HomeMy WebLinkAboutCB_18-02_ Carolina (2)•
Issued by WiR0 Lr 42, -2.2_
Carolina Beach
CAMA
MINOR DEVELOPMENT
PERMIT
as authorized by the State of North Carolina, Department of Environmental Quality
and the Coastal Resources Commission for development in an area of environment
concern pursuant to Section 113A-118 of the General Statutes, "Coastal Area
Management"
CB18.02
Permit Number
Coastal Management
ENVIRONMENTAL QUALITY
Issued to the Town of Carolina Beach authorizing development in Ocean Hazard Area of Environmental Concern (AEC) from
Harper Avenue to Hamlet Avenue public beach area (Boardwalk Area), in Carolina Beach, New Hanover County as requested in
the permittee's application, dated March 2, 2018, and received by DCM on March 12, 2018. This permit, issued on April 16, 2018,
is subject to compliance with the application and site drawing (where consistent with the permit), all applicable regulations and
special conditions and notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil
action, or may cause the permit to be null and void.
This permit authorizes: Mechanical raking of the beach above the Mean High Water (MHM contour and below the toe of dunes
within the Town's limits and between Harper and Hamlet Avenues (Boardwalk Area) to remove trash and other debris from the
public beach strand. Any other development will require additional permits or a modification to this permit.
(1) All proposed development must be done in accordance with the permitted work plat drawing dated received on March 12,
2018.
(2) Based on the emails, which were received by DCM on April 6, 2018 and April 9, 2018 from the U.S. Fish and Wildlife
Service (USFWS) and the N.C. Wildlife Resources Commission (NCWRC), these agencies agree to allow raking during
the sea turtle moratorium for two consecutive days after major holidays (Memorial Day, Fourth of July, Labor Day, and the
Beach Music Festival), if needed, with the following restrictions:
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. This permit must be on the project
site and accessible to the permit officer when the project is inspected for
compliance. Any maintenance work or project modification not covered under
this permit, require further written permit approval. All work must cease when this
permit expires on:
December 31, 2021
In issuing this permit it is agreed that this project is consistent with the local Land
Use Plan and all applicable ordinances. This permit may not be transferred to
another party without the written approval of the Division of Coastal
Management.
n
C ney S ears
FIELD` EPRESENTATIVE
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
PERMITTEE
(Signature required if conditions above apply to permit)
Name: Town of Carolina Beach
Minor Permit # CB 18-02
Date: April 16, 2018
Page 2
A. Mechanical beach cleaning activities shall be confined to daylight hours (sunrise to sunset).
B. During marine turtle nesting season (May 1 to November 15), the Town is responsible for ensuring that a daily
sea turtle nest survey is conducted by local NCWRC permitted sea turtle monitoring personnel throughout the.
permitted beach cleaning area. Such surveys and associated conservation measures shall be completed after
sunrise and prior to the commencement of any mechanical beach cleaning.
C. In the event that mechanical beach cleaning occurs prior to completion of the sea turtle nest survey, mechanical
beach cleaning shall not occur on that beach until 65 days have passed (incubation period for a sea turtle nest) or
after November 30, whichever is earlier. The Town shall contact the local NCWRC permitted sea turtle monitoring
personnel prior to reinitiating mechanical beach cleaning in that area.
D. Any sea turtle nests laid in the area to be cleaned that do not meet the criteria for relocation (NCWRC
guidelines) will not be relocated; therefore cleaning cannot proceed within 50 ft. of a known nest. The nest area will
be marked in accordance with NCWRC guidelines and an additional marker shall be placed at the base of the dune
or seawall to ensure that future location of the nests will be possible should the on -beach markings be lost. Careful
hand removal of debris within 50 ft. of a nest is allowed. All equipment operators should be briefed on the types of
marking utilized and should be able to easily contact the individual responsible for the nest surrey to verify any
questionable areas.
E. In the event that on -beach nest markers are lost for any reason, including vandalism or high water conditions, no
mechanical beach cleaning shall be conducted until the marine turtle permit holder identifies the nest and restores
the markers. In the event that the nest cannot be found and may have been lost during high water conditions, the
Town shall contact NCWRC staff at (252) 728-1528 to determine if mechanical beach cleaning can resume. All sea
turtle protection conditions shall remain in effect unless specifically waived in writing by NCWRC.
F. In order to avoid adverse impacts in the event that cleaning accidentally occurs over a nest, mechanical beach
cleaning equipment shall not penetrate more than two inches into the surface of the beach. This permit authorizes
the use of a vehicle with a maximum tire pressure of 10 psi and a rake or cleaning apparatus that limits penetration
into the surface of the beach to a maximum of two inches. Box blades and front or rear mounted blades are not
authorized. Mechanized beach cleaning shall be accomplished so that ruts are minimized or reduced on the beach.
G. Operators of mechanical beach cleaning equipment shall avoid the dune and all native dune vegetation by a
minimum of 10 feet.
H. Naturally deposited organic materials that form wrack lines at the high tide mark are critically important for
beach invertebrates that are the base of the food chain for numerous bird and fish species: The goal of the raking
as stated by the Town is to remove human generated trash and pet waste. Naturally occurring grasses and detritus
that accumulates in the high tide line and vegetation occurring on or near the toe of the dunes must not be
disturbed. The beach rake does remove a significant amount of naturally occurring material (shells and organics),
but with careful operation some amount of natural material will remain.
(3) Within the Town limits in the vicinity of the boardwalk, the beach experiences much less disturbance because driving
is restricted to emergency and service vehicles only. Therefore, USFWS and NCWRC agree to allow raking only after
major holidays (Memorial Day, Fourth of July, Labor Day) and the Town's beach music festival. Raking shall occur for two
consecutive days if needed and must comply with A-H above.
(Additional Permit Conditions on Page 3)
Name: Town of Carolina Beach
Minor Permit # CB 18.02
Date: April 16, 2018
Page 3
(4) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise
disposed of to a third -party.
(5) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation
and modification of this permit.
(6) Equipment used will not be operated waterward of the mean high water (MHW) elevation contour.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorizations that may be required.
SIGNATURE:
PERMITTEE
DATE: