96-24 Town of Oaks Island

Permit Class Permit Number
NEW 96-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and DECEIVED
Coastal Resources Commission
12 2024
for "t"'.1k.i-NIHID CITY
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 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 report dated 6/3/24(PA-1253),
including attached workplan drawings(21), as referenced in Condition No. 1 below.
This permit, issued on August 21,2024 , 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.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (22), labeled Index 1-3 and 5-21 of 21, dated revised 5/23/24, and Index
4 of 21 dated 2/2/24. [07J .0202(c)]
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. [G.S. 113- 229(e); G.S. 113A-120;
07H .0312(4)(a)]
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ and the Chair
other qualified persons within twenty (20) days of the issuing of the Coastal Resources Commission.
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 For Tancred Miller, Director
Division of Coastal Mana ement
hereunder requires further Division approval. g
All work must cease when the permit expires on This pen-nit and its conditions are hereby accepted.
August 21,2029
In issuing this permit, the State of North Carolina agrees �(
that your project is consistent with the North Carolina Coastal
Management Program. Signature of Permittee

Town of Oak Island Permit No. 96-24
Page 2 of 4
ADDITIONAL CONDITIONS
3) In addition to the timing restrictions referenced in Condition No. 2 above, and in order to protect
threatened and endangered species within the inlet complex, no fill or beach nourishment activities,
including mobilization and demobilization, shall occur from April 1 to April 30 of any year at or
adjacent to Lockwoods Folly Inlet without prior approval from the Division of Coastal Management.
[G.S.113- 229(e); G.S. I I3A-120; 07H .0312(4)(a)]
Excavation
4) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
[07J .0202(c)]
5) Excavation shall in no case exceed -69' NAVD 88, or the maximum elevations for areas as shown on
Sheets 16, 20, 20A and 21 of 21, whichever is more restrictive. No allowable overdepth is authorized
beyond elevations shown. [07J .0202(c)]
6) This permit authorizes excavation activities to be carried out one (1) time within the requested borrow
area. Any request to carry out additional excavation activities may require a modification of this permit.
Beach Nourishment
7) This permit authorizes beach nourishment activities to be carried out one (1) time within the requested
project area. Any request to carry out additional activities may require a modification of this permit.
[07H .0208(8)(F)]
8) 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.
[G.S. 146-6(f)]
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.
9) 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). [G.S. 113-229(c)]
10) Unless specifically altered herein, the permittee shall. implement all mitigation and monitoring
commitments made in the permit application. [G.S. 113A-120(b); G.S.113-229(e)]
11) 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. RECEIVED
1 2 2024

Flnorder
Permit No. 96-24
Page 3 of 4
ADDITIONAL CONDITIONS
ent leakage, dredge pipes shall be routinely inspected. If leakage is found and repairs
immediately, pumping of material shall stop until such leaks are fixed. [G.S. 113A-
120(b); G.S.113-229(e)]
13) 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. [07H .0306(a)(7)]
14) 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. [G.S.
I I 3A-120(6)&(9), 15A 07H .0308(b)(1)&(8)]
NOTE: The permittee is advised that any new access site would require a modification of this permit.
15) 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). [7H .0308(b)]
16) 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. [7H .0308(b)]
17) In order to ensure compliance with Condition Nos. 15 and 16 above, an updated survey showing current
beach conditions shall be performed within three 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 approved by the DCM and USACE prior to initiation of work. An additional survey and approval
may be required in the case of a significant change in shoreline conditions. [7J .0209(c) & G.S. 113-
229(e), G.S. 113A-1201
18) 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 the NC Wildlife
Resources Commission(NCWRC)to interfere with sea turtle nesting or exceed 18 inches in height for a
distance of 100 feet or more shall be leveled and the beach profile reconfigured to minimize scarp
formation prior to May 1. Leveling activities shall be coordinated with the Wildlife Resources
Commission prior to implementation. [G.S. I I3-229(a); G.S. I I3-229(e); G.S. I I3A-120; 07H .0306(d)]
19) The seaward nourishment limit shall be constructed in accordance with approved work plans. [07J
.0202(c)]
NOTE: This permit does not authorize any sand fencing. Any sand fencing to be installed shall comply
with the conditions of the exemption described 15A NCAC 07K .0212. Any additional proposal
to install sand fencing exceeding the specifications of 15A NCAC 07K .0212 may require further
agency coordination and modification of the permit. The NC WRC requests any proposed sand
fencing and dune vegetation planting occur as much as possible outside the sea turtle nesting
season. Please contact the NCWRC for guidanceEW [glther sand fence installation or
dune planting events.
SEP 12 2024

Town of Oak Island Permit No. 96-24
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: Should disturbance landward of the first line of stable, natural vegetation exceed 1 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.
Cultural Resource Protection
20) 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(910) 796-7302. [07H .0306(b)]
General
21) 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. [G.S. 113-229(e)]
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. [07J .0406(b)]
23) 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.
[07H .0208(a)(2)(G)]
24) 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. [07H .0306(a)(7)]
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to the US Army
Corps of Engineers (USACE)and Bureau of Ocean and Energy Management(BOEM).
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW-2018-
02230.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR No. 2018-1344
v4.
NOTE: An application processing fee of$475 was renceeived by DCM for this project. This fee also
satisfied the Section 401 application proccessin E I V a i ements of the Division of Water
Resources.
SEP 12 2024
DCM-MHD CITY