20061275 Ver 2_Other Agency Comments_20100503

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Permit Class t p / Permit Number
NEW / 45-10
STATE OF NORTH CAROLINA
Department of Environmen
andt and Natural Resources a r. J1-I s
L5 ff
Coastal Resources Commission
,Permit EV?AY " ZCiC
?ENR • WATER QUAD 1
for WETLANDS AND SiCR;.ttitNTE t BRMCH
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 Nags Head, PO Box 99, Nags Head, NC 27959
Authorizing development in Dare County at Atlantic Ocean and Ocean Beach within Town
limits, as requested in the permittee's application dated 8/18/09. including the
attached drawings (26), 17 dated Apr. 2009 & 9 dated revised Oct. 2009, & attached AEC Hazard Notice dated 4/28/09
This permit, issued on April 29. 2010 , 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.
Excavation
l) Unless specifically altered herein, all excavation activities shall take place entirely within the areas
indicated on attached figures No. 02 (Overall Project Plan) and No. S 1 (Survey Track and Tie Lines)
and in accordance with the attached narrative dated 1/5/09.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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
September 3, 2014
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.
James . Gregson, Director
tvision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Nags Head
ADDITIONAL CONDITIONS
Cultural Resource Protection
Permit No. 45-10
Page 2 of 6
2) In order to.satisfy concerns with the North Carolina Department of Cultural Resources, and to protect
the two magnetic anomaly clusters identified in the report prepared by Tidewater Atlantic Research
entitled "A Phase I Remote Sensing Archaeological Survey of the Three Proposed Borrow Sites East of
Bodie Island, Dare County, North Carolina", there shall be a 400 foot diameter buffer zone around each
of the two anomalies. No excavation activities shall take place with these buffer areas without permit
modification.
Beach Nourishment
3) 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.
4) 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.
5) Prior to the initiation of any beach nourishment activity above the normal high water contour (NHW)
within the limits of the permittee's jurisdiction, easements or similar legal instruments shall be obtained
from all impacted property owner's.
6) Prior to the initiation of any beach nourishment activity, the permittee shall coordinate with the Division
of Coastal Management to determine the static vegetation line that shall be used as the reference point
for measuring future oceanfront setbacks. The static vegetation line, which is defined as the vegetation
line that existed within one year prior to the onset of initial project construction, shall be established
using on-ground observation and survey or aerial imagery. This static vegetation line shall then be
marked and a survey depicting this static vegetation line shall be submitted to the Division of Coastal
Management prior to any beach nourishment activities.
7) The seaward nourishment limit shall be conducted in accordance with the attached work plats labeled
"Project Plan" figures 3 -17 all dated April 2009.
8) 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.
9) 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 NCDCM. Dredge operations shall resume after resolution of the issue of sand compatibility.
10) 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.
Town of Nags Head
ADDITIONAL CONDITIONS
Permit No. 45-10
Page 3 of 6
11) 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.
12) 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.
13) 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.
14) 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 with reference to the surveyed normal high
water line and shall be revegated immediately following project completion in that specific area.
Mitigation and Monitoring
15;) The permittee shall fully implement the benthic monitoring plan as described in the attached "Draft
Proposed Benthic Monitoring Plan" dated April 2010, inclduing the following modifications to the
approved plan;
a) Samples stations within the swash and subtidal zones shall be defined with standardized (fixed)
stations that can be accurately relocated for all subsequent sampling events:
b) The northern control station shall be located in an area that will not be potentially renourished by
future nourishment projects (ie. USACE or Town of Kill Devil Hills):
C) The control stations shall be located +/- 4 miles north and +/- 4 miles south of the authorized
impact area, as opposed to the +/- 2 mile separations currently proposed:
d) Prior to the initiation of implementation of the benthic monitoring plan, the permittee shall
provide to the Division for approval a more specific plan on what organisms are proposed to be
identified, as well as what mesh size the applicant proposes to use to collect these organisms.
Town of Nags Head
ADDITIONAL CONDITIONS
Permit No. 45-10
Page 4 of 6
16) In order to ensure protection of sea turtles, the permittee shall implement the following survey activities
throughout the entire project area from May 1st through November 15`h for the duration of the authorized
project;
a) In each case of observation of sea turtles (nesting females, hatchlings or eggs), designated local
personnel shall immediately be notified:
b) If a sea turtle is observed in the project area during the project, all work shall immediately be
stopped within 500 ft. of the turtle. If the turtle successfully places a clutch of eggs on the beach,
work in the area shall not resume until the eggs can be relocated to a safe area. If the turtle
returns to the water without nesting, work may resume in the affected area:
c) If recently emerged hatchlings from an unmarked nest are observed, all work shall immediately
stop within 100 feet of the hatchlings, and all artificial lighting shall be extinguished within 500
feet of the hatchling to facilitate seafinding behavior of the hatchlings. Work shall not resume
within 100 feet of the emerged nest until authorized sea turtle volunteers can excavate the nest
and release any remaining hatchlings into the ocean:
d) Nests located in areas where beach nourishment material is to be placed prior to nest hatching
shall be relocated to typical nesting habitat on the beach outside of the project area. Nesting
surveys and egg relocations shall be conducted only by Wildlife Resources Commission
permitted personnel with prior experience and training. Only nests that will be affected by
construction activities may be moved:
e) If any nests or eggs are discovered during the project, all project activity shall immediately cease
within 50 feet of the location of the eggs or nest. Work in the affected area shall only resume
after receiving permission from Wildlife Resources Commission staff:
f) During beach nourishment activities, daily monitoring shall be conducted to determine if
escarpments have formed. Any escarpments greater than 18 inches that are present between May
V and August 30 shall be leveled. Monitoring outside the sea turtle nesting season shall be done
at least once every two weeks. Leveling activities shall be coordinated with the Wildlife
resources Commission prior to implementation. The permittee shall implement the escarpment
monitoring and associated leveling for three years post construction:
g) During the sea turtle season (May 1 through November 15), efforts shall be made to minimize
impacts to sea turtle access to the beach to the maximum extent possible by storing equipment
and materials off of the beach, perpendicular to the beach, or at the landward most area of the
beach that does not compromise dune integrity:
h) During the sea turtle season (May 1 through November 15), nighttime lighting associated with
nourishment activities shall be minimized. Lighting shall be limited to the immediate
construction area and shall be minimized through reduction, shielding, lowering, and appropriate
placement to avoid excess illumination of the water surface and nesting beach.
Town of Nags Head
ADDITIONAL CONDITIONS
Permit No. 45-10
Page 5 of 6
17) Unless specifically modified herein, all mitigative commitments and/or biological monitoring
commitments made during the environmental review process as found in the final Environmental Impact
Statement shall be adhered to.
General
18) This permit does not authorize the extension of any of the existing ocean outfalls that fall within the
project boundaries.
19) 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.
20) The permittee and his contractor shall schedule a pre-construction conference with the Division of
Coastal Management and the Wildlife Resources Commission prior to the initiation of any dredging or
mobilization activities.
21) The permitte shall obtain any necessary authorizations or approvals from the US Army Corps of
Engineers prior to initiation of any permitted activity. All conditions of the Federal approval shall be
adhered to.
22) The permittee and/or his contractor shall provide for proper storage and handling of all oils, chemicals
hydraulic fluids, etc., necessary to carry out the project.
23) The N.C. Division of Water Quality has authorized the proposed project under General Water Quality
Certification No. 3642 (DWQ Project No. 06-1275 V2), which was issued on 4/28/10. Any violation of
the Water Quality Certification shall also be considered a violation of this CAMA Permit.
24) 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 .0308(a)(2). In order to ensure compliance
with this condition, the Division of Coastal Management shall be contacted at [phone] prior to
project initiation so that Division staff may meet on site with the permittee and/or contractor.
25) 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.
26) 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.
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)(F), or in accordance with any variances granted by the N.C. Coastal Resources
Commission.
Town of Nags Head
ADDITIONAL CONDITIONS
Permit No. 45-10
Page 6 of 6
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: Future nourishment activities may require a modification of this permit. The permittee shall
contact a representative of the Division at [phone] prior to the commencement of any
such activity for the determination.
NOTE: The permittee is encouraged to make its contractors aware of existing utilities during ingress and
egress of the site to avoid damage to the utilities. Please contact the Dare County Water
Department to confirm the location of utilities in the area.