oki ph 2 maj mod.31-20-04.22.21

Permit Class
MODIFICATION/MAJOR
Permit Number
31-20
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Permit
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 the Town of Oak Island, 4601 E. Oak Island Drive, Oak Island, NC 28465
Authorizing development in Brunswick County at the Atlantic Ocean, & the oceanfront shoreline of Oak
Island , as requested in the permittee's application: MP-1 dated 7/29/20, MP-2 dated
revised 12/17/20, and including attached workplan drawings (29), as referenced in Condition No. 1 below.
This permit, issued on April 22, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (29), Sheets 1-18 and 20-29 of which are dated 11/18/20; and Sheet 19
of 29 dated 9/25/20.
2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore,
nearshore, intertidal and beach resources, no excavation or beach nourishment activities, including
mobilization and demobilization, remediation measures, or the use of any heavy equipment shall
occur on or waterward of the frontal dune (on the beach) from May 1 to November 15 of any year
without prior approval from the Division of Coastal Management, in consultation with the
appropriate resource agencies.
(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.
�VZV Braxton C. Davis, Director
llivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of Oak Island
ADDITIONAL CONDITIONS
Excavation
Permit No. 31-20
Page 2 of 5
3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
4) In the Jay Bird Shoals borrow area, in no case shall excavation exceed -26' NAVD 88 (with a 2'
overdredge allowance) in Zone 1, -35' NAVD 88 (with a 2' overdredge allowance) in Zone 2, and -27'
NAVD 88 (with a 2' overdredge allowance) in Zone 3.
5) In the Central Reach borrow area, in no case shall excavation exceed -38' NAVD 88 (with a 2'
overdredge allowance) in Zone 1, -39.7' NAVD 88 (with a 2' overdredge allowance) in Zone 2, -37.3'
NAVD 88 (with a 2' overdredge allowance) in Zone 3, and -40' NAVD 88 (with a 2' overdredge
allowance) in Zone 4.
6) This Major Modification authorizes excavation activities to be carried out one (1) time within each
borrow area. Any request to carry out additional activities within an area where excavation activities
have been completed may require a modification of this permit.
Beach Nourishment
7) This Major Modification authorizes beach nourishment activities to be carried out one (1) time along the
entire reach of the requested project area. Any request to carry out additional activities within an area
where nourishment activities have been completed under this permit shall require a modification of this
permit.
8) Any new dunes shall be aligned to the greatest extent possible with existing adjacent dune ridges and
shall be of the same configuration as adjacent natural dunes. No new dunes shall be created in the inlet
hazard area.
9) In order to ensure compliance with Condition No. 7, 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 USAGE. These plans shall be
approved by DCM and the USACE prior to initiation of work. An additional survey and approval may
be required in the case of a significant change in shoreline conditions.
10) Dune disturbance shall be kept to a minimum. Any alteration of existing dunes shall be coordinated with
the Division of Coastal Management as well as the appropriate property owner(s).
11) 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 permitter 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.

Town of Oak Island
ADDITIONAL CONDITIONS
Permit No. 31-20
Page 3 of 5
12) Prior to the initiation of construction, the permittee shall coordinate with the Division of Coastal
Management to determine if additional static vegetation line shall be required. The static vegetation line,
which is defined as the vegetation line that existed within one year prior to the onset of initial project
construction, shall be established using on -ground observation and survey or aerial imagery. The static
vegetation line(s) shall then be marked and a survey depicting this static vegetation line(s) shall be
submitted to the Division of Coastal Management prior to any large-scale beach nourishment activities.
13) 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).
14) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring
commitments made in, or submitted with, the permit application.
15) Should dredging operations encounter sand deemed non -compatible with 15A NCAC 07H .0312
(Technical Standards for Beach Fill Projects), the dredge operator shall immediately cease operation and
contact the Division of Coastal Management. Dredge operations shall resume after resolution of the
issue of sand compatibility.
16) The permittee shall sample the native beach to establish the number of large sediments and shell present
and results submitted to DCM prior to the initiation of construction to demonstrate compliance with 15A
NCAC 07H .0312.
l 7) 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.
18) 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.
19) 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.
20) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low
protective dike shall be pushed up along the backbeach to prevent slurry from draining towards the
development.
21) The seaward nourishment limit shall be constructed in accordance with approved work plans.
NOTE: Should disturbance landward of the first line of stable, natural vegetation exceed I acre in area,
an Erosion and Sedimentation Control Plan may be required for this project. This plan must be
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environmental Quality, Land Quality Section, 127 Cardinal Drive
Extension, Wilmington, NC 28405.

Town of Oak Island
ADDITIONAL CONDITIONS
Cultural Resource Protection
Permit No. 31-20
Page 4 of 5
22) 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].
Easement
23) An Easement from the Department of Administration's State Property Office may be required. The
permittee shall contact the State Property Office at [phone] prior to the initiation of construction
to determine if such an easement will be required.
General
24) The permittee shall obtain any necessary authorizations or approvals from the U.S. Army Corps of
Engineers prior to initiation of any permitted activity. Unless altered by a specific Condition of this
Permit, the permittee shall adhere to all conditions on the Federal approval.
25) In order to ensure compliance of the authorized project with the conditions of this permit, the permittee
and his contractor shall schedule a pre -construction conference with the Division of Coastal
Management, the U.S. Army Corps of Engineers, the N.C. Wildlife Resources Commission, and N.C.
Division of Water Resources prior to the initiation of any dredging or mobilization activities authorized
by this permit. In order to facilitate these discussions, a complete set of project plans shall be provided
to all listed agencies at the time of each request for a pre -construction conference.
26) 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.
27) The authorized project shall not interfere with the public's right to free navigation on all navigable
waters of the United States. No attempt will be made by the permittee to prevent the full and free use by
the public of all navigable waters at or adjacent to the authorized work for reason other than safety.
28) This Major Modification shall be attached to the original of Permit No. 31-20, which was issued to the
permittee on 3/6/20, the Minor Modification issued on 8/12/20, the Letter of Refinement issued on
3/26/21, and copies of all documents shall be readily available on site when Division personnel inspect
the project for compliance.
29) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
30) 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.
31) The N.C. Division of Water Resources has authorized the proposed project under WQC 004215 (DWR
Project No. 2018 1344 v3). Any violation of the Water Quality Certification shall also be considered a
violation of this CAMA Permit.

Town of Oak Island
ADDITIONAL CONDITIONS
Permit No. 31-20
Page 5 of 5
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), or in accordance with any variances granted by the N.C. Coastal Resources
Commission.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2018-
02230.
NOTE: An 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.