79-19 Town of Sunset Beach Major Mod

Permit Class Permit Number
MODIFICATION/MAJOR 79-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Town of Sunset Beach, 700 Sunset Blvd N., Sunset Beach, NC 28468
Authorizing development in Brunswick County at adj. to Sunset Beach and seaward of 3rd
through 13th St. in Sunset Beach , as requested in the permittee’s application dated 8/17/21,
including attached workplan drawings (6), Sheets 1-6 of 6 all dated 8/17/21.
This permit, issued on March 4, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

All work must cease when the permit expires on

December 31, 2025

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DE Q and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Excavation

1) No excavation shall take place outside of the area indicated on the workplan drawings.

2) Excavation shall not exceed -5 feet with a -1 foot over dredge allowance, all below the mean low
water level. In no case shall the depth of excavation exceed the depth of connecting waters.

3) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

(See attached sheets for Additional Conditions)

Town of Sunset Beach Permit No. 79-19
Page 2 of 4

ADDITIONAL CONDITIONS

4) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each
proposed excavation event follows the authorized alignment as depicted in the attached workplan
drawings, the permittee and his contractor shall schedule a pre-construction conference with the
Division of Coastal Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources
Commission, and N.C. Division of Water Resources prior to the initiation of any dredging or
mobilization activities. In order to facilitate these discussions a complete set of project plans shall be
provided to all listed agencies at the time of each request for a pre-construction conference.

Primary Offload Site - Seaside Rd.

5) Unless specifically altered herein, this permit authorizes one temporary gabion offload ramp, as
indicated on the attached workplan drawings.

6) Placement of fill materials below normal water level shall be limited to one temporary gabion offload
ramp.

7) No open water shall be excavated or filled, even temporarily, outside of the approved temporary gabion
offload ramp alignment.

8) The alignment of the authorized temporary gabion offload ramp shall be verified by a representative of
the Division of Coastal Management.

4) The gabion offload ramp shall be marked at 50-foot intervals, starting with the landward edge of the
structure and concluding at the terminal end, with yellow reflectors extending at least three feet above
mean high water.

5) The temporary gabion offload ramp fill material shall consist of clean granite, marl, or broken concrete
with no exposed rebar. The temporary gabion offload ramp shall be of a sufficient size and design to
prevent its movement from the approved alignment by wave or current action. The permittee shall be
responsible for immediate removal of any materials or debris that becomes dislodged or moves outside
the authorized alignment.

6) The authorized temporary gabion offload ramp shall be dismantled upon the conclusion of dredging
activities authorized under this major modification. All land above mean high water shall be regraded to
preconstruction conditions at the conclusion of dredging activities.

7) The temporary gabion bulkhead located at the secondary offload site is only authorized in the event that
the primary offload site located at Seaside Rd. is not used. In the event that the primary offload site is
constructed but not used, the permittee shall dismantle the primary offload site before construction of the
secondary offload site can begin.

Town of Sunset Beach Permit No. 79-19
Page 3 of 4
ADDITIONAL CONDITIONS

Secondary Offload Site - Cobia St.

8) No open water shall be excavated or filled, even temporarily, outside of the approved temporary gabion
bulkhead alignment.

9) The alignment of the authorized temporary gabion bulkhead shall be staked by the permittee and
verified by a representative of the Division of Coastal Management

10) The temporary gabion bulkhead shall extend a maximum of 7 foot waterward from the waterward edge
of the existing bulkhead at any point along its alignment at the time of construction.

11) The temporary gabion bulkhead fill material shall consist of clean granite, marl, or broken concrete with
no exposed rebar. Temporary gabion bulkhead shall be of a sufficient size and design to prevent its
movement from the approved alignment by wave or current action. The permittee shall be responsible
for immediate removal of any materials or debris that becomes dislodged or moves outside the
authorized alignment.

12) No backfill material is to be placed within 30 feet of the mean high-water level, except that which will
be used to backfill the area behind the permitted temporary gabion bulkhead and the existing bulkhead.

13) The authorized temporary gabion bulkhead shall be dismantled upon the conclusion of dredging activities
authorized under this major modification. The fill material between the existing bulkhead and the
temporary gabion bulkhead shall be removed in concurrence with the temporary gabion bulkhead removal.

Dredge Material Disposal

14) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

15) No dredge material shall be placed within 30 feet of the mean high-water line.

16) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s).

17) The permittee and/or their contractor shall take all necessary precautions to ensure that the dredge
material is properly contained during transport to the disposal site, and that all the proper coordination
has taken place with the local or state governments to ensure that any damage to public streets caused by
transport of the dredge material has been addressed.

18) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

Town of Sunset Beach Permit No. 79-19
Page 4 of 4
ADDITIONAL CONDITIONS

Oyster Relocation

19) Prior to the initiation of any dredging activities, the permittee shall, in coordination with the Division of
Marine Fisheries, develop and implement an oyster relocation plan. Contact the Division of Marine
Fisheries at [phone] to initiate the required coordination. Notice of satisfactory completion of
relocation efforts shall be provided to the Division of Coastal Management prior to initiation of
dredging.

Sedimentation and Erosion Control

20) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

21) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

22) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

23) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.

24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID SAW-2019-
01155.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of 401 Water
Quality Certification #WQ004284 and assigned the project DWR Project No. 20020158v4.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.

NOTE: An application processing fee of $475 was received by DCM for this project.