92-14 MM 2015 Town of North Topsail Beach

Permit Class
MODIFICATION/MAJOR
(by CRC Variance)
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Verint"t
for
Permit Number
92-14
S
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 North Topsail Beach 2008 Loggerhead Court, North Topsail Beach, NC 28460
Authorizing development in Onslow County at Atlantic Ocean from 2276 to 2382 New River
Inlet Road , as requested in the permittee's application dated 5/1/15
This permit, issued on August 29, 2015 , 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) In keeping with the Variance granted by the Coastal Resources Commission (CRC) on July 16, 2015,
and the CRC Variance Order signed by the CRC Chairman on August 14, 2015, the temporary
construction containment (geotexftle) tubes shall be removed when the Onslow County channel
maintenance/beach disposal project is complete, or by June 30, 2016, whichever comes first.
2) This Major Modification shall be attached to the original of CAMA Permit No. 92-14, which was
amended by CRC variance on 11/26/14, as well as the Minor Modification of 12,31/14, and copies of
all documents shall be readily available on site when a Division representative inspects the project for
compliance.
(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, 2018
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 DENR and the
Chairman of the Coastal Resources Commission.
r
Braxton(!. Davis, Director
sion of Coastal MaW&pmepnt
This permit and its conditions are hereby accept#P 10 10
Signature of Permittee

Town of North Topsail Beach
Permit #92-14
Page 2 of 2
ADDITIONAL CONDITIONS
sir"`"
3) All condi ns and stipulations of the active permit, including Condition No. 13 of the 11/26/14
Amended Permit requiring that the associated scour aprons and "chock" tubes be removed when the
associated geotextile tubes are removed, remain in force under this Major Modification unless
specifically altered herein.
NOTE: An application processing fee of $250 was received by.DCM for this project._ ..

.Permit,Class
MODIFICATION/MAJOR
(by CRC Variance)
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Vermit
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
Permit Number
92-14
Issued to Town of North Topsail Beach 2008 Loggerhead Court, North Topsail Beach, NC 28460
Authorizing development in Onslow County at Atlantic Ocean from 2276 to 2382 New River
Inlet Road , as requested in the permittee's application dated 5/l/15
This permit, issued on August 29, 2015 , 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 j In keeping with the Variance granted by the Coastal Resources Commission (CRC) on July 16, 2015,
and the CRC Variance Order signed by the CRC Chairman on August 14, 2015, the temporary
construction containment (geotextile) tubes shall be removed when the Onslow County channel
maintenance/beach disposal project is complete, or by June 30, 2016, whichever comes first.
2) This Major Modification shall be attached to the original of CAMA Permit No. 92-14, which was
amended by CRC variance on 11/26/14, as well as the Minor Modification of 1231/14, and copies of
all documents shall be readily available on site when a Division representative inspects the project for
compliance.
(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, 2018
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 DENR and the
Chairman of the Coastal Resources Commission.
LLLA i
ll
�i�, Braxtot C. Davis, Director
rivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

DCM Coordinator: D r
FAILING DISTRIBUTION SHEET
Parmitaw
r P�f- C t-% 03
Permit #:2— Iq frz'J er
oo um lu o I
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington /
Wilmington V
US ACOE Offices:
Washington:
Raleigh Bland
William Westcott (NC DOT)
Bill eiddlecome (NC F)OT)
Wilmington:
Tyler Crumbly
Liz Hair
Cultural Resources:
/
Renee Gledhill -Early t/
Public Water Supply:
Diane Williams (WIRO)
Joey White (WARD)
Marine Fisheries: Shane Staples
Gregg Bodnart/
NC DOT:
Ken Pace v-/
Shellfish Sanitation:
Patti Fowler
Shannon Jenkins/Jeremy Humphrey
State Property:
Tim Walton
Water Resources:
Karen Higgins (Raleigh)
Washington:
Anthony Scarbraugh-401
Wilmington:
Joanne Steenhuis-401✓
Chad Coburn - 401 -
DEMLR
Washington:
Scott Vinson-Stormwater
Wilmington:
Georgette Scott- /
'Stoorrmwater
Wildlife Resources:
Maria Dunn `/
LPO:
2 5&4�

A A
ODEM
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
September 1, 2015
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, N.C. 28460
Dear Sir or Madam:
The enclosed 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 original and the copy and return the 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 150B
with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-
2698 within twenty (20) days of this decision on your permit. You should also be aware that another
qualified party 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 are having the work done by a contractor, it would be to your 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 enclosed 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
Sincerely,
D7glas V. Huggett%®
Major Permits and Consistency Manager
N.C. Division of Coastal Management
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity lAffirmative Action Employer

STATE OF NORTH CAROLINA
DEPARTMENT OF JUSTICE
ROY COOPER
ATTORNEY GENERAL
Stuart Turille, Town Manager
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, NC 28460
11,0. nos 629
Ru.mcri, NC 27602
August 19, 2015
Ile: Variance Request CRC-VR-15-05
Dear Mr. Turille:
Rr:n.rro: l9Ain, L. Lucrosr•.
b:xvaloNMENTAL DlvlsioN
'11i1.o [phone]
FAx: [phone]
mhumssc @nc(loj.gnv
US lklail and electronically al:
[e-mail]
On August 14, 2015, I forwarded the Coastal Resources Commission's final agency
decision which grained, subject to conditions, the Town of North Topsail Beach's request for a
variance to extend the time temporary geotextile tubes may remain on the beach. It has been
brought to my attention that my instruction requesting the Town resubmit an application for a
major modification was incorrect. I understand from Doug Huggett, Division of Coastal
Management (DCM) that the Town does not need to submit another major modification request
since its request to leave the sandbags on the beach longer has already been submitted and denied
by DCM. The next step is that DCM will simply issue the major modification to CAMA Major
Pen -nit No. 92-14 subject to conditions as authorized by the variance granted by the Commission.
Let me know if you have any questions.
Very Tr y
Xours,
X
M�ucasse
St al Deputy Attorney General and
Counsel for the Coastal Resources Commission
cc: Frank D. Gorham, IIi electronically
Brian E. Edes, Esq., US Mail and electronically
Christine A. Goebel, Esq., electronically
Braxton Davis, electronically
Angela Willis, electronically

STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
IN THE MATTER OF: )
PETITION FOR VARIANCE )
BY TOWN OF NORTH TOPSAIL BEACH )
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC-VR-15-05
FINAL AGENCY DECISION
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter "Commission") on
July 16, 2015 in Beaufort, North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A
NCAC 7J .0700, et seq. Assistant Attorney General Christine A. Goebel, Esq. appeared for the
Department of Environment and Natural Resources, Division of Coastal Management
(hereinafter "DCM") and Attorney Brian E. Edes appeared on behalf of Petitioner Town of
North Topsail Beach.
Upon consideration of the record documents and the arguments of the parties, the
Commission adopts the following:
STIPULATED FACTS
The Petitioner in this case is the Town of North Topsail Beach ("Petitioner" or
"Town"). The Town is represented by the Town's attorney, Brian E. Edes, Esq.
2. The site at issue in this case is located at the north end of North Topsail Beach,
and includes the beach waterward of the first line of stable natural vegetation from just north of
the Topsail Reef condominiums to the northernmost house on New River Inlet Road. There are
39 parcels of land with 20 duplexes structures (which include 40 residences) along this stretch of
the beach (hereinafter the "Site"). At the time the 20 structures were constructed, they were
1

"second row" homes. The Site is described in the Project Narrative section of the stipulated
exhibits, and in other portions of the stipulated exhibits. The Town holds easements on these
oceanfront parcels in order to use the property for the purpose of implementing beach
nourishment projects.
3. The Site is located within the Ocean Erodible, High -Hazard Flood and Inlet
Hazard Areas of Environmental Concern (AEC).
4. The long-term average annual erosion rate at the Site is 2-feet per year. The Site is
entirely within the Inlet Hazard AEC which uses the rate for the adjacent ocean hazard area per
15A NCAC 7H .0310(a)(1). DCM agreed with Petitioner that this Site experienced accelerated
erosion in the 12-15 months before the November 2014 variance hearing.
5. According to the Town's Project Engineer, Tom Jarrett, P.E. of Coastal Planning
& Engineering (CP&E), one of the unique features of the area is the influence of the New River
Inlet, or more specifically, the ebb tide delta of the inlet, on sediment transport along the
shoreline. This is demonstrated by the photo shown in Exhibit 15 in which incoming waves from
the southeast are refracted around the ebb tide delta resulting in a change in sediment transport
direction (as indicated by the arrows) just south of New River Inlet. The area in which the
direction of sediment transport changes as a result of wave refraction is commonly referred to as
a nodal zone. In general, the nodal zone is characterized by the net movement of material away
from or out of the zone. While a nodal zone will generally always exist adjacent to a tidal inlet,
the influence of the nodal zone on the shoreline of North Topsail Beach is enhanced due to the
absence of significant shoal accumulations on the south side of the inlet. The absence of shoal
material south of the inlet is one of the issues the channel relocation project was designed to
2

address, i.e., the purpose of moving the channel was to encourage the reconfiguration of the
inlet's ebb tide delta through the redistribution of shoal material from the north side of the inlet
to the south side. In support of this fact, Mr. Jarrett provided portions of the Final Environmental
Impact Statement for the North Topsail Beach Shoreline Protection Project prepared in
December of 2009 (hereinafter "FEIS").
History of the Site
6. The north end of the Town has a history of erosion. Detailed information about
the history of erosion and past beach nourishment projects was provided to the Commission in
Appendix B of the FEIS. Mr. Jarrett also prepared a summary of the nourishment projects which
were completed between 2002 and 2011 (hereinafter "Jarrett Erosion History Report").
7. According to the FEIS, the erosion of the shoreline south of New River Inlet has
been a persistent problem since around 1984 when the bar channel of New River Inlet shifted its
alignment toward Onslow Beach. Prior to 1984, the north end of North Topsail Beach was
accreting at an average rate of 6.1 feet per year. Following the change in channel position and
orientation, the north end began to erode at an average rate of 5.3 feet per year. Most of the
accelerated erosion was attributed to the north end's increased exposure to wave energy. That is,
prior to the channel shift, the south side of the ebb tide delta provided a breakwater effect with
waves breaking relatively far offshore. With the loss of the south side delta, more wave energy
was transmitted directly to the shoreline. This, combined with the development of flood channels
running close to and parallel to the north end, greatly increased sediment transport rates to the
north.
8. Since 1993, and despite the use of sandbag structures in some places, 11
3

residential structures, all of which were located seaward of the existing 20 structures at the Site,
were either removed or lost to erosion.
The Town's Inlet Management Plan/FEIS
9. Beginning in 2006, the Town hired CP&E to develop an Inlet Management Plan
for the New River Inlet (hereinafter "Inlet Management Plan.") This Inlet Management Plan was
completed in December 2009 and memorialized in the FEIS publication. The entire Inlet
Management Plan is covered by the Department of the Army permit SAW 2005-00344 dated
May 16, 2001. CAMA Major Permit No. 79-10 was issued on July 21, 2010 authorizing Phase I
of the Inlet Management Plan. The October 12, 2012 modification authorized a change to the
beach fill density, the amount of material to be removed from the ocean bar channel, and
removed a previously permitted upland disposal site. This CAMA permit was further modified
on September 26, 2013 and authorized Phase 5 of the Inlet Management Plan to be developed
during the 2014-15 dredging window, an increase in beach fill densities, and allowed Phase 5 to
take place before Phases 2-4 if necessary.
10. Phase 1 of the Inlet Management Plan was completed in February 2013 and
included the repositioning of the New River Inlet ocean bar channel to a more central location
between the south end of Onslow Beach and the north end of North Topsail Beach. The material
removed during the repositioning of the channel was used as beach fill along 7,730 feet of
shoreline south of New River Inlet.
11, The Town's purpose in moving the ocean bar channel of New River Inlet, as
stated in the FEIS, was to induce sand accumulation on the south side of the inlet's ebb tide
delta. Based on the documented historic behavior of the inlet, the Town believed that moving the
4

channel to a more central position with an alignment approximately perpendicular to the adjacent
shorelines would result in accretion of the shoreline south of the inlet. According to Dr. William
Cleary's letter, the FEIS estimated that the time required for the new channel to have a positive
impact on the shoreline was three to four years.
12. According to Mr. Jarrett, the behavior of the shoreline on the north end of North
Topsail Beach is tied to the position and alignment of the main bar channel of New River Inlet.
Morphological studies of New River Inlet, reported in the FEIS, describe the relationship
between the position and alignment of the channel and the response of the shorelines on both
sides of the inlet. The FEIS also identified a position and alignment of the bar channel that would
provide a beneficial impact on the north end shoreline. Based on the FEIS, the Town of North
Topsail Beach elected to artificially move the channel to the preferred position and alignment
indicated by the morphological studies.
13. The construction of Phase I moved the mean high water (MHW) shoreline an
average of 272 feet seaward of the pre -project MHW shoreline in the area between Building No.
1 of Topsail Reef and the south shoulder of New River Inlet (baseline stations 1149+00 to
1160+00). Based on an August 2014 beach profile survey by Gahagan & Bryant, the MHW
shoreline north of Topsail Reef had receded between 200 and 250 feet since completion of Phase
1, which is equivalent to rates of between 130 feet per year and 167 feet per year, Visual
inspections of the beach show it has continued to erode since the August 2014 survey and the
MHW shoreline has returned to essentially its pre -project position. According to Mr. Jarrett,
while the rate of loss of the fill placed during Phase 1 of the management plan has been higher
than anticipated, the loss is comparable to losses experienced from previous fills created by the
5

USACE through disposal of navigation maintenance material removed during maintenance of
the AIWW and portions of the channel passing through Cedar Bush Cut from the AIWW to the
inlet.
14. According to Mr. Jarrett, based on the documented history of shoreline changes
along the north end of North Topsail Beach, the recent acceleration in the rate of shoreline
change is not related to the channel relocation project. See, Jarrett Erosion History Report.
Instead, Mr. Jarrett states that much of the accelerated erosion can be attributed to the unnatural
shoreline configuration created by the beach fill, i.e., the conditions that were causing the north
end to erode prior to relocating the channel, such as the absence of a significant shoal on the
south side of the inlet and the presence of flood channels, still persist. Mr. Jarrett states these
conditions will continue to exist until such time the newly aligned channel effects the predicted
changes in the ebb tide delta of New River Inlet. Until that time, waves will continue to impact
the area in such a way as to cause accelerated sediment transport from the north end to New
River Inlet.
15. According to the "Year 2 Post -Construction Physical Monitoring Report" dated
October 2014 and prepared by CP&E ("Monitoring Report"), monitoring of the inlet has
demonstrated some of the expected results are taking place with sand accumulating on the south
side of the inlet. However, the rate of build-up, as predicted, has been relatively slow. As a
result, the north end of North Topsail Beach has continued to experience high rates of erosion.
As of August 2014, most of the fill placed north of the Topsail Reef Condominiums in February
2013 has been lost.
16. The FEIS stated the periodic maintenance of the ocean bar channel would be
3

necessary at approximately four-year intervals in order to keep the channel in its preferred
position and alignment. Material removed to maintain the channel is to be used to provide
periodic nourishment of the North Topsail Beach shoreline including the shoreline nourished
during Phase 1.
17. The USACE permit allows maintenance of the channel to be accomplished once
every four years providing one of two channel maintenance thresholds are met. One channel
threshold is associated with shoaling of the channel and the second is based on the position and
alignment of the channel. Following Phase 1's completion in February 2013, the Town is not
permitted to maintain the channel until the 2016/2017 environmental dredge window.
18. Based on site photographs taken in late September 2014, the final remnants of the
artificial dune which was part of the Phase 1 project and was evident in August 7, 2014 photos,
has completely eroded.
19. In addition to the threat to homes, flooding of the area has increased with flood
waters spilling on to New River Inlet Road and side streets at least four times in late-2014 during
high tides.
Larger Sandbag Revetment CAMA Permit Process
20. Beginning in the early summer of 2014, Town and its agents contacted DCM and
inquired about possible options for protecting homes at the Site from erosion taking place
following Phase 1. DCM issued a modification to permit No. 191-05 on August 14, 2014
authorizing sand from an upland source to be placed at the Site. This permit was originally
issued on December 5, 2005 following Hurricane Ophelia and authorized dune reconstruction at
the Site. The Town has not undertaken the work authorized by the modified permit.
II

21. On or about August 15, 2014, the Town, with help from its CP&E consultants
Tom Jarrett and Ken Willson, submitted a CAMA Major Permit Application seeking to install
approximately 1,450 linear feet of geotextile tubes (7.5 feet tall and 45 feet circumference) at the
Site. This permit application was deemed complete (except for the receipt of all of the easement
agreements) by DCM on August 27, 2014, and was sent to the resource agencies for comment as
part of the CAMA Major Permit process. Because the proposed geotextile tube was inconsistent
with the Commission's rules limiting the size of sandbags used for temporary erosion control,
DCM planned to deny this permit application after the public notice period ended on September
19, 2014. The Town indicated it planned to seek a variance from this denial.
22. On September 18, 2014, DCM received a request from the Town that the initial
geotextile tubes proposal be modified by adding 35,000 to 50,000 cubic yards of sand in a "sand
bench" to raise the elevation of the beach at the Site to approximately 6 feet in elevation, and to
place the geotextile tube on top of the "sand bench." DCM determined that the significant
changes and increased scope of the modified project required a new application for a CAMA
permit from the Town, including new notice of the modified project to the public and adjacent
neighbors, and new review by the resource agencies.
23. Following discussions between the Town, its agents, DCM and other resource
agencies, the Town submitted its proposal with a final sandbag design on September 26, 2014.
On October 3, 2015, DCM determined the new CAMA Major Permit application was complete.
On October 2, 2014, DCM retired the Town's initial application following receipt of the new
application for a CAMA Major Permit based on the modified design.
24. The final design requested permission to install sandbags at the Site from the
I

existing larger sandbag revetment at Building No. 1 of Topsail Reef extending north
approximately 1,450 feet parallel to the existing shoreline. A 50-foot return wall would extend
landward from the north end of the sand bag structure just north of the home located at 2378
New River Inlet Road. A plan view of the sand bag revetment and a typical cross-section view of
proposed revetment were provided to the Commission in the stipulated exhibits. The proposed
borrow site for the sand needed to fill the proposed sandbags is an area of approximately five
acres on the point, just north of the Site, also called "the spit."
25. Topsail Reef received two variances from the Commission in July 2012 and
October 2014 to construct a revetment just south of the Site similar to the larger size sandbag
structure proposed by the Town.
26. The proposed sandbag revetment would follow an alignment roughly parallel to the
seaward -most support piles of the threatened residential structures with the landward toe of the
revetment positioned as close as practical to the front support piles of the structures. In this
regard, the authorized temporary erosion control structure would be located no more than 45 feet
waterward of the waterward most pilings of those buildings controlling the alignment of the
temporary erosion control structure from 2304 New River Inlet Rd. to the northern terminus of
the temporary erosion control structure, namely those structures at: 2304 New River Inlet Road,
2314 New River Inlet Road, 2354 New River Inlet Road, 2362 New River Inlet Road, 2368 New
River Inlet Road, and 2378 New River Inlet Road. No portion of the temporary erosion control
structure between 2304 New River Road and the southern terminus of the temporary erosion
control structure will be located more than 115 feet waterward of the waterward most piling of
each building.

27. As part of the CAMA Major Permit Application process, adjacent neighbors and
the public were given notice of the Town's CAMA permit application including the final design
for the sandbag revetment through publication in the Star News on October 8, 2014. DCM staff
received only one comment —an objection from the adjacent riparian property owner of Topsail
Reef, which was later withdrawn.
28. Also as part of the CAMA Major Permit application process, the Town's
application, Field Report, and other materials were sent to resource agencies for comment. Of the
agencies responding, the DCM Fisheries Specialist raised concerns about the impact of the
project on the surf zone habitat. DCM did not deem these concerns sufficient to support permit
denial.
29. On October 21, 2014, DCM staff conducted a site visit of the subject area and
determined that "site conditions [had] deteriorated and emergency action is warranted".
Consequently, at the Town's request, the DENR Secretary authorized the issuance of an
Emergency CAMA Major Permit, which allows DCM discretion to suspend public notice,
adjacent riparian notice, and the normal agency coordination process. Once the emergency
permit authority was activated for the Site, DCM coordination with federal agencies was halted.
30. On October 24, 2014, DCM issued CAMA Emergency Major Permit 92-14 to the
Town, authorizing its final design, but conditioning this approval on compliance with the
Commission's rules limiting the size of sandbag structures to a base width of 20 feet and a height
of 6 feet.
31. The Town stipulated that its "final" design proposal was inconsistent with the
Commission's rules limiting the size of sandbag structures.
10

32. On November 7, 2014, DCM received the Town's 2014 variance petition The
Town also requested an expedited hearing before the Commission's scheduled December
meeting.
33. The tax value of the structures at the Site and their lots total about $9 million, and
their loss from the tax base would reduce the annual tax revenue of the Town by $35,388 based
on the proposed 2015 tax rate of $0.3932 per $100.
34. The proposed larger sand bag revetment in the 2014 variance request was
intended to protect the 20 threatened residential structures for at least two and a half years or
until such time the beach fill provided under Phase 1 of the North Topsail Beach shoreline/inlet
management plan can be renourished. In addition, the Town is committed to managing the north
end shoreline by maintaining the preferred position and alignment of the New River Inlet ocean
bar channel and using the material removed to maintain the channel to nourish the northern 7.25
miles of its ocean shoreline. Both the channel maintenance program and periodic nourishment
are intended to maintain and/or preserve the dune and beach system in as near a natural state as
possible.
35. On October 15, 2014, the Town's Board of Aldermen passed resolution 2014-13
which allowed for a special assessment to be imposed pursuant to NCGS 160A-238, in order to
fund the larger sandbag structure proposed in this variance, with 50 percent of the total cost
(which was estimated to be approximately $2.3 million for the total project) paid by the 39
parcel -owners identified in the resolution based on oceanfront frontage. This assessment
resolution was the subject of a public hearing on November 6, 2014. On November 6, 2014, the
Town passed resolution 2014-16 confirming the assessment. Draft meeting minutes reflect the

five public comments received. On November 14, 2014, the Town issued a Notice of Special
Meeting scheduled for November 19, 2014 to receive recommendations on the selection of a
contractor for this sandbag project. The Town Board passed the resolution, and is now waiting to
tally the final costs of the project before starting the assessment process.
36. In its November 2014 variance request, the Town sought a variance of conditions
I and 2 of CAMA Major Permit No. 92-14. Specifically:
The Town is requesting a variance to condition 1 in that the Town
proposes to construct a temporary erosion control structure with a
base width of 45 feet and a height sufficient to achieve an elevation
of+12.0 ft. NAVD.
The Town is requesting a variance to condition 2 in that the Town
proposes that no portion of the authorized temporary erosion
control structure shall be located more than 45 feet waterward of
the waterward most pilings of those buildings controlling the
alignment of the temporary erosion control structure from 2304
New River Inlet Rd. to the northern terminus of the temporary
erosion control structure, namely those structures at: 2304 New
River Inlet Rd., 2314 New River Inlet Rd., 2354 New River Inlet
Rd., 2362 New River Inlet Rd., 2368 New River Inlet Rd., and
2378 New River Inlet Rd. No portion of the temporary erosion
control structure between 2304 New River Road and the southern
terminus of the temporary erosion control structure will be located
more than 115 feet waterward of the waterward most piling of each
building.
November 2014 Variance Hearing
37. At an expedited hearing on November 19, 2014, the Commission heard the
Town's 2014 Variance Petition for larger sandbags than allowed by law. The Commission voted
to grant the Town's request for a variance and allow it to install sandbags larger than those
allowed by rule, up to a base width of 45 feet and an elevation of +12.0 ft. NAVD. The
Commission also granted the Town's request to go waterward by as much as 115 feet from the
UN

waterward pilings. On November 24, 2014, the Commission issued a written Final Agency
Decision granting the Town's request.
38. An additional 275 linear feet of sandbags authorized in the traditional 6 foot by 20
foot configuration were added to CAMA Major Permit No. 92-14 through a minor modification
in order to protect additional properties to the north of the originally permitted larger sandbag
structure.
Geotextile Tubes as Construction Method Modification Request
39. On November 24, 2014, Town consultant Tom Jarrett called DCM with a request
to further modify CAMA Major Permit No. 92-14 in order to down -scale the size of the sandbag
structure from the 45 feet by +12.0 R. NAVD allowed by the Commission, to a smaller structure.
DCM Staff confirmed to the Town that a smaller structure, within the limits set by the variance,
was allowable.
40. Later on November 24, 2014, DCM received another call from the Town's agent
with a request to allow the use of a temporary geotextile containment tube to stabilize the project
area while the larger sandbag structure was being installed. This was the first time the Town
raised this proposal.
41. In a series of emails and a report during the November 24-26, 2015 period, the
Town formalized its request to use the geotextile tubes as a temporary construction method, and
made a commitment to remove them following the installation of the approved sandbag
revetment. This request also showed the reduction in size of the proposed sandbag structure, now
proposed with an elevation of 7.5 feet - 9.0 feet above grade instead of the elevation of +12.0
feet NAVD proposed and granted by variance.
13

42. The Town's stated purpose for using the geotextile tube was two -fold: 1) The tube
would allow for a safer work environment landward of the tube to expedite the installation of the
sandbag revetment; and 2) The tube would stabilize the area around the foundations of the
houses and the property between the landward side of the houses and the road. In discussions
with DCM Staff, the Town confirmed that these geotextile tubes were to be used as a temporary,
construction method only, were not to be part of the sandbag structure's design, and were to be
removed immediately following construction of the sandbag revetment, along with the scour
apron and chock tubes, which were also inconsistent with the Commission's rules
43. The permit issued by DCM on November 26, 2014, permitted the Town to use a
temporary geotextile tube for construction purposes during sandbag installation.
44. Condition 11 of CAMA Major Permit No. 92-14 as amended on November 26,
2014, states:
In accordance with commitments made by the permittee, the
authorized temporary construction containment tube used to assist
in the safe construction of the authorized temporary sand bag
revetment shall be removed in its entirety either immediately upon
project completion, or by May 21, 2015, whichever is sooner.
Additionally, should the Division of Coastal Management
determine that the temporary construction containment tubes are
no longer needed or are no longer serving their intended purpose of
providing a safe work environment landward of the tubes, the
tubes shall be removed immediately upon written notification by
the Division.
45. The temporary geotextile tube was permitted for construction purposes only and
was not originally intended to be a lasting feature of the sand bag revetment. Both the Town and
the Town's consultant agreed to this in writing.
14

Construction of the Sandbag Revetment
46. Mobilization of equipment to the project area began on December 9, 2014.
47. A geotextile tube was filled in place on top of a scour apron seaward of the
proposed sand bag revetment location. The first tube was placed December 13, 2014 (Project
Narrative Figure 1). The tenth tube was placed December 22, 2014 (Project Narrative Figure 2).
48. The original plan was to extend the tube south along the shoreline and terminate
in a shore parallel orientation 50 feet north of the Topsail Reef sandbag revetment.
49. During the installation of the tube, the contractors and engineer observed high
velocities of water flowing out of the protected area during ebbing tides. If such flows were
channeled toward the Topsail Reef revetment, there would be a high probability of scour
occurring around the base of the Topsail Reef return wall. The contractor and CPE-NC agreed to
turn the southern end of the tube landward and tie into high ground in order to avoid such a
scenario. Figure 2 on the Project Narrative shows the orientation of the southernmost tube after
installation.
50. The geotextile tube worked as designed providing temporary protection to the
work area and preventing further loss of sand from the project area during the construction of the
sandbag revetment. The nominal dimension of the temporary tube is 30 feet in circumference.
The tubes achieved variable heights of approximately 3 to 5 feet and a width of 12 feet.
Individual tubes range in length from 100 to 150 feet.
51. Following a break over the Christmas holiday, the contractor returned to the
project site on December 28, 2014 and began laying the base layer of the sand bag revetment in
the vicinity of 2378 New River Inlet Road on the northern end of the project area.
15

52. On January 14, 2015, the contractor cut through the southernmost temporary tube
in order to construct the sand bag revetment. Over the course of the following two weeks the
southernmost tube deflated and the remains of the southern -most tube, scour apron, and chock
tube were removed.
53. Construction of the sand bag revetment extending approximately 1,500 feet north
from Topsail Reef was substantially completed on February 25, 2015. Approximately, 1,350 feet
of the tube is still in place fronting the revetment from 2378 to 2290 New River Inlet Road. On
February 24, 2015, the Town's authorized agent sent DCM an email indicating that construction
on the sand bag revetment was complete.
54. Beginning around December 1, 2014 work on Phase 5 of the Town's project
began to place a 14 feet + NAVD by 25 foot wide dune with a 45 foot wide berm waterward of
the dune at the western -most portion of the Town's larger project area. That sand was dredged
from an offshore borrow site approximately one half to one and one half miles offshore from the
northern extent of Phase 5. The dredging operations for Phase 5 ended on Saturday, June 20,
2015 and demobilization efforts are underway now. The Town's consultant CP&E plans to do a
survey of Phase 5 in July.
Request to keep the Geotextile Tube and Notice of Violation
55. On February 27, 2015, DCM sent a letter to the Town Manager notifying the
Town that it needed to begin removing the geotextile tube.
56. On March 5, 2015, CPE-NC sent a letter to DCM requesting further modification
to CAMA Major Permit No. 92-14 as modified on November 26, 2014, allowing the geotextile
tube to remain for the duration of the permit.
16

57. On March 12, 2015, DCM's Major Permit Manager Doug Huggett responded to
the request via email indicating a modification to allow these structures to remain would be
inappropriate given that this was now a permit compliance issue, and that the request was
incomplete.
58. On March 20, 2015 the Town's authorized agent from CP&E responded to DCM's
request to remove the geotextile tube.
59. On March 26, 2015, DCM issued a Notice of Violation (NOV) to the Town as the
construction of the sand bag revetment was complete but the Town had not removed the
temporary geotextile tube. DCM also issued a proposed restoration plan requiring removal of the
geotextile tubes.
60. On April 24, 2015, DCM issued a revised restoration plan to the Town, indicating
that it could either remove the geotextile tubes as promised, or could proceed to seek a variance
from the Commission during with the upcoming July 15, 2015 meeting for permission to keep
the geotextile tubes in place for some period of time.
61. On May 4, 2015, the Town signed and returned the revised restoration agreement,
indicating that they wished to proceed with the variance process at the Commission's July 15,
2015 meeting.
Application for Major Modification to CAMA Major Permit No. 92-14
62. Pursuant to the revised restoration plan, on May 1, 2015 the Town sent a revised
major modification request, which DCM accepted as complete, seeking to retain the geotextile
tubes as a pan of its temporary erosion control structures. Section 8a of the modification request
states that the tubes would "...remain in place until the Onslow maintenance navigation and
17

disposal of material along the north end of North Topsail Beach can occur, or until March 31,
2016."
63. As part of the CAMA Major Permit Modification Application process, adjacent
neighbors and the public were given notice of the Town's CAMA permit application through
publication in the Star News on May 11, 2014. No comments were received.
64. Also as part of the CAMA Major Permit Modification application process, the
Town's application, Field Report, and other materials were sent to resource agencies for
comment. Of those agencies responding, the DCM Fisheries Specialist raised concerns regarding
the proposal due to concerns about surf zone habitat, though DCM did not deem these concerns
sufficient to support permit denial. Comments were also received from the Wildlife Resources
Commission, raising concerns about the project.
65. On June 2, 2015, DCM denied the Town's request because the geotextile tube
design was inconsistent with the Commission's rules regarding temporary erosion control devices
found at 15A NCAC 7H. 0308(a)(2)(K) and (L) which regulate the size of sandbags and prohibit
the use of anchoring devices for sandbags.
Onslow County's Proposed Shallow -Draft Inlet Navigation Project
66. Onslow County, in cooperation with the Town, is in the process of seeking non-
federal permits that will allow the County to maintain authorized federal navigation channels in
the vicinity of North Topsail Beach including the channel through Cedar Bush Cut, the southern
portion of New River, and sections of the AIW W where these channels meet. In accordance with
the permit request, the material removed to maintain the channels would be deposited along
portions of the north end of North Topsail Beach including the area immediately fronting the
18

sand bag revetment. The application for this project was accepted as complete on June 4, 2015
by DCM, with the exception of the signed certified mail receipts, and is currently being
circulated for comment through the CAMA major permit process. Tom Jarrett projects that
between 65,000 and 110,000 cubic yards of sediment will be deposited from this project on
about 3,000 feet of shoreline along the extreme North End of North Topsail Beach.
67. Onslow County hopes to have the permits in time to perform the maintenance
dredging during the upcoming environmental dredging window, which runs from November 16,
2015 to March 31, 2016.
68. A cost estimate was developed for construction of the Onslow County project
including development of bidding documents and contractor coordination, dredge mobilization,
cost to pump sand to beach, and construction observations. The cost to implement this alternative
is estimated at $1,694,500. The state, county, and North Topsail Beach have shared the
permitting costs and there are verbal commitments by all three entities to share the cost of
construction as well. Based on the project plan, the Town would be responsible for 25 percent of
the total cost ($423,625.00).
The Town's Consultant's Reports
69. In a March 18, 2015 letter from CP&E to DCM, Tom Jarrett opines that the
geotextile tube along the north end of the sand bag revetment continues to provide vital scour
protection and its removal prior to the placement of the navigation maintenance material could
result in dramatic failure of a portion of the sand bag revetment. According to a March 5, 2015
letter from CP&E to DCM, significant accretion of sand has occurred along the southern portions
of geotextile tube throughout the last month of construction. Approximately 1,000 feet of the
19

southern portion of the containment tube has been partially or completely covered with sand.
According to Mr. Jarrett, given the amount of burial that has taken place, the excavation and
removal of the geotextile tube at this point would likely be detrimental to the integrity of the
sand bag revetment.
70. In addition, according to Mr. Jarrett, the tubes have not had any noticeable
adverse impact on the adjacent shorelines based on a comparison to revetments composed of
only sand bags. Mr. Jarrett further opines that allowing the geotextile tube to remain until March
31, 2016 or the completion of Onslow County's channel maintenancelbeach disposal activities,
whichever is later, would not have any greater negative impact on adjacent properties than the
impacts associated with the sand bag revetment itself. See March 5, 2015 letter from CP&E to
DCM.
71. in Mr. Jarrett's opinion, the rapidly changing conditions along the north end of
North Topsail Beach and the accelerated rate of material lost has made it abundantly clear that
the sand bag revetment alone will most likely not be able to protect the homes or the roads in this
area for a sufficient amount of time to allow for gradual recovery of the shoreline associated with
the channel realignment project. See March 5, 2015 Letter from CP&E to DCM.
72. The Year 2 Post -Construction Physical Monitoring Report (included as a
stipulated exhibit provided to the Commission) suggests that the ebb shoal is reconfiguring to a
preferred alignment as designed; however as stated in the engineering documents, this process
will take time.
73. The commitments by the Town to remove the sand tubes in accordance with the
permit conditions were based on the Town's Consultant's belief that the sand bag revetment
20

alone would be able to provide the degree of protection needed to preserve the area until the inlet
channel relocation project begins to produce measurable positive impacts on the area. In spite of
this request for a permit modification to extend the time allowed for the geotextile tube to remain
in place, the Town remains committed to removing the geotextile tubes once the channel
maintenance activities are completed and the area exhibits signs of continued
recovery/stabilization.
74. The stated purpose of the channel realignment project constructed by the Town
between December 2012 and February 2013 under CAMA Major Permit No. 79-10 was to
induce reconfiguration of the ebb delta by redistributing material from the north side of the delta
to the south side.
75. According to the Town's consultants, a build-up of material on the south side of
the ebb tide delta would provide a higher degree of wave sheltering to the north end of North
Topsail Beach which should eventually lead to a reduction in shoreline erosion rates immediately
south of the inlet in the short term and possibly some widening of the beach in the long term.
76. According to the Town's consultants, the actual time for the shoreline between
stations 1140+00 (area from between Topsail Reef Buildings Nos. 5 and 6) and 1160+00 (south
shoulder of New River Inlet) to respond to the new channel cannot be made with a high degree
of certainty; however, significant accretion should occur within five years with full recovery
occurring within 15 years following the channel relocation.
77. Representatives of the Town state that the Town is committed to establishing and
maintaining a healthy beach along the north end of the Island. The Town contends that it has also
shown a commitment to protect New River Inlet Road to allow the ocean front property owners
21

as well as those property owners along Oyster Lane, Port Drive, River Drive, and the Beach Club
to continue to have access to their property, as shown by the Sand Bag Revetment project.
A History of the Commission's Examination of the Use of Geotextile Tubes
78. At the September 16, 2010 Commission meeting, DCM Staff presented
information to the Commission about the use of geotextile tubes for temporary erosion control,
following Spencer Rogers' presentation at the July 2010 Commission meeting suggesting their
use as another method of temporary erosion control.
79. At the 2010 presentation, Staff raised public safety concerns about the geotextile
tubes stability, ability to roll, and their difficulty to climb when uncovered. Due to these
concerns, Staff recommended against rulemaking to allow geotextile tubes. Following this
presentation, the Commission took no action to initiate rulemaking regarding geotextile tubes.
80. At the April 29, 2015 Commission meeting, DCM Staff presented a PowerPoint
similar to that used in 2010, and raised the same public safety concerns about geotextile tubes,
and again recommended against rulemaking to allow the use of geotextile tubes as another
method of temporary erosion control.
The Town's Variance Request
81. The Town is requesting a variance from 15A NCAC 7H. 0308(a)(2)(K) and (L),
as noted in the June 2, 2015 CAMA major modification denial, in order to keep the geotextile
tubes in place as a part of the temporary erosion control sandbag structures until March 31, 2016
or the completion of Onslow County's channel maintenance/beach disposal activities, whichever
is later.
22

STIPULATED EXHIBITS
Included with the Petition and the Staff Recommendation for the Commission's review
were the following Stipulated Exhibits:
• All Exhibits for CRC-VR-14-16, as well as the following new exhibits:
• Major Permit Modification Application submitted by the Town to the DCM, May 1, 2015,
together will all forms, attachments and appendices.
• Correspondence from the DCM to the Town, dated February 27, 2015.
• Correspondence from Coastal Planning and Engineering of North Carolina, Inc. to DCM,
March 5, 2015
• Correspondence from Coastal Planning and Eng of NC, Inc. to DCM, March 18, 2015
• June 25, 2015 Statement of Tom Jarrett, P.E.
• Updated PowerPoint with aerial and ground level site photographs
• CRC's November 24, 2014 Final Agency Decision granting 2014 Variance petition
• Modification to CAMA Major Permit #92-14 authorizing "regular" sized bags, north end
• Email chain from November 24-26, 2014 regarding the geotextile tube request, including
commitments to remove
• Report from Town re use of geotextile tubes and new proposed size of sandbag structure
• Permit #92-14 as Amended on November 26, 2014
• Project Narrative from Town
• Correspondence from DCM to Town on March 12, 2015.
• March 20, 2015 response from Town to DCM
• March 26, 2015 NOV and restoration plan
• April 24, 2015 revised restoration plan
• May 4, 2015 signed copy of revised restoration plan
23

Comments from permit review process from DCM Fisheries Specialist and WRC
DCM Field Report for modification request
• June 2, 2015 DCM Denial letter
2010 PowerPoint re: geotextile tubes by DCM to CRC
• 2015 PowerPoint re: geotextile tubes by DCM to CRC
CONCLUSIONS OF LAW
The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC
07J .0703(o which must be found before a variance can be granted as set forth below.
A. Strict application of Ocean Hazard Rules will cause unnecessary
hardships.
The Commission's rules relating to the Ocean Erodible, High -Hazard Flood and Inlet
Hazard Areas of Environmental Concern set forth at 15A NCAC 7H .0301, .0302 and .0303 are
designed to prevent danger to life, property and prevent encroachment of permanent structures
on public beach areas. In addition, 15A NCAC 7H .0308 limits the use of erosion control
structures to protect property by requiring temporary placement for a short period of time in
order to minimize the loss of resources to erosion, while still protecting the public's right to use
and enjoy the beach.
The conditions in amended CAMA Major Permit No. 92-14 required the Town to remove
the temporary containment geotextile tube immediately upon completion of the sandbag
revetment or by May 21, 2015, whichever came first. The Town received a NOV based on its
24

failure to comply with the terms of the permit. Without the variance, the Town would be required
to come into compliance with its permit and remove the temporary containment geotextile tubes.
In its request for a variance, the Town stated that it completed Phase 1 of its multifaceted
inlet and shoreline management plan in February 2013 which included repositioning the New
River Inlet ocean bar channel. The material removed during this process was used as beach fill
along 7,730 feet of shoreline south of New River Inlet. By August 2014, all of the fill material
placed north of Topsail Reef had been lost. In response to the emergency situation created by the
rapid deterioration of the fill, the Town applied for a permit to construct a sandbag revetment
along approximately 1500 feet of shoreline north of Topsail Reef. DCM issued amended CAMA
Major Permit No. 92-14 on November 26, 2014 pursuant to a variance the Commission granted
the Town. The permit allowed the Town to use a temporary sand filled containment tube to
provide protection to the area during installation of the sandbag revetment. The conditions of the
permit required the temporary containment tube to be removed immediately upon completion of
the sandbag revetment or by May 21, 2015, whichever occurred sooner. The sandbag revetment
was essentially completed on February 25, 2015. However, in violation of the permit condition,
approximately 1,350 feet of the containment tube are still in place fronting the revetment from
2378 to 2290 New River Inlet Road.
The Town has provided information from its consultant Mr. Jarrett concluding that along
portions of the revetment where the geotextile tube is exposed, the tube is providing scour
protection to the sand bag revetment. Mr. Jarrett also opined that the premature removal of the
partially buried and exposed geotextile tube will likely result in rapid scour along the toe of the
sand bag revetment leading to the failure of the sand bag revetment and possible destruction of
25

the 20 residential structures located between Topsail Reef and New River Inlet.
The Town provided information to the Commission that the tax value of these structures
and their lots total roughly $9 million. If these properties are lost from the tax base, the Town's
annual tax revenue of North Topsail Beach would be reduced by approximately by $35,388
based on the proposed 2015 tax rate of $0.3932 per $100. In addition, the loss of these 20
structures could have a secondary impact on the assessed value of other structures in the area.
In addition to the potential loss of the 20 residential structures, the deteriorated condition
of the shoreline on the north end of town has resulted in frequent episodes of wave over -washing
of the beach berm and flooding of New River Inlet Road and connecting side streets. Continued
recession of the shoreline could eventually undermine New River Inlet Road and cut off access
to homes on the north end of town.
Onslow County, in cooperation with the Town, is in the process of seeking non-federal
permits that will allow the County to maintain authorized federal navigation channels in the
vicinity of North Topsail Beach. In accordance with the permit request, the material removed to
maintain the channels would be deposited along portions of the north end of North Topsail
Beach including the area immediately fronting the sand bag revetment. The application for this
project was accepted as complete on June 4, 2015 by DCM, with the exception of the signed
certified mail receipts, and is currently being circulated for comment through the CAMA major
permit process. Tom Jarrett projects that between 65,000 and I10,000 cubic yards of sediment
will be deposited from this project on about 3,000 feet of shoreline along the extreme North End
of North Topsail Beach. Onslow County hopes to have the permits in time to perform the
maintenance dredging during the upcoming environmental dredging window, which runs from
AM

November 16, 2015 to March 31, 2016.
The Commission affirmatively finds that strict application of the Rules would cause
Petitioner unnecessary hardship insofar as requiring the Town to remove the geotextile tubes
prior to the upcoming beach nourishment (planned for the 2015/2016 environmental dredging
window) may cause damage to the 20 houses currently protected by the geotextile tubes without
measurable improvement to the shoreline system. For these reasons, the Commission
affirmatively finds that Petitioner has met the first factor without which a variance cannot be
granted.
B. Petitioner has demonstrated that the hardship results from conditions
peculiar to Petitioner's property.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
results from conditions peculiar to the property. Specifically, the Site is located within the Inlet
Hazard AEC for the New River Inlet and is influenced by the dynamic inlet processes. The
behavior of the shoreline on the north end of North Topsail Beach is imminently tied to the
position and alignment of the main bar channel of New River Inlet as shown by morphological
studies of New River Inlet reported in the project EIS. The studies also identified a position and
alignment of the bar channel that would provide a beneficial impact on the north end shoreline.
Based on these studies, the Town of North Topsail Beach elected to artificially move the channel
to the preferred position and alignment indicated by the morphological studies. The Town
implemented Phase I of the channel realignment project channel and repositioning the channel
was completed in February 2013. Prior to the channel realignment, the nodal influence on North
Topsail Beach was enhanced due to the absence of significant shoal accumulations on the south
side of the inlet. The absence of shoal material south of the inlet is one of the issues the channel
27

relocation project was designed to address, i.e., the purpose of moving the channel was to
encourage the reconfiguration of the inlet's ebb tide delta through the redistribution of material
from the north side of the inlet to the south side. Monitoring of the inlet since the channel was
moved seems to indicate some redistribution of material is occurring; however, the process will
take years before it has a significant positive impact on the north end of North Topsail Beach.
Given the realignment of the channel and its impact on North Topsail Beach, the Commission
affirmatively finds that Petitioner has demonstrated that the hardship results from conditions
peculiar to the property and has met the second factor required for the grant of its request for a
variance.
C. Petitioner has demonstrated that the hardship does not result from actions
taken by Petitioner.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
does not result from actions taken by the Petitioner. Specifically, the Town has done nothing to
accelerate the erosion affecting the Site and has taken significant steps to address the problem,
including the development and implementation of its Inlet Management Plan. While the losses
from the beach fill have been higher than anticipated, the condition of most of the shoreline
included in the Phase 1 fill is still better, in terms of the beach width measured at MHW than it
was prior to construction of Phase 1. The exception, as previously noted, lies in the area north of
Topsail Reef.
The Town's commitments to remove the geotextile sand tube in accordance with the
permit conditions when construction was completed was based on its belief that the sand bag
revetment alone would be able to provide the degree of protection needed to preserve the area
until the inlet channel relocation project begins to produce measurable positive impacts on the
28

area. However, the rapidly changing conditions along the north end of the island and the
accelerated rate of loss of material from the area has made it abundantly clear that the sand bag
revetment alone will not be able to protect the homes or the roads in this area for a sufficient
amount of time to allow for gradual recovery of the shoreline associated with the channel
realignment project.
For these reasons, the Commission affirmatively finds that Petitioner has demonstrated
that it has met the third factor required for a variance.
D. Petitioner has demonstrated that the requested variance is consistent with
the spirit, purpose and intent of the Commission's rules, will secure public
safety and welfare, and will preserve substantial justice.
The Commission affirmatively finds that Petitioner has demonstrated (a) that the
requested variance is consistent with the spirit, purpose and intent of the Commission's rules, (b)
that it will secure public safety and welfare, and (c) that it will preserve substantial justice.
Specifically, the spirit, purpose and intent of the Commission's rules for the Ocean
Hazard Area of Environmental Concern is to allow temporary erosion control for imminently
threatened structures, while limiting the size of the individual sandbags and the dimensions of
the overall structure that may be permitted. In 2003, CAMA was amended to include 113A-
115.1, which prohibited the use of erosion control structures along the ocean shoreline, except in
a few specific situations. The Commission's rules allow for the continued use of "temporary
erosion control structures" made of sandbags to protect imminently threatened structures within
20 feet of the erosion scarp. The installation and design standards in the Commission's rules
reflect the temporary nature of the structures, and demonstrate that sandbags were not intended
as large, permanent structures. As stated in 15A NCAC 07M.0202(e), these temporary measures
29

are to be used "only to the extent necessary to protect property for a short period of time until the
threatened structures can be relocated or until the effects of a short-term erosion event are
reversed." This rule demonstrates that sandbags should only offer immediate relief and time to
find a permanent solution. The Commission's size limits on individual sandbags and limits on
the overall structure size are intended to promote structural stability and effectiveness, while
maintaining the temporary nature and the public's right of safe access to the beach. Given the
Town's commitment to renourish the North Topsail Beach during the 2015/2016 dredging
window, the Commission affirmative finds that Petitioner's proposed development is consistent
with the spirit, purpose, and intent of the Commission's Rule as long as Condition No. 11 in
amended CAMA Major Permit No. 92-14 is revised to allow the authorized containment tube to
remain part of the temporary erosion control structures until June 30, 2016 or the Onslow
County's channel maintenance/beach disposal activities are completed whichever comes first.
The second assessment to be made is whether the variance proposed by the Petitioner will
impact public safety and welfare. Petitioner submits, and the Commission agrees that if the
deadline for removal of the geotextile tubes is extended, public safety and welfare will be
protected insofar as the structures will receive some additional protection which may prevent
their imminent destruction. Floating debris, submerged and/or hidden piles, as well as other
anthropogenic items remaining once these properties are abandoned would pose a serious threat
to the safety of the public that uses the area for recreational purposes. Allowing the containment
tube to remain as part of the temporary erosion control structures until such time as navigation
maintenance material is deposited or June 30, 2016 whichever comes first will significantly
lessen any unreasonable danger(s) to life and adjacent property from the foregoing dangers.
30

Observations made during the construction process indicate the tubes have not had a
noticeable adverse impact on adjacent shorelines as compared to revetments composed of only
sand bags. Therefore, allowing the sand tube to remain for an extended period of time should not
have any greater negative impact on adjacent properties than the impacts associated with the
sand bag revetment itself. will have no adverse effect on public safety and welfare.
Finally, the Commission agrees that a variance will preserve substantial justice by
allowing the Town to use the geotextile tubes to stabilize the permitted sand bag revetment,
preserve the work already done to protect the North End of the island, and preserve the interests
of the Town and the North End property owners until such time as the deposit of navigation
maintenance material takes place in 2015/2016, and the realignment of New River Inlet begins to
yield positive effects. For these reasons, the Commission affirmatively finds that Petitioner has
met the fourth factor required by N.C.G.S. § 113A-120.1(a) subject to the condition that the
Town's temporary use of the geotextile tube will be extended no longer than June 30, 2016 or
when the renourishment project is completed whichever comes first.
During oral argument before the Commission, the Town explicitly agreed that it would
remove the temporary geotextile tube when the beach renourishment project was completed or
by June 31, 2016 whichever came first.
ORDER
THEREFORE, the Town's request for a variance from 15A NCAC 7H. 0308(a)(2)(K)
and (L) in order to extend the time to keep the geotextile tubes in place as a part of the temporary
erosion control sandbag structures is GRANTED subject to the condition that the geotextile
tubes will be removed when Onslow County's channel maintenance/beach disposal project is
31

complete or by June 30, 2016 whichever comes first.
The granting of this variance does not relieve Petitioner of the responsibility for obtaining
any other required permits from the proper permitting authority. This variance is based upon the
Stipulated Facts set forth above. The Commission reserves the right to reconsider the granting of
this variance and to take any appropriate action should it be shown that any of the above
Stipulated Facts is not true or has materially changed.
This the 14`h day of August 2015. J�y�-� /1a/b4 Joe Oriwmjv
Frank D. Gorham, III, Chairman
Coastal Resources Commission
W,

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties_ by the methods indicated below:
Stuart Turille, Town Manager
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, NC 28460
Brian E. Edes, Town Attorney
Crossley McIntosh & Collier
5002 Randall Parkway
Wilmington, NC 28403
Christine A. Goebel, Esq.
Assistant Attorney General
N.C. Department of Justice
Braxton C. Davis
Angela Willis
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
This the 141i day of August, 2015
Cer•lifred dAail/ Return Receipt Requested and
Electronically:
[e-mail]
U.S. Mail and Electronically at
[e-mail]
Electronically at
cgoebelli�ncdoi.gov
Electronically
[e-mail] and
[e-mail]
s<
Mary case
SpethlDepUty Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602
33

1e0IMtit
APPLICATION for kLut"tu
MAY 12 20115
dolor Development Pormlt y un-W1CIN kii LA.
(last revised 12127106)
North Carolina DIVISION OF COASTAL MANAGEMENT
!. Primary Applicant/ Landowner Information
Business Name
Town Of North Topsail Beach
Project Name (if applicable)
Sandbag Revetment
Phase 1 Emergency
Applicant 1: First Name
MI
Last Name
Stuart
Turille
Applicant 2: First Name
MI
Last Name
N/A
N/A
N/A
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City.
State
2008 Loggerhead Court
N/A
North Topsail Beach
NC
ZIP
Country
Phone No.
FAX No.
28460
USA
910 - 328 -1349 ext. n/a
N/A -
Street Address (if different from above)
City
Stale
ZIP
NIA
N/A
N/A
NIA -
Email
[e-mail]
2. Agent(Contractor Information
Business Name
Coastal Planning & Engineering Of No, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Kenneth
N/A
Willson
Agent/ Contractor 2: First Name
MI
Last Name
N/A
N/A
N/A
Mailing Address
PO Box
City
State
4038 Masonboro Loop Rd
N/A
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28409
910 - 791 - 9494 ext.
910 - 264 - 2166 ext. n/a
FAX No.
Contractor #
910 791 4129
Street Address (ifdilferent from above)
City
Slate
ZIP
N/A
N/A
NIA
N/A -
Email
[e-mail]
<Form continues on back>
1M
RECEIVED
OCM WILMINGTON, NC
.. 1-88b-4R.Cf+,A9.,^T .. +-•, ;n•w.l�cc na a: ;!:: r;:as{�=!ne!!`.nei

Form DCM MP-1 (Page 2 of 5) APPLICATION for
RECEIVED
Major Development Permit
KY 12 2015
3. Project Location'""' .'
County (can be multiple)
Street Address
State Rd. #
Onslow
New River Inlet Road
N/A
Subdivision Name
City
State
Zip
N/A
North Topsail Beach
NC -
28460 -
Phone No.
Lot No.(s) (rfmany, attach additional page with list)
910 - 328 -1349 ext. n/a
WA, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak River Basin
New River Inlet 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
New River Inlet and 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.
North Topsail Beach
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
Approximately 1350 ft.
16,200 sq. ft.
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
n/a,
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
5 ft. MHW ❑NHW or ❑NWL
e.
Vegetation on tract
No vegetation is present due to presence of sandbag revetment, past erosion and construction activities associated with
Phase I of the beach management project.
I.
Man-made features and uses now on tract
There are currently 20 residential structures located along the ocean shoreline north of the Topsail Reef Condominiums.
New River Inlet Road is located immediately landward of the homes. The residential structures serve as both permanent
residences and rental properties. A sand bag revetment was constructed along approximately 1,500 ft. of shoreline, north of
Topsail Reefs Condominiums in February 2015. The revetment includes a 50 ft. return wall that extends from the northern
terminus of the revetment perpendicular to shore and ties into the existing upland dune system. An additional 330 ft.
segment of the revetment extends north of the initially constructed revetment.
g.
Identify and describe the existing land uses ad'acen to the proposed project site.
The property immediately south of the installed sand tube is occupied by oceanfront residential condominiums. To the
north, the area is undeveloped and bounded by New River Inlet. The Topsail Reef Condominiums are protected by a
sandbag revetment installed in 2012.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-1 Residential
(Attach zoning compliance certificate, If applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA
If yes, by whom? N/A
1.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No LIMA
National Register listed or eligible property? r' f,,_ r r—
<Form continues on next page> DCM WILMINGTON, NC
MAY 0i7015
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Form DCM MP-1 (Page 3 of 5)
APPLICATION for
RECEIVED Major Development Permit
wy 19 7015
m. (1) Are there wetlands on the site? ❑Yes ®No
cr�n.+nvc�tr
(11) 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.
n/a
o. Describe existing drinking water supply source.
n/a
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublictGovernment
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The Town of North Topsail Beach believes leaving the temporary containment sand tubes in place continues to provide vital
scour protection to the sand bag revetment constructed in February 2015, and its removal prior to the placement of
navigation maintenance material could result in dramatic failure of a portion of the sand bag revetment.
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.
n/a
d. List all development activities you propose.
The Town proposes to leave the temporary containment sand.tube in place until March 31, 2016 or upon completion of the
Onslow County channel maintenance activates.
e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance
f. What is the approximate total disturbed land area resulting from the proposed project? 16,200 ®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.
N/A
I. Will wastewater or stonnwater 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.
RECEIVED
<Form continues on back> DCM WILMINGTON, NO
MAY 0 12015
252—�08-28t38 .. 3-Ei3£i-={iiCtS ,:Se ..

Form DCM MP-1 (Page 4 of 5) RECEIVED APPLICATION for
MAY 12 7015
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 lobe complete. Items (a) — (f) 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 mall. 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 George and Diann Vann Phone No.
Address 2386 New River Inlet Rd., 12926 Couples PI., Waldorf, MD 20601
Name Wayne and Margaret Nielson Phone No.
Address 19471 Youngs Cliff Rd., Sterling, VA 20165
Name George Neal III Phone No.
Address 3203 Henderson Rd., Greensboro, NC 27410-6032
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
Permittee: Town of North Topsail Beach (management plan) DOA Permit SAW-2005-00344
Permittee: Town of North Topsail Beach (management plan) CAMA Permit 79-10
Permifee: Town of North Topsail Beach (Off -Island Truck Haul) CAMA Permit 191-05(As modified)
Permittee: Town of North Topsail Beach (Sand Bag revetment CAMA Permit 92-14 (As Amended)
Permittee: Town of North Topsail Beach (Sand Bag revetment) DOA Pemit SAW-2014.01700
h. Signed consultant or agent authorization forth, if applicable.
I. Welland 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 th the information provided in this application is truthful to the best of my knowledge.
Date �7/ Print Name Xell rl . n yl 9/1'
Signature�G �V
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information
❑DCM MP-3 Upland Development
❑DCM MP-5 Bridges and Culverts
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015
�52-�?€).'s,-28ii3 .. '1-h°i1-•1 :, L`r?�sR" .. .,;w4r,.,.,cc:._�:�i.;saraa r e;x•aer �t. r.e.

Form DCM MP-1 (Page 5 of 5)
APPLICATION for
Major Development Permit
®DCM MP-4 Structures Information
RECEIVED
MAY 12 2015
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015
252.808-e805 ,. I-T338-41RCOA T :: w�raw.n Wiz: a�a�i�:3manag�gnem4.a:et

Forum DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
RECEIVED
14AY 12 1015
r;n�":;1rI1lN bll:!
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.
9. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Govemment ❑Private/Community
c. (i) Dock(s) and/or piers)
(ii) Number
(Ili) Length _
(iv) Width _
(v) Floating []Yes []No
e. (i) Are Platforms included? []Yes []No
If yes:
(ii) Number
(111) Length _
(iv) Width _
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dripline dimensions.
g. (1) Number of slips proposed
(ii) Number of slips existing
1. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
❑Open water; no dredging required
[]Other; please describe:
k. Typical boat length: _
m. (1) Will the facility have tie pilings?
❑Yes ❑No
(ii) If yes number of tie pilings?
®This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes []NO
d. (!)Are Finger Piers included? []Yes ❑No
If yes:
(ii) Number _
(iii) Length
(iv) Width _
(v) Floating []Yes []No
f. (i) Are Boatlifts included? ❑Yes []No
If yes:
(ii) Number
(iii) Length _
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ('wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
I. (1) Will the facility be open to the general public?
❑Yes []No
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

Fcsr n DC51c 4`'m (�`i `zYK:'.'liS�e S� pazee[ <. *"r 4)
Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number. Location: RECEIVED
❑ Showers MAY 12 2015
❑ Boatholding tank pumpout Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpoul Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
m. Is the marina/docking facility proposed within a primary or secondary nursery area? DC"M WILMINGTON, NC
❑Yes ❑No
MAY 0 12015

Fgrnl Dcnrl MP-4 i w
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to 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. RECEIVED
❑CW ❑SAV ❑SB _
OWL ❑None MAY 12 2915
�rsryA_tWnk1 �;IP�
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
13. ,BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse slructure(s):
❑Commercial ❑Public/Government ❑Private/Community
(ii) Number _
(iii) Length _
(iv) Width _
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable
a. (i) Number
(11) Length
(if) Width _
15. BREAKWATER'(e.g., wood, sheetpile, etc.) ®This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW,NWL,orwellands
6. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Governmenl ❑Private/Community
c. Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number _
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NC
MAY
132.'_$Sef3'iACESti•`_>f _e3L ,c .__ve.. .6,._°i L'.'u

a. Proximity of structure(s) to adjacent riparian property lines
n/a
Note: For buoy or mooring piling, use arc of swing including length
ofvesseL
c. Width of water body
n/a
e. (i) Will navigational aids be required as a result of the project?
[]Yes ®No ❑NA
(11) If yes, explain what type and how they will be implemented.
n/a
b. Proximity of structure(s) to adjacent docking facilities.
n/a
d. Water depth al waterward end of structure at NLW or NWL
n/a
18. OTHER []This section not applicable
a. Give complete description:
A temporary sand -filled containment tube was constructed as part of the Phase I Emergency Sand Bag Revetment on the north
end of North Topsail Beach, for the purpose of providing protection to the area during installation of the sandbag reventment.
The containment tube is approximately 1,350 ft. long and 12 ft. wide, and affects approximatley 16,200 sq. ft. of shoreline.
The containment tube was constructed at approximately 5 ft NAVD. The existing permit requires the temporary containment
tube to be removed upon completion of the sandbag revetment, or May 21, 2015. whichever is sooner. Portions of the
containment tube are alternatiely buried and covered depending on shoreline conditions; those exposed portions are
providing scour protection of the sandbag revetment. Removal of the tube at this time may therefore result in rapid scour
along the toe of the revetment, and subsequent failure of the revetment. The Town is seeking a permit modification to allow
the temporary containment tube to remain in place until the Onslow maintenance navigation and disposal of material along
the north end of North Topsail Beach can occur, or March 31, 2016.
5111 �a�S
Dale
North Topsail Beach Shoreline Protection Project -Phase 1
Emergency Sand Bag Revetment
Project Name
Town of Ncantorth Topsail Beach G /Ivy 1J
Apple// P L%/AA�
I/(A' ,y�rJc�ilp.''/,✓'? ° �/
Applicant Signature J
RECEIVED
MAY 12 2015
,1y kvl-dwrnW lsI#Y
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015
308-:z3U:

RM Mr-1
APPLICATION for
Major Development Permit
(last revised 12127106)
MAY 12 2015
wr w-wria Mux.
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Town Of North Topsail Beach
Project Name (if applicable) ( /
Phase 1 Emergency Sandbag Revetment qd
7
Applicant 1: First Name
MI
Last Name
Stuart
Turille
Applicant 2: First Name
MI
Last Name
N/A
N/A
N/A
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
2008 Loggerhead Court
N/A
North Topsail Beach
NC
ZIP
Country
Phone No.
i
FAX No.
28460
USA
910 - 328 - 1349 ext. n/a
N/A -
Street Address (d different from above)
City
State
ZIP
N/A
N/A
N/A
N/A -
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Coastal Planning & Engineering Of Nc, Inc.
Agent/ Contractor 1: First Name
MI
Last Name
Kenneth
N/A
Willson
Agent/ Contractor 2: First Name
MI
Last Name
N/A
N/A
N/A
Mailing Address
PO Box 1
City
State
4038 Masonboro Loop Rd
N/A
Wilmington
NC
ZIP
Phone No.1
Phone No. 2
28409
910 - 791 - 9494 ext.
910 - 264 - 2166 ext. n/a
FAX No.
Contractor #
910 791 4129
Street Address (d different from above)
City
State
ZIP
N/A
N/A
N/A
N/A -
Email
[e-mail]
<Form continues on back>
IM
RECEIVED
DCM WILMINGTON, NC
an a gomenr.net

Form DCM MP-1 (Page 2 of 5) RECEIVED APPLICATION for
Major Development Permit
MAY 12 2015
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Onslow
New River Inlet Road
N/A
Subdivision Name
City
State
Zip
N/A
North Topsail Beach
NC
28460 -
Phone No.
Lot No.(s) (d many, attach additional page with list)
910 - 328 -1349 ext. n/a
N/A, I ,
a. In which INC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak River Basin
New River Inlet 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
New River Inlet and 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.
North Topsail Beach
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
Approximately 1350 ft.
16.200 sq. ft.
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
n/a, I
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
5 ft. MHW ❑NHW or ❑NWL
e.
Vegetation on tract
No vegetation is present due to presence of sandbag revetment, past erosion and construction activities associated with
Phase I of the beach management project.
I.
Man-made features and uses now on tract
There are currently 20 residential structures located along the ocean shoreline north of the Topsail Reef Condominiums.
New River Inlet Road is located immediately landward of the homes. The residential structures serve as both permanent
residences and rental properties. A sand bag revetment was constructed along approximately 1,500 ft. of shoreline, north of
Topsail Reefs Condominiums in February 2015. The revetment includes a 50 ft. return wall that extends from the northern
terminus of the revetment perpendicular to shore and ties into the existing upland dune system. An additional 330 ft.
segment of the revetment extends north of the initially constructed revetment.
g.
Identify and describe the existing land uses adiacent to the proposed project site.
The property immediately south of the installed sand tube is occupied by oceanfront residential condominiums. To the
north, the area is undeveloped and bounded by New River Inlet. The Topsail Reef Condominiums are protected by a
sandbag revetment installed in 2012.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
R-1 Residential
(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? N/A
I.
Is the proposed project located in a National Registered Historic District or does f involve a []Yes ®No ❑NA
National Register listed or eligible property?
DCM WILMINGTON, NO
<Form continues on next page>
1r1AY 0 1 2015
:32,a U8�<<. �e <; - � z, -. �E,_.. a.,, -. •. ,_ .... c.-..,nan:agemews t.ne[

Form DCM MP-1 (Page 3 of 5)
APPLICATION for
RECEIVED Major Development Permit
MAY t 2 7015
m. (i) Are there wetlands on the site? []Yes ®No
�r.`NMr•4 G�� 1
(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, Aavailable)
n. Describe existing wastewater treatment facilities.
n/a
o. Describe existing drinking water supply source.
n/a
p. Describe existing storm water management or treatment systems.
n/a
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use? []Commercial ❑PublictGovernment
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
The Town of North Topsail Beach believes leaving the temporary containment sand tubes in place continues to provide vital
scour protection to the sand bag revetment constructed in February 2015, and its removal prior to the placement of
navigation maintenance material could result in dramatic failure of a portion of the sand bag revetment.
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.
n/a
d.
List all development activities you propose.
The Town proposes to leave the temporary containment sand tube in place until March 31, 2016 or upon completion of the
Onslow County channel maintenance activites.
e.
Are the proposed activities maintenance of an existing project, new work, or both? maintenance
I.
What is the approximate total disturbed land area resulting from the proposed project? 16,200 ®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.
N/A
i.
Will wastewater or stormwater be discharged into a wettand? ❑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.
RECEIVED
<Form continues on back> DCM WILMINGTON, NC
MAY 0 12015

Form DCM MP-1 (Page 4 of 5) RECEIVED APPLICATION for
MAY 12 7015.
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following dams below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to property 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 George and Diann Vann Phone No.
Address 2386 New River Inlet Rd., 12926 Couples PI., Waldorf, MD 20601
Name Wayne and Margaret Nielson Phone No.
Address 19471 Youngs Cliff Rd., Sterling, VA 20165
Name George Neal III Phone No.
Address 3203 Henderson Rd., Greensboro, NC 27410.6032
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Permittee: Town of North Topsail Beach (management plan) DOA Permit SAW-2005-00344
Permittee: Town of North Topsail Beach (management plan) CAMA Permit 79-10
Permittee: Town of North Topsail Beach (Off -Island Truck Haul) CAMA Permit 191-05(As modified)
Permittee: Town of North Topsail Beach (Sand Bag revelment CAMA Permit 92-14 (As Amended)
Permittee: Town of North Topsail Beach (Sand Bag revetment) DOA Pem@ SAW-2014-01700
h. Signed consultant or agent authorization form, if applicable.
I. Welland 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.
I understand that any permit issued in response to this application will allow only the
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 th/fit the information provided in this application is truthful to the best of my knowledge. n
Date 7 / / / �� Print Name �rP�n �` , 11�j� (l ^f ` L�`f5�A Al -7 4
Signature G fL
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED
❑DCM MP-3 Upland Development DCM WILMINGTON, NC
MAY 0 12015
ca 9 e m e n t. n et

Form DCM MP-1 (Page 5 of 5)
®DCM MP-4 Structures Information
APPLICATION for
Major Development Permit
RECEIVED
MAY 12 2015
1+w yu'IM bliV
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015
•;ec., :w.oe�,.saaca l in an age in ent.net

Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
RECEIVED
MAY 12 2015
-,k-A-kwnN M-14y.
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.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑Public/Government ❑Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number
(iii) Length _
(iv) Width
(v) Floating []Yes ❑No
e. (i) Are Platforms included? ❑Yes ❑No
If yes:
(ii) Number
(iii) Length _
(iv) Width
(v) Floating ❑Yes ❑No
Note: Roofed areas are calculated from dnpline dimensions.
g. (i) Number of slips proposed
(ii) Number of slips existing
i. Check the proposed type of siting:
❑ Land cut and access channel
[]Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length:
m. (i) Will the facility have tie pilings?
[]Yes []No
(ii) If yes number of tie pilings?
®This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes []No
d. (i) Are Finger Piers included? []Yes []No
If yes:
(ii) Number
(Ili) Length _
(iv) Width _
(v) Floating []Yes []No
f. (i) Are Boatlifts included? ❑Yes ❑No
If yes:
(ii) Number
(iii) Length
IN) Width _
h. Check all the types of services to be provided.
❑ Full service, including travel It and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slips") only, number of slips:
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps: _
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
I. (i) Will the facility be open to the general public?
❑Yes []No
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015
revised: 12"2'7!06

2.
DOCKING FACILITY/MARINA OPERATIONS
0This section not applicable
a.
b.
Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
Describe treatment type and disposal location for all sanitary wastewater.
VED
MAY 1 2 2015
��,w-uuna elty-
C.
Describe the disposal of solid waste, fish offal and trash.
d.
How will overboard discharge of sewage from boats be controlled?
e.
(i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available' signs proposed.
f.
Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g.
Where will residue from vessel maintenance be disposed of?
h.
i.
Give the number of channel markers and "No Wake" signs proposed. _
Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j.
What will be the marina policy on overnight and live -aboard dockage?
k.
Describe design measures that promote boat basin gushing?
I.
If this project is an expansion of an existing marina, what types of services are currently provided?
m.
Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes [:]No
o. Is the marina/docking facility proposed within or adjacent to 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. RECEIVED
❑CW ❑SAV ❑SB _
OWL ❑None MAY 12 2015
r NN-wtriw uliv-
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes [:]No
If yes, give the name and address of the leaseholdef(s), and give the proximity to the lease.
3. BOATHOUSE (including covered lifts) ®This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubliGGovemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock grain, use MP-2, Excavation and Fill.) ®This section not applicable
a. (I) Number
(if) Length
(III) Width _
5. BREAKWATER (e.g., wood, sheetpile, etc.) 0This section not applicable
a. Length _ b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS 0This section not applicable
a. Is the structure(s):
[-]Commercial ❑PubliGGovemment ❑Private/Community
C. Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
7. GENERAL
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NC
MAY
revised: 12r2TU6

a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
n/a We
Note: For buoy or mooring piling, use arc of swing including length
ofvessel.
c. Width of water body
n/a
e. (1) Will navigational aids be required as a result of the project?
❑Yes SNo ❑NA
(11) If yes, explain what type and how they will be implemented.
n/a
d. Water depth at watenvard end of structure at NLW or NWL
n/a
8. OTHER ❑This section not applicable
a. Give complete description:
A temporary sand -filled containment tube was constructed as part of the Phase I Emergency Sand Bag Revetment on the north
end of North Topsail Beach, for the purpose of providing protection to the area during installation of the sandbag reventment.
The containment tube is approximately 1,350 ft. long and 12 ft. wide, and affects approximatley 16,200 sq. ft. of shoreline.
The containment tube was constructed at approximately 5 ft NAVD. The existing permit requires the temporary containment
tube to be removed upon completion of the sandbag revetment, or May 21, 2015, whichever is sooner. Portions of the
containment tube are altematiely buried and covered depending on shoreline conditions; those exposed portions are
providing scour protection of the sandbag revetment. Removal of the tube at this time may therefore result in rapid scour
along the toe of the revetment, and subsequent failure of the revetment. The Town is seeking a permit modification to allow
the temporary containment tube to remain in place until the Onslow maintenance navigation and disposal of material along
the north end of North Topsail Beach can occur, or March 31, 2016.
S!► 110►S
Date
North Topsail Beach Shoreline Protection Project -Phase 1
Emergency Sand Bag Revetment
Project Name
Town of North Topsail Beach
Appliccaajnt N�Nre //' I L.Aa' l GJ J
/' � � l�P��r • �4nn,� 9',tn ,nea
Applicant Signature
RECEIVED
MAY 12 2015
NMw-WtOM YSH-0�
C-li" AI`)
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015
.,. ,IC.: 12;21;oe

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD RECEIVED
1) APPLICANT: Town ojNorth Topsail Beach
COUNTY: Onslow MAY 12 1015
PROJECT NAME: 92-14MM kr w'"6wor r'*
LOCATION OF PROJECT: along the oceanfront between 2284 — 2382 New River Inlet Rd, in NTB
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-1-15
FIELD RECOMMENDATION: Attached: YES
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: Dail
DISTRICT MANAGER REVIEW:Z—
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE RECD: 5-11-15
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE: r) it
MAIL OUT DATE: 5-8-15
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE REC'D:
END OF NOTICE DATE: 6-1-15
DEED RECD:
ON: (
150 DAY DEADLINE:
STATE DUE DATE: 6-11-15
FED COMMENTS RECD:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
Coastal Management - LUP Consistency
Division of Community Assistance
Land Quality Section (DEMLR)
Division of Water Resources (401)
Storm Water Management (DEMLR)
State Property Office
Division of Archives & History
Division of Environmental Health
Division of Highways
Wildlife Resources Commission
Local Permit Office
Division of Marine Fisheries / DCM
Corps of Engineers
EEL-

RECEIVED
MAJOR PERMIT FEE SCHEDULE
Town of NTB 92-14MM / $250 / Onslow County
MAY 12 2015
Iak;m-MGM —,,,,
DCM %
DWQ %
Development Te
Fee
14300160143510009316256253
2430016024351000952341
1. Private, non-commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
1 100%
$400
0%
$0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
or D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
III(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification No.
3490 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or aquatic life:
$400
60%
$240
40%
$160
III(D). If General Water Quality Certification No.
3490 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
and/or open water areas:
$475
60%
$285
40%
$190
�0 �
�S�

DENR CAMA
Dail Check Log for WIRO
Check
Cheek
Dare
Deposi
Name ofPermif Holder Vendor
Number
amount
Permif NumbedComme its
Refund'Rea9ocated
Received
red Chaek From Name)
First Citizens Bank
7%1
E600.00
bulkhead permit
4/162075
4.23.15 Archie McGirr and Janet Borten same _
4.23.15 Medince and John Hunt same _NC State Employees Credit Union
3562
$200.00
GP 65139D
4/16/2015
719
1029
9440
4936
2087
20158
$200.00
$200.00
$200.00
$100.00
$200.00
$250.00
GP 65185D
GP 65197D
GP 65198D
renewal fee, MP 38-12
GP boaldfl 6393 Mazede Tr. OIB
major fee. NHi
4/20/2015
423.16
R. Burak Erem
same B ol A
4/20/2015
4.23.15
Charles D. Carmen Jr.
same Piedmont Advantage Cmdd Union
4202075
4.23.15
Somheastem Coastal Construction Co.
King__ First Federal
412=015
4.23.15
Charles Douglas Wilson or Carolyn Wilson same _ TD Bank
4/20/2016
4.23.15
Maritime Coastal Construction I ,Thompson _ _CresCom Bank
Bulkheads LLC Tatum Fargo Bank
4/21/2075
4.23.15
Coastal Marine Piers __ _Wells
7363
E250.00
major fee, TB, PN
4/17/2015
4.23.15
Aldetl Marine Comredors, LLC McLeod B of A
Marine Federal Credit Union185
$200.00
GP 65170D
4/21/2015
4.23.15
4.23.15
4.23.15
Kayla Midget isame _
Backwater Marine Construction Inc Frank Pope _ _ BB &T
Clements Marine Construction D Logan _First Citizens Bank
1889
$200.00
GP %601D
4/21/2015
3779
$300.00
GP 64612D @$200
427/2015
4450
5995
$400.00
$2,000.00
1 5-07 renewal $100
GP %611D
GP 65122D @$400
Jam Properties/Dan Smith transferred from Lucien Ellison I
4222015
4.23.15
F and S Marine Contractors Ina Williams
PNC Bank
4/=015
4.23.15
Willie Clarence Richardson (Town of Holden Beach
BB &T
GP 66190D $600
James and Jane Warren
_ Mahe Buchanan
Elliot W. and Francis H. Shaver
Judy H. and Paul C. Starks, Jr.
GP 65191D@$400
GP 65192D $400
3426
$200.00
GP 651930 @$200
NOV 15-06D
4/232015
4.27.I S
Thomas Power Systems, Inc. .Thomas Besedin
B W A
3317
$200.00
GP 6206 E. Yacht OI
4/23/2015
4.27.15
Custom Island Homes by Kan Mawr LLC William Crtcher
CresCom Bank
Wells Fargo Bank
17-782261643
$300.00
GP 65182D 5400
4/232015
4.27.15
Money order for Brandon Grimes 'Donald Howell
17-182281842
$500.00
GP 657830 @3400
42VAIS
4.27.15
Money orderfor Brandon Grimes Michael Kunch
Wells Fargo Bank
2159574
$400.00
major fee, NHCo
4/172015
4.27.15
Kimley-Hom & Assoc., lm _I
City of Wiilmington-Heide Trask Bridge Walkway
Weds Fargo Bank
North State Bank
PNC Bank
3%
26651
5400.00
$100.00
major fee, NHCo _
mad fce, 46-92
4242075
5.1.15
Porters Neck Homeowners Assoc., Int _same
4242015
4.27.15
Carolina Marine Terminal, Inc
Altamar Inc. -
South State Bank
t517
5100.00
_ _ _
minor tea, Naylor, NTB
4/242015
4.27.15
APM Construction, Inc.
S08 Tradewind appl.
BB 8T
3372
5200.00
?
4/242015
VCC, Inc.
110 Sanford Street
Chance Schwab Bank
1076
$200.00
GP for 9% Geye Ave, TB _
4242015
427.15
Irvin Ray McDonald, Jr.
same
Firoi Citizens Bank
3767
5250.00
major fce, PNCo
4272015
4.27.15
Clements Marine ConsWction
Anthony Jeffs
B of A
115
$100.00
mirror fee, NTB, Ons Jason Dail, retarding check
4272015
Merril LeMdne or Louis LeMdne
same
TD Bank
917
$400.00
majorfce, 579 Lewis Rd Hampstead
4272015
Quartermaster Store @Marker 90
R. Baidey
Weis Fargo Bank
20169
$200.00
GP 64613D
4272015
5.7.15
Coastal Marine Piers Bulkheads LLC
Paul Sommers
First Citizens Bank
a%9
$100.00
mirror fee, 6083 6th St., SC, Ons
4282015
5.1.75
O'Quin Construction
Robert and Rhea Allison
North Amer. Banking Co
347408688
$100.00
GP 65771D @5600
4282015
5.1.15
Money order for Bmndon Grimes
Kevin Post
North Amer. Banking Co
347408687
$500.00
GP 651710 @$600
4282075
5.1.15
Money order for Brandon Grimes
Kevin Post
PNC Bank
1702
$200.00
GP for 218 Simmon Road, Wkn
4/29/2015
5.1.15
James W. Jones Jr. and Donna Jones
Bob Lee
SunTmst
1713
$200.00
GP 65189D
4/302015
5.1.15
David S. Sharpe, Jr. and Raymond P. Sharp
same
First Citizens Bank
1859
$200.00
GP for 315 Summer Rest Rd, Wdm
5112015
Boatzdght. Inc.
Barba a Zucker
South Stale Bank
1608
5200.00
GP 64614D
5/12015
Craig Hollingsworth antl Ashley Hollingsworth
same
Weds Fargo Bank
W175
$200.00
GP 64615D
5/t2015
Coastal Marine Piers Bulkheads LLC
V. Edward Bean
BB &T
3112
$400.00
majorfce, Lewis Dods Project, Vamamlown
5/12015
Compass Prime Engineering PA
Supply Group, Inc
BB &T
1481
5200.00
GP %602D
5142015
Daniel C. Walters Sr
same
B or A
7421
$200.00
GP 65146D
5142015
Alded Marine Contractors, LLC
Heard
Branch Banking & Trost Co.
68699
$200.00
minor fee, 15-14 & 15-1 $100ea.
4/302015
Town of Ocean Isle Beach
same OIB
Merrill Lynch 8 of A
1077
$100.00
minor fee. SC 15-10
5142015
Mary P Anderson
same
First Citizens Bank
39489
$250.00
major mod fce, 92-14 91$250
5/12015
Town of North topsail Beach
same
a
m
0
I

Recommendations for State Permit Modification — North Topsail Beach CAMA Major No. 92-14
As proposed, this project is INCONSISTENT with 15A NCAC 071-1.0308 (a)(2)(B) (E)&(K) Temporary
Erosion Control Structures. Based on this information, the Wilmington Regional Office OBJECTS to the
project as proposed and any request for a favorable permit decision should be DENIED. The basis for this
determination is referenced below, as specified in accordance with current Rules adopted and administered by
the Coastal Resources Commission. Additionally, it should be noted that the continued placement of the
temporary construction containment tube may limit if not restrict public access to and/or from the public beach.
The proposal in in conflict with:
15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS
(a)(2) Temporary Erosion Control Structures:
(B) Temporary erosion control structures as defined in Part (2)(A) of this Subparagraph shall be used to protect
only imminently threatened roads and associated right of ways, and buildings and their associated septic
systems. A structure is considered imminently threatened if its foundation, septic system, or right-of-way in the
case of roads, is less than 20 feet away from the erosion scarp. Buildings and roads located more than 20 feet
from the erosion scarp or in areas where there is no obvious erosion scarp may also be found to be imminently
threatened when site conditions, such as a flat beach profile or accelerated erosion, increase the risk of
imminent damage to the structure.
(E) Temporary erosion control structures shall not extend more than 20 feet past the sides of the structure to be
protected. The landward side of such temporary erosion control structures shall not be located more than 20 feet
seaward of the structure to be protected or the right-of-way in the case of roads. If a building or road is found to
be imminently threatened and at an increased risk of imminent damage due to site conditions such as a flat
beach profile or accelerated erosion, temporary erosion control structures may be located more than 20 feet
seaward of the structure being protected. In cases of increased risk of imminent damage, the location of the
temporary erosion control structures shall be determined by the Director of the Division of Coastal Management
or their designee in accordance with Part (2)(A) of this Subparagraph.
(K) Sandbags used to construct temporary erosion control structures shall be tan in color and three to five feet
wide and seven to 15 feet long when measured flat. Base width of the structure shall not exceed 20 feet, and the
height shall not exceed six feet.
The permittee remains in NON-COMPLIANCE with CAMA Major Development Permit No. 92-14,
specifically Condition No. 11) which states: "In accordance with commitments made by the permittee, the
authorized temporary construction containment tube used to assist in the safe construction of the authorized
temporary sand bag revetment shall be removed in its entirety either immediately upon project completion, or
by May 21, 2015, whichever is sooner."
RECEIVED
MAY 12 2015
Ci tHM•MAra gITY

Pat McCrory
Governor
May 8, 2015
MEMORANDUM
TO:
FROM:
SUBJECT:
Applicant:
NCD NR
North Carolina Department of Environment and Natural Resource
a�
Georgette Scott
Stormwater Section /
DEMLR - WiRO
Donald R. van der Vaart
Secretary
lECEIVE
MAY 0 8 2015
BY:. —
Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
CAMA / D&F Permit Application Review
Town of North Topsail Beach 92-14MM
Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onssow County
Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction
containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to
remain in place through March 31, 2016, or until the Onslow County channel maintenance
project is completed., in North Topsail Beach, Onslow Co.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 1, 2015. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in depth comments with supporting data is requested.
REPLY: his agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNE� I �C.S�Q DATE S//eI RECEIVED
N.C. Division of Coastal Management MAY 19 1015
127 Cardinal Drive Ext., Wilmington, NC 28405 t�bxr wwap 4Ha
Phone [phone] FAX: [phone] Internet: www.nccoastalmanagement,net
An Equal Opportunity 1 Affirmative Action Employer

ryVA
A'
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North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
May 8, 2015
MEMORANDUM:
TO: Dan Sams
District Manager
DEMLR - WiRO
MAY 0 B 2015
Donald R. van der Vaart
Secretary
FROM, Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Permit Application Review
Applicant: Town of North Topsail Beach 92-14MM
Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County
Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction
containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to
remain in place through March 31, 2016, or until the Onslow, County channel maintenance
project is completed., in North Topsail Beach, Onslow Co.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 1, 2015, If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
4This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED _ \ DATE �j 12 o I RECEIVED
MAY 19 2015
N.C. Division of Coastal Management f -ol- uh c`dv
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: wwwnccoastalmanacemenl net
An Equal OPpodunity Affirmative Action Employer

NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory
Governor
May 8, 2015
MEMORANDUM:
TO: r ex 18 ,r-2_ "%I i l y m_Ii�
Environmental Engineer
Public Water Supply
Donald R. van der Vaart
Secretary
Mq y 0
RR1p1$wop01'1�arsWate1P
FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Permit Application Review
Applicant: Town of North Topsail Beach 92-14MM
Project Location: 2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County
Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction
containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to
remain in place through March 31, 2016, or until the Onslow County channel maintenance
project is completed., in North Topsail Beach, Onslow Co.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 1, 2015. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in depth comments with supporting data is requested.
REPLY: -A— This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED L(,C�L �Q/yLQ v"� DATE
RECEIVED
N.C. Division of Coastal Management
127 Cardinal Drive EM., Wilmington, NC 28405 MAY 19 2015
Phone: [phone] FAX: [phone] Intemetl www nccoastalmanagemenl.nel i�P#MwM
Nk44
An Equal Opportunity 1 Affirmative Action Employer

May.20. 2015 8:25AM NC Dept of Transportation No,5932 P. 2/2
No Im0Rc7r To l/✓
RUM
North Carolina Department of Environment and Natural Resource Mpy 13 tid15
Pat McCrory
Governor
May 8, 2015
MEMORANDUM:
TO: Robert Vause
NC DOT
Onlsow County
Donald R. van der Vaart
Secretary
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11.12-09)
SUBJECT: CAMA / D&F Permit Application Review
Applicant: Town of North Topsail Beach 92-14MM
Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County
Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction
containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to
remain in place through March 31, 2016, or until the Onslow County channel maintenance
project is completed., in North Topsail Beach, Onslow Co.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 1, 2015. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
ffASIGNED -DATE S 16 )�
N.C, Division of Coastal Management
127 Cardinal Drive Ext,, Wilmington, NC 2840.5
Phone: 910-79rr72151 FAX: [phone]Intunetl www.nC0D39talM0na9Mnt.nat
M Equal Oppanmlly %AAnaM Action Employer

A
NCDENR
North Carolina Department of Environment and Natural Resource
Pat McCrory Donald R. van der Vaart
Governor Secretary
May 8, 2015
RECEIVED
MEMORANDUM:
MAY 11 2015
DOA
TO: Tim Walton STATE PROPERTY
Dept of Administration OFFICE
State Property Office
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Permit Application Review
Applicant: Town of North Topsail Beach 92-14MM
Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County
Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction
containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to
remain in place through March 31, 2016, or until the Onslow County channel maintenance
project is completed., in North Topsail Beach, Onslow Co.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 1, 2015. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in depth comments with supporting data is requested.
REPLY:
This agency has no objection to the project as proposed.
phis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE RECEIVED
JUN 01 205
. Di ion of Coastal ManagementMe•winM writ
127 Ca 'nal nve Ext., Wilmington, NC 28405
Phone: [phone] FA . 10-395-3964Internet: www.nocoastalmanaaement.net
An Equal Opportunity 1 Affirmative Action Employer

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North End
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Sheet 2 of 4. Plan view of sandbag revetment and geotube
- r 3J�01
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j, t Ripened Owner
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River Intel Rd.
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Wayne and Margaret Nielson
tart Youngs Cliff Rd.
sharing. VA 20165166
1. 2012 background imagery is from the U Geotube 0 1so e.r„
NC OneMap imagery service sandbag Revetment Feel
k Baseline Station
RECEIVED
MAY 12 2015
DG'--Mmq claw
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

Sheet 3 of 4. Typical Cross -Section — Permitted Sand bag revetment
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Sheet 4 of 4. Typical Profiles
—OhlI I.NF: „iTII;c MU1(AL WU IM 101'y.i
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RECEIVED
MAY 1 2 1015
I. — ''_E656c SECT
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DIST. (FEET)
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

No
Tvbe
Tube -w•9 = _ ,+
60C ft. Oslo
(y Bude
Burled
Tube /
^400 k.
wliftwm"�'
am.
Figure 1. Aerial photo of the sand bag revetment project area taken February 20, 2015 showing the condition
of the tube. (Photo Courtesy of Mike Capuano)
RECEIVED
MAY 1 2 1015
W1kvl -kmll "".'
RECEIVED
DCM WILMINGTON, NC
My 0 12015

Figure 2. March 6, 2015 photo of sandbag revetment and sand tube at north end of revetment.
H
.. ,o-i I2�r;✓J
RECEIVED
7
Figure 3. March 6, 2015 photo of sandbag revetment and sand tube at north end of revetment. MAY 1 2 2015
.a.-mmw UH'L
� :.oVED
ACM WILMINGTON, NC
MAY 0 12015

A� {� IL ,1A6 a
Figure 4. March 6, 2015 photo of sandbag revetment and partially buried sand tube.
ACEVEC
MAY 1 2 2015
py?w_+Yi-�w ivitt
Figure 5. March 6, 2015 photo of sandbag revetment and partially buried sand tube near middle of sandbag
revetment.
RECEIVED
DCM WILMINGTON, NC
IAAY 0 12015

Figure 6. March 6, 2015 photo showing buried sand tube along south end of sandbag revetment.
2.1.2 6h and c. Location Map and Work Plats
See Appendix A.
2.1.3 6d. A copy of the deed (with state application only) or other instrument under
which the applicant claims title to the affected properties.
See Appendix B.
2.1.4 6f. Adjacent Riparian Landowner Notifications
See Appendix C.
2.1.5 6h. Signed Agent Authorization Form.
See Appendix B.
2.1.6 6j. Signed AEC Hazard Notice.
See Appendix B.
RECEIVED
MAY 12 2015
r!.ouu-uuna blfY
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

A��mr
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory,
Governor
May 7, 2015
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for Town of North Topsail Beach 92-14MM
Donald R. van der Vaart
Secretary
RECEIVED
MAY 12 2015
IyMNM'NMC?,I µllY.
Kyle & Heather: Please publish the attached Notice in the Monday, May 11, 2015 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card
(number on file with Elsa Lawrence, Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shaun K. Simpson
Permitting Support & Customer sistance
Division of Coastal Management
cc: WiRO
Jonathan Howell - MHC DCM
Tyler Crumbley - USACE
Michele Walker- DCM
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX: [phone] Internet: www,nccoastalmanagement.net
An Equal Opportunity 1 Affirmalive Ado Employer

NOTICE OF FILING OF RECEIVED
APPLICATION FOR CAMA MAJOR MAY 12 1015
DEVELOPMENT PERMIT
afaw-iwnu kiH
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that the following application was submitted for a development permit in an Area of
Environmental Concern as designated under the CAMA. On May 1, 2015 the Town of North Topsail Beach
proposed to modem State Permit No. 92-14 to extend the time granted for the existing temporary
construction containment tubes (2284 - 2382 New River Inlet Rd, adjacent to the Atlantic Ocean), to
remain in place through March 31, 2016, or until the Onslow County channel maintenance project is
completed A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of
Environment & Natural Resources, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC
28405, (910-796-7221) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to June 1, 2015 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice
of the permit decision in these matters will be provided upon written request.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Town of North Topsail Beach —Major Permit Modification, No. 92-14
2. LOCATION OF PROJECT SITE: The project site is located along the oceanfront beach from 2284 to 2382
New River Inlet Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County.
Photo Index — 2006: 28-(6497): Oceanfront & Inlet
2000: 28-(391): Oceanfront & Inlet RECEIVED
1995. 28-(379): Oceanfront & Inlet MAY 12 1015
State Plane Coordinates — GPS File: P1118l lB X: 2449610 Y: 256997
Lat.: 34°31'29.15"N Long: 77120'47.98"W `s"'"
INVESTIGATION TYPE: CAMA / D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Multiple visits between Jan. 2013 and April 2015
Was Applicant Present — Yes
PROCEDURE: Application Received — Complete 5/1/15 (with exceptions)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Town of North Topsail Beach
Classification From LUP — No Classification / Developed
(B) AEC(s) Involved: OH, III
(C) Water Dependent: Yes
(D) Intended Use: Government
(E) Wastewater Treatment: Existing — Municipal Sewer
Planned - N/A
(F) Type of Structures: Existing — Commercial and Residential structures and access -ways
Planned — Sand bag revetment
(G) Estimated Annual Rate of Erosion: 2'/year Source — LTAASCR 2011 Update
7. HABITAT DESCRIPTION: [AREA]
1•]:4ILZelg• • • ,
(A) Vegetated Wetlands (coastal)
N/A
N/A
N/A
(B) Non -Vegetated Wetlands - open
N/A
—16,200 sq. ft. (existing
N/A
water
temporary containment
tube — i.e. "Geotube"
(C) Other(Highground)
N/A
N/A
N/A
*N/A — Not applicable
(D) Total Area Disturbed: 0.37 acres (16,200 sq. ft.) +
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: NO
8. PROJECT SUMMARY: The applicant is requesting authorization which would allow the existing temporary
containment tube (Geotube) to remain in place for an extended period of time.

North Topsail Beach — CAMA Major Permit Modification, No. 92-14 RECEIVED
Page Two
MAY 12 1015
9. PROJECT DESCRIPTION:
The permittee is requesting approval; through this CAMA major permit modification, to allow for the
continued operation, function and/or placement of the existing temporary containment tube ("Geotube"),
between 2284 and 2382 New River Inlet Road, North Topsail Beach. The information presented in this
application package specifically addresses the continued use of the temporary containment tube, with no
other relevance to any other sand bag, or temporary erosion control features. The relative information of
the new project is described below.
The project site is located in North Topsail Beach, specifically between 2284 and 2382 New River Inlet Road,
adjacent to the Atlantic Ocean, in Onslow County. To get to the site from Wilmington take US HWY 17 N to
NC Hwy 210, which is located at the Lowe's Home Improvement on US HWY 17. Turn right onto NC Hwy
210 and continue across the Surf City Swing Bridge. Take a left at the first street N. New River Drive (NC Hwy
210). Continue on NC Hwy 210 until you reach the New River Inlet Road (approximately 8.15 miles). Turn
right onto New River Inlet Road and continue to the far end. Turn left at the stop sign and the project area will
be located on the right hand side of the road, just north of the 2282 New River Inlet Road. The project area
spans from the northern side of 2284 New River Inlet Road, north to the property identified by the Onslow
County Tax office as 2382 New River Inlet Road. The current elevation of the project area ranges from
approximately 6' NAVD to approximately 8' NAVD. The project site is adjacent to residential properties. The
project site is bordered by New River Inlet to the north, the Atlantic Ocean to the East and residential properties
to the south and west. The high ground portion of the property is primarily un-vegetated with the exception of
lawn grasses and ornamental landscaping around the existing homes.
The Annual erosion rate in the project area is 2'/year per the Division of Coastal Management's 2011 Annual
Erosion Rate maps. Previous field investigation reports have demonstrated this particular area of North Topsail
Beach experiences "accelerated erosion" and the shoreline is progressively receding.
PROJECT DESCRIPTION:
The Town of North Topsail Beach currently has several CAMA Major Development Permits that are active,
including CAMA Major Permit No. 79-10 (Shoreline Stabilization), No. 191-05 (Beach Bulldozing) and No.
92-14 (Sand bag revetment). CAMA Major Permit No. 92-14, which was amended by CRC variance on
November 26, 2014, authorized the installation of approximately 1,500 linear feet of sand bags (sand bag
revement) and approximately 1,200 linear feet of temporary construction containment tube (i.e. Geotube) along
the ocean front area of North Topsail Beach, between 2276 and 2382 New River Inlet Road. Prior to installation
of the sand bag revetment structures, the Town's contractor installed the temporary construction containment
tube, which was to be used as a safety feature while installing the sand bag revetment. Once the temporary
construction containment tube was installed, the contractor(s) began installing the revetment along the project
shoreline (starting from the northern terminus working south). Following completion of the sand bag revetment,
the Town (through its consultant — Coastal Planning and Engineering) began to seek authorization which would
allow the temporary containment tube to remain in place, as noted in the sequence of events detailed below.
On February 24, 2015, Division of Coastal Management (DCM) staff received a written notice from Coastal
Planning and Engineering, indicating the sand bag revetment was complete.
On February 27, 2015, DCM sent a certified letter to the Town of north Topsail Beach requesting a
"Compliance Action Plan" for removal of the temporary erosion control tubes (i.e. temporary construction
containment tube).

RECEIVED
North Topsail Beach — CAMA Major Permit Modification, No. 92-14 MAY 1 2 2015
Page Three
The letter detailed the commitments made by the permittee (Town of North Topsail Beach), as referenced in
Condition No. 11) of CAMA Major Permit No. 92-14. Specifically, Condition No. 11) of CAMA Major Permit
No. 92-14 stated "In accordance with commitments made by the permittee, the authorized temporary
construction containment tube used to assist in the safe construction of the authorized temporary sand bag
revetment shall be removed in its entirety either immediately upon project completion, or by May 21, 2015,
whichever is sooner. "
On March 20, 2015, Coastal Planning and Engineering staff member Tom Jarrett, P.E., submitted a written
response to DCM's "Compliance Action Plan" indicating that "conditions along the shoreline fronting the sand
bag revetment appear to be improving as much of the sand tube (t. e. Geotube or temporary containment tube) is
now covered by sand", but "conditions along the extreme north end of the sand bag revetment have not
improved dramatically". In addition, the permittee's consultant described the inlet hazard area as being
"dynamic" in nature and the uncertainty of future shoreline responses in the area should be taken into
consideration for allowing the temporary containment tube in place until the completion of Onslow County's
channel maintenance project. At this time, it should be noted that DCM has not received a CAMA Major
development permit request from Onslow County requesting authorization to dredge New River Inlet, so the
uncertainty of when this project will happen is unknown. Data collected during multiple site visits (by DCM
staff) following completion of the sand bag revetment project show that nearly two-thirds of the temporary
construction containment tube was exposed at some point along its alignment.
On March 26, 2015, DCM staff issued a Notice of Violation (NOV) to the permittee for violation of CAMA
Major Permit No. 92-14 (CAMA Violation #15-05D) for failure to comply or meets the requirements of
Conditions No. 11 and No. 13 of CAMA Major Permit No. 92-14. Restoration and/or fulfillment of the NOV
required that the permittee "remove the temporary construction containment tubes and all portions of the scour
apron and chock tubes". The Town (permittee) was provided a ten (10) day time period (from the receipt date
of the NOV) to provide a response to the NOV, by way of remediation through one of the restoration
agreements.
On May 4, 2015, DCM staff received a signed copy of the "Revised Restoration Plan for North Topsail Beach
Property" dated April 24, 2015, from Stuart Turille (Town Manager, North Topsail Beach) indicating the Town
would submit a CAMA Major Permit Modification application to DCM within ten (10) days from receipt of the
NOV. The actions sought through the permit modification request would include the allowance of the
temporary construction containment tubes, chock tubes and scour aprons until the completion of the planned
Onslow County shallow draft navigation project or March 31, 2016, whichever is sooner. Additionally, the
agreed upon restoration plan stated "Following the anticipated denial of the modification request, and no later
than June 3, 2015, the Town will submit a variance petition package that satisfies the requirements of the
Coastal Resources Commission (CRC). The Town and DCM will work diligently to agree on a set of stipulated
facts no later than June 17, 2015. The Town will seek a variance from the CRC at its July 15-16, 2015 meeting.
If such a variance request is denied by the CRC, or the variance request submitted by the Town is not heard at
the July 15-16, 2015 CRC meetin, the aforementioned structures shall be removed by July 31, 2015."
Information provided by the applicant's agent (Coastal Planning and Engineering, a.k.a. CP&E) indicates the
Town would like to seek approval to keep the sand filled construction containment tube, which was constructed
as part of the Phase I Emergency Sand Bag Revetment Project for the purpose of providing additional
protection to the area being inundated by tides and wave action. The Town suggests the existing containment
tube is partly to mostly covered by sand along the alignment; however, the height of the containment tube has
varied over time, in relation to elevation of the beach, which has varied by winds, tides and waves. As
previously mentioned, the Town is seeking relief from the conditions stated in CAMA Permit No. 92-14, until

North Topsail Beach CAMA Major Permit Modification, No. 92-14
Page Four
such time that either the construction containment tubes have been completely covered with sand, or until the
County completes their channel beach nourishment project.
10. ANTICIPATED IMPACTS
The applicant's proposal to keep the temporary construction containment tube in place would result in the
continued filling of approximately 16, 200 sq. ft. of public trust area. Additionally, approximately 16, 200 sq. ft.
of publicly accessible beach would be restricted by its continued placement.
Submitted by: Jason Dail Date: May 7, 2015 Office: Wilmington
RECEIVED
MAY 12 2015
r!7' N-0a �144.

RECEIVED
Z ATTACHMENTS MAY 12 2015
E/k?IW'WIHhI bl1o.
2.1 DCM MP-1. ADDITIONAL INFORMATION
2.1.1 6a. Project Narrative.
The Town of North Topsail Beach completed Phase 1 of its multifaceted inlet and shoreline
management plan in February 2013 with the repositioning of the New River Inlet ocean bar
channel to a more central location between the south end of Onslow Beach and the north end of
North Topsail Beach. The material removed during repositioning of the channel was used to
construct a beach fill along 7,730 feet of shoreline south of New River Inlet.
As stated in a prior permit application, the beach fill along the north end of North Topsail Beach
experienced rapid rates of volume loss resulting in the eventual loss of all of the fill material
north of the Topsail Reef by August 2014. In response to the emergency situation created by the
rapid deterioration of the fill, the Town of North Topsail Beach applied for a permit to construct
a sandbag revetment along approximately 1500 feet of shoreline north of Topsail Reef (See
Appendix A). While this initial request was denied due to the size of the proposed sandbag
revetment, the Town of North Topsail Beach was ultimately issued a CAMA Major Permit
(Permit #92-14) dated November 26, 2014 through the variance process.
In addition to the enlarged size of the sandbag revetment, the permit allowed the Town to use a
temporary sand filled containment tube to provide protection to the area during installation of the
sandbag revetment. The conditions of the permit required the temporary containment tube to be
removed immediately upon completion of the sandbag revetment, or by May 21, 2015,
whichever occurred sooner. A typical cross-section of the sandbag revetment and temporary
containment tube is provided in Appendix A.
The sandbag revetment was essentially completed on February 25, 2015. An aerial photograph
taken of the project site on February 20, 2015 via a drone is shown in Figure 1 below.
As can be seen in the aerial photo, the northern end of the sand tube was exposed while most of
the tube along the south end of the sandbag revetment was buried. The exposed portion of the
sand tube on the north end of the revetment was continuing to provide substantial scour
protection for the sandbag revetment. However, due to the volatility of the shoreline in the area,
portions of the sand tube are alternately buried and covered. A series of ground photos of the
completed sandbag revetment taken March 6, 2015, show some exposed and buried sand tubes
are provided on Figure 2 to 6. The figures are arranged in a north to south order.
Along those portions of the revetment where the tube is still exposed, the tube is clearly
providing scour protection to the sand bag revetment. The removal of the partially buried and
exposed sand tube will likely result in rapid scour along the toe of the sand bag revetment
located in these areas that will in turn lead to the failure of the sand bag revetment.
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

RECEIVED
MAY 12 1015
Onslow County, in cooperation with the Town of North Topsail Beach, is 4fi"the process of
seeking non-federal permits that will allow the County to maintain authorized federal navigation
channels in the vicinity of North Topsail Beach including the channel through Cedar Bush Cut,
the southern portion of New River, and sections of the AIWW where these channel meet. In
accordance with the permit request, the material that would be removed to maintain the channels
would be deposited along portions of the north end of North Topsail Beach including the area
immediately fronting the sand bag revetment. Onslow County anticipates having the permits in
time to perform the maintenance dredging during the upcoming environmental dredging window
that runs from November 16, 2015 to March 31, 2016.
Given the dynamic nature of the area just south of New River Inlet and the uncertainty of future
shoreline responses in this area, the Town of North Topsail Beach again request consideration of
modifying the sand bag permit to allow the sand tubes to remain in place until the completion of
Onslow County's channel maintenance/beach disposal activities. The Town expects the addition
of the navigation maintenance material will provide the level of protection needed to sustain the
area until such time the ocean bar channel of New River Inlet can be restored to a preferred
position and alignment as allowed under DOA SAW 2005-00344 dated May 16, 2001 and
CAMA Major Permit#78-10.
As previously stated, the commitments by the Town of North Topsail Beach to remove the sand
tubes in accordance with the permit conditions were made in good faith and based on the belief
the sand bag revetment alone would be able to provide the degree of protection needed to
preserve the area until the inlet channel relocation project begins to produce measurable positive
impacts on the area. In spite of the renewed request for a permit modification to extend the time
allowed for the temporary sand tube, the Town of North Topsail Beach remains committed to
remove the sand tubes once the channel maintenance activities are completed and the area
exhibits signs of continued recovery/stabilization.
There have been some recent positive shoreline responses in the area fronting the sand bag
revetment as evidence by the burial of a large portion of the temporary sand tube structure. The
Town believes that these positive changes combined with the placement of navigation
maintenance material in front of the sand bag revetment will be sufficient to protect the area.
However, the sand tube along the north end of the sand bag revetment continues to provide vital
scour protection and its removal prior to the placement of the navigation maintenance material
could result in dramatic failure of a portion of the sand bag revetment. Also, given the dynamic
behavior of the shoreline in the area as the inlet adjusts to a post -realignment equilibrium, the
recent positive trends could reverse exposing the southern portion of the sand bag revetment to
possible scour damage if the tubes are removed prematurely. In this regard, during a visit to the
site on April 7, 2015, the shoreline response in the area fronting the bags appeared to have
changed with more of the bags being exposed along the south end of the sandbag revetment.
Given the continued dynamic changes in the shoreline fronting the sandbag revetment and the
potential for failure of the revetment due to scour along the seaward toe of the structure, the
Town of North Topsail Beach requests a modification of the existing CAMA permit #92-14 to
extend the time the sand tubes can remain in place until at least March 31, 2016 or upon
completion of the Onslow County channel maintenance activities.
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

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Recorded: DO 08%20 2'etT11-27 0 AM
Fee Amt: $28.o0 Paee t of 2
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RebeccaOL. OunPo�lerd Req. of Deeds RECEIVED
Bx3793 Pe316-317 MAY 12 2015
env
BEACH NOURISHMENT EASEMENT AGREEMENT
For Onslow County Parcel ID #04440S
STATE OF NORTH CAROLINA
COUNTY OF ONSLOW
GRANTOR: VANN GEORGE C & DIANN L
GRANTEE: TOWN OF NORTH TOPSAIL BEACH
TERM: THIRTY (30) YEARS
EXCISE TAX: $ 0.00
In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is
acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach,
North Carolina, a municipal corporation ("Town") and on behalf of its representatives, agents, employees, officials,
engineers, consultants, surveyors, contractors, subcontractors, permittees, invitees and assignees (collectively "Grantee")
does now grant and convey unto the Grantee, this Easement until December 31, 2042 to go upon the Property to conduct
Activities in the Easement Area (as those Italicized terms are defined below), subject to the following conditions:
1. Property Subject to Easement: That ocean front property identified as the address of 2386 NEW RIVER
INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #778D-54, and described in
[check applicable box]:
® Deed Book 1881 and Page 838 of the Onslow County Registry recorded 12-AUG-02 as NR BEACH CB Sl L4 of and
as shown on Map Book and Page 22-205 of the Onslow County Registry.
❑ See Exhibit A attached.
2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (1) Is
seaward of the first line of stable vegetation, or (ii) is seaward of the toe of the frontal sand dune adjacent to the beach, or
(III) is seaward of the crest of the erosion escarpment, whichever feature is most landward.
3. Activities. "Activities" are those tasks required of the Town under its Shoreline Protection Project, which tasks
include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining,
repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm
damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area
contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies,
erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline
Protection Project over, at, on, under and above the Easement Area. Activities do not include moving or damaging
permitted permanent improvements within the Easement Area.
4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed
by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of
the dune in shape, dimension or function.
5. Other Conditions: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from
Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes
no representations on sand volume, if any, to be placed on or
DCM WILMINGTON, NC
MAY 0 12015

in front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will
provide the Property; (d) Grantor acknowledges (i) any raised lands created seaward of a pre -project
mean high water mark is the property of the State of North Carolina subject to the public trust; (if) the
fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location
of either the most seaward boundary of the Property or the most landward extent of the public trust
beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on
December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (i)
Grantor's title to the Property is free and discharged from all right, title, claim or Interest of the Grantor
or anyone claiming by, through or under Grantor; (if) Grantor will hold harmless, indemnify and defend
Grantee from such claims; and (iii) all signatories executing this instrument on behalf of Grantor have
authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this
easement to the federal, state, or county governments, or any agencies or department thereof or any
governmental authority formed to implement beach nourishment, renourishment and / or stabilization
related to the Shoreline Protection Project,
IN WITNESS WHEREOF this instrument is executed by the Grantor under seal, and if an entity, Grantor
has caused this instrument to be signed in the entity name by its duly authorized agent and its seal to be
hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the
_Nay Pf G_ 2012.
Signature: / - ,/" Signature:
Print Nam�e�I1RC C-y ANN Print Name:
Signature: g)1omn 4 C -` `�n� Signature:
Print Name: ��\an �� V CAnn Print Name:
STATE OF Mfit✓L!-fn//)
COUNTY OF ainle S
1, % E.�ESo-2 /-7 cnky
a Notary Public of the County and State aforesaid,
certify that B%flAN ,CVAme V,i /V/y
and 6E044e C V,9,VAL
personally appeared before me this day and
acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal, this
day of P1,q1.2CA9 2012.
Notary Public 1 a
My commission expires: d5 T: Yr.
'
STATE OF _
COUNTY OF
a Notary Public of the County and State aforesaid,
certify that
and
personally appeared before me this day and
acknowledged the execution of the foregoing
instrument.
Witness my hand and official stamp or seal, this
day of
2012.
MAY 1 0 9015
Notary Public L , „w,lv� s
My commission expires:
RECEIVED
DCM WILMINGTON, NC
MAY 0i2015

AEC HAZARD NOTICE
Project Is In An: X Ocean Erodible Area X High Hazard Flood Area %< Inlet Hazard Area
Property Owner:
Property Address:
Date Lot Was Platted:
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The odes of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and acknowledge
that notice in writing before a permit for development can be
issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Cnmmission does notguarantoc the safety of
the development and assumes no liability for fiumrc damage to
the development. Permits issued in the Ocean hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled ifthey become imminently threatened by
changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
inuninently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average ocean erosion rate for the area where your properly is
located is IV t t/.7 feet per year.
77te rate was established by careful analysis of aerial photographs
of the coastline taken over the past 50 years.
Studies also indicate that the shoreline could move as much as
3 - ' feet landward in a major storm.
The flood waters in a major storm are predicted to he about
/1, feet deep in this area.
Preferred oceanfront protection measures arc beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and requirements
by signing this notice in the space below. Without the proper
signature, the application wil I not be complete.
C0ti_' 31�cC ---.. L ci zQ [ z0 L5
Applicant Signet Date
pj' s- .'(-tom M2a � n!-[own C (s /�-__
SPECIAL NOTE: This hazard notice is required for development
in areas subject to sudden and massive storms and erosion. Permits
issued for development in this area expire on December 31 of the
third year following the year in which the permit was issued.
Shortly before work begins on the project site, the Local Permit
Officer must be contacted to determine the vegetation line and
setback distance at your site. if the property has seen little change
since the time of permit issuance, and the proposed development
can still meet the setback requirement, the I TO will inform you
that you may begin work. Substantial progress on the project
must be made within 60 days of this setback determination, or
the setback must be remeasured. Also, the occurrence of major
shoreline change as the result of a storm within die 60-day period
will necessitate remeasuremenl of the setback. It is important
that you check with the LPO before the permit expires for official
approval to continue the work after the permit has expired.
Generally, if foundation pilings have been placed and substantial
progress is continuing, permit renewal can be authorized. It is
unlawful to continue work after permit expiration.
For more intbrmation, contact:
Local Permit Officer
Address
Locality
9io �i6 7Z2-
Phone Number
RECEIVED
MAY 12 1015
RECEIVED
DCM WILMINGTON, NC
MAY 0i2015
Revised Z007

N.C. DIVISION OF COASTAL MANAGEMENT
AGENT AUTHORIZATION FORM
Date `"I I Z512,41 S
Name of Proopeert/y/ Owner Applying for Permit:
//I•A/n G� /✓O/fh �dnint � LJP. �C%^
Mailing Address:
n 0? h� `l9f'.(�Cfi� d C-4.
//0.41. L&:VA , /NC. z 8 Y6o
C A, I01annr%n71nt/Cr
I certify that I have authorized (agent) &-r IVOA 60,. U n^ •/-1n L-. • to act on my
v
behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to
install or construct (activity) Nr14 lalg ad nJ, Ge,44e
at (my property located at) /11.r4heA,1 ern d af A&4, 7es"l
v�. tom• �-rrc.,1 S�Z'/��.�,
This certification is valid thru (date) Z' 3 1 201 S
C �^— "��� NI ZY/ Zo ►s
Property Owner Signature Date
RECEIVED
Assf.'1'o,tirt I✓te-���TO,,,,r. Cl¢,✓�,
MAY 12 2015
uwwrunnwi+ 4-1
RECEIVED
DCM WILMINGTON, NC
MAY 0 12015

Coastal Planning & Engineering of North Carolina, Inc.
4038 MASONBORO LOOP ROAD RECEIVED
WILMINGTON, NC 28409
Tel: [phone] MAY 12 2015
uu,vrwnu uu�•
May 1, 2015
Re: REVISED RESTORATION PLAN FOR THE TOWN OF NORTH TOPSAIL
BEACH. REQUEST FOR MODIFICATION TO PERMIT #92-14.
Adjacent Riparian Property Owner Notification
Dear Sir or Madam:
On behalf of the Town of North Topsail Beach (TOWN), Coastal Planning &
Engineering of North Carolina (CPE-NC), Inc. is submitting a Coastal Area
Management Act (CAMA) Major Permit Modification application to the North
Carolina Division of Coastal Management (NC DCM) for work occurring within an
Area of Environmental Concern.
As more completely described in the attached application, the TOWN intends to
submit a CAMA Major Modification application to allow the temporary
construction containment tubes, chock tubes and scour aprons to remain until the
completion of the planned Onslow County shallow -draft navigation project or
March 31, 2016 whichever is sooner.
Attached to this notice, please find a copy of the application as submitted to the
NC DCM office. Within 30 days from receipt of this notice you may submit
comments regarding the referenced project to the following address:
Attn: Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Sincerely,
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
RECEIVED
Greg Finch, Agent, CPE-NC DCM WILMINGTON, NC
YAY 0 12015

South End Adjacent Riparian Owners
• 2284-B New River Inlet Road
George Neal III
3203 Henderson Rd.
Greensboro, NC 27410-6032
• 2284-A New River Inlet Road
Wayne and Margaret Nielson
19471 Youngs Cliff Rd.
Sterling, VA 20165
North End Adjacent Riparian Owners
• 2386 New River Inlet Rd.
George and Dianne Vann
12926 Couples Pl.
Waldorf, MD 20601
RECEIVED
MAY 12 1015
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 7, 2015
Town of North Topsail Beach
Attn: Stuart Turille, Town Manager
2008 Loggerhead Ct.
North Topsail Beach, NC 28460
Dear Mr. Turille:
Donald R. van der Vaart
Secretary
RECEIVED
MAY 12 2015
ry,.+� rnoi Gli�'
The Division of Coastal Management hereby acknowledges receipt of your application for a LAMA Major Development Permit
Modification (CAMA Major Permit No 92-14), as submitted on your behalf by Coastal Planning and Engineering. According to the
information we have received, you are requesting State approval for development activities between 2284 and 2382 New River Inlet
Road, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. With exception of the signed certified return mail
receipts, the application was received as complete on May 1, 2015, and appears to be adequate for processing at this time. The
projected deadline for making a decision is July 16, 2015. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should
consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review.
However, an additional letter will be provided on or about the 75m day.
If this agency does not render a permit decision within 70 days from May 1, 2015, you may request a meeting with the Director of the
Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five
working days from the receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will
find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the
notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way
where a private road would lead one into your property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal
agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
cerely�
J ail
d Representative
Enclosure
cc: Jonathan Howell, DCM
Mickey Sugg and Tyler Crumbley, COE
Maria Dunn, NCWRC
Joanne Steenhuis, NCDWR
Coastal Planning and Engineering, Attn: Ken Wilson, 4038 Masonboro Loop Road, Wilmington, NC 28409
127 Cardinal Drive EA, Wilmington, NC 28405
Phone: [phone]\ FAX:[phone] Internet: www.ncoDastalmanagement.net

\TO1'1'IC1:
AMA PERMIT
APPLIED FOR
..� �•• .� • ••• • •1• 1' ll' • -• •
ift
VJLWJJJLW1WJ A 1810 11 A 112 Awl HEM 4 .:
through March -21, 9016� or. un -tit the On slow C ounty channial
maintenance project is completed., in North Topsail Beach, Onslow Co.
COMMENTS
APPLICANT:
For: Town of NTB 92-14MM
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC NC Div. of Coastal Managemen# a
127 Cardinal Drove Ext. 0
ec
Wilmington, NC 28405 `
,r
Jason Dail, Field Representative
910-796-7221

May 1, 2015
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
LEA
5�
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0"str
fAo1,S�iv'y
aECEVEo
MAY 12 2015
RE: Revised Restoration Plan for Town of North Topsail Beach Regarding CAMA Violation No.15-05D-
Property located between 2276 & 2392 New River Inlet Road, Onslow County — Request for Modification to
Permit #92.14.
Dear Ms. Wilson,
The Town of North Topsail Beach (TOWN) acknowledges the receipt of your April 24, 2015 notice directing the
TOWN to submit a CAMA Major Modification application to allow the temporary construction containment tubes,
chock tubes and scour aprons to remain until the completion of the planned Onslow County shallow -draft
navigation project or March 31, 2016; whichever is sooner. The sand tube was permitted through the CRC variance
process on November 26, 2014 (CAMA Major Permit 92-14).
The condition of the permit for which the TOWN is seeking a modification is the extension of time in which the
temporary construction containment tube can remain prior to its removal. As stipulated in Permit #92-14, the
containment tube was to be removed upon completion of the sandbag revetment or by May 21, 2015; whichever is
sooner. As we explained in out letter dated March 20, 2015, while we have seen some positive shoreline changes
along the north end of North Topsail Beach, the behavior of the shoreline remains volatile. This volatility continues
to threaten the possible undermining of portions of the sandbag revetment. The potential for undermining is
currently being held in check by the presence of the sand tubes.
A complete application package is attached and includes a detailed project narrative along with an aerial photo of the
project site taken near the time of completion of the sandbag revetment. Other information being submitted with this
request includes forms MP-1, MP-4, an AEC Hazard Notice, list of adjacent riparian owners notified, easements
showing ownership, and the required fee. Please note that we will supplement or amend any of these items as needed.
Please contact me at 910.791.9494 (office) or 910.443.4471 (cell) should you have any questions or need additional
information.
Very truly yours,
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
Ken Willson RE CE jvR D
Project Manager
MAY 0 12015
RECEIVED
CCM WILMINGTON, NC

Cc:
Tom Jarrett (CPE-NC)
Stuart Turille (North Topsail Beach)
Braxton Davis (Div. of Coastal Management)
Doug Huggett (Div. of Coastal Management)
Jonathan Howell (Div. of Coastal Management)
Jason Dail (Div. of Coastal Management)
Brian Edes (rown Attorney)
RECEIVED
MAY 1 2 2015
RECEIVED
DCM WILMINGTON, NC
MAY 0 12915

AMA
dCDENR �r 5.5 rw P
North Carolina Department of Environment and N
Pat McCrory
Governor
May 8, 2015 RECEIVED
MEMORANDUM: MAY 13 2H
TO: Shane Staples DCM-Flsherles
Fisheries Resource Specialist wARO
DCM - WaRO
FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator -
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Permit Application Review
Applicant: Town of North Topsail Beach 92-14MM
der Vaart
Secretary
Project Location: 2284 — 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, In NTB, Onlsow County
Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction
containment tubes (2284 - 2382 New River Inlet Rd., adjacent to the Atlantic Ocean), to
remain in place through March 31, 2016, or until the Onslow County channel maintenance
project is completed., in North Topsail Beach, Onslow Co.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 1, 2015. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
K This agency objects to the project for reasons described in the attached comments.
04
SIGNED ,�%%w�/'G9 DATE S� 9X S
N.C. Division of Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] FAX [phone]Internet: www.nccoastalmanaaement.net
An Equal Opportunity 1 Alnrmalire Action Employer

North Carolina
Pat McCrory
Governor
�ICDENR
Department of Environment. and Natural Resources
MEMORANDUM:
TO: Jonathan Howell, DCM Assistant Major Permit Coordinator
FROM: Shane Staples, DCM Fisheries Resource Specialist
SUBJECT: Town of Topsail Beach 92-14MM
DATE: 5/29/15
Donald R. van der Vaart
Secretary
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
subject permit application for proposed actions that impact fish and fish habitats. The Town of North
Topsail Beach is requesting authorization to allow for an existing temporary containment tube
(Geotube) to remain in place until March 31, 2016 or until completion of the Onslow County channel
maintenance.
The structures in question interfere with normal intertidal habitat functions and processes. The
intertidal beach zone supports benthic organisms such a coquina clams and mole crabs as well as
foraging, nursery, and refuge areas for variousjuvenile fishes which support predatory species that feed
in the area such as red drum and flounder. Oceanfront shoreline armoring is documented to degrade
beach surf zones by changing erosion patterns and rates as well as effecting. sediment grain,size. This
can result in a narrower surf zone, increased turbidity, and reduced abundance and diversity of benthic
macroinvertebrates.
A large shoreline hardening structure, such as the Geotubes in question, remaining in place for an
extended period of time is likely to have significant adverse impacts to habitats critical to fish, shellfish,
and other'organisms that Inhabit or simply frequent the intertidal zone. These impacts include
continued loss of habitat that is currently filled by the bags and degradation to the surrounding habitat
caused by the Geotubes' interference with normal beach shoreline processes. Additionally, pictures
taken by a NCWRC representative during a site visit on May 15, 2015 show the structures largely
uncovered; removing these structure before they can become entrench in the beach would reduce
impacts habitat in the area possible.during removal operations.
Contact Shane Staples at [phone] or shane.staolesPncdenr.gov with further questions or
concerns.
1601 Mail Service Center„Raleigh, Noah Carolina 27699-1601
Phone: [phone]Internet www.ncdenr.gov
An Equal Cpporlunity I AlBrmalve Action Employer — Made in part by recycled paper

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
REny TO ''1
ATPRMONOR Judy 8, 2015
Regulatory Division
Action ID No. SAW-2014-01700
Mr. Stuart Turille
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, North Carolina 28460
Dear Mr. Turille:
Please reference the December 2, 2014 verification and March 24, 2015 modification of the
Regional General Permit 291, issued to the Town Of North Topsail Beach for activities .
associated with the construction of a 1,500 linear foot sandbag revetment which authorized the
discharge of fill material into 1.54 acres of waters of the U.S. adjacent to the Atlantic Ocean and
located from 2276 to 2382 New River Inlet Drive, in the Town of North Topsail Beach, in
Onslow County, North Carolina. Additional impacts authorized were associated with the
construction of a temporary containment tube and scour apron waterward of the sandbag
revetment.
In accordance with your application and project plans dated October 3, 2014 and the CAMA
permit # 92-14 special condition # 11, made part of the Department of Army Permit, which
specifically required the temporary- containment tubes to be removed in their entirety upon
completion of the construction of the sandbag revetment, or by May 21, 2015 whichever was
sooner, this project is considered to be in non-compliance. On May 11, 2015 this office received
a copy of your application to the North Carolina Division of Coastal Management (NC DCM)
requesting a time extension for the temporary containment tubes to remain in place through
March 31, 2016, or until the Onslow County channel maintenance project is completed in North
Topsail Beach. This request was denied by the NC DCM on June 2, 2015 and subsequently, in
accordance with 33 CFR Part 32p.4 0), our office also denied your request without prejudice on
June 10, 2015.
Overall, the Corps' position is to bring your project into compliance. To accomplish this, the
Corps requests that you remove the temporary containment tubes immediately upon the end of
the turtle nesting and hatching season, which occurs between May 1 and November 15. In
consideration thereof, we ask that you please advise this office of your intentions and plans to
comply with the terns outlined in this letter within 30 days of receipt of this letter.
RECEIVED
JUL 13 20t

-2-
Thank you for your time and cooperation. We look forward to resolving this matter. Should
you have questions, please contact Ms. Liz Hair at [phone], or Mr. Dale Beter at (910)
251-4631.
Sincerely,
Kevin P. Landers
/ Colonel, U. S. Army
District Commander
Copies Furnished:
Mr. Kenneth Wilson
Coastal Planning & Engineering of NC, Inc.
4038 Masonboro Loop Road
Wilmington, North Carolina 28409
Thomas G. Walker, U. S. Attorney
Eastern District of North Carolina
310 New Bern Avenue
Suite 800, Federal Building
Raleigh, North Carolina 27611
Mr. Braxton Davis
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557
Mr. Doug Hugget
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557

-3-
Ms. Joanne Steenhuis
North Carolina Department of
Environment and Natural Resources
Division of Water Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Mr. Jason Dail
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
RECEIVED
JUL 13 2015

COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 910-791-9494 PHONE [phone]l 9 FAX
March 5, 2015
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
A t
0
RE: Compliance Action Plan — Regarding "Geombc" located between 2276 & 2392 New River Inlet Road.
Dear Ms. Wilson,
This letter is in response to your request for an action plan regarding the removal of the "Geotube" located
between 2276 and 2392 New River Inlet Road, dated February 27, 2015. As you are aware, the permit issued by the
North Carolina Division of Coastal Management INC DCM) on November 26, 2014, permitted the applicant, the
Town of North Topsail Beach, to use a temporary containment tube for construction of the project. Due to
continued rapid deterioration of the project area leading up to construction, the Town requested the design
modification to use a temporary geotextile containment tube to stabilize the project area. The stated purpose of the
containment tube was two -fold. 1) The containment tube would allow for a safer work environment landward of
the tube to expedite the installation of the sand bag revetment; and 2) The containment tube would stabilize the
chronic erosion threatening both the foundations of the houses and the property between the landward side of the
houses and the road.
Mobilization of equipment to the project area began on December 9, 2014. In order to allow for construction of the
sand bag revetment, a geotextile containment tube was filled in place on top of a scour apron seaward of the proposed
sand bag revetment location. The first containment tube was placed on December 13, 2014 (Figure 1). The 10d, tube
was placed on December 22, 2014 (Figure 2). The original plan was to extend the tube south along the shoreline and
terminate in a shore parallel orientation 50 ft. north of the Topsail Reef revetment. However, during the installation
of the tube, the contractors and engineer observed high velocities of water flowing out of the protected area during
ebbing tides. If such flows were channeled toward the Topsail Reef revetment, there would be a high probability of
scour to occur around the base of the Topsail Reef return wall. The contractor and CPE-NC agreed to turn the
southern end of the geotube landward and tie into high ground prior to shutting down for the Christmas break in
order to avoid such a scenario. Figure 2 shows the orientation of the southernmost temporary containment tube after
installation.
The containment tube worked as designed providing temporary protection to the work area and preventing further
loss of sand from the project area during the construction of the sand bag revetment. The nominal dimension of the
temporary containment tube is 30 ft in circumference. The tubes achieved variable heights of approximately 3 to 5 ft.
and a width of 12 ft. Individual tubes range in length from 100 to 150 ft.
The contractor returned to the project site on December 28th, 2014 and began laying the base layer of the sand bag
revetment in the vicinity of 2378 New River Inlet Road on the northern end of the project area. On January 14th, the
contractor cut through the southernmost temporary containment tube in order to construct the sand bag revetment.
Over the course of the following two weeks the southernmost containment tube deflated and the remains of the
southern -most tube, scour apron, and chock tube were removed. Construction of the sand bag revetment extending
approximately 1,500 ft. north from the Topsail Reef was substantially completed on February 25, 2015. As of the date
of this letter approximately, 1,350 ft. of the containment tube is still in place fronting the revetment from 2378 to
2290 New River Inlet Road. `1 to LY '�✓ y 4 71
4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: [phone] • FAX [phone]
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. A

LEI I '11�Io1�
M
Figure 2. Southem-most temporary containment tube installed December 22, 2014
As you indicated in your letter, Condition 11 of CAMA Major Permit #92-14 states:
In accordance with commitments made by the permittee, the authorized temporary construction containment
tube used to assist in the safe construction of the authorized temporary sand bag revetment shall be removed
in its entirety either immediately upon project completion, or by May 21, 2015, whichever is sooner.
Additionally, should the Division of Coastal Management determine that the temporary construction
containment tubes are no longer needed or are no longer serving their intended purpose of providing a safe
work environment landward of the tubes, the tubes shall be removed immediately upon written notification
by the Division.
The Town acknowledges the temporary containment tube was permitted for construction purposes only and was not
intended to be a lasting feature of the sand bag revetment. The Town signed the permit with the intent to comply
with all conditions of the Permit.
Significant accretion of sand has occurred along the southern portions of containment tube throughout the last month
of construction. Approximately 1,000 ft. of the southern portion of the containment tube has been partially or
completely covered with sand (Figure 3). Given the amount of burial that has taken place, the excavation and
removal of the tube at this point would likely be detrimental to the integrity of the sand bag revetment.
4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: [phone] • FAX [phone]
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

Courtesy of Mike Capuano)
Likewise, in those portions of the revetment where the tube is still exposed, the tube is clearly providing scour
protection to the sand bag revetment. In my professional opinion, the removal of the partially buried and exposed
sand tube will result in rapid scour along the toe of the sand bag revetment located in these areas which will in turn
lead to the failure of the sand bag revetment.
Observations made during the construction process indicate the tubes have not had any noticeable adverse impact to
adjacent shorelines as compared to revetments composed of only sand bags. Therefore, allowing the sand tube to
remain for the duration of the time allowed for the sand bag tevetment would not have any greater negative impact on
adjacent properties than the impacts associated with the sand bag revetment itself.
The intent of the channel realignment project constructed by the Town of North Topsail Beach between December
2012 and February 2013 under CAMA Major Permit #79-10 was to induce reconfiguration of the ebb delta by
redistributing material from the north side of the delta to the south side. A build-up of material on the south side of
the ebb tide delta would provide a higher degree of wave sheltering to the north end of North Topsail Beach which
should eventually lead to a reduction in shoreline erosion rates immediately south of the inlet in the short term and
possibly some widening of the beach in the long term. Figure 4 shows a schematic diagram of the expected ebb shoal
reconfiguration. Engineering documents associated with the permitting and design of the project stated that
predictions of the actual time for the shoreline between stations 1140+00 (area from between Buildings #5 and #6 of
4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: [phone] • FAX [phone]
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

Topsail Reef) and 1160+00 (south shoulder of New River Inlet) to respond to the new channel cannot be made with
a high degree of certainty; however, significant accretion should occur within 5 years with full recovery occurring
within 15 years following the channel relocation (CPE-NC, 2009). These projections were based on the
implementation of a channel maintenance program that would maintain the channel in the preferred location.
Figure 4. Schematic diagram showing the intended reconfiguration of the ebb tide delta as a result of the channel realignment
project (Photo from October 2003).
The Town of North Topsail Beach is committed to establishing and maintaining a healthy beach along the north end
of the Island. The Town has also shown a commitment to protect New River Inlet Road to allow the ocean front
property owners as well as those property owners along Oyster Lane, Port Dr., River Drive, and the Beach Club to
continue to have access to their property. This commitment was clearly demonstrated by the Town undertaking the
Sand Bag Revetment project.
The Town continues to monitor the channel realignment project closely. Monitoring data over the past 2 years
suggests that the ebb shoal is reconfiguring to a preferred alignment as designed; however as stated in the engineering
documents, this process will take time.
4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: [phone] • FAX [phone]
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.

The commitments to remove the sand tubes in accordance with the permit conditions were made in good faith and
based on the belief the sand bag revetment alone would be able to provide the degree of protection needed to
preserve the area until the inlet channel relocation project begins to produce measurable positive impacts on the area.
However, the rapidly changing conditions along the north end of North Topsail Beach and the accelerated rate of loss
of material from the area has made it abundantly clear that the sand bag revetment alone will not be able to protect
the homes or the roads in this area for a sufficient amount of time to allow for gradual recovery of the shoreline
associated with the channel realignment project.
For all of the reasons stated above, the Town of North Topsail Beach is requesting a permit modification to allow the
sand tubes to remain in place for the duration of the permit as stated in Condition 4 and Condition 7 of CAMA Major
Permit #92-14 governing the time limits of the sand bags.
Please contact me at 910.791.9494 (office) or 910.264.2166 (cell) or Mr. Ken Willson at 910.443.4471 (cell) should you
have any questions or need additional information.
Very truly yours,
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
Tom Jarrett, P.E.
Project, Engineer
Cc:
Ken Willson (CPE-NC)
Stuart Turille (North Topsail Beach)
Braxton Davis (Div. of Coastal Management)
Doug Huggett (Div. of Coastal Management)
Jonathan Howell (Div. of Coastal Management)
Jason Dail (Div. of Coastal Management)
4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: [phone] • FAX [phone]
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA. INC.

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
EEPLYTO
ATr=ON OF:
March 24, 2015
Regulatory Division
Action ID No. SAW-2014-01700 and State Permit No. 92-14
Mr. Stuart Turille
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach, North Carolina 28460
Dear Mr. Turille:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to modify the work associated with your Department of the Army (DA)
permit issued on December 2, 2014, which authorized the additional linear footage of sandbag
placement, on North Topsail Beach, Onslow County, North Carolina. The requested
modification includes the addition of sandbag revetment, beginning at the northern terminus of
the existing revetment.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 19800291 (copy enclosed). The permit is hereby modified after -the -fact. It is
understood that all other conditions of your permit remain applicable. The expiration date of
your DA permit is December 31, 2016.
If you have any questions or comments you may reach me at telephone [phone].
Sincerely,
•r" �� A /� avi-I
l./
Tyler Crumbley, Project Manager
Wilmington Regulatory Field Office
Enclosure:
GP291 Conditions
.14

-2-
Copies Furnished (without enclosures):
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive
Wilmington, North Carolina 28405
Mr. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive
Wilmington, North Carolina 28405

-2-
Copies Furnished (without enclosures):
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
400 Commerce Avenue
Morehead City, North Carolina 28557
Ms. Debra Wilson
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive
Wilmington, North Carolina 28405
Mr. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive
Wilmington, North Carolina 28405

DEPARTMENT OF THE ARMY
Wilmington District Corps of Engineers
Regulatory Division
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
a ym
n�onoF December 15, 2014
Wilmington Regulatory Field Office
SAW-2012-00040
Mr. Pete Benjamin, Field Supervisor
c/o: Ms. Kathryn Mathews, Fish and Wildlife Biologist 1
Raleigh Ecological Services Field Office / f
U.S. Fish and Wildlife Service U[
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Dear Mr. Benjamin:
Reference is made to the Biological and Conference Opinions, dated November 25, 2014, in regards
to formal Section 7 consultation for the Town of North Topsail Beach's shoreline stabilization proposal,
specifically the construction of a 1,500 foot long sandbag revetment along the Atlantic Ocean shoreline
and located from 2276 to 2382 New River Inlet Drive, in North Topsail Beach, Pender County, North
Carolina. The proposed project has been assigned Action ID #SAW-2014-01700.
The Rufa red knot was listed as a threatened species on December 11, 2014, after the completion of
the Biological and Conference Opinions for the above described project. In accordance with 50 CFR
402.10, the Corps requests the conference opinion for the Rufa red knot be adopted as the biological
opinion and that no further Section 7 consultation is necessary, unless required by 50 CFR 402.16. The
Corps believes that there have been no significant changes in the action or in the information used during
the conference that would alter the content of the opinion.
If you have any questions regarding this letter, please contact Mr. Ronnie Smith at the letterhead
address, by telephone at 910-251-4829 by fax at 910-251-4025, or by email at:
[e-mail].
Sincerely,
Scott C. McLendon
Chief, Regulatory Division
RECEIVED
DEC 18 1014
DCM-MHD CITY

-2-
Copies Furnished
Ms. Maria Dunn
Habitat Conservation Program
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Jonathon Howell
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Heather Coats
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
RECEIVED
DEC 1 % VA
pyp�'N-NAN^ rfl'�'

-2-
Copies Furnished
Ms. Maria Dunn
Habitat Conservation Program
North Carolina Wildlife Resources Commission
943 Washington Square Mall
Washington, North Carolina 27889
Mr. Jonathon Howell
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Heather Coats
Division of Coastal Management
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Joanne Steenhuis
Division of Water Resources
North Carolina Department of
Environment and Natural Resources
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of
Environment and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
REGE{QED
DEC � � 2014
Epp+¢�AH� L.{TY

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2006-00538 County: New Hanover CAMA Permit #: 99_14
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Mr. Christopher Parker
U.S. Life Saving Services, LLC
1 Auditorium Circle
Wrightsville Beach, North Carolina 28411
Telephone Number:
Size (acres) 0.46 Nearest Town Wrightsville Beach
Nearest Waterway Banks Channel River Basin White Oak
USGS HUC 03030001 Coordinates Latitude: 34.209499
Longitude:-77.798.527
Location description: The project area is adjacent to Banks Channel and is located at 1 Auditorium Circle. in
Wrightsville Beach, New Hanover, North Carolina.
Description of projects area and activity: This verification authorizes the discharge of rill material into 190
square feet of waters of the United States for the construction of a bulkhead. This project also involves
construction of a docking facility, including a pier. platform. Boating dock and a boatlift, within 1550 square
feet of navigable waters of the United States.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291
SEE ATTACHED RGP or NWP GENERAL and REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with
the attached conditions and your submitted CAMA application and Information dated September 12, 2014.
Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to
a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is
modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit
authorization is reissued and/or modified, this verification will remain valid until the expiration date identified
below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with
the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or
are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation,
unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the
authorization.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other
required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers
regulatory program, please contact Ronnie Smith at 910-251-4829 or by email at
ronnie.d.smitha(1.usace.armv.mil �—
Corps Regulatory Official: Ronnie Smith \ Date: November 12, 2014
Expiration Date of Verification: December 31, 2016
RECEIVED
mnv r d jpp
DCM4.%l) Cgy

SAW-2086-88538
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the
permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID: SAW -
Basis For Determination: Banks Channel is subject to the ebb and flow of the tide and exhibits a
mean high water line as indicated by a water line. Banks Channel is a navigable water of the United States
pursuant to the policies and criteria found at 33 CFR 329. Banks Channel is also a water of the United States
pursuant to the policies and criteria found at 33 CFR 328.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
2.

SAW-2006-00538
Determination of Jurisdiction:
A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above
described project area. This preliminary determination is not an appealable action under the Regulatory
Program Administrative Appeal Process ( Reference 33 CFR Part 331).
B. ® There are Navigable Waters of the United States within the above described project area subject to the
permit requirements.of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
Unless there is a change in the law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the
law or our published regulations, this determination may be relied upon for a period not to exceed five years
from the date of this notification.
D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action.
Please reference jurisdictional determination issued . Action ID: SAW -
Basis For Determination: Banks Channel is subject to the ebb and flow of the tide and exhibits a
mean high water line as indicated by a water line. Banks Channel is a navigable water of the United States
pursuant to the policies and criteria found at 33 CFR 329. Banks Channel is also a water of the United States
pursuant to the policies and criteria found at 33 CFR 328.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for
the particular site identified in this request. The delineation/determination may not be valid for the wetland
conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or
anticipate participation in USDA programs, you should request a certified wetland determination from the local
office of the Natural Resources Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as
indicated in B and C above).
This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object
to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331.
Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you
request to appeal this determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 1OM15
Atlanta, Georgia 30303-8801
Phone: [phone]
2.

In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the
criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of
the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by January
12,2014.
"It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence " r--
Corps Regulatory Official: J�
Ronnie Smith
Date of JD: November 12, 2014
Expiration Date of JD: November 12, 2019
The Wilmington District is committed to providing the highest level of support to the public. To help us
ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
htto://regulatory.usacesurvey.com/.
Enclosures:
GP 291 Conditions
CAMA Permit
Copy Fumished without Enclosures:
Mr. Jonathan Howell
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Robb Mairs
North Carolina Department of
Environment and Natural Resources
Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Ms. Chad Coburn
North Carolina Department of
Environment and Natural Resources
Division of Water Resources RECEIVED
127 Cardinal Drive Extension my t A X1
Wilmington, North Carolina 28405

SAW-2006-00538
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303-8960
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512

SAW-2006-00538
Mr. Fritz Rhode
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Mr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Ms. Karen Higgins
Division of Water Quality
North Carolina Department of Environment
and Natural Resources
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, GA 30303-8960
BOSN3 Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Rd
Atlantic Beach, NC 28512
ll

® North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
MEMORANDUM
TO: Jonathan Howell, Assistant Major Permits Processing Coordinator
Division of Coastal Management 2p4 e^ o5. s;wA9.�rr
North Carolina Department of Environment and Natural Resources rVCW e_L
Fiflm Dunn
FROM: Maria T. Dunn, Coastal Region Coordinator`'
Habitat Conservation Program J
DATE: May 29, 2015
SUBJECT: CAMA Dredge/Fill Permit Application for Town of North Topsail Beach, Major
Modification to 92-14, Onslow County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NC WRC) reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is located
between 2276 and 2382 New River Inlet Road adjacent the Atlantic Ocean and New River Inlet. Our
comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-
100 through I I3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the
Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to extend the time granted for the existing temporary construction
containment tubes (Geo-tubes) to March 31, 2016, or until the Onslow County channel maintenance
project is completed.
The NCWRC commented on the original permit application (Deaton 18 September 2014). At this
time we stated significant concern for the structures with regard to hardening of the shoreline, the removal
of sea turtle nesting habitat, and the loss of shorebird foraging area. Site visits have been conducted
periodically to observe the structures and their impacts.
Our comments and concerns from the original review remain the same. A copy of the September
18, 2014 memorandum is included for reference.
Thank you for the opportunity to provide comment on this permit modification. If you need
further assistance or additional information, please contact me at [phone] or at
maria. dunnaa,ncwildl ife.org
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

North Carolina Wildlife Resources Commission 0
Gordon Myers, Executive Director
MEMORANDUM
TO: Jonathan Howell, Assistant Major Permits Processing Coordinator
NCDENR Division of Coastal Management ��nA
FROM: Shannon L. D Program Manager
Habitat Conservation
n Program �
DATE: September 18, 2014
SUBJECT: CAMA Dredge/Fill Permit Application for Town of North Topsail Beach,
Onslow County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the
permit application with regard to impacts on fish and wildlife resources. The project site is
located between 2276 and 2382 New River Inlet Road adjacent the Atlantic Ocean and New
River Inlet. Our comments are provided in accordance with provisions of the Coastal Area
Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the
Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as
amended; 16 U.S.C. 661 et seq.).
The applicant proposes to install a large sand bag (Geo-tube) revetment for approximately 1,450'
to protect residential structures located along the north end of Topsail Island near the New River
Inlet fronting the Atlantic Ocean. The Geo-tubes have a dimension of 7.5' in height and 45' in
diameter and are proposed to be filled with approximately 10,000 cubic yards of sand from a
nearby spit removing 12 to 15 inches of material from a 5 acre area.. This material will be mixed
with water from the surf zone, slurried, and placed in the Geo-tube. The structure will lie
approximately 20' below the normal high water level and 25' above the elevation of normal high
water. This project area is included within the beach nourishment project covered under Permit
No. 79-10. The waters at the project location are classified SA by the Environmental
Management Commission.
The NCWRC has reviewed the proposed project as a permanent hardening of the shoreline since
the project as proposed does not meet conditions for temporary sand bags of imminently
threatened structures. Sandbagging is intended as a temporary measure to minimize erosion with
an alternate long term plan. Construction of a permanent hardened shoreline interferes with
sediment transport, the natural migration of barrier islands, and increased erosion or scour to
Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

CAMA Dredge/Fill Permit N. Topsail Beach, Onslow Co.
adjacent properties. With these review considerations, the placement of the Geo-tube will
significantly inhibit sea turtle access to the beach and remove nest laying area. The filling of the
Geo-tube using 5 acres of material from the nearby spit will have habitat impacts by removing
foraging and nesting habitats for shorebirds including species such as piping plover, red knot,
and several tem species.
Additionally, this project is within a permitted beach nourishment project which does not allow
current shoreline structures/bags to be covered. NCWRC worked with the Town of North
Topsail Beach to minimize impacts for the nourishment project and ensured the permit's
conditions addressed our wildlife resource concerns. The addition of a 1,450' Geo-tube within
this project boundary is contrary to NCWRC's minimization goals. Due to these concerns,
NCWRC questions if the beach nourishment permit (Permit 79-10) will have reduced and altered
effectiveness if this project is permitted as proposed.
As proposed, this project will have significant adverse impacts to wildlife resources and we are
requesting that alternatives be considered before this project is permitted. The NCWRC does not
object to sandbagging of this area in the traditional sense as specified in NC Division of Coastal
Management (NCDCM) rule, but we do not view sand bag revetments as long term solutions to
control erosion issues along ocean front beaches. Please see our attached recommendations for
the use of sand bags when deemed necessary by NCDCM.
Thank you for the opportunity to review and comment on this permit application. Please feel free
to contact Maria Dunn at [phone] or at [e-mail] if there are any
additional questions or concerns.

CAMA Dredge/Fill Permit
N. Topsail Beach, Onslow Co.
Recommendations for the use of sand bags under emergency conditions
to minimize impacts to wildlife resources for coastal counties
North Carolina Wildlife Resources Commission
If it is determined imminently threatened structures should be protected with sand bags as
specified in NC Division of Coastal Management (NCDCM) rule, NCWRC has these concerns
and recommendations:
Proposed work should be conducted outside the shorebird and sea turtle nesting
moratoria, or from April 1 —November 15, or until the last know turtle nest has hatched.
If this project is declared an emergency and sandbags must be placed at imminently
threatened structures during the moratoria, we request that the work be expedited to the
greatest extent possible to reduce the potential for any unintended impacts to nesting sea
turtles and their nests. All work should be conducted during the daytime only and only
begin after qualified sea turtle monitors have evaluated the project area for any potential
sea turtle nesting activities. Regular sea turtle monitoring occurs on Topsail Beach and
we strongly recommend that the applicant coordinate appropriately with this group.
• The NCWRC would like the applicant to be aware of rule 15A NCAC 7H .0308 (a) (2)
(g) in regards to sand bag removal in a timely fashion. This rule outlines that sandbags
should not be allowed to remain in place for more than five years since North Topsail
Beach has a beach nourishment plan currently permitted for this project area.
• It is preferred that material used to fill sand bags comes from an offsite source. If it is
determined that material from the spit could be used, we request NCDCM and the
applicant consult with the NCWRC and USFWS to reduce impact to this area.
Minimization of impact may include creating a tidal pool shorebirds could utilize and
overall less area of impact with less removal of material.

NCDENR
Drth Carolina Department of Environment and Natural
Pat McCrory
Governor
May 8. 2015
MEMORANDUM.
TO Renee Gledhill -Early
Dept. of Cultural Re!
Archives & History
rtl�mo— (rledti,ll-
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MAY 14 2015
Donald R. van der Vaart
Secretary
r'F--
FROM Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09)
SUBJECT: CAMA / D&F Permit Application Review
Applicant: Town of North Topsail Beach 92-14MM
Project Location: 2284 - 2382 New River Inlet Rd adjacent to the Atlantic Ocean. In NT8, Onlsow County
Proposed Project: Applicant proposes to extend the time granted for the existing temporary construction
containment tubes (2284 - 2382 New River Inlet Rd . adjacent to the Atlantic Ocean), to
remain in place through March 31 2016r or until the Onslow County channel maintenance
project is completed, in North Topsail Beach, Onslow Cc
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by June 1, 2015. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate. in depth comments with supporting data is requested
REPLY: This agency has no objection to the project as proposed
Rom-- This agency has no cornment on the proposed project
This agency approves of the project only if the recommended changes
are incorporated. See attached
This agency objects to the project for reasons described in the attached comments
SIGNED & L L -F --DATE 0�'a6 • IS -----
/V�
N.G. Division of Coaxial Managemeni.
127 Cardinal Drive E41, Wit mngion, NC 2$405
Phone. [phone]t FAX 910-3%,3964 Internet: wwv.nccoastalmanaaernem net
4EAIWUEomaroiri.tlEmwb"A AEmote
MAY 1 5 2015
I

Pat McCrory Donald R. van der Vaart
Governor Secretary
June 2, 2015
CERTIFIED MAIL .
RETURN RECEIPT REQUESTED
Town of North Topsail Beach
c/o Stuart Turille
2008 Loggerhead Court
North Topsail Beach, NC 28460
Dear Mr. Turille:
This letter is in response to your application for a major modification to permit no. 92-14
under the Coastal Area Management Act (CAMA), in which authorization was requested to
allow the existing temporary construction containment tubes, as well as associated scour aprons
and "chock tubes", located between 2284-2382 New River Inlet Road, to remain in place until at
least March 16, 2016, or until the completion of a channel maintenance and beach nourishment
project currently under development by Onslow County. Processing of the application, which
was received as complete by the Division of Coastal Management's (DCM) Wilmington
Regional Office on May 1, 2015, is now complete. Based on the state's review, the Division of
Coastal Management has made the following findings:
1) The Town of North Topsail Beach was issued emergency CAMA Major Permit No.
92-14 on October 24, 2014 to allow for the construction of a 20' x 6' sandbag
revetment at the subject property. CAMA Major Permit No. 92-14 was amended by
way of a variance granted by the Coastal Resources Commission (CRC) on
November 26, 2014 to allow for the construction of a 45' x 12' sandbag revetment.
2) Immediately prior to the issuance of the November 261h, 2014 Major Modification
to CAMA Major Permit 92-14, the Town requested permission to install temporary
construction containment tubes, and associated scour aprons and chock tubes
seaward of the alignment of the sand bag revetment. The purpose of the temporary
construction containment tubes was to "allow for a safer work environment
landward of the tube, which will expedite the installation of the sand bag
revetment." The Town further stated in a letter dated November 25, 2015, "Upon
completion of the project, the temporary containment tube will be removed".
3) The temporary construction containment tube, as well as associated scour aprons
and chock tubes, were not determined by the Division to constitute an additional
erosion control response, and therefore could be permitted, provided that a)
structures were designed in a manner that served only as a temporary construction
methodology, and b) that a commitment was received from the Town stating that
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper

the temporary construction containment tubes, scour aprons and chock tubes would
be removed in their entirety either immediately upon project completion, or by May
21, 2015, whichever is sooner.
4) On November 26, 2014, a Major Modification to CAMA Permit No. 92-14 was
issued. The Major Modification included the following conditions:
11) In accordance with commitments made by the permittee, the
authorized temporary construction containment tube used to assist in the
safe construction of the authorized temporary sand bag revetment shall
be removed in its entirety either immediately upon project completion,
or by May 21, 2015, whichever is sooner. Additionally, should the
Division of Coastal Management determine that the temporary
construction containment tubes are no longer needed or are no longer
serving their intended purpose of providing a safe work environment
landward of the tubes, the tubes shall be removed immediately upon
written notification by the Division.
m
13) The scour apron and "chock" tubes shall extend no further
oceanward than the oceanward toe of the temporary construction
containment tube. All portions of the scour apron and chock tubes
located oceanward of the temporary sandbag revetment shall be removed
in their entirety at the same time as the associated temporary
construction containment tubes.
5) On February 24, 2015, the Division received notice from the Town's consultant that
construction of the sand bag revetment was complete.
6) ' On February 27, 2015, the Division formally requested from the Town a plan for
the removal of the temporary construction containment tubes, scour aprons and
chock tubes.
7) Based upon the failure of the Town to proceed with a removal plan for these
structures, the Division issued a Notice of Violation (NOV) to the Town on March
26, 2015. During settlement negotiations relating to the NOV, the Town was given
the option to apply for a Major Modification to Permit No. 92-14, requesting
permission to leave the temporary construction containment tubes, scour aprons and
chock tubes in place until at least March 16, 2016, or until the completion of a
channel maintenance and beach nourishment project currently under development
by Onslow County. The Town chose this option, with the understanding that a
variance from CRC rules would be necessary to allow these structures to remain in
place.
8) The project will be located within the Ocean Hazard AEC and is therefore subject
to the use standards of NCAC 7H.0308(a)(2)(K) and NCAC 7H.0308(a)(2)(L), the
Ocean Hazard AEC Temporary Erosion Control Structures regulations of the N.C.
Division of Coastal Management.

9) NCAC 7H.0308(a)(2)(K) states in part, "Sandbags used to construct temporary
erosion control structures shall be tan in color and three to five feet wide and seven
to fifteen feet long when measured flat."
10) NCAC 7H.0308(a)(2)(L) states, "Soldier pilings and other types of devices to
anchor sandbags shall not be allowed."
11) Based upon the findings outlined above, the proposed project has been determined
to be inconsistent with NCAC 7H.0308(a)(2)(K) and NCAC 7H.0308(a)(2)(L).
Given the preceding findings, it is necessary that your request for issuance of a CAMA
Major Modification to Permit No. 92014 under the Coastal Area Management Act be denied.
This denial is made pursuant to N.C.G.S. 113A-120(a)(8) which requires denial for projects
inconsistent with the state guidelines for Areas of Environmental Concern or local land use
plans.
If you wish to appeal this denial, you are entitled to a contested case hearing. The hearing will
involve appearing before an Administrative Law Judge who listens to evidence and arguments of
both parties before making a final decision on the appeal. Your request for a hearing must be in
the form of a written petition, complying with the requirements of § 150B of the General Statutes
of North Carolina, and must be filed with the Office of Administrative Hearings, 6714 Mail
Service Center, Raleigh, NC 27699-6714, within twenty (20) days from the date of this denial
letter. A copy of this petition should be filed with this office.
Another response to a permit denial available to you is to petition the Coastal Resources
Commission for a variance to undertake a project that is prohibited by the Rules of the Coastal
Resources Commission. Applying for a variance requires that you first acknowledge and
recognize that the Division of Coastal Management applied the Rules of the Coastal Resources
Commission properly in processing and issuing this denial. You may then request an exception
to the Commission's Rules based on hardships to you resulting from unusual conditions of the
property. To apply for a variance, you must file a petition for a variance with the Division of
Coastal Management Director and the State Attorney General's Office on a standard form, which
must be accompanied by additional information on the nature of the project and the reasons for
requesting a variance. The variance request may be filed at any time, but must be filed a
minimum of six weeks before a scheduled Commission meeting for the variance request to be
eligible to be heard at that meeting. The standard variance forms may be obtained by contacting
a member of my staff, or by visiting the Division's web page at
http://www.nccoastalmanagement.net/web/cm/90.
Sincerely,
Braxton C. Davis
Director, Division of Coastal Management
cc: U.S. Army Corps of Engineers, Wilmington, NC

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Huggett, Doug
From: Stuart Turille <[e-mail]>
Sent: Wednesday, June 03, 2015 8:59 AM
To: Huggett, Doug
Subject: RE: Town of North Topsail Beach Major Modification request for CAMA Major Permit
No. 92-'4
Mr. Huggett:
I am in receipt.
Thank you,
Stuart Turille
Town Manager
North Topsail Beach
From: Huggett, Doug rmailto:douct.hugoett(a)ncdenr.00vl
Sent: Tuesday, June 02, 2015 4:31 PM
To: Manager
Cc: BrianECacmclawfirm.com; Willson, Kenneth (Ken [e-mail]); Wilson, Debra; Dail, Jason; Howell,
Jonathan; Davis, Braxton C; Huggett, Doug; Goebel, Christine (cooebelftcdoj.gov); Crumbley, Tyler SAW; Gregson, Jim
Subject: Town of North Topsail Beach Major Modification request for CAMA Major Permit No. 92-' 4
Mr. Turille
Attached please find the Division's final action on your request to allow temporary construction containment tubes to
remain in place for an extended period of time.
Please let me know if you have any questions on this issue.
Sincerely
Doug Huggett
Email correspondence to and from this sender is subject to the N.C. Public Records law and may be disclosed to third parties.
1
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,,

RECEIVED
NORTH TOPSAIL BEACH SHORELINE PROTECTION PROJECT MAY 12 2015
NORTH CAROLINA DIVISION OF COASTAL MANAGEMENT 0 """"9 P.ITr
MAJOR PERMIT MODIFICATION APPLICATION
Prepared for:
The Town of North Topsail Beach
Prepared by:
COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC.
4038 Masonboro Loop Road
Wilmington, North Carolina 28409
Submitted to:
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Wilmington Regional Office
April 2015
RECEIVED
DCM WILMINGTON, NC
141AY 0 12015

RECEIVED
North Topsail Beach Shoreline Protection Project
Phasel Emergency Sandbag Revetment MA1 19 2015
NCDCM Major Permit Application nco '-'--oy
Contents
1 FORMS.............................................................................................................................................. 3
1.1 DCM MP-1.................................................................................................................................. 3
1.2 DCM MP-4..................................................................................................................................4
2 ATTACHMENTS...............................................................................................................................5
2.1 DCM MP-1. ADDITIONAL INFORMATION........................................................................... 5
2.1.1 6a. Project Narrative.......................................................................................................... 5
2.1.2 6b and c. Location Map and Work Plats....................................................................... 10
2.1.3 6d. A copy of the deed (with state application only) or other instrument under
which the applicant claims title to the affected properties....................................................... 10
2.1.4 6f. Adjacent Riparian Landowner Notifications............................................................ 10
2.1.5 6h. Signed Agent Authorization Form........................................................................... 10
2.1.6 6j. Signed AEC Hazard Notice....................................................................................... 10
Appendices
Appendix A: Work Plats and Location Maps
Appendix B: Signed Agent Authorization Form, AEC Notice and Easements
Appendix C: Adjacent Riparian Landowner Notifications
RECEIVED
DCM WILMINGTON, NC
MAY 0 1 91115