20190264 Ver 2_Application Attachments_20211228

Permit Class
MODIFICATION/MAJOR
Permit Number
49-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,permit
Lr `it
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 Dare County, 954 Marshall C. Collins Drive, Manteo, NC 27954
Authorizing development in Dare County at Oregon Inlet, from the ocean bar channel to Old House
Channel
, as requested in the permittee's application dated 7/1/21, including attached
workplan drawings (8), dated 8/4/21, and AEC Hazard Notice dated 4/20/21.
This permit, issued on December 21, 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 a,tered herein, all development shall be carried out in accordance with the
attached workplan drawings.
Excavation
2) Excavation shall not exceed -14' MLLW (with a 2' overdredge allowance) in Oregon Inlet and the
ocean bar channel and -12' MLLW (with no overdredge allowance) in the channels labeled Oregon
Inlet to Hells Gate Channel and Old House Channel Range 1.
(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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Dare County- Oregon Inlet Maintenance Dredging Permit No. 49-19
Page 2 of 3
ADDITIONAL CONDITIONS
3) In accordance with commitments made by the permittee, sidecast dredging shall be limited to creation of
a pilot channel and shall not be the primary method of excavation.
4) In order to minimize adverse impacts to fisheries resources and in accordance with commitments made
by the permittee, no sidecast dredging activities shall occur from April 1 to July 31 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.
Cultural Resources
5) In accordance with commitments made by the permittee, prior to the initiation of any dredging activities
in or adjacent to the ocean bar channel, the permittee shall submit a plan depicting the three applicable
avoidance buffer areas adjacent to the channel. Initiation of permitted dredging activities shall not begin
until written approval of this plan is obtained from the N.C. Department of Natural and Cultural
Resources, and a copy of such approval has been submitted to the Division of Coastal Management.
6) There exists the possibility that the authorized activities may unearth a beached shipwreck or other
archaeological resources. Should such a finding occur, the permittee shall immediately move to another
area. The DNCR Underwater Archaeology Branch shall be contacted at [phone] to determine
appropriate response procedures.
General
7) Prior to the initiation of any dredging activities authorized by this permit, the permittee shall
demonstrate to DCM, in coordination with the appropriate resource agencies, that the dredge plant has
been constructed in accordance with the U.S. Army Corps of Engineers hopper dredge plant
specifications and that the dredge plant complies with the conditions of the Corps' 2004 FONSI.
8) 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
Pennit, the permittee shall adhere to all conditions of the Federal approval.
9) 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.
10) In order to ensure compliance with the conditions of this permit, and in order to ensure that each
proposed excavation event adheres to the limits of this permit authorization, the permittee and his
contractor shall schedule a pre -construction conference with the Division of Coastal Management, the
U.S. Army Corps of Engineers, and the N.C. Division of Water Resources prior to the initiation of any
dredging 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.
11) 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 fill and free use by
the public of all navigable waters at or adjacent to the authorized work for reasons other than safety.

Dare County- Oregon Inlet Maintenance Dredging Permit No. 49-19
Page 3 of 3
ADDITIONAL CONDITIONS
12) Any mitigative measures or environmental commitments specifically made in the application for this
project should be implemented, regardless of whether or not such commitments are addressed by
individual conditions of this permit.
13) This Major Modification shall be attached to the original of Permit No. 49-19, which was issued on
6/24/19, and copies of both 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.
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 previously assigned the proposed project Action 1D No.
SAW-2019-00175.
_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.