HomeMy WebLinkAbout20120181 Ver 2_DCM Permit_20210510Permit Class
MODIFCATION/MAJOR
Permit Number
14-02
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
omit
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 the Town of Holden Beach , PO Box 449, Holden Beach, NC 28462
Authorizing development in Brunswick County at the Atlantic Ocean, & the oceanfront shoreline of
Holden Beach
, as requested in the permittee's application: MP-1 & MP- 2 dated 11/24/20,
MP-3 dated 9/11/20, and including attached workplan drawings (28), as referenced in Condition No. 1 below.
This permit, issued on May 10, 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) Unless specifically altered herein, all development shall be carried out in accordance with the
attached workplan drawings (28), Sheets 1-28 dated 11/18/20.
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 or dune planting measures, or the use of any heavy
equipment shall occur on or waterward of the frontal dune from April 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.
r-pg, Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Holden Beach
ADDITIONAL CONDITIONS
Excavation
Permit No. 14-02
Page 2 of 4
3) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
4) In Borrow Area 1, in no case shall excavation exceed -43' NAVD 88 or exceed the dredge depths shown
for the areas indicated on Sheets 24-25.
5) In Borrow Area 2, in no case shall excavation exceed -41.5' NAVD 88 or exceed the dredge depths
shown for the areas indicated on Sheets 27-28.
Beach Nourishment
6) This Major Modification 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) 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).
NOTE: This Major Modification does not authorize the installation of sand fencing. Sand fencing shall
conform to the requirements of 15A NCAC 07K. 0212, or additional authorization from DCM,
in coordination with the appropriate resource agencies, shall be required.
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) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring
commitments made in, or submitted with, the permit application.
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. Dredge operations shall resume after resolution of the
issue of sand compatibility.
12) Additional native beach sampling shall be required 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.
Town of Holden Beach Permit No. 14-02
Page 3 of 4
ADDITIONAL CONDITIONS
13) Immediately upon completion of any phase of the beach nourishment project, and within 30 days prior
to May 1, monitoring shall be conducted to determine if there are any escarpments present that would
adversely affect sea turtle nesting and/or public access. If such escarpments are present, the permittee
shall coordinate with the Division of Coastal Management for necessary remediation.
14) Prior to the initiation construction, the permittee shall coordinate with the Division of Coastal
Management to determine if an additional static vegetation line shall be required. Any new static
vegetation line 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. The 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 large-scale beach nourishment
activities.
15) 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.
16) 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.
17) 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.
18) 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.
19) 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.
Cultural Resource Protection
20) 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 (910) 796-7215.
Town of Holden Beach Permit No. 14-02
Page 4 of 4
ADDITIONAL CONDITIONS
General
21) 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.
22) In order to ensure compliance of the authorized project with the conditions of this permit, 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 authorized
by this permit. 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.
23) Pipeline placement shall be coordinated with the Division of Coastal Management, the U.S. Army Corps
of Engineers, the U.S. Fish & Wildlife Service, and the N.C. Wildlife Resources Commission.
24) 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.
25) 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.
26) This Major Modification shall be attached to the original of Permit No. 14-02, which was issued to the
permittee as amended on 2/27/02, as well as all subsequent renewals and modifications, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
27) All conditions and stipulations of the active permit remain in force under this Major Modification unless
specifically altered herein.
28) 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.
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 N.C. Division of Water Resources has assigned the proposed project No. 2001 1836.
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.