20141002 Ver 1_DCM Permit_20141020

Permit Class
NEW (Express Permit Program)
Permit Number
89-14
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A -118
Excavation and/or filling pursuant to NCGS 113 -229
Issued to Town of North Topsail Beach, c/o Stuart Turille, 2008 Loggerhead Ct., North Topsail Beach, NC 28460
Authorizing development in Onslow County ad'. to New River, Inlet, the ,,-Atlantic Ocean and Heath Creek at
3960 River Road kLot #1)-, New River Inlet Road southwest of Crystal Shores .& 0sprey.,Court Lot 42), and
3623 Island Drive, (Lot 44), North Topsail Beach as requested in the permittee's application dated 8/25/14 (MP -1,
MP-3 & MP-4) and received 9/1,0/14, including the attached workplan drawings dated 8125/14 (Sheets 1-5 & 8 of
8) and 9/9/14 (Sheet 7 of 8) and Ocean Hazard Notices dated 8/15/14 & 8/19/14.
This permit, issued on October 17, 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 s ib ect to lines imprisonment or civil action; or may cause the permit to be null and void.
Upland Development
1) Unless specifically altered herein, this permit authorizes only the land disturbing associated with
establishment of parking Lots #1, #2 and 44, all as expressly and specifically set forth in the pen-nit
application and depicted on the attached work-plat drawings. Any additional land disturbing
activities and/or construction shall be evaluated, on a case-by-ease basis, by a representative from the
Division of Coastal Management (DCM) to determine additional pen-nit requirements. Contact a
representative of the Division at (91 0) 796-7215 prior to the commencement of any such activity for
this determination.
(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, 2017
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 DENR and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Town of North Topsail Beach
Ocean Hazard Area Development
Permit # 89-14
Page 2 of 4
2) Prior to the initiation of construction within the Ocean Hazard AEC, the permittee shall stake, and a
Division representative shall approve, the first line of stable natural vegetation and the corresponding
small structure setbacks. These setback determinations shall replace those done at the time the permit
application was processed and approved. Construction shall begin within sixty days of this
determination or the measurement is void and shall be re-established. In the case of a major shoreline
change within that period, a new setback determination shall be required before construction begins.
3) With the exception of the authorized beach access walkways and platforms, all structures shall be
located entirely landward of the small (60 ft.) structure development setback line. This setback shall
apply to each of the three parking lots.
4) All buildings located within the Ocean Hazard AEC shall be elevated on pilings with a diameter of at
least eight (8) inches and shall have a tip penetration greater than eight (8) feet below the lowest ground
elevation under the structure.
5) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are
inconsistent with any AEC standards, the more restrictive standard shall apply.
6) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently
threatened by changes in shoreline configuration. The structure(s) shall be relocated or dismantled
within two (2) years of the time when it becomes imminently threatened, and in any case, upon its
collapse or subsidence. However, if natural shoreline recovery or beach re-nourishment takes place
within two (2) years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the pen-nit holder's right to seek authorization of temporary protective measures allowed
under CRC Rules,
NOTE: The permittee is advised that 15A NCAC 07H .0308(a)(1)(B) prohibits permanent erosion
control structures within the Ocean Hazard Area of Environmental Concern (AEC).
Access Pier and K;1
_ yak Launching Facility
7) Unless specifically altered herein, this permit authorizes only the access pier and kayak-launching
facility, all as expressly and specifically set forth in the permit application and workplan drawings. No
other structure, whether floating or stationary, shall become a permanent part of this facility without
permit modification. No non-water dependent uses of structures shall be conducted on/in or over public
trust waters without permit modification.
8) This permit does not authorize any formalized boat slips.
9) No portion of the permitted kayak facility shall extend more than 1/4 the width of the waterbody, as
measured from the waterward edge of the coastal marsh to the opposing waterward edge of coastal
marsh.

Town of North Topsail Beach
Permit # 89-14
Page 3 of 4
10) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party,
11) Any portion of the permitted access pier constructed over Coastal Wetlands shall not exceed six feet in
width and shall be elevated a minimum of three feet over the wetland substrate as measured from the
bottom of the decking.
12) No attempt shall 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.
13) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
14) It is possible that the authorized structures may be damaged by wave wash from passing vessels. The
issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity
of the permitted structure. The permittee shall not hold the State of North Carolina nor the United States
liable for any such damage.
15) This permit does not authorize the placement of any tie piles in association with the permitted structures.
16) Should either lot adjacent to the layak launch facility be sold prior to the initation of construction of the
launch facility, the permittee shall obtain a written agreement from the new owner(s) waiving the 15
foot riprarian cooridor setback minimum setback and submit it to the Division of Coastal Management
prior to initiating construction of the docking facility.
17) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
Stormwater Management
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) The Division of Energy, Mineral and Land Resources, Stormwater Section approval of this project under
stormwater management rules of the Environmental Management Commission is covered by way of
Stormwater Pen-nit No. SW8140901, submitted on 912114, which is currently under review. No land
disturbing activity shall take place until the permit has been obtained. Any violation of the permit
approved by the DEMLR will be considered a violation of this LAMA permit.

Town of North Topsail Beach Permit # 89-14
Page 4 of 4
Sedimentation and Erosion Control
20) All disturbed areas shall be properly graded and provide a ground cover sufficient to restrain erosion
within thirty days of project completion.
21) Appropriate sedimentation and erosion control devices, measures or structures (e.g. silt fence, diversion
swales or berms, etc.) shall be implemented to ensure that eroded materials do not enter adjacent
wetlands, watercourses and/or properties.
22) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of
any phase of grading on cut or filled slopes.
NOTE: The permittee has received a Sedimentation and Erosion Control Plan for the Parking Lot
Beach Access project (Permit No. ONSLO-2015-021). Should the permittee choose to
modify/amend the existing permit, he or she should contact the Division of Energy, Mineral, and
Land Resources; Land Quality Section, at 127 Cardinal Drive Extension, Wilmington, NC
28405.
General
23) No Coastal Wetlands or open water area shall be excavated or filled, even temporarily.
24) The permittee and/or his contractor is urged to meet with a representative of the Division prior to project
initiation.
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 building code or flood damage prevention ordinance may impose additional more restrictive
requirements than the Division's standards for development in areas of environmental concern
(AECs).
NOTE The U.S. Army Corps of Engineers has assigned the proposed projects COE Action Id. No.
SAW- 2007 - 001396 (Lot #I); SAW -2014 -01810 (Lot #2); and SAW-2014-01242 (Lot #4).
NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water
Quality Certification No. 3 883 (DWR Project #2014-1002), which was issued on 10/2114 for Lot
44.