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Home My WebLink About20201987 Ver 1_DCM Permit_20210422Permit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission C r mt t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to the Town of Oak Island, 4601 E. Oak Island Drive Oak Island NC 28465 Authorizing development in Island Brunswick Permit Number 31-20 County at the Atlantic Ocean & the oceanfront shoreline of Oak as requested in the permittee's application: MP-1 dated 7/29/20, MP-2 dated revised 12/17/20 and including attached workplan drawings (29), as referenced in Condition No. 1 below. This permit, issued on April 22, 2021 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 j Unless specifically altered herein, all development shall be carried out in accordance with the attached workplan drawings (29), Sheets 1-18 and 20-29 of which are dated 11/18/20; and Sheet 19 of 29 dated 9/25/20. 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, remediation measures, or the use of any heavy equipment shall occur on or waterward of the frontal dune (on the beach) from. May 1 to November 15 of any year without prior approval from the Division of Coastal Management, in consultation with the appropriate resource agencies. (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, 2024 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 Chair of the Coastal Resources Commission. ,e Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Oak Island ADDITIONAL CONDITIONS Permit No. 31-20 Page 3 of 5 12) Prior to the initiation of construction, the permittee shall coordinate with the Division of Coastal Management to determine if additional static vegetation line shall be required. 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. The static vegetation line(s) shall then be marked and a survey depicting this static vegetation line(s) shall be submitted to the Division of Coastal Management prior to any large-scale beach nourishment activities. 13) 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). 14) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring commitments made Ei a, or submitted with, the permit application. 15) 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. Dredge operations shall resume after resolution of the issue of sand compatibility. 16) The permittee shall sample the native beach to establish the number of large sediments and shell present and results submitted to DCM prior to the initiation of construction to demonstrate compliance with 15A NCAC 07H .0312. 17) 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. 18) 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. 19) 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. 20) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low protective dike shall be pushed up along the backbeach to prevent slurry from draining towards the development. 21) The seaward nourishment limit shall be constructed in accordance with approved work plans. 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. Town of Oak .Island Permit No. 31-20 Page 5 of 5 ADDITIONAL CONDITIONS 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. 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-2018- 02230. 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.