191-05 Renewal 2024 NTB

Permit Class Permit Number
RENEWAL 191-05
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

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

Issued to Town of North Topsail Beach, 2008 Loggerhead Court, North Topsail Beach, NC 28460
Authorizing development in Onslow County at Atlantic Ocean and ocean beach, within
limits of Town of N. Topsail Beach, as requested in the permittee’s letter dated 6/30/23.

This permit, issued on May 31, 2024 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

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

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

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

All work must cease when the permit expires on

December 31, 2026

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.

For Tancred Miller, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

1) All conditions and stipulations of the active permit remain in force under this Renewal, unless
specifically altered herein. [07J .0209(a)]

NOTE: The permittee is advised that additional authorization through permit modification is required
prior to the initiation of each event.

NOTE: This Renewal shall be attached to the original of Permit No. 191-05, which was issued on
12/5/05, as well as all subsequent modifications and renewals, and copies of all documents
shall be readily available on site when Division personnel inspect the project for compliance.

(See attached sheet for Additional Conditions)

Town of North Topsail Beach Permit No. 191-05
Page 2 of 2

ADDITIONAL CONDITIONS

2) In order to protect threatened and endangered species, and to minimize adverse impacts to intertidal and
beach resources, no dune rehabilitation activities shall occur from April 1 to November 15 of any year
without prior approval from the North Carolina Division of Coastal Management. [G.S. 113- 229(e);
G.S. 113A-120]

NOTE: This Renewal does not eliminate the need to obtain any additional permits or authorizations that
may be required.

NOTE: The U.S. Army Corps of Engineers assigned this project Action Id No. SAW-2005 00087.

NOTE: The N.C. Division of Water Resources has authorized this project under WQC No.006408 and
DWR Project # 20041996v2.

NOTE: A renewal processing fee of $100 was received by DCM for this project.

From:Hair, Sarah E CIV USARMY CESAW (USA)
To:Coats, Heather
Subject:RE: [External] RE: Bulldozing permit
Date:Thursday, May 30, 2024 6:44:13 PM
Attachments:image001.jpg
image002.png
image003.png
image004.gif
DRAFT SAW-2005-00087 Town of NTB BB 2024 reauthorization .docx
CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.
Hey Heather,
Hope you had a good weekend and week so far. Happy almost Friday. Attached is my draft
reauthorization letter for this project. Just checking to see where you are with this one?
Thanks!
Liz

From: Hair, Sarah E CIV USARMY CESAW (USA)
Sent: Monday, May 13, 2024 1:40 PM
To: Snider, Holley <[e-mail]>
Cc: Coats, Heather <[e-mail]>
Subject: RE: [External] RE: Bulldozing permit

Thanks! I’ll get moving on finalizing mine.
Liz

From: Snider, Holley <[e-mail]>
Sent: Monday, May 13, 2024 9:41 AM
To: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Cc: Coats, Heather <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Bulldozing permit

Holley Snider .·´¯`·.¸><((((º>·´¯`·.¸¸..><((((º>.·´¯
Environmental Specialist II
401 Buffer Permitting Branch
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]

*please note my email address has changed [e-mail]*

127 Cardinal Drive Ext.
Wilmington, NC 28405

From: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Sent: Friday, May 10, 2024 2:07 PM
To: Snider, Holley <[e-mail]>
Subject: RE: [External] RE: Bulldozing permit

CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the
Report Message button located on your Outlook menu bar on the Home tab.

Hey Holley,
Not sure if this is the most recent email on this thread….could you forward your 401 cert for the NTB
BB project to me?
Thanks!
Liz

From: Coats, Heather <[e-mail]>
Sent: Friday, April 19, 2024 8:35 AM
To: Snider, Holley <[e-mail]>
Cc: Hair, Sarah E CIV USARMY CESAW (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Bulldozing permit

Hi Holley,
You sent me a draft renewal for N Topsail Beach to review a few weeks ago and that was what I was
belatedly responding to. See your attached email. Surf City beach nourishment is another
outstanding renewal request. For us, 190-05 is for beach bulldozing and 40-20 is for their beach
nourishment project, but as we’ve discussed, it looks like you all may have used the same project
number for both. So my 4/15 email was in reference to the outstanding renewal request for NTB that I
don’t believe you all have issued yet (nor have I). I’m also attaching that original email that went out
requesting comment. And I don’t know if you need to do anything else or not to approve the Surf City
nourishment- but yes, they did submit a request to renew their authorization for beach nourishment
as well. I’ve also attached that email (that as you said, went out on 3/1). So let me know if you
determine that the v3 letter for 2005 2016 is sufficient to keep it active for their beach nourishment
as well, or if you have any comments or concerns regarding us renewing it.

Hope that helps straighten things up a little more. Let me know if you have any further questions
(although I don’t know what to tell you about DWR’s project numbering system)!

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

May 3, 2024

DWR # 20051996v2
Onslow County

Town of North Topsail Beach
ATTN: Alice Derian
2008 Loggerhead Court
North Topsail Beach, NC 28460

Sent via email to: [e-mail]

Subject: Approval of Individual 401 Water Quality Certification
North Topsail Beach Bulldozing Dune Restoration
USACE Action ID. No. SAW-2005-00087

Dear Mrs. Derian:

Attached hereto is a copy of Certification No. WQC006408 issued to Alice Derian and Town of North
Topsail Beach, dated May 3, 2024. This certification replaces the Certification issued on November 8,
2023. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of this Water Quality Certification. If
you change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be given a copy
of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].

This Water Quality Certification does not relieve the permittee of the responsibility to obtain all other
required Federal, State, or Local approvals before proceeding with the project, including those required
by, but not limited to, Sediment and Erosion Control, Non-Discharge, Water Supply Watershed, and
Trout Buffer regulations.

This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification shall not be interposed as a defense in any action respecting the
determination of riparian or littoral rights or other rights to water use. No consumptive user is deemed
by virtue of this Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.

Upon the presentation of proper credentials, the Division may inspect the property.

DocuSign Envelope ID: DCE797A7-E8F6-4D3B-8EA1-BFF959C2AD43

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

North Topsail Beach Bulldozing Dune Restoration
DWR# 20051996v2
Individual Certification #WQC006408
Page 2 of 7

This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.

Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.

If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from
the time the permittee becomes aware of the circumstances.

The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.

This approval and its conditions are final and binding unless contested [G.S. 143-215.5].

This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone].

A party filing a Petition must serve a copy of the Petition on:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 150B-23(a).

This letter completes the Division’s review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or [e-mail] if you have any
questions or concerns.

Sincerely,

Morella Sanchez-King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ – WiRO
DocuSign Envelope ID: DCE797A7-E8F6-4D3B-8EA1-BFF959C2AD43

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

North Topsail Beach Bulldozing Dune Restoration
DWR# 20051996v2
Individual Certification #WQC006408
Page 3 of 7

Electronic cc: Fran Way, consultant
Sarah Hair, USACE Wilmington Regulatory Field Office
Maria Dunn, NCWRC
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file

Filename: 20051996v2_North Topsail Beach Dune Restoration_IWQC_OnsloCo_Nov.23.docx

DocuSign Envelope ID: DCE797A7-E8F6-4D3B-8EA1-BFF959C2AD43

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

North Topsail Beach Bulldozing Dune Restoration
DWR# 20051996v2
Individual Certification #WQC006408
Page 4 of 7

NORTH CAROLINA 401 WATER QUALITY CERTIFICATION

CERTIFICATION #WQC006408 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina’s Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Alice Derian and Town of North Topsail Beach, who have authorization for
the impacts listed below, as described within your application received by the N.C. Division of Water
Resources (Division) on September 8, 2023, and by Public Notice issued by the Division of Coastal
Management on or about September 27, 2005.

The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditions
hereinafter set forth.

The following impacts are hereby approved. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]

Type of Impact

Amount Approved Plan Location or Reference
Intertidal beach bulldozing
*above MHW
*below MHW

35 acres (2,744,280 sq. ft.)

From Surf City Town Limits to
the New River Inlet

This approval requires you to follow the conditions listed in the certification below.

CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:

1. The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality Standards
for Class SC Waters.
(12) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5
except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions;
(19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds
this level due to natural background conditions, the existing turbidity level shall not be
increased.

Citation: 15A NCAC 02B .0220

Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule [including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.

2. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
DocuSign Envelope ID: DCE797A7-E8F6-4D3B-8EA1-BFF959C2AD43

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

North Topsail Beach Bulldozing Dune Restoration
DWR# 20051996v2
Individual Certification #WQC006408
Page 5 of 7

limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
3. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
Citation: 15A NCAC 02H .0506; 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity; wildlife; secondary contact recreation; agriculture); and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
4. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas
and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal,
State and Local regulations. Fertilizer application shall be accomplished in a manner that
minimizes the risk of contact between the fertilizer and surface waters.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
5. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a manner to prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B
.0231
DocuSign Envelope ID: DCE797A7-E8F6-4D3B-8EA1-BFF959C2AD43

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

North Topsail Beach Bulldozing Dune Restoration
DWR# 20051996v2
Individual Certification #WQC006408
Page 6 of 7

Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
6. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken
to minimize soil disturbance and compaction.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0231
Justification: Wetland standards require maintenance or enhancement of existing uses of
wetlands such that hydrologic conditions necessary to support natural biological and physical
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
7. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
8. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
DocuSign Envelope ID: DCE797A7-E8F6-4D3B-8EA1-BFF959C2AD43

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611
919.707.9000

North Topsail Beach Bulldozing Dune Restoration
DWR# 20051996v2
Individual Certification #WQC006408
Page 7 of 7

activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
9. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404 Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]

This, the 3rd day of May 2024

Morella Sanchez-King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ – WiRO

DocuSign Envelope ID: DCE797A7-E8F6-4D3B-8EA1-BFF959C2AD43
ATM
A Geosyntec Company
June 30, 2023
Heather Coats
Beach & Inlet Management Project Coordinator
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: Extension of CAMA Beach Bulldozing Permit 191-05
Ms. Coats,
The town of North Topsail Beach would like to extend its LAMA Permit for Beach Bulldozing (191-
05). Noting that any future work would require a modification (with specific details of the proposed
work to be supplied at the time of modification).
Thank you,
ATM of NC, a Geosyntec Company
Fran Way, PE
ATM of NC
Senior Coastal Engineer
RECEIVED
JUL 0 5 2023
MP SECTION WIRO
941 Houston Northcutt Blvd, Suite 201 1 Mount Pleasant, SC 29464 1843.414.1040

From:Coats, Heather
To:Hair, Sarah E CIV CESAW CESAD (US); WilmingtonNCREG; Harding, Kimberlee k; Love-Adrick, Rachel A; DCR -
Environmental_Review; natural.heritage; Padrick, Lee; Harris, David B; Dunn, Maria T.; Walton, Tim; Moser,
Mike; Hilliard, Wanda; Humphrey, Jeremy; Haines, Andrew; Hall, Christine; Sams, Dan; Cox, Heidi; Snider,
Holley; Baker, Caroline D; Goss, Stephanie; Meilinger, Michael J; Montalvo, Sheri A; Menefee-Dunn, Barbara A;
Styron, Heather M.
Subject:N. Topsail Beach bulldozing renewal request. 191-05
Date:Friday, September 8, 2023 4:23:00 PM
Attachments:ntb 23 renewal req. 191-05.pdf
NTB. 191-05. Renewal Circ Expired Memo.docx

Hi everyone,

Please refer to the attached renewal request along with the Laserfiche link below to
access attachments regarding the permit file materials associated with a renewal
request for an expired CAMA major permit. DCM has determined this project does not
qualify for a renewal under CRC rule 15A NCAC 07J.0404(b) and therefore cannot be
renewed unless circulated to resource agencies to provide comment on any changes
in circumstances or site conditions, or changes in your agency's rules or
development standards that warrant a new application and CAMA major permit
review.

Therefore, DCM is requesting that your agency review the above materials and
provide comment within 21 days of receipt of this email on any changes in site
conditions or rules that would prohibit DCM from issuing a permit renewal. If no reply
is provided within 21 days of receipt, then DCM will consider this as a NO
COMMENT from your agency.

Thanks again in advance and let me know if you have any questions or need anything
else!

Heather
https://edocs.deq.nc.gov/CoastalManagement/Browse.aspx?
id=315582&dbid=0&repo=CoastalManagement

September 8, 2023
MEMORANDUM:
FROM: Heather Coats, Beach & Inlet Management Permit Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Extension, Wilmington, NC 28405
[e-mail]
SUBJECT: CAMA Major Permit Renewal Review
Applicant: Town of Surf City Permit No: 190-05
Project Location: Oceanfront shoreline of Surf City, Pender/Onslow Counties.
DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project.

Please indicate below your agency's position or viewpoint on the proposed renewal request and return
this form to Heather Coats at the address above by September 29, 2023. If you have any
questions regarding the proposed project, contact Heather Coats at [phone]. When appropriate,
in-depth comments with supporting data is requested.
REPLY: _____ This agency has no objection to the renewal request as proposed.
**Additional comments may be attached**
_____ This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review. See
attached.
PRINT NAME______________________________________
AGENCY _____________________________________
SIGNATURE _____________________________________
DATE _________________________
Received: 9/19/2023
Historic Preservation Office
ER 05-2575
Due: 9/29/2023
SEE LETTER ~SBA
10/3/23
X
Renee Gledhill-Earley
Historic Preservation Office
10/4/23
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BPAXTON DAVIS
Director
September 8, 2023
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Heather Coats, Beach & Inlet Management Permit Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Extension, Wilmington, NC 28405
heather. coats(c deg.nc.gov
SUBJECT: CAMA Major Permit Renewal Review
Applicant: Town of N. Topsail Beach Permit No: 191-05
Project Location: Oceanfront shoreline of N. Topsail Beach, Onslow County.
DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project.
Please indicate below your agency's position or viewpoint on the proposed renewal request and return
this form to Heather Coats at the address above by September 29, 2023. If you have any
questions regarding the proposed project, contact Heather Coats at [phone]. When appropriate,
in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the renewal request as proposed.
**Additional comments may be attached**
This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review. See
attached.
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE QMAIei_ W Dian[
DATE October 4, 2023
EftEQ��
oeomomi m r�aomem.i mm�
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

North Carolina Wildlife Resources Commission
Cameron Ingram, Executive Director

Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

MEMORANDUM

TO: Heather Coats
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division

DATE: September 15, 2023

SUBJECT: CAMA Dredge/Fill Permit Renewal for North Topsail Beach, #191-05, Onslow
County, North Carolina.

Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
renewal with regard to impacts on fish and wildlife resources. The project site is located along the
Atlantic Ocean shoreline within the limits of the Town of North Topsail Beach. 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, the Endangered
Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48
Stat. 401, as amended; 16 U.S.C. 661 et seq.), the Magnuson-Stevens Fishery Conservation and
Management Act (FCMA), as amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16
U.S.C. 703-712 et seq.).

North Topsail Beach is proposing to renew Permit #191-05 that allows traditional beach bulldozing
methods along its managed ocean shoreline. Material would be pushed from the mean low low water line
landward along the beach profile at -1’ below grade to even out escarpments and rebuild the existing dune
system as needed. During the initial and subsequent reviews of this proposal, this activity is proposed to
occur only on a small scale to provide immediate repair to badly damaged dune systems after coastal
storms and between large scale nourishment events. It is assumed this is the continued management
practice.

The NCWRC participated in previous project reviews and understands the concern North Topsail Beach
has regarding beach erosion. We appreciate the proposed project standing as an island wide permit and
project area rather than left to individual property owners.

As mentioned previously, continued disturbance from beach bulldozing can have an adverse impact to the
benthic community and therefore the foraging habitat of shore and water birds. Population numbers of
Page 2

worms, crabs, and other micro fauna are lowered after such events; therefore, beach bulldozing should
only occur on an as needed basis and not as a regular maintenance activity, perhaps being triggered by a
set slope or shore grade based on the model used in the island’s coastal storm damage reduction plan.

The NCWRC does not object to permit renewal provided all conditions in Permit #191-05, including the
April 1 – November 15 moratorium, remain. These dates encompass both the shorebird and sea turtle
nesting moratoria and would provide protection for federally and state protected species such as piping
plover (Charadruis melodus), rufa red knot (Calidris canutus rufa) and the Kemp’s ridley (Lepidochelys
kempi), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and green (Chelonia mydas)
sea turtles. In the event of emergencies during this time, consultation with the US Fish and Wildlife
Service and the NCWRC should be initiated to determine the best response to minimize impacts to these
resources.

We appreciate the opportunity to review and comment on this permit modification. If you need further
assistance or additional information, please contact me at [e-mail] or [phone].

September 8, 2023

MEMORANDUM:

FROM: Heather Coats, Beach & Inlet Management Permit Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Extension, Wilmington, NC 28405
[e-mail]

SUBJECT: CAMA Major Permit Renewal Review

Applicant: Town of N. Topsail Beach Permit No: 191-05

Project Location: Oceanfront shoreline of N. Topsail Beach, Onslow County.

DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project.

Please indicate below your agency's position or viewpoint on the proposed renewal request and return
this form to Heather Coats at the address above by September 29, 2023. If you have any
questions regarding the proposed project, contact Heather Coats at [phone]. When appropriate,
in-depth comments with supporting data is requested.

REPLY: _____ This agency has no objection to the renewal request as proposed.
**Additional comments may be attached**
_____ This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review. See
attached.
PRINT NAME______________________________________

AGENCY _____________________________________

SIGNATURE _____________________________________

DATE _________________________

Mark Brown
Public Water Supply
9/12/23
x

September 8, 2023

MEMORANDUM:

FROM: Heather Coats, Beach & Inlet Management Permit Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Extension, Wilmington, NC 28405
[e-mail]

SUBJECT: CAMA Major Permit Renewal Review

Applicant: Town of N. Topsail Beach Permit No: 191-05

Project Location: Oceanfront shoreline of N. Topsail Beach, Onslow County.

DCM has determined this project does not qualify for a renewal under CRC rule 15A NCAC 07J.0404(b).
CRC rule 15A NCAC 07J.0404(c) allows the Division of Coastal Management to circulate the request to
commenting state agencies to determine if any changes in circumstances or in development
standards require a new application and CAMA major permit review. DCM is not aware of any
proposed changes to the previously authorized project.

Please indicate below your agency's position or viewpoint on the proposed renewal request and return
this form to Heather Coats at the address above by September 29, 2023. If you have any
questions regarding the proposed project, contact Heather Coats at [phone]. When appropriate,
in-depth comments with supporting data is requested.

REPLY: __X__ This agency has no objection to the renewal request as proposed.
**Additional comments may be attached**

_____ This agency has determined that circumstances or development standards have
changed and warrant a new CAMA major permit application review . See
attached.
PRINT NAME______Andrew Haines_________

AGENCY _NC DMF – Shellfish Sanitation and Recreational Water Quality Section__

SIGNATURE _____________________________________

DATE __9/10/2023____________

X
Lee Padrick
NC Commerce
9-8-23
Major Permit Fee Schedule
Project Name: County: (N5�L.J Check No & Amount: 'fTI ` z>/
-i-124
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024361000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% ($250)
0% ($0)
excavation of any wetlands or
open water areas:
II. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas:
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
$250
100% ($250)
0% ($0)
Certification No. 4175 can be applied:
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied:
III(C). If General Water Quality
Certification No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
III(D). If General Water Quality
$400
60% ($240)
40% ($160)
Certification No. 4175 cannot be applied:
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($285)
40% ($190)
of wetlands and/or open water areas:

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