151-21 Dare County

Permit Class
NEW
Permit Number
151-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Dare County, 954 Marshall Collins Drive, PO Box 1000, Manteo, NC 27954
Authorizing development in Dare County at Atlantic Ocean, from the "Haulover" at Canadian Hole
15,500' south terminating on NPS property as requested in the permittee's application dated 5/26/21 (MP-1), 7/30/21
(MP-2), and including the attached workplan drawings (15), as referenced in Condition No. 1 below.
This permit, issued on November 10, 2021 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Excavation
1) Unless specifically altered herein, all development shall be carried out in accordance with the
workplan drawings (15), labeled Sheets 1-12 and 14-15 dated 7/30/21, Sheet 13 dated 5/28/21, the
Ocean Hazard AEC Notice dated 5/27/21 and project narrative.
2) In no case shall excavation of material from the borrow area exceed 10' below the existing grade.
3) An after -dredge survey of the borrow area shall be provided to DCM within 60 days after project
completion.
(See attached sheets 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, 2024
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Z41 /Z11 AZ Z gee
I Sraxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dare County- Buxton Beach Nourishment Permit No. 151-21
Page 2 of 4
ADDITIONAL CONDITIONS
Beach Nourishment
4) Prior to initiation of beach nourishment activity along each section of beach, the existing mean high
water line shall be surveyed, and a copy of the survey provided to the Division of Coastal Management.
NOTE: The permittee is advised that the State.of North Carolina claims title to all currently submerged
lands and any future lands that are raised above the mean high water level as a result of this
project.
5) Prior to the initiation of beach nourishment activity on a specific property, easements or similar legal
instruments shall be obtained from the impacted property owner(s).
6) The seaward nourishment limit shall be conducted in accordance with the approved work plans.
7) Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize
surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with
approved profiles upon completion of pumping activities in that particular section of beach.
8) The applicant shall continually monitor and inspect the material while active pumping is taking place.
Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312(3) &
(4)(c), [Technical Standards for Beach Fill Projects], the dredge operator shall immediately cease
operation and contact the NCDCM. Dredge operations shall resume only after resolution of the issue of
sand compatibility, including any remediation determined necessary by the Division.
9) In order to prevent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
cannot be made immediately, pumping of material shall stop until such leaks are fixed.
10) Once a section is complete, piping and heavy equipment shall be removed or shifted to a new section
and the area graded and dressed to final approved slopes.
11) Land -based equipment necessary for beach nourishment work shall be brought to the site through
existing accesses. Should the work result in any damage to existing accesses, the accesses shall be
restored to pre -project conditions immediately upon project completion in that specific area
NOTE: The permittee is advised that any new access site would require a modification of this permit.
12) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low
protective dune shall be pushed up along the backbench to prevent slurry from draining towards the
development.
13) Any dune repair construction shall be aligned to the greatest extent possible with existing adjacent dune
ridges, shall be of the same configuration as the adjacent frontal dune and shall adhere to a 3H:1 V slope
along the oceanward face. Dune disturbance shall be kept to a minimum and dune construction shall
take place entirely within the areas indicated in the drawings, unless a significant change in shoreline
occurs that necessitates further review to ensure compliance with this condition.

Dare County- Buxton Beach Nourishment Permit No. 151-21
Page 3 of 4
ADDITIONAL CONDITIONS
14) In order to further ensure compliance with Condition No. 13, an updated survey showing current beach
conditions shall be performed within 3 months of project initiation for the entire project area and plans
with updated survey conditions shall be submitted to DCM and the USACE. These plans shall be
coordinated with the appropriate resources agencies and approved by DCM and the USACE prior to
initiation of work and scheduling of the pre -construction conference referenced in Condition No. 23
below. An additional survey and approval may be required in the case of a significant change in
shoreline conditions.
15) In accordance with commitments made by the permittee, all sand fencing to be installed shall comply
with the conditions stated on Sheet 15 dated 7/30/21 and shall be placed as far landward as is feasible.
Efforts should also be made to install sand fencing outside of sea turtle season (May 1 through
November 15). Any additional proposal to install sand fencing exceeding these specifications shall
require further agency coordination and may require modification of the permit.
Mitieation and Monitorin¢
16) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring
commitments made in the permit application.
17) In accordance with commitments made by the permittee, monitoring surveys shall be conducted, as
requested by the NC Division of Marine Fisheries.
18) During the sea turtle season (May 1 through November 15), nighttime lighting associated with
nourishment activities shall be minimized. Lighting shall be limited to the immediate construction area
and shall be minimized through reduction, shielding, lowering, and appropriate placement to avoid
excess illumination of the water surface and nesting beach.
19) Visual surveys for escarpments along the project area shall be made immediately after completion of
sand placement, and within 30 days prior to May 1. Escarpments that are. determined by NCWRC to
interfere with sea turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be
leveled and the beach profile reconfigured to minimize scarp formation prior to May 1.
Cultural Resource Protection
20) The project site is located in an area having a high probability of containing cultural resources, such as
shipwreck remains. The permittee shall exercise all precautions to avoid damage to any potential historic
structures or shipwrecks. If such materials are encountered, the permittee shall immediately stop work
and notify the N.C. Division of Coastal Management at [phone].
General
21) This permit authorizes excavation and beach nourishment activities to be carried out one (1) time along
the requested project area. Any request to carry out additional activities within an area where excavation
or nourishment activities have been completed under this permit shall require a modification of this
permit.

Dare County- Buxton Beach Nourishment Permit No. 151-21
Page 4 of 4
ADDITIONAL CONDITIONS
22) This permit shall not be assigned, transferred, sold or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
23) The permittee and his contractor shall schedule a pre -construction conference with the Division of
Coastal Management, the US Army Corps of Engineers and the Wildlife Resources Commission prior to
the initiation of any dredging or mobilization activities.
24) The permittee shall obtain any necessary authorizations or approvals from the US Army Corps of
Engineers prior to initiation of any permitted activity. All conditions of the Federal approval shall be
adhered to.
25) Any sediment sample monitoring, dredging or as -built surveys required by the USACE shall also be
provided to DCM.
26) Any violation of the Water Quality Certification shall also be considered a violation of this CAMA
Permit.
27) No sand shall be placed on any sandbags that have been determined by the Division of Coastal
Management to be subject to removal under 15A NCAC .0308(a)(2). In order to ensure compliance with
this condition, the Division of Coastal Management shall be contacted at [phone] prior to project
initiation so that Division staff may meet on site with the permittee and/or contractor.
NOTE: The permittee is advised that the Division of Coastal Management shall regulate the removal of
existing sandbags and the placement of new sandbags in accordance with 15A NCAC 07H .0308
(a)(2)(F), or in accordance with any variances granted by the N.C. Coastal Resources
Commission.
28) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.
29) The permittee shall make every effort possible to minimize any negative impacts of trucks and
construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the
ability of individuals to access and enjoy the beach is not impeded outside of the construction limits.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future nourishment activities may require a modification of this permit. The permittee shall
contact the Division at [phone] prior to the commencement of any such activity for the
determination.
NOTE: The permittee is encouraged to make its contractors aware of existing utilities during ingress and
egress of the site to avoid damage to the utilities. Please contact the Dare County Water
Department to confirm the location of utilities in the area.
NOTE: A permit application processing fee of.$475 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.