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Home My WebLink About20081615 Ver 5_DCM Permit_20190305Strickland, Bev From: Coats, Heather Sent: Tuesday, March 05, 2019 8:29 AM To: Chris Gibson; Michael Rose; Hair, Sarah E CIV CESAW CESAD (US); Mairs, Robb L; Dail, Jason Subject: Topsail Beach mod- legible scan Attachments: TownTB 22-09.maj.mod.pdf Hi all, Shaun called my attention to an issue with the previous scan I sent, so she ran it again and I've attached a new and improved version. Apologies! Have a great day and let me know if you need anything else - H Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coatsancdenr.aov 127 Cardinal Drive Extension Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermt"t 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 Topsail Beach, 820 S. Anderson Boulevard, Topsail Beach, NC 28445 Permit Number 22-09 Authorizing development in Pender County at Tovsail Creek, Banks Channel, Atlantic Ocean & Ocean Beach, within Town limits, as requested in the permittee's application dated 11/30/17, and attached workplan drawings (39) as referenced in Condition No. 1 below. This permit, issued on March 4, 2019 , 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 tines, imprisonment or civu action; or may cause me permit to be nun ana vora. I) Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (39), Sheets 2-11, & 14-40, dated 7/13/18, & Sheets 12-13 dated 12/1/17; the attached "Permit Modifications" letter dated Received DCM Wilmington 6/29/18; and AEC Hazard Notice dated 1/7/14. 2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore, nearshore, intertidal and beach resources, no excavation, fill or beach nourishment activities, including mobilization and demobilization, shall occur from May 1 to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the appropriate resource agency personnel and subject to Condition No. 3 below. (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, 2022 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 Chairman of the Coastal Resources Commission. ,P - P,*- �� T'0+_ Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Topsail Beach ADDITIONAL CONDITIONS Excavation Permit No. 22-09 Page 2 of 4 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 dredging of intertidal areas, nor fill or beach nourishment activities, including mobilization and demobilization, shall occur from April 1 to April 30 of any year at or adjacent to Topsail Inlet without prior approval from the Division of Coastal Management, in consultation with the appropriate resource agency personnel. 4) Excavation shall not exceed -16' MLW (with a maximum 2' overdredge allowance) in New Topsail Inlet, the Banks Connector Channel & the non-PNA portion of the Cut -Through Channel, -12' MLW in Topsail Creek and Banks Channel (with a maximum 2' overdredge allowance), -8' MLW in the PNA portion of the Cut -Through Channel (with a maximum 2' overdredge allowance), and -7' MLW in Banks Side Channels 1 & 2 (with a 2' maximum overdredge allowance). 5) All excavation shall take place entirely within the areas indicated on the attached workplan drawings. 6) A portion of 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. New 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. 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. Beach Nourishment 8) This permit 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. 9) 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 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. 10) The seaward nourishment limit shall be constructed in accordance with the attached work plats. 11) 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). 12) Should excavation operations encounter sand deemed non -compatible with 15A NCAC 07H .0312 (Technical Standards for Beach Fill Projects), the contractor shall immediately cease operation and contact the Division of Coastal Management. Operations shall resume after resolution of the issue of sand compatibility. Town of Topsail Beach Permit No. 22-09 Page 3 of 4 ADDITIONAL CONDITIONS NOTE: The permittee is advised that it appears non -compatible material is present in the cut -through channel and areas within Banks Channel/Side Channel 2. Extra precautions should be exercised when dredging these areas. 13) 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. 14) Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality Section shall be notified so that any necessary swimming advisories may be posted. 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). All disturbed areas shall be restored to original contours and configuration and shall be revegetated immediately following project completion in that specific area. 16) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the development. 17) Once a section is complete, all heavy equipment shall be removed or shifted to a new section and the area graded and dressed to final approved slopes. 18) 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. 19) The authorized project shall not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt shall be made by the pemiittee 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. General 20) 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. 21) 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. 22) The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management prior to the initiation of any activities authorized by this permit. Town of Topsail Beach Permit No. 22-09 Page 4 of 4 ADDITIONAL CONDITIONS 23) No sand shall be placed on any sand bags that have been determined by the Division of Coastal Management 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. 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. 24) Any sediment sample monitoring, dredging or as -built surveys required by the USACE shall also be provided to DCM. 25) This Major Modification shall be attached to the original of Permit No. 22-09, which was issued to the permittee on 2/27/09, as well as all subsequent modifications, refinements and renewals, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. 26) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. 27) The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2008 1615v5 and is issuing through General Certification No. 4144. NOTE: The permittee's contractor is advised to contact the U.S.. Coast Guard at (910) 815-4895, ext. 108 to discuss operations and appropriate lighting, markers, etc. for all dredge equipment. 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: 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. NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW - 2013 -00404. 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.