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Home My WebLink About20081615 Ver 5_DCM Permit_20201012Strickland, Bev From: Coats, Heather Sent: Monday, October 12, 2020 1:54 PM To: Michael Rose; Jamie Pratt Cc: Hair, Sarah E CIV CESAW CESAD (US); Snider, Holley; MacPherson, Tara; Dail, Jason; Cannon, Amanda J; Pietila, Tanya K Subject: Topsail Beach minor mod 22-09 Attachments: topsail beach min mod.22-09.20-21 proj-10122020131711.pdf Hi Michael and Jamie, Here's the minor mod (attached) for continuation of Banks Channel dredging & beach nourishment for the Town. Jamie, as discussed, we had to omit the new "dune" extension at the south end as it was proposed, due to WRC concerns. Please let me, DWR and the ACE know when you all are ready to have a pre -con meeting with the contractor, as it will be important to go over permit conditions again. Thanks and as always, let me know if you have any questions. Heather Heather Coats Beach & Inlet Management Project Coordinator Division of Coastal Management North Carolina Department of Environmental Quality 910 796 7302 office heather. coatsa-ncdenr.gov 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. 1 Permit Class MODIFICATION/MINOR Permit Number 22-09 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit 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 Authorizing development in Pender County at Topsail Creek, Banks Channel, Atlantic Ocean & Ocean Beach, within Town limits, as requested in the permittee's application dated 7/l/20, and attached workplan dated 6/16/20. This permit, issued on October 12, 2020 , 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 )e suoiect to lines, imprisonment or civil action, or may cause Me permu to ue uuu anu vui(i. 1) Unless specifically altered herein, this Minor Modification authorizes the continued maintenance excavation of the Topsail Creek, the Cut -Through Channel, Banks Channel, and Side Channel 2, as well as the deposition of beach quality material on the previously approved ocean beach at Topsail Beach, as depicted in the attached workplan drawings. 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 April 1 to November 15 of any year without prior approval from the Division of Coastal Management in consultation with the appropriate resource agency personnel. (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 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z' Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. 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 Topsail Beach Permit No. 22-09 Page 2 of 3 ADDITIONAL CONDITIONS 3) Except as altered by Condition No. 4 below, all excavation and fill shall otherwise take place entirely within the areas indicated on the attached workplan drawings. 4) Due to resource agency concerns, the proposed dune construction between Stations 17+50 and 23+20, as depicted on Sheet 3, is hereby deleted. 5) In no case shall excavation exceed -16' MLW (with a maximum 2' overdredge allowance) in the non- PNA portion of the Cut -Though Channel and in Banks Channel from Station 0+00 to 40+00, -81MLW (with a maximum 2' overdredge allowance) in the PNA portion of the Cut -Through Channel, -12' MLW (with a maximum 2' overdredge allowance) in Topsail Creek and in Banks Channel from Station 40+00 to Station 245+00, and -7' MLW (with a maximum 2' overdredge allowance) in Side Channel 2. 6) This Minor Modification authorizes beach nourishment activities to be carried out one (1) time. Any request to carry out additional activities where nourishment activities have been completed under this permit shall require further modification of this permit. 7) 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. 8) 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. NOTE: The permittee is again 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. 9) 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. 10) 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. 11) The permittee and his contractor shall schedule a pre -construction conference with the Division of Coastal Management and the U.S. Army Corps of Engineers prior to the initiation of any activities authorized by this permit. Town of Topsail Beach ADDITIONAL CONDITIONS Permit No. 22-09 Page 3 of 3 12) Any sediment sample monitoring, dredging or as -built surveys required by the USACE shall continue to be provided to DCM. 13) This Minor 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. 14) All conditions and stipulations of the active permit remain in force under this Major Modification unless specifically altered herein. 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: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2013-00404. NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2008 1615. NOTE: A minor modification application processing fee of $100 was received by DCM for this project.