20081615 Ver 5_More Info Received_20190326

TI Coastal, PLLC
387-B North Green Meadows Drive
Wilmington, NC 28405
910.821.1358
Heather Coats
Beach & Inlet Management Project Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
TI _, oasla
SERV IC ES
RE: Request for Time Extension —Topsail Inlet Dredging and Beach Nourishment
Permits #71735 and #53-160
Dear Heather,
Thank you so much for all your efforts on this project. I realize trying to get things accomplished
quickly in the aftermath of storms can be very logistically challenging. On September 24 and 25,
immediately after Hurricane Florence, TI Coastal, PLLC performed detailed surveys of the beach and
nearshore to determine the sand losses from the storm. On October 10, 2018 NCDCM issued Permit
#71735 to reconstruct the dunes along the entire 23,900 feet developed shoreline within the Town.
Please see attached. The initial expectation was to haul sand from the ST Wooten owned mine off
Highway 421 in New Hanover County with the Town being reimbursed by FEMA. Our first meeting
with the local FEMA representatives was not until November 9, at which time the FEMA Beach
Specialists informed the Town that he did not expect FEMA to be able to approve a reimburse grant
for the beach project until sometime in 2020. At that time the Town shifted gears in order to find the
quickest and least cost alternative to protect the developed shoreline including the areas where there
were complete dune breaches from Hurricane Florence.
The week prior to Thanksgiving, the US Coast Guard pulled the buoys within Topsail Creek due to
excessive shoaling. The Town saw the shoaling as an opportunity to obtain the highest quality sand
for beach/dune restoration and restore navigation post -storm. The Town had in hand a Shallow Draft
Inlet Grant from the NCDWR, the `Shallow Draft 5" permit to dredge the federal channels within the
inlet complex, and the recent dune restoration permit #71735. By combining all of these, the Town
could expedite the permitting process and afford to do the project even if FEMA decided against
reimbursement.
Bids for the project were received on January 25, 2019. Cottrell Contracting Corp. was the low bidder
and was within 5% of the engineer's estimate. Cottrell was given an informal Notice to Proceed on
January 26 and a formal Award/NTP on February 14. At that time Cottrell had already begun
mobilizing. The Dredge Marion arrived on February 15 along with 3,000 feet of pipeline. Cottrell began
setting up, however the tug and pipeline required to make the connection from the initial dredging
point to the beach was held up at Poplar Island, MD and did not arrive on site until March 4 due to
weather. The remaining assembly was made immediately and dredging began on March 9.
On Wednesday, March 20, NCDCM gave the Town a verbal stop work order, due to the methods
constructing the dune. The issue was with regard to constraints within the "Shallow Draft 5" permit
regarding the maximum elevation the sand could be placed. The following morning, this issue was
resolved onsite with the Division, the contractor and the engineer, by agreeing to focus on beach pal
cement rather than dune construction. This should also expedite the contractor's overall production

TI oastal
SERVIG ES
as well. At this time, all work is completed south of Drum Avenue and no activity is expected in that
area from this point forward.
The Town and the Cottrell have done everything in their power to complete this important post storm
restoration within the standard moratorium. Within the past 15 days the contractor has completed
approximately 18% of the dredging operations. At this time we realize that the project cannot be
completed by March 31 as anticipated.
We are formally requesting an additional 6 weeks to complete the project, extending
the deadline May 15, 2019.
We do not believe this is an unreasonable or environmentally impactive request given the parameters
of the various permits currently valid for this project area and every effort will be made to minimize the
footprint of the activities throughout the projects duration. We believe the current dredging activities
are reasonably allowed within the context of the active permits and are described below.
The most recent Major Modification to the Town of Topsail Beach's Beach Inlet and Sound
Project NCDEQ #22-09 NCWRC and USFWS are not opposed to dredging or beachfill
activities on Topsail Beach during the month of April so long as we do not dredge intertidal
shoals or have activities in Serenity Point during that month. We are or than happy to meet this
request and do not foresee any reason for those to occur. We also anticipate that for the two
weeks in May we are requesting, that all activities, including demobilization will occur north of
Crews Street access next to the water tower in the central part of town.
2. The moratorium associated with the SDI -5 permit (Permit #53-160) appears to be to be related
to solely to the beach nourishment activities not the dredging per se. Dredging of the federal
channels with upland disposal in a CDF or side -cast methods appears to be allowed year
round which would be consistent with the USACE's authorization.
3. Permit #71735 for Emergency Dune Restoration, Sand placement on Topsail Beach was given
a waiver to the moratorium per USACE, NCWRC and USFWS. Please see attached Permit.
During dredging projects, the actual construction area is limited to a 400 to 600 foot long area
of disturbance at any given time. While a truck haul project which Permit #71735 allows,
includes an off-road trucks running every 4-6 minutes up and down nearly the entire length of
the beach. Overall the disturbance on the beach will be significantly less than if we have to
switch to the haul operations authorized.
Again, thank you for all your hard work on this and coordinating with the sister agencies. I realize that
all of you are as overwhelmed as we are right now trying to get our coastal communities restored.
Sincerely,
Chris Gibson, PE
President
TI Coastal, PLLC

4 tA r2-(ZICA Z► a-
XCAMA /XDREDGE & FILL �cc NO 71735 A B C O
GENERAL PERMIT Previous permit#
XNew ❑Modification ❑Complete Reissue LJ Partial Reissue Date previous permit issued
As authorized by the State of North Carolina, Department of Environmental Quality
and the Coas I Resources Commission in an of environmental concern pursuant to I SA NCAC Q r -i • S O 0
`/, ElRules attached.
Applicant an' Cts E1. �RSE)-ea
— oW^i °F �PSA-Y
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roject Location: County PMDEIR
Address -X O 13L vb . Street Address/ State Road/ Lot #(s)
CitycPSAu_ �EALN, State NG ZIP ?-g44,5 FyuoNT AIR EA of 1 PSA(L, 9"CH
Phone # (910) 328-- 5g4I E -Mail +cwnracwwwr V -fwswt6osck Subdivision A/1A
Authorized Agent A)//1 City c>aSAIL SrAC-N ZIP 28445'
Affected ❑ CW ❑ EW ❑ PTA ❑ ES ❑ PTS Phone # River Basin WHITE OAK
OEA ❑ HHF ❑ IH ❑ UBA ❑ N/A
AEC(s): Adj. Wtr. Body �inr". rt c OE-CA,4yman /unkn)
El PWS:
ORW: yes/ Co)PNA yes /0
Closest Maj. Wtr. Body Am -ANTIC ()c-SA.4
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Beach Bulldozing
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Shoreline Length Fac,,m 5Mw
SAV: not sure yes (bio —
Moratorium: n/a Yes
Photono
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Waiver Attached: Yes no
A building permit may be required by: /111A
( Note Local Planning jurisdiction)
Notes/ Special Conditions ^ADD ITI ,,>,-lAt— & ul st-F M,EAt —,5-
t:- 12 0 1
,SGQor t DCA -rte -- I ,ter- A n F -To i'sAlL- SeAc-
or
SigiiBture ** Please read compliance statement on back of permit
WAIVED ..itA
Application Fee(s) Check #
❑ See note on back regarding River Basin rules.
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Coastal Management
ENVIRONMENTAL QUALITY
May 16, 2016
Town of Topsail Beach
820 S. Anderson Street
Topsail Beach, N.C. 28465
Dear Sir or Madam:
PAT MCCRORY
arve„ Ir
DONALD R. VAN DER VAART
Sec elmy
BRAXTON DAVIS
Dh actor
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 Chapter
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
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
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 all project 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,
Dot las V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
Enclosure
Nothing Compares_
Sfa1e ofNoNh Carolina � Environmental Anality � Coastal Management
400 Commerce Avenue I Morehead City
, NC 28557
252-808-2808 T

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V e r m t
for
X Major Development in an
Area of Environrnental Concern
pursuant to NCGS 113A-118
Permit Number
5346
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Topsail Beach, 820 S. Anderson Street, Topsail Beach, NC 28465
Authorizing development in Pender County at the Atlantic Ocean, New Topsail Inlet, AIW W Crossing, & the
oceanfront shoreline of Topsail Beach , as requested in the permittee's application dated 2/9/15, including attached
workplan drawings (9), as referenced in Condition No. I below.
This permit, issued on May 6, 2016 , 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 ai tered herein, all development shall be carried ort in accordance with the
attached workplan drawings (9), labeled Figure 3, dated 5/4/15; "Attaclunent 3.2, Items 2-9", Items
2-3, dated 7/21/10; hem 4, dated 8/5/13; Item 5, dated 8/8/13; Item 6, dated 9/20/07; Item 7, dated
9/12/07; Item 8, dated "survey date 8/11'; Item 9 of 9, dated Received DCM Wilmington 5/12/15;
and AEC Hazard Notice dated 2/9/15.
.2) In order 'fo protect threatened and endangered species and to minimize adverse impacts to offshore,
nears ore, intertidal and each resources, no excavation or beach nourishment activities, including
mobilization and demobilization, shall occur from April 1 to November 15 of any year without prior
approval from the Division of Coastal Management in consultation with the Division of Marine
Fisheries, the North Carolina Wildlife Resources Commission, and the U.S. Army Corps of
Engineers.
This permit action may be appealed by the permittee or
:other qualified persons within twenty (20) days of the issuing
Signed by the authority of the Secretary of DEQ and the
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 llivision approval.
All work must cease when the permit expires
on
December 31, 2019
[nissuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Chairman of the Coastal Resources Commission.
Braxron 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. 5346
Page 2 of 7
3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
4) Excavation shall not exceed -8' MLW (with a maximum 2' overdredge allowance) in New Topsail Inlet,
-12' MLW at the AIWW crossing (with a maximum 2' overdredge allowance), and -7' MLW in Topsail
Creek and Banks Channel (with a 2' maximum overdredge allowance).
5) The temporary placement or double -handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
Beach Nourishment
6) 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.
7) Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division
of Marine Fisheries, Shellfish Sanitation Section shall be notified so that any necessary swimming
advisories may be posted.
'='8) Frior to initiation of brach nourislunent activity along each section of beach, the existing mean high
water line shall be surreyed, 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
proj ect.
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).
10) Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize
surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with
approved profiles upon completion of purnping activities in that particular section of beach.
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 and U.S. Army Corps of Engineers- Wilmington District
Office. Dredge operations shall resume after resolution of the issue of sand compatibility.
'12) 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.
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.

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 5346
Page 3 of 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.
NOT> : 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). 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.
Spoil Disposal (Non -Beach Compatible MateriaA
17) All non -beach compatible material shall be confined above normal high water and landward of regularly
or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
18) The disposal area effluent shall be contained by pipe, trough, or similar device to a. point at or beyond
the normal high water to prevent gully erosion and unnecessary siltation.
19) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
20) A water control structure. shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
21
22) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Cultural Resource Protection
23) 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 [phone] and the U.S. Army Corps of Engineers at (910)
251-4170.
The diked disposal area shall be
constructed a
sufficient distance from the
normal
high water or any
marsh to eliminate the
possibility
of dike erosion
into surrounding wetlands or
waters.
22) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Cultural Resource Protection
23) 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 [phone] and the U.S. Army Corps of Engineers at (910)
251-4170.

Town of Topsail Beach
ADDITIONAL CONDITIONS
U.S. Army Corns of Engineers Conditions
Permit No. 5346
Page 4 of 7
24) Dredging activities authorized by this permit shall not in any way interfere with the operations of the
Corps' civil works dredging and navigation projects.
25) All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources at [phone], and the North Carolina Emergency Management
Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
`26) The permittee shall advise the Wilmington DISTSICt, Regrilatory Division in writing at least 30 days prior
to beginning the work authorized by this permit. The contractor's name, phone number, and address,
including any inspector's contact name and phone number shall be provided to the Wilmington District
prior to any work.
27) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the
Rivers and Harbors Act shall be reported in writing to the Wilmington Regulatory Field Office, Attn:
Mr. Tyler Crumbley, Wilmington District U.S. Army Corps of Engineers, 69 Darlington Avenue,
Wilmington, NC 28403 within 24 hours of the permittee's discovery of the violation.
28) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -
project condition.
29) Prior to the commencement of construction of the authorized dredging or other work within the right-of-
way of, or in proximity to, a federally inaimained navigation channel, the permittee shall obtain all
necessary Consents to cross Government Easement from the Corps' Real Estate Division. The Real
Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, tel. [phone].
30) Activities proposed within the Corps Easements for use of Disposal Areas may require approval prior to
construction. Prior to commencing work associated with improvements or disposal on any designated
Disposal Area, the permittee shall coordinate with the Corps of Engineers, Real Estate Division for any
approvals needed to perform work within the Corps easement. The Real Estate Division may be
contacted at CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, tel. 910-
251-4474.
31) hi issuing this permit, the Federal Government does not assume any liability for: a) Damages to the
permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes; b) Damages to the permitted project or uses thereof as a result of current or future Federal
activities initiated on behalf of the general public; c) Damages to other permitted or unpermitted
activities or structures caused by the authorized activity; d) Design and construction deficiencies
associated with the permitted work; e) Damage claims associated with any future modification,
suspension, or revocation of this permit.

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 5346
Page 5 of 7
32) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army, or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due
notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States or the State of North Carolina on account of any such removal, relocation, or alteration.
33) The permittee shall notify NOAA/National Ocean Service Chief Source Data Unit N CS261, 1315 E
West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two (2) weeks prior to beginning work
and upon completion of work.
34) Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30 days' notice is
requested. The request will be sent to the Coast Guard District Five Office at:
USCG District Five (DPW)
431 Crawford Street
Portsmouth, VA 23704
Or Email:
[e-mail]
35) To address concerns from the United States Coast Guard: The following information shall be provided
10 days prior to dredge operations or any other activity that impacts the safe navigation on federal
waterways commences:
a) Dates (inclusive of operation).
b) Hours of operation (24 no hours only).
c) Names of the involved vessels(s).
d) Working and standby frequencies.
e) Specific location (Mile Marker/Channel).
f) Any specific instruction or concerns that would be pertinent to the mariner. (Note: We can only
provide information. We cannot direct the movements of vessels. We urge the mariner to adhere
to the requested actions.)
Submit the information to:
USCG Sector NC Waterways Division
721 Medical Center Drive
Wilmington, NC 28401
Or Email:
NCmarineeventsguscg mil
36) The permittee shall install an
d maintain, at his expense, any signal lights and signals prescribed by the
U.S. Coast Guard, tluough regulations or otherwise, on authorized facilities. For further information,
the permittee should contact the U.S. Coast Guard Marine Safety Office at telephone, [phone].

Town of Topsail Beach Permit No. 53-16
Page 6 of 7
ADDITIONAL CONDITIONS
37) 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, including, but not limited to,
the attached list of terms and conditions relating to the U.S. Fish and Wildlife Service Biological
Opinion, Essential Fish Habitat, and Hopper Dredging (SARBO).
NOTE: Should the U.S. Army Corps of Engineers modify one or more of the terms and conditions
referenced in Condition No. 37 of this Permit, this change to the terms and conditions shall be
considered to be officially incorporated into this Permit upon written notification to the Division
by the U.S. Army Corps of Engineers, provided that this change is not in conflict with a specific
Condition of this Permit.
General
38) 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.
39) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each
proposed excavation event follows the limits of the natural deep water channel, 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. 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 "pre -construction conference.
40) 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.
41) 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(")(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.
42) 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.
43) The permittee shall make every effort possible to minimize any negative impacts of trucks and
construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the
ability of individuals to access and enjoy the beach is not impeded outside of the construction limits.

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 53-16
Page 7 of 7
44) The N.C. Division of Water Resources has authorized the proposed project under iiR Project No.
2015-0642, which was issued on 7/20/15. Any violation of the Water Quality Certification shall also be
considered a violation of this CAMA Permit.
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 U.S. Army Corps of Engineers has assigned the proposed project Action ID No. SAW -2014-
02005.

Permit Class
NEW
Permit Number
53-16
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
X_ Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
1. X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Topsail Beach, 820 S. Anderson Street, Topsail Beach, NC 28465
Authorizing development in Pender County at the Atlantic Ocean, New Topsail Inlet, AIWW Crossing, & the
oceanfront shoreline of Topsail Beach , as requested in the permittee's application dated 2/9/15, including attached
workplan drawings (9), as referenced in Condition No. 1 below.
This permit, issued on May 6, 2016 , 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 (9), labeled Figure 3, dated 5/4/15; "Attachment 3.2, Items 2-9", Items
2-3, dated 7/21/10; Item 4, dated 8/5/13; Item 5, dated 8/8/13; Item 6, dated 9/20/07; Item 7, dated
9/12/07; Item 8, dated "survey date 8/11"; Item 9 of 9, dated Received DCM Wilmington 5/12/15;
and AEC Hazard Notice dated 2/9/15.
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, shall occur from April 1 to November 15 of any year without prior
approval from the Division of Coastal Management in consultation with the Division of Marine
Fisheries, the North Carolina Wildlife Resources Commission, and the U.S. Army Corps of
Engineers.
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, 2019
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.
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. 53-16
Page 2 of 7
3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
4) Excavation shall not exceed -8' MLW (with a maximum 2' overdredge allowance) in New Topsail Inlet,
-12' MLW at the AIWW crossing (with a maximum 2' overdredge allowance), and -7' MLW in Topsail
Creek and Banks Channel (with a 2' maximum overdredge allowance).
5) The temporary placement or double -handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
Beach Nourishment
6) 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.
7) Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division
of Marine Fisheries, Shellfish Sanitation Section shall be notified so that any necessary swimming
advisories may be posted.
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.
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).
10) Temporary dikes shall be used to retain and direct flow of material parallel to the shoreline to minimize
surf zone turbidities. The temporary dikes shall be removed and the beach graded in accordance with
approved profiles upon completion of pumping activities in that particular section of beach.
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 and U.S. Army Corps of Engineers- Wilmington District
Office. Dredge operations shall resume after resolution of the issue of sand compatibility.
12) 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.
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.

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 53-16
Page 3 of 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.
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). 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.
Spoil Disposal (Non -Beach Compatible Material)
17) All non -beach compatible material shall be confined above normal high water and landward of regularly
or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
18) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
the normal high water to prevent gully erosion and unnecessary siltation.
19) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.
20) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
21) The diked disposal area shall be constructed a sufficient distance from the normal high water or any
marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
22) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
Cultural Resource Protection
23) 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 [phone] and the U.S. Army Corps of Engineers at (910)
251-4170.

Town of Topsail Beach
ADDITIONAL CONDITIONS
U.S. Army Corps of Engineers Conditions
Permit No. 53-16
Page 4 of 7
24) Dredging activities authorized by this permit shall not in any way interfere with the operations of the
Corps' civil works dredging and navigation projects.
25) All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a
spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the
N.C. Division of Water Resources at [phone], and the North Carolina Emergency Management
Office at 1-800-858-0368, and provisions of the North Carolina Oil Pollution and Hazardous Substances
Control Act will be followed.
26) The permittee shall advise the Wilmington District, Regulatory Division in writing at least 30 days prior
to beginning the work authorized by this permit. The contractor's name, phone number, and address,
including any inspector's contact name and phone number shall be provided to the Wilmington District
prior to any work.
27) Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the
Rivers and Harbors Act shall be reported in writing to the Wilmington Regulatory Field Office, Attn:
Mr. Tyler Crumbley, Wilmington District U.S. Army Corps of Engineers, 69 Darlington Avenue,
Wilmington, NC 28403 within 24 hours of the permittee's discovery of the violation.
28) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -
project condition.
29) Prior to the commencement of construction of the authorized dredging or other work within the right-of-
way of, or in proximity to, a federally maintained navigation channel, the permittee shall obtain all
necessary Consents to cross Government Easement from the Corps' Real Estate Division. The Real
Estate Division may be contacted at: CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North
Carolina 28403-1343, tel. [phone].
30) Activities proposed within the Corps Easements for use of Disposal Areas may require approval prior to
construction. Prior to commencing work associated with improvements or disposal on any designated
Disposal Area, the permittee shall coordinate with the Corps of Engineers, Real Estate Division for any
approvals needed to perform work within the Corps easement. The Real Estate Division may be
contacted at CESAS-RE-MC, 69 Darlington Avenue, Wilmington, North Carolina 28403-1343, tel. 910-
251-4474.
31) In issuing this permit, the Federal Government does not assume any liability for: a) Damages to the
permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural
causes; b) Damages to the permitted project or uses thereof as a result of current or future Federal
activities initiated on behalf of the general public; c) Damages to other permitted or unpermitted
activities or structures caused by the authorized activity; d) Design and construction deficiencies
associated with the permitted work; e) Damage claims associated with any future modification,
suspension, or revocation of this permit.

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 53-16
Page 5 of 7
32) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army, or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due
notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or
obstructions caused thereby, without expense to the United States. No claim shall be made against the
United States or the State of North Carolina on account of any such removal, relocation, or alteration.
33) The permittee shall notify NOAA/National Ocean Service Chief Source Data Unit N CS261, 1315 E
West HWY- RM 7316, Silver Spring, MD 20910-3282 at least two (2) weeks prior to beginning work
and upon completion of work.
34) Should Federal Aids to Navigation need to be relocated to facilitate this operation, 30 days' notice is
requested. The request will be sent to the Coast Guard District Five Office at:
USCG District Five (DPW)
431 Crawford Street
Portsmouth, VA 23704
Or Email:
[e-mail]
35) To address concerns from the United States Coast Guard: The following information shall be provided
10 days prior to dredge operations or any other activity that impacts the safe navigation on federal
waterways commences:
a) Dates (inclusive of operation).
b) Hours of operation (24 hours/daylight hours only).
c) Names of the involved vessels(s).
d) Working and standby frequencies.
e) Specific location (Mile Marker/Channel).
f) Any specific instruction or concerns that would be pertinent to the mariner. (Note: We can only
provide information. We cannot direct the movements of vessels. We urge the mariner to adhere
to the requested actions.)
Submit the information to:
USCG Sector NC Waterways Division
721 Medical Center Drive
Wilmington, NC 28401
Or Email:
NCmarineeventskusc g. mil
36) The permittee shall install and maintain, at his expense, any signal lights and signals prescribed by the
U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information,
the permittee should contact the U.S. Coast Guard Marine Safety Office at telephone, [phone].

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 53-16
Page 6 of 7
37) 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, including, but not limited to,
the attached list of terms and conditions relating to the U.S. Fish and Wildlife Service Biological
Opinion, Essential Fish Habitat, and Hopper Dredging (SARBO).
NOTE: Should the U.S. Army Corps of Engineers modify one or more of the terms and conditions
referenced in Condition No. 37 of this Permit, this change to the terms and conditions shall be
considered to be officially incorporated into this Permit upon written notification to the Division
by the U.S. Army Corps of Engineers, provided that this change is not in conflict with a specific
Condition of this Permit.
General
38) 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.
39) In order to ensure compliance with the conditions of this Permit, and in order to ensure that each
proposed excavation event follows the limits of the natural deep water channel, 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. 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.
40) 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.
41) 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.
42) 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.
43) The permittee shall make every effort possible to minimize any negative impacts of trucks and
construction equipment on roadway and pedestrian traffic. The permittee should also ensure that the
ability of individuals to access and enjoy the beach is not impeded outside of the construction limits.

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 53-16
Page 7 of 7
44) The N.C. Division of Water Resources has authorized the proposed project under DWR Project No.
2015-0642, which was issued on 7/20/15. Any violation of the Water Quality Certification shall also be
considered a violation of this CAMA Permit.
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 U.S. Army Corps of Engineers has assigned the proposed project Action I D No.
SAW -2014-02005.

Q North Carolina Wildlife Resources Commission [,�
Gordon Myers, Executive Director
MEMORANDUM
TO: Heather Coats
NC Division of Coastal Management
FROM: Maria T. Dunn, Coastal Coordinator
Habitat Conservation Division
DATE: February 26, 2019
SUBJECT: CAMA Dredge/Fill Permit Modification #22-09, Town of Topsail Beach, Pender County,
North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
modification request with regard to impacts on fish and wildlife resources. The project site is located
within the waters of New Topsail Inlet, Banks Channel, Topsail Creek, the Banks Channel Connector,
and 4.56 miles of oceanfront shoreline in Topsail Beach, NC. Our comments are provided in accordance
with provisions of the Coastal Area Management Act (G. S. I I3A-100 through I I3A-128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act
(48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The Town of Topsail Beach proposes to modify existing USACE Permit # SAW -2013-0040 and NC
Division of Coastal Management Permit # 22-09 to perform maintenance dredging and dredge footprint
expansion with placement of beach quality material on the oceanfront beach. A public notice was
circulated by the USACE that was reviewed and commented on by NCWRC (Dunn 30 April 2018).
Comments were also submitted on a permit application circulated by NC Division of Coastal
Management (NCDCM) (Dunn 17 August 2018). Several state and federal resource agencies expressed
concern regarding the project proposal. Subsequent discussion, consultation and changes were made to
the permit application to address impacts to primary nursery areas (PNA) and foraging habitats for
wintering piping plover (Charadrius melodus) and red -knot (Calidris canutus Tufa). A biological opinion
(BO) has been received by the applicant from the US Fish and Wildlife Service (USFWS) to address
impacts to listed species since the original permit application submittal.
The NCWRC has reviewed the project changes and has considered the avoidance and minimization
measures presented to minimize impacts to wildlife resources such as shorebirds and sea turtles. We do
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

not object to the new channel alignment and project area due to the channel's repositioning father away
from piping plover and red knot wintering habitat. New dredging within the PNA has also been
eliminated. There are still considerable important habitat areas within the project, so measures should be
in placed to protect important wildlife resources. The NCWRC supports moratoria requested by the NC
Division of Marine Fisheries (NCDMF) to protect marine fishery resources. In addition, we request a
May 1 — November 15 moratorium for beach placement activities (including mobilization and
demobilization) to protect nesting sea turtles. Often an April 1 — August 31 moratorium is requested to
protect nesting shorebirds. This overlaps with the nesting sea turtle moratorium with exception to the
month of April. The NCWRC will not request the month of April if all construction equipment and
activity is kept off the bare sand area adjacent to the inlet (the inlet spit) and no intertidal areas (shoals)
within the project area are dredged throughout the month. The Town previously installed a pipe through
the dune system that should allow nourishment activities without disturbance to this adjacent inlet beach
area.
The NCWRC appreciates the opportunity to review and comment on this permit modification. Please
contact me at [phone] or at maria.dunn(c-r�,ncwildlife.org with any additional information,
comments, or questions.