91-05 Minor Mod. 04/2014

Permit'-',lass Permit Number
MODIFICATION/MINOR 91-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
ermit CO
for
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 Ocean Isle Beach,Three West 3rd Street, Ocean Isle Beach,NC 28469
Authorizing development in Brunswick County at Atlantic Ocean and Ocean Isle
Beach , as requested in the permittee's letter dated 3/31/14, including the
attached workplan drawings(8), 2 dated 3/26/14 and 6 dated 3/28/14
This permit, issued on April 2, 2014 , 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, this minor modification authorizes the beach grading activities to
be carried out one (1) time, all as expressly and specifically set forth in the DCM modification
request dated 3/31/14. Any request to carry out additional beach grading activities shall require an
additional modification of this permit.
2) In order to protect threatened and endangered species and to minimize adverse impacts to intertidal
and beach resources, no beach grading activities shall occur from April 1 through November 15 of
any year without prior approval from the U.S. Army Corps of Engineers in consultation with the N.C.
Division of Coastal Management, the U.S. Fish and Wildlife Service and the N.C. Wildlife
Resources Commission.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. t/
Braxton C. Davis, Director
Any maintenance work or project modification not covered Division of Coastal Management
hereunder requires further Division approval.
All work must cease when the permit expires on RECMM This permit and its conditions are hereby accepted.
December 31,2014 APR 10 2014
In issuing this permit, the State of North Carolina
that your project is consistent with the North Carolina C"das a
Management Program. USignature of Permittee

Town of Ocean Isle Beach Permit#91-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) M s_'minor modification authorizes a one-time extension of the moratorium until April 30, 2014. All
'future events shall adhere to the moratorium dates as shown on the active permit.
4) No sand may be placed on any sand bags that have been determined by Division to be subject to
removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition,the
Division of Coastal Management shall be contacted at(910) 796-7215 prior to project initiation so that
Division staff may meet on site with the permittee and/or contractor. Dates of work initiation and
completion shall also be provided to the Division. If the entire authorized project is not done as one
continuous activity, street addresses shall be utilized to delineate phased work area(s) completed.
5) Equipment shall not be operated seaward of the mean low water elevation contour.
6) Beach grading activities shall be conducted in such a manner that a sufficient area waterward of the toe
of the dune,with sufficient elevation, is maintained to allow for unhindered pedestrian and emergency
vehicle passage at high tide.
7) This activity shall not significantly increase erosion on neighboring properties and shall not have a
significant adverse effect on important natural resources.
8) This permit does not grant any property rights or exclusive privileges.
9) No work may be done on any individual's private property without written consent of the property
owner(s).
Army Corps of Engineers Conditions
10) All equipment must use dedicated construction access points, as close to the work area as possible.
11) Beach grading activities must not be conducted within piping plover Critical Habitat Unit NC-16, at the
west end of Oak Island. In addition, if any work is to be conducted near the Critical Habitat Unit NC-
16,that work should be conducted as early as possible (i.e. work should begin at the western end of the
island and move east), in order to minimize potential impacts to piping plovers, red knots, and other
shorebirds.
12) All personnel involved in the grading process along the beach will be trained in recognizing the presence
of piping plovers and red knots prior to the initiation of the work on the beach. A contractor
representative authorized to stop or redirect work shall be responsible for conducting a shorebird survey
prior to 9:00 am each day of sand movement activities. The survey shall cover the work area and any
location where equipment is expected to travel that day. The contractor shall note on their Quality
Assurance form for each day any observance of red knots and/or piping plovers; and those forms, which
verify the observance of those species, shall be submitted to the USACE Wilmington District Office the
following day.

Town of Ocean Isle Beach Permit#91-05
Page 2 of 3
ADDITIONAL CONDITIONS
3) This minor modification authorizes a one-time extension of the moratorium until April 30, 2014. All
future events shall adhere to the moratorium dates as shown on the active permit.
4) No sand may be placed on any sand bags that have been determined by Division to be subject to
removal under 15A NCAC 07H .0308(a)(2). In order to ensure compliance with this condition, the
Division of Coastal Management shall be contacted at(910) 796-7215 prior to project initiation so that
Division staff may meet on site with the permittee and/or contractor. Dates of work initiation and
completion shall also be provided to the Division. If the entire authorized project is not done as one
continuous activity, street addresses shall be utilized to delineate phased work area(s) completed.
5) Equipment shall not be operated seaward of the mean low water elevation contour.
6) Beach grading activities shall be conducted in such a manner that a sufficient area waterward of the toe
of the dune, with sufficient elevation, is maintained to allow for unhindered pedestrian and emergency
vehicle passage at high tide.
7) This activity shall not significantly increase erosion on neighboring properties and shall not have a
significant adverse effect on important natural resources.
8) This permit does not grant any property rights or exclusive privileges.
9) No work may be done on any individual's private property without written consent of the property
owner(s).
Army Corps of Engineers Conditions
10) All equipment must use dedicated construction access points, as close to the work area as possible.
11) Beach grading activities must not be conducted within piping plover Critical Habitat Unit NC-16, at the
west end of Ocean Isle Beach. In addition, if any work is to be conducted near the Critical Habitat Unit
NC-16, that work should be conducted as early as possible (i.e. work should begin at the western end of
the island and move east), in order to minimize potential impacts to piping plovers, red knots, and other
shorebirds.
12) All personnel involved in the grading process along the beach will be trained in recognizing the presence
of piping plovers and red knots prior to the initiation of the work on the beach. A contractor
representative authorized to stop or redirect work shall be responsible for conducting a shorebird survey
prior to 9:00 am each day of sand movement activities. The survey shall cover the work area and any
location where equipment is expected to travel that day. The contractor shall note on their Quality
Assurance form for each day any observance of red knots and/or piping plovers; and those forms, which
verify the observance of those species, shall be submitted to the USACE Wilmington District Office the
following day.

Town of Ocean Isle Beach Permit#91-05
Page 3 of 3
ADDITIONAL CONDITIONS
13) The Service strongly recommends that all beach grading activities be completed prior to April 30,
including demobilization of all equipment from the beach. No activities should be authorized after April
30. If the Town of Ocean Isle Beach requests authorization for any work to be conducted on the beach
after April 30 (grading, scraping, demobilization, etc.), then the activity is likely to require a Biological
Opinion and Incidental Take Statement for potential impacts to nesting sea turtles.
General
14) This minor modification shall be attached to the original of Permit No. 91-05, which was issued on
6/28/05, as well as all other modifications, refinement, renewals and copies of all documents shall be
readily available on site when Division personnel inspect the project for compliance.
15) All conditions and stipulations of the active permit remain in force, including all timing restrictions,
under this minor modification unless altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvaria, III
Governor Secretary
April 2, 2014
Town of Ocean Isle Beach
Three West 3`d Street
Ocean Isle Beach,N.C. 28469
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 Ghapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center,Raleigh,NC 27611-6714,[phone] within twenty(20)days
of this decision on your permit.You should also be aware that if another qualified party submits a valid objection to the
issuance of this permit within twenty(20)days,the matter must be resolved prior to work initiation.The Coastal
Resources Commission makes the final decision on any appeal.
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 a1ltproject 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.
Sincerely,
Douglas V.Huggett
Major Permits and Consistency Manager
Enclosure
400 Commerce Avenue,Morehead City,North Carolina 28557
i Phone:[phone] FAX [phone] Internet:www.nccoastalmanagement.net
An Equal Opportunity/Affirmative Action Empbyer
I

DCM Coordinator: Permit#:
\�oS
MAILING DISTRIBUTION SHEET
Permitee: C A—
Agents:
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washi
ilmington
US ACOE Offices:
Washington: Ralei Bland �.-.
Wilmington: onme Smit
Cultural Resources: Renee Gledhill-Early or([e-mail])
Public Water Supply: Debra Benoy(WIRO)
Joey White (WARD)
NC DOT: Ken Pace
Shellfish Sanitation: Patti Fowler
State Property: Tim Walton
Water Resources: Karen Higgins (Raleigh)
John Hennessy(NC DOT)
Washington: Anthony Scarborough
Wilmington: Joanne Steenhuis—401
rn -
Lin a ewis - water
Wildlife Resources: Maria Dunn(WARO)
LPO:
Fax Distribution: Permitee#:
Agent#:

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
UPLY TO
ATTENTION OF:
April 10, 2014
Regulatory Division
i
mil-v5
Action ID No. SAW-2005-00360 and State Permit No.9'.!-'Tb
Town of Ocean Isle
Three West 3`d Street
Ocean Isle Beach, North Carolina 28469
Dear Sir/Madam:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to bull doze and grade the a depression along the beach between the
USACE Coastal Storm Damage Reduction Project and the erosion escarpment line from
Charlotte Street to Lumberton Street, on Ocean Isle Bach, Brunswick County, North Carolina.
On January 1, 2011, we renewed general permit No. 198000048, (copy enclosed), which
authorizes this type of work in navigable waters of the United States, in the State of North
Carolina, pursuant to Section 10 of the Rivers and Harbors Act of 1899.
Your work is authorized provided it is accomplished in strict accordance with your
submitted plans, the enclosed general conditions and the following special conditions:
1. All equipment must use dedicated construction access points that are located as
close to the work area as possible.
2. All personnel involved in the bulldozing process along the beach shall be trained in
recognizing the presence of piping plovers and red knots prior to the initiation of the
work on the beach. A contractor representative authorized to stop or redirect work
shall be responsible for conducting a shorebird survey prior to 9:00 a.m. each day of
sand movement activities. The survey shall cover the work area and any location
where equipment is expected to travel that day. The contractor shall note on their
Quality Assurance form for each day any observance of red knots and/or piping
plovers; and those forms,which verify the observance of those species, shall be
submitted to the USACE Wilmington District Office the following day.
3. All beach grading activities shall be completed prior to April 30, including
demobilization of all equipment from the beach.
R>rC�IV>y1�
APR 11 2014
DCM MHD CITY

-2-
Your proposed work is authorized if you can comply with all permit conditions. Please read
the enclosed permit to prevent an unintentional violation of Federal law. As this Department of
the Army regional general permit does not relieve you of the responsibility to obtain any other
required approvals, you should contact appropriate State and local agencies before beginning
work.
Thank you for your time and cooperation. If you have questions, please contact me at the
Wilmington Regulatory Field Office, telephone [phone]
Sincerel ,
Ronnie Smith, Project Manager
Wilmington Regulatory Field Office
Enclosures (2):
GP 48 Conditions
Plans
Copies Furnished (without enclosures):
Nkjonathan Howell .1
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
Ms. Kathy Matthews
U.S. Fish& Wildlife Service
Post Office Box 33726
Raleigh, North Carolina 27636

March 31, 2014
Mr.Jonathan Howell
Assistant Major Permits Coordinator
NC Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
RE: Major CAMA Permit#91-05
Dear Mr. Howell:
The Town of Ocean Isle Beach would like to request a minor modification to CAMA Major Permit#91-05
to place stockpiled sand from the AIWW Inlet crossing project in a void area between the USACE Coastal
Storm Damage Reduction Project and the erosion escarpment line. The required project drawings have
been sent by email.
Please let me know if you have any further questions or document requests.
Thank you,
Justin W. Whiteside
Planning& Inspections Director
Town of Ocean Isle Beach
cc: Daisy L. Ivey,Town Administrator
RECEIVED
APR 01 2014
DCM-MED CITY
TOWN OF OCEAN ISLE BEACH /THREE WEST THIRD STREET/ OCEAN ISLE BEACH, NORTH CAROLINA 28469
[phone] / Fax [phone] /www.oibgov.com