 Chestmat Street, Wilmington, NC 2N401
Authorizing development in New Hanover County at Mason Inlet, adj. Atlantic Oeean, Mason
Creek and AIW'W , as requested in the pc:mittec's applicAtion dated 8/26/99, including
attached the workplan drawings (3�), as ref:reaced in Condition No.. 1 of this permit
:'pis permit, iasued on ?November 29, 2001 , is subjaet to compliance with the application (whcrc consisitnt
wi41t ti:e permit), all applicable regulations, special cmditians and rotes set fnrth below. Any violatior, of rhese terns may
be bubject to fines, impTieo v*, eat or civic action; or may causethc permit to be null an4void,
1) T'qc author+zt-d project small be done in compliance with the attached workplan drawings, Oacccpt as
tno4ife4 hereir.
Sheets 1-5, all dated 8I26/99
Shte,m 6, 7 dated 2I27101 and revised 11 M 101
Sheet 8 dated &24t99 and revised 11/2DQ1
Sheet 9 dated 2/27/01 and revised 11/21/01
Sheets 10.17 all dated 8/20/99 and revised 11121 /01
I Sliect 19-20 all dated 8/20/01 and revised 11/2 1)0 1
Sheet 21 dated and revised 11 /21/01
Sheets 22-24, all dated 8/26/99
Sheets25-28, all dared 8/26/99 and revised 11121/01
Sheets 29,32, all dated 9/26/99
(See attached streets for Additional Unditious)
This perr:it actiom may be appealed by the permimc or
other quahfiDd porsons within twenty (20) days of the iwjing
date. An appeal requlres molut on prior to work Wtiatiop or
Coptit]"nl;0 nt Thr C"O May bc,
This paIuit awsi be YcceBsiblc m-site to Department
porsoanel when the projoet is inspected for compliance.
Any maintenance work or project modificauae not covered
hereunder;oquiros farther Division approval.
All work must cease whoa the pcTm4 vXplrc� on
December 31, 2004
in ijupipg tELis porrait, the State of Norib Carolina agrees
Nit your projcot le conFintanl with the North Carolina Coastal
Management Program,
Signed by the authoTiTy of the Secretary of DBNR and t> c
Chairman of the Coastal Rceources Co nmisAlon.
D a D. Moffitt, Director
Division of Coastal Managcmcnt
This parmit and its conditinne nre hwaby &rcoptDd.
tgnature of Permittee

?New HaAov6lcunaty
ADDITIONAL CONDITTIONS
New Inlet Excavation
Per It #151-01
Page 2 of 7
2) Prior to and within two weeks of the excavation of 'Eiprc 8 Island, the temporary placement of
apprcximately 600 linear feet of snctt pile is authorized on the beachfront st the mouth of the proposed
new inlet pazalle) to and just landward of MHVV, as depicted on attached workplan drawings 5 and 7,
both dated 3/27/0L This s4tT pile would allowsubsequam excavation of [be new inlet chapel wLiic
preventing an inadvertentbreach during storm and spring tide events.
3) Removal of the sheet pile stmct�lre at the mourh of the, new inlet must be iniriated during the first ti—'ia
ayc]e following cpmpleti on of fhe dredgi_ig of tfiPnew ir:let,
j 71t depth of excavation of the new i,,�lct shall nol exceed —10 feet NGVD.
Sediment Basin
5} Ba5u1 upon commitments made by The pe enure, tht east -west dirieasion of the .sedim=r basin is
reduced by 100 feet. The Iimits of the revised sediment basin excavztior, shall not exceed those
indicated on at;&ched warkplan drawings 6, 7, and 9, all dated 3/27/01,
6) Tl e depth of excavation of the sediment basin, ilncNding tic portion of the Mason Creek ch :nnel
running through the sedir±rit basin shall not exceed —l2 feet NGVD,
Mason Greek Excavation
If sedt-rizntation barn m fail to prcverit sand mov=ent i--ito the Atlantic Intracoastal Waterway
�AIWM, Mason Creek shall be d.rt�dged during tidal conditions that prevent tidal flows into ttie Al- W-
8) The dredging of Mason Creek is limited to a bettorn );gdtls of 80 feat and a width of 140 feet at the 0.0
. (NGVp� elevation.
9) The 4epth of excavation of the Mason Crack shall not cxcced —10 feet NGVD, except thAt the portion of
Mason Creels that rt:ns through the sediment basin, shall not exceed —12 feet NGVD,
10) In order to reduoe 6cairn aTilation from entering the AIWW during project construction, a +/- 1,000 foot
long undrtdged plug will remain in place near the ATW9V, ud a ternporaxy sheet pile structure or other
approval sedimentation barrier installed near the ocean -side of the plug. The plug and Temporary sheet
pile or other approved sedimentation barrier shall be removed immediately following completion of the
dredging of both the sedimentation basin artd the new inlet.
11) The final dirnenslons of the sheet pile stricture shall be the absolute minimum necessary to ensure its
functionality, The final dimensions, design and locarion shall be approved by the Division of Coastal
MarnagernoTit prior m placement of the structure,

New Hanover Coubty
ADDITIONAL CONDMONS
Permit #151-01
Page 3 of 7
12) Material dredged from Mason Creek will be dewatered and stockpiled in a temporary 8-9 acre diked
high ground area on the northern side of the existing inlet. Prior to dredging, material from within the
stockpile area shall be bulldozed to create the 15-foot high dike and to deepen the site, allowing the
deposition of more dredged material. Additional temporary diked stockpiics may be created and locatod
on the south side of Mason Inlet, on high ground at the north end of the Shell island Resort, on North
Lumina Avenut', or on a portion of tho natural beach in front of the Resort.
Closing of Existing Inlet
13) Near the completion of the initial phase of Mason Creek dredging, the temporary placement of
approximately 600 to 700 linear feet of sheet pile or other approved temporary temporary shoring er
siltation barriers across the existing inlet is autbori�zd. The sheet pile or approved tt-,mparary
sbDring/siltation barrier will begin on the ocean -side of the stockpiled dredge material site and extend in
a southerly direction to tie into the oceanward face -of the sandbag revetment at the Shell Island resort.
14) Prior to the initiation of any construction authorized by this permit, a detailed wor4lan dra);Ing
depicting the location of this temporary sheet pile structure or approved temporary shoring/siltation
barrier across the mouth of the existing inlet shall be submitted to the Division of Coastal Managetent
for approval.
15) Removal of the sheet pile structure or approved temporary shoring/siltation barrier at the mouth of
existing inlet must be initiated during the first tidal cycle following the complrtc closure of the existing
inlet, Vac shcct pile structuro or approved temporary shoring/siltation barrier shall be allowed to remain
in place for a maximum of 30 days.
NOTE; The Division of Coastal Management will eracriain a request by the permittee to modify this
permit to allow the sheet pile or approved temporary shoring/siltation barrier to remain in place
for slightly more than 30 days only if work has begun 446 is ongoing on the closure of the
existing inlet, and reasonabiv assurances are provided that the authorized work will be oomple;ed
in as short a time as possible.
Beach Deposition apd Nourishment
16) Prior to the initiation of any beach nourishment activity above mean high water (MHW) within thr-
limits of the permittee's autborized beach deposition area, casements or other legal authorities to
undertake, tho authorized activity on each property must be obtained.
17) Prior to the initiation of any beach nourislunent activity, tho existing mean high water line must be
delineated and the line approved by representativos from the Division of Coastal Management. The
approved lines must be surveyed in and the survey submitted to Division, If nourishment activity ie not
initiated within sixty (60) days or there is a major shoreline change prior to the commencement of beach
nourishment, a now survey must be conducted.

New Hannveri County
ADDITIONAL CONDITIONS
Parmlt #r•151-01
Page 4 of 7
19) In order to protect threatened and endangered species and to minimize adverse impacts to offshore,
neazshom, intertidal and beach resources no beach nourish=nt activity may occur from April 1 to
November 15 of any year without prior approval from the North Carolina Division of Coastal
Managerncrit in consultation with the NC Division of Maine Fishtrics and tha NC Wildlife Resources
Commission,
19) In order to ensure that adverse impacts do not occur to nesting sea turtles as a result of the formation of a
scarp or from substrate compaction, the permittee sball undertake remedial action (i.e, ripping or tilling
of the nourished beach, leveling out the scarp) at the request of either the Division of Coastal
Management, rho US. Army Corps of L'ngineera or the US Fish and Wildlife Service,
NOTE: The permittee is advised that there may be additional timing restrictions placed on the authorized
project by the U.S. Army Corps ofEnginctn as part of the Federal pt rmitting protest. Nothing
in this State Permit should be construed as overriding or supereading any s,4ch Federal perr ,,
requirement.
20) Only beach quality staid shall be used for beach nourish --neat and/or inlet closure purposes.
Fuither=re, sand of similar grain siza to the existing beach will be used to MtQ cc any clla.nges in
physical characteristics of the beach. Any non -beach quality material must be disposed of in an
approved upland disposal area
21) ;should the dredging or excavation operations encounter any uon-beach compatible sand, the dredge
shall immediately cease operation and move to an approved area where suitable material does exist;
22) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
ce-not be made immediately, pumping of matcrial shall stop until such yaks arc fixed.
23) Duriug and after construction activities, a uniform, gradual beach slope will be maintained so as not to
endanger the public or interfere with the public's vse of the beach,
Npvgation
24) In accordance with commitments made by the pormittee, the following mitigative measures shall be
enacted, subject to any additional conditions contained herein. -
a) The permitter shall allow no development within its newly creaTcd 1,000 foot inlet corridor.
Additionally, the pertnittee shall prevent development of the " 1lutwproperty" by utilizing its 30-
year optio#2 to purchase a construction easement on the Nutaff property. A management plan for
these nrcas, as well as any area within the project location falling under State ownership, shall be
developed in consultation with tho U.S. Fish and Wildlife Service, tLc U.S. Army Corps of
Engineers, the: N.C. Wildlife Resources Commission, and the N.C. Division of Coastal Management.
This management plan must be finalized within 6 months of the issuance of this permit,
b) The pormiticc shall continue to investigate the purchase of all remaining tracts of the Masonbom
Island complex that are currently in private ownership.

New Hanover County
ADDITIONAL CONDITIONS
Permit #151-01
Page 5 of 7
c) Ordinaries shall be put into place that control and manage vehicular uses of the undeveloped area
north of the Town of Carolina Beach.
d) In accordance with the Dcccmbcr 2000 mitigation plan prepared for the proposed project, the
permittee shall restore the mAjority of the 10.7 acre Corps of Engineers Confined Disposal Facility
(CDF) located in close proximity ro the project site. The mitigation site habitat acmages include:
- Intertidal Marsh
5.2 acres
- High Marsh
2.1 acres
- S4b-Tidal Creeks
1,4 Aces
- Dare Sand A-roa
2.0 acres
- Preservation of adjacent
wetlends
19.0 acres
The beach -compatible material to be removed from the CDF may be placed on the beachfrorit,
Provided that all conditions of this permit dealing with beach nourishment are strictly adhered to.
All monitoring rcports associated with this mitigation effort shall be provided to the Division of
Coastal Managcrnent.
e) The permittee shall utilize bathymetric surveys and aerial photography required to determine the loss
of intertidal arcas as a result of project construction and maintenance. Pre -project surveys and post-
coristmetion and maintenance surveys will be provided to the Division of Coastal Managcmem with
all impacted intertidal areas tabulated. Annual monitoring reports will provide bathymetric surveys
and aerial photography indicating the amount of intertidal area in the project area, The permitmr
shall address any diffrronce between pre -project intertidal areas and the arriol rnt of intertdal areas
formed following project construction. Proposed remediation for any net loss of intertidal arcs must
be proposed in the third axtnual monitoring report.
25) In order to protect sea turtle nesting habitat, no work may be carried out on the beach between May and
November 15 of any year without first obtaining authorization from the Division of Coastal
Managemont, in coordination with the N.C. Wildlife Resources Commission and U,S, Fish and Wildlife
Service,
26) In order to ensure protection of all threatened and endangered species, all conditions of the U.S, Army
Corps of En$incers Individual Permit relating to suoh species protection shall be fully implemented.
27) Any additional mitigative measures oontained in the National Environmental Policy Act Environmental
Assessment document prepared for the proposed project shall be implemented unless specifically altered
horein.

New Hauover County
ADDITIONAL CONDITIONS
A!: aeola�ical Resourre Protection
Permit #151-01
Page b of 7
29) The N.C. Division of Archives and History has identified one shipwreck in the project area (#0JMAI)_
Extreme cart must be exorcisod when working in proximity to this historic and cultural resources site.
The applicant should contact the Division of Archives and History to discuss protection measures for the
shipwreck. Furthermore, should wiy unknown shipwrecks be encountered during the course of the
Project, all work in ibat area immediately cease, and the applicant immediately contact both the Division
of Coastal Management and the U& Army Corps of Engineers so that the atrpropriate coordination.na,
begin.
re Maintenance Excavation Events
29) Eacb futtue request for maintrnance excavation and subsequent beaob&ont disposal will require a
modiflcation of this Coastal Area Management Act/State Dredge and Fill Law Permit. Furthermore,
should the relocated inlet migrate outside of the inlet corridor area indicated on the workplan drawings
submitted with the permit application, a major modifoacion of the permit will be required. The
p=ittee is advised that the factors to be considered in reaching a decision on any such modification
request will include the migration of tbo new inlet, amount of material to be excavated, season of the
proposed work, infamtution collected during the various monitoring efforts following initial project
completion, succesa of the proposed wetland mitigation area, construction methodology, etc.
NOTE: The permittee is advised that future maintenance request should be driven solely by the
movement or shoaling in of the new inlet, not by the need for sand for beach nourishment
Purposes.
General
30) All conditions and stipulations of 401 Water Quality Certification No_ 3274 (Permit No. 000008), which
was isaued on 4/30/91 and revised on 6/27/01, must be strictly adherod to, Any violation of thr, Water
Quality Certification would also be considered a violation of the CAMAIDredge and Fill permit.
31) No in -water work will be permitted between April 1 and November 15 of any year without rise prior
approval of the Division of Coastal Management, in consultation with the Division of Marine Fisheries,
32) The petmittee is advised that the State of Notch Carolina claims title to any currently submerged lands
raised 4bove the mean high water line as a result of this project. The public will have rights of use such
newly created public beach,
33) All monitoring reports submitted to the U.S. Army Corps of Enginoms and/or the N.C. Division of
Water Quality must also be provided to the Division of Coastal Management,
NOTE. This permit does not eliminate the need to obtain any additional permits, approvals or
authorizations that may be required.

N.C. Division of Water Quali
401 Certification
WQC Project #000008
GBA

Michael F. Easley
Governor -
Sherri Evans -Stanton, Acting Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 27, 2001
q0 ( a�
Mr. Greg Thompson
New Hanover County
414 Chestnut Street
Wilmington, NC 28401
Dear Mr. Thompson:
Re: Revised Certification Pursuant to Section 401 of the Federal Clean Water Act,
Proposed Mason's Inlet relocation and associated dredging
WQC Project #000008
New Hanover County
Attached hereto is a copy of the revised Certification No.3274 issued to New Hanover County
dated June 27, 2000. This Certification replaces one issued to you on April 30, 2001.
if we can be of further assistance, do not hesitate to contact us.
{
7•
Attachments
nc ely,
err T teven
cc: Corps of Engineers Wilmington Field Office
Wilmington DWQ Regional Office
Doug Huggett, Division of Coastal Management
File Copy
Central Files
Karyn Erickson Applied Technology & Management of N.C., Inca
Steve Morrison, Land Management Group, Post Office Box 2522
201 Front Street, Ste 201
Wilmington, NC 28402
, Wiimington, NC 28402
A
tkl:D tE
Division or Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
wPtiand ,i4ol unit: [phone]

Michael F. Easley
Governor -
Sherri Evans -Stanton, Acting Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
THIS CERTIFICATION is issued in conformity with the requirements of Section 401 Public
Laws 92-500 and 95-217 of the United States and subject to the North Carolina Division of
Water Quality (DWQ) Regulations in 15 NCAC 2H, Section .0500. It is issued to New Hanover
County resulting in 1.9 acres of wetland impact 49 acres of open water dredging and 41 acres of
open water fill in New Hanover County pursuant to an application filed on the 4 day of June,
2000 with the final EA/FONSI and letter dated January 8, 2001 from Applied Technology and
Management of N.C., Inc. to relocate Mason's Inlet.
The application provides adequate assurance that the discharge of fill material into the
waters of the Atlantic Ocean (Mason's inlet) and Mason's Creek in conjunction with the
proposed development will not result in a violation of applicable Water Quality Standards and
discharge guidelines. Therefore, the State of North Carolina certifies that this activity will not
violate the applicable portions of Sections 301, 302, 303, 306, 307 of PL 92-500 and PL 95-217
if conducted in accordance with the application and conditions hereinafter set forth.
This approval is only valid for the purpose and design that you submitted in your
application, as described in the Public Notice. If you change your project, you must notify us and
send us a new application for a new certification. If the property is sold, the new owner must be
given a copy of the Certification and approval letter and is thereby responsible for complying with
all conditions. If total wetland fills for this project (now or in the future) exceed one acre or total
perennial stream impact exceeds 150 feet, compensatory mitigation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). For this approval to be valid, you must follow
the conditions listed below. In addition, you should get any other federal, state or local permits
before you o ahead with your project including (but not limited to) Sediment and Erosion
control, Coa�al Stormwater, Non -discharge and Water Supply watershed regulations.
Condition(s) of Certification:
Appropriate sediment and erosion control practices which equal or exceed those outlined in the
most recent version of two manuals, either the "North Carolina Sediment and Erosion Control
Planning and Design Manual" or the "North Carolina Surface Mining Manual" (available from the
Division of Land Resources in the DEHNR Regional or Central Offices). The control practices
shall be utilized to prevent exceedances of the appropriate turbidity water quality standard (50
NTUs in ail fresh water streams and rivers not designated as trout waters; 25 NTUs in all lakes
and reservoirs, and all saltwater classes; and 10 NTUs in trout waters);
2. All sediment and erosion control measures placed in wetlands or waters shall be removed and
the natural grade restored after the Division of Land Resources has released the project;
3. Measures shall be taken to prevent live or fresh concrete from coming into contact with
waters of the state until the concrete has hardened.-
4- Should waste or borrow sites be located in wetlands or other waters, compensatory mitigation
will be required since it is a direct impact from road construction activities;
5. Compensatory mitigation shall be done as outlined in the final EA/FONSI with the following
additions. -
a) Biological monitoring shall be for three (3) transects rather than the two proposed,
b) Biological monitoring shall be for five years. Three copies of annual reports shall be sent to
DWQ for review and comment and recommended modifications shall be implemented to
ensure success,
APA,vw
iT DEF
Division of Water Quality 1621 Mail Service Center Raleigh, NC 27699-1621
Hier �r is/drl� 1 )nit- (Q1 Q) 7RF.

Michael F. Easley
r^J Govemor -
r i
Sherri Evans -Stanton, Acting Secretary
ss Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
6 Applicant shall submit within four mouths for written DWQ approval a plan to monitor marshes
adjacent to Mason's Creek. This plan shall included measure, to compare the predicted water
velocities to help understand and compensate for any observed impacts to marshes. If this
monitoring reveals an additional loss of wetlands in this area, then additional compensatory
wetland mitigation will be required.
7. All other conditions of General Certification #3274 are hereby incorporated by reference.
Violations of any condition herein set forth shall result in revocation of this Certification and
may result in criminal andlor civil penalties. This Certification shall become null and void unless
the above conditions are made conditions of the Federal 404 and/or coastal Area Management
Act Permit. This Certification shall expire upon expiration of the 404 or CAMA permit_
If this Certification is unacceptable to you have the right to an adjudicatory hearing upon
written request within sixty (60) days following receipt of this Certification. This request must be
in the form of a written petition conforming to Chapter 150B of the North Carolina General
Statutes and filed with the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C.
27611-7447. if modifications are made to an original Certification, you have the right to an
adjudicatory hearing on the modifications upon written request within sixty (60) days following
receipt of the Certification. Unless such demands are made, this Certification shall be final and
binding.
This the 27 `' day of June, 2001
DIVISION OF WATER QUALITY
err tevens
Divisic.^. of Water Quality 1621 Mail Service Center Raleigh, NC 27649-1621

Michael F. Easley
- — Governor
Sherri Evans -Stanton, Acting Secretary
Department of Environment-ond Natural Resources
Kerr T. Stevens
Division of Water Quality
DWQ Project No.:
Applicant:
Date of Issuance of 401
Water Quality Certification:
County:
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, and any subsequent modifications, the applicant is required to
return this certificate to the 401/Wetlands Unit, North Carolina Division of Water Quality,
1621 Mail Service Center, Raleigh, NC, 27699-1621.This form may be returned to DWQ by
the applicant, the applicant's authorized agent, or the project engineer.lt is not necessary to
send certificates from all of these.
Applicant's Certification}
hereby state that, to the best of my abilities,
due care and diligence`was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Date:
Signature:
Agent's Certification
1, - - _- __ , hereby state that, to the best of my abilities,
due care and diligence was used in the observation of the construction such that the
construction was observed to be built within substantial compliance and intent of the 401
Water Quality Certification -and Buffer Rules, the approved plans and specifications, and
other supporting materials.
Signature:
Date:
+' a Cer t f{ed pr ofessio,^.
a!
tills pri�jc�t'r'r'aS ucSiyiic.J .JJ'
1 , as a duly registered Professional
(i.e., Engineer, Landscape Architect, Surveyor, ect.) in the State of North Carolina, having
been authorized to observe (periodically, weekly, full time) the construction of the project,
for the Permittee hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and
Buffer Rules, the approved plans and specifications, and other supportingpmaterials.
Signature Registration No.
NCH 1'KA\ -
Division of Water Quality 1621 Mal Service Center Raleigh, NC 27699-1621

SHPO Letter
(3BA

Nortb Carolina Department of Cultural Resources
:amcs B. Hunt Jr., Govemor
Ec::j• Ray MCC21L, 5ecrctary
October 13, 1997
Steve Morrison
Environmental Consultant
Land Management Group, Inc.
P.O. Box 2522
Wilmington, NC 28402
Re: Request for information concerning the
preparation of an environmental assessment for
the proposed dredging in and near Mason's Inlet,
New Hanover County
Dear Mr. Morrison:
Division or Archives and Eis:cr:
kffrey )- Crow, D,'=,c-
As requested, members of our Underwater Archaeology Unit reviewed the proposed
dredging of Mason's Inlet, Mason's Inlet Creek, Banks Channel, and Bich Inlet
Creek and determined that the dredging constitutes a major bottom disturbance.
A review of historical records indicates that these channels were shallow and
seldom used. In addition, Mason's Inlet and Rich Inlet have been unstable and
prone to move north and south thus altering channel alignments_ Recently,
significant portions of Banks Channel and Rich Inlet Creek have been dredged -
Based on this information, the proposed dredging occurs in an area that holds a low
to moderate potential for containing submerged cultural remains. We, therefore,
recommend that no underwater archaeological investigation be conducted in
connection with the dredging portion of the project.
We would like to notify you that this project should be undertaken with extreme
caution. if during construction submerged maieriais are encountered, work shouid
move to another area and our Underwater Archaeology Unit be contacted
immediately (910/458-9042). A staff member will be sent to make an assessment
of the remains and determine the proper course of action.
The above comments are made pursuant to Section 106 of the National Historic
Preservation Act and the Advisory Council on Historic Preservation's Regulations
for Compliance with Section 106 codified at 36 CFR Part 800.

Thank you for your cooperation and consideration. if you have questions
concerning the above comment, please contact Renee Gledhill -Earley, environmental
review coordinator, at 91 9/733-4763.
Sincerely,
David Brock
Deputy State Historic Preservation Officer
DB:s1w
cc: John Parker, Division of Coastal Management
Wayne Wright, Army Corps of Engineers, Wilmington

REPARIAN HOMEOWNERS
LIST
ENMINEERA * SUP VEYDRS

Permit Application - Mason Inlet Maintenance, and Banks Channel Maintenance
Riparian Notification List for Oceanfront lots 108 - 188 Beach Road South.
And Other Adjacent Riparian Landowners.
Owners and addresses updated June 28, 2010
Mr. and Mrs. Herbert H. Browne, Jr. 108 BRS
868 Cherokee Road
Charlotte, North Carolina 28207
Mr. Adair M. Graham 110 BRS
545 Arboretum Drive
Wilmington, North Carolina 28405
Mr. Edmund T. Buckman, 1I1 112 BRS
Buckman Family, LLC
102 Forest Drive
Washington, North Carolina 27889
Mr. Hall F. Barnett 114 BRS
2319 Lakeview Drive
Raleigh, North Carolina 27609
Mr. Charles Woodrow Smith, Jr. 116 BRS
114 Martingale Lane
Wilmington, North Carolina 28409
Mr. Kenneth L. Huggins 118 BRS
118 Beach Road South
Wilmington, North Carolina 28411
Mr. James H. Wilson 120 BRS
2792 Fieldwood Court
Winston-Salem, NC, North Carolina 27106
Mrs. Blair Hughes 122 BRS
HTH Partnership
2209 White Oak Road
Raleigh, North Carolina 27608
Mr. Thomas G. Fisher 124 BRS
920 Cowper Drive
Raleigh, North Carolina 27608
Mrs. Paula Bushardt 126 BRS
1513 Futch Creek Road
Wilmington, North Carolina 28411

Dr. George C. Venters 128 BRS
905 Williamson Drive
Raleigh, North Carolina 27608-
Mr. MattH. Nowell 130 BRS
P.O. Box 10005
Raleigh, North Carolina 27605
Mr. Jimmy B. Strickland 132 BRS
251 SW Pine Valley Road
Winston-Salem, North Carolina 27104
Mr. William D. Poe, Jr. 134 BRS
I Ili Cowper Drive
Raleigh, North Carolina 27608-
Mr. William C. Smith, Jr 136 BRS
PO Box 1693
Southern Pines, North Carolina 28388
Mr. William deR. Holt, Jr. 138 BRS
4109 Angelica Lane
Greensboro, North Carolina 27410
Dr. James David Jones 140 BRS
2813-305 Market Bridge Lane
Raleigh, North Carolina 27608
Mr. Frank D. Gorham, III 142 BRS
142 Beach Road South
Wilmington NC 28411
Mr. Michael W. Haley 146 BRS
12121 West End
North Palm Beach, FL 33408
Mr. Julian W. Rawl 148 BRS
BBC llvestors, LLC
PO Box 8068
Greenville, North Carolina 27835
Mr. Stephen D. Coggins 150 BRS
150 Beach Road South
Wilmington, North Carolina 28411
Mr. James Batey 152 BRS
101 G. Westwood Rd
Wilmington, NC 28405

Mr. Bradley Charles Davis 154 BRS
2706 Bartram Place
Winston-Salem, North Carolina 27106
Mrs. Carolyn R. Armstrong 156 BRS
PO Box 53646
Fayetteville, North Carolina 28305
Mrs. Massoumeh Valanejad 158 BRS
6512 Six Forks Road, Suite 202A
Raleigh, NC 27615
Dr. Harry R. Culp 160 BRS
500 Woodbrook Drive
High Point, North Carolina 27262
Mrs. NaFiseh Hatefi 162 BRS
6832 Greystone Drive
Raleigh, North Carolina 27615
Mr. John Bratton, Jr. 164 BRS
8728 Cypress Club Drive
Raleigh NC 28615
Mr. Earl Johnson, Jr. 166 BRS
1001 Marlowe Road
Raleigh, North Carolina 27609
Mr. Phillip D. Ray, Jr 168 BRS
2011 Saint Andrews Road
Greensboro, North Carolina 27408
Mr. Joe D. Floyd, Sr 170 BRS
1500 Westchester Drive
High Point, North Carolina 27262
Mr. Rudy Smithwick 172 BRS
8633 Vintage Club Drive
Wilmington, North Carolina 28411
Mr. Robert L. Kester 174 BRS
1025 Rockford Road
High Point, North Carolina 27262
Mrs. Paula Sewell 176 BRS
901 Johns Orchard Lane
Wilmington, North Carolina 28411
Mr. Charles M. Winston 178 BRS
2609 Atlantic Ave Suite 113
Raleigh, North Carolina 27604

Mr. Charles M. Winston, Jr.
3728 Williamsborough Ct
Raleigh, North Carolina 27609
Mr. Charles M. Winston
2609 Atlantic Ave Suite 113
Raleigh, North Carolina 27604
Mr. Warren R. Hall
2660 Peachtree Road NW, Apt 14H
Atlanta GA 30305
Mr. Patrick H. Nettles
186 Beach Road South
Wilmington, NC 28411
Mr. Pablo Eguia
PO Box 551461
Jacksonville, EL 32255
OTHER RIPARIAN LAND OWNERS
George Henry Hutaff Trust #2
c/o Mr. David Ward, Ward & Smith
1001 College Court
New Bern NC 28.562
Figure "8" Beach Homeowners' Association, Inc.
15 Bridge Road
Wilmington NC 28411
Shell Island Homeowners' Association
PO Box 420
Wrightsville Beach NC 28480
180 BRS
182 BRS
184 BRS
186 BRS
188 BRS
190-194 Beach Road South