107-16 Renewal 2021 Town of Ocean Isle Beach

Permit Class
RENEWAL
Permit Number
107-16
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Ocean Isle Beach 3 West 3'd Street Ocean Isle Beach NC 28469
Authorizing development in Brunswick County at aadi. to the Atlantic Ocean and Ocean Isle
, as requested in the pennittee's attached application letter dated 6/24/21 and
email dated 7/2/21.
This permit, issued on September 14, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This Renewal shall be attached to the original Permit No. 107-16, which was issued on 11/7/16, the
Minor Modification issued on 8/18/17, the Renewal issued on 1/29/20, and copies of all documents
must be readily available on site when Division personnel inspect the project for compliance.
2) This Renewal modifies the moratorium found in Condition No. 4 of the original permit to allow
construction seaward of the first line of stable natural vegetation through April 30, 2022. As of May 1,
2022, Condition No. 4 of the original permit shall apply.
3) All conditions and stipulations of the active permit remain in force, unless specifically altered herein.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2023
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
raxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
of Permittee

Town of Ocean Isle Beach
Permit No. 107-16
Page 2.of 2
ADDITIONAL CONDITIONS
4) The permittee and contractor shall: schedule, a,pre-construction conference with the DCM prior to the
initiation of construction'authorized by •this permit.
NOTE: This Renewaldoes not eliminate the -need toobtain any additional state, federal,or local permits,
approvals or_authonzations that maybe required.
NOTE: The N.C. Division.ofMater Resources .(DWR) has previously: authorized the proposed project
under DWR ProjectNo: 15,-0220
NOTE: The USACE-has assigned the proposed_project.COE Action Id. No. SAW-2011-01241.
NOTE: A pemut renewal.application processing•fee-of $100 was received by DCM for this project.

ROY COOPER NORTH CAROLINA
Covannr £nyhwu tintal Quality
MICHAEL S. REGAN
Seoemry
BRAXTON C. DAVIS January 29, 2020
DOeorar
Town of Ocean Isle Beach
3 West 3`d Street
Ocean Isle Beach, NC 28469
Dear Town of Ocean Isle Beach,
The enclosed renewed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -
colored form) is retained by you and it must be available on site when the project is inspected for compliance.
Please sign both the gold original and the white copy and return the white copy to this office in the enclosed
envelope. Signing the permit and proceeding means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty (20)
days of this decision on your permit. You should also be aware that another qualified parry may submit an
objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance requires
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you plan to have the work done by a contractor, it would be to you r benefit to be sure that he fully
understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we request
that you complete and mail the yellow Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department
personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our
vitally important coastal resources.
Enclosure
cc: WiRO
Sincerely,
70/
Jon an Howell
Major Permits and Consistency Manager
N.C. Division of Coastal Management
RECEIVED
FEB 12 2020
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D_EQ��
CCM-MHD CITY
North Carolina 9eoarRment or FnVronmental Quality . DMsicn ar iaastal Management
`Nomington Office i !27 Cardinal Dnve Extension 'NOmington. Nmh Carolina 29405
910.7g6.7215

District: Choose a district
NC Division of Coastal Management
CAMA Major Permit.Renewal Request
Major Permit Staff: Choose Staff
Applicant
Name: 1 C\-,iA C:E CCta\ 66Rl Request Date: V
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Received in office:
Project n(''1
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sweet Address
city
CAMA Permit No.: I
_J Permit Expiration Date: 1 3 ILlf Payment $ 1.
Agent's Name: A-P I(K-N,
YES NO
District Manager/Field Rep Approve? (Initial Appropriate Box) P lie- ❑
Z,T code
DWR Project USACE Action
No: - 1 S—C:`ZZ.""` ID No.:
Has substantial YES NO If Yes, �CLifve"l
development occurred? ❑ 15D Explain: (Of) A.2rkc�� l�
YES NO
Recommend to Renew?
�' ❑
If Not Approved, provide
Justification:
Staff
Signature:
J�
GC C Date: - -
RECEIVED
FEB 12 2020
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APTIM
October 31, 2019
Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Subject: Town of Ocean Isle Beach Terminal Groin Permit Renewal
Dear Ms. Coats,
Brad Rosov
Client Program Manager
Aptim Coastal Planning & Engineering of North
Caroling Inc.
4038 Masonboro Loop Road
Wilmington, North Carolina
Tel: [phone]
Brad.Rosov(aaptim.com
RECEIVED
FEB 12 2020
DCM-MHD CITY
On November 7, 2016, the North Carolina Department of Environmental Quality and Coastal Resources
Commission issued a Major CAMA Permit (#107-16) to the Town of Ocean Isle Beach for a shoreline
protection project entailing the construction of a terminal groin with associated beach fill in proximity to
Shallotte Inlet. This permit was later modified on August 18, 2017 to allow for an additional
construction access point, an increased to the size of the staging area and construction corridor, and the
modification of the construction moratorium to allow work to commence until April 30, 2018. Although
this permit was originally issued several years ago, the project was unable to move towards construction
due to a lawsuit brought forth by the Southern Environmental Law Center against the United States
Army Corps of Engineers (USACE) and the Town of Ocean Isle Beach. This lawsuit, filed in the United
States Court for the Eastern District of North Carolina, claimed that the USACE unlawfully overlooked
a beach nourishment alterative that is cheaper for the town, would adequately protect vulnerable
properties, and maintain wildlife habitat on the east end of Ocean Isle. On September 25, 2019, the
plaintiffs motion for summary judgment was denied and the defendants' motions for summary judgment
was granted. Accordingly, the Town of Ocean Isle Beach is now poised to continue their efforts to
address the oceanfront shoreline erosion problem along the Town's east end and hope to construct the
project during the fall/winter of 2020/2021.
Because their CAMA Major permit is set to expire on December 31, 2019, the Town of Ocean Isle
Beach is requesting to renew their CAMA Major permit for an additional two (2) years resulting in a
new expiration date of December 31, 2021. At this time, no significant changes to the permitted project
are anticipated, however, future surveys will be required to determine if the volume of beach fill used to
create the fillet will need to be modified. The preliminary design of the terminal groin and all other
aspects of the project, as permitted, should remain the same. All construction activities conducted under
the renewed permit will be performed in accordance with all stated terms and conditions in the original
permit. Since the issuance of the permit in 2016, there have been no changes in ownership of the
property to be developed. Please find enclosed a check for the $100 renewal fee.
RECEIVED
DCM WILMINGTON, NC

As always, feel free to contact me anytime should you have any questions or need anything in addition.
Sincerely,
APTIM COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
Brad Rosov
Client Program Manager
cc: Daisy Ivey, Town of Ocean Isle Beach
RECEIVED
FEB 12 2020
DCM-MHD CITY
RECEIVED
DCM WILMINGTON, NC

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
11/7/2019
Town of Ocean Isle
Town of Ocean Isle
First Bank
4501
$100.00
major renewal fee, #107-16 Town
HC rct.
Beach
Beach
of Ocean Isle Beach BrCo
8006
RECEIVED
FEB 12 2020
®CM-MHD CITY