20211203 Ver 1_DCM Permit_20220105

Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
C.,rIt
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 Nags Head, PO Box 99, Nags Head, NC 27959
Permit Number
45-10
Authorizing development in Dare County at Atlantic Ocean, from a point south of Jennette's
Pier to the Nags Head southern town limit, as requested in the permittee's application dated 8/5/21, incl_ attached
workplan drawings (19), referenced in Condition No_ 1 of this permit, &. Ocean Hazard ARC Notice dated 3/29121,
This permit, issued on January 5 2022 , 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 work shall be done in accordance with the permittee's
application and work plan drawings (19), dated 8/31/21 (Sheets 1, 4, 6-9), and 7/9/21 (Sheets 2-3, 5,
and 10-19).
Excavation
2) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
3) In no case shall excavation exceed -66' NAVD 88 (with no overdredge allowance), nor shall
excavation exceed the dredge depths shown in the areas indicated on Sheets 6-7 of 19.
(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 trust cease when the permit expires on
December 31, 2025
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
R r Kraxton 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 Nags Head
ADDITIONAL CONDITIONS
Beach Nourishment
Permit No. 45-10
Page 2 of 4
4) Prior to initiation of beach nourishment activities 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 Wafter level as a result of this
project.
5) Prior to the initiation of any beach nourishment activity above the mean high water contour (MHW)
within the limits of the permittee's. jurisdiction, easements or similar legal instruments shall be obtained
from all impacted property owners.
6) The seaward nourishment limit shall be conducted in accordance with the approved workplan drawings_
7) 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 NCDCM_ Dredge operations shall resume after resolution of the issue of sand compatibility.
S) 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 the leaks are fixed.
9) 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_
10) - 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 may require a modification of this permit.
U) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low
protective dune shall be pushed along the backbeach to prevent slung from draining towards the
development.
1 2) This permit does not authorize any impacts to the dune system in the project area. Any alteration of
existing dunes shall be .coordinated with the Division of Coastal Management, as well as the appropriate
property owner(s), and a modification of this permit may be required.
13) In accordance with: commitments made by the permittee, no sand fencing is authorized by this Major
Modification_ Any additional proposal to install sand fencing exceeding the specifications of 15A
NCAC 07K .0212 shall require further agency coordination and modification of the permit.

Town of Nags Head
ADDITIONAL- CONDITIONS
Cultural Resources Protection
Permit No. 45-10
Page 3 of 4
14) In accordance with commitments made by the permittee, and to protect the magnetic anomalies in
borrow area and magnetic and acoustic anomalies .in Pipeline Corridor C2, no work shall occur within
the 400' buffer avoidance areas identified on the permit drawings without further coordination and
approval.
Mitigation and Monitoring
15) Unless specifically modified herein, the permittee shall implement all mitigation and/or monitoring
commitments made in the permit application.
NOTE: In order to provide more complete baseline data on the cumulative impacts of dredging and
beach nourishment projects, the permittee is also encouraged to perform the benthic monitoring
recommended by the NC Division of Marine Fisheries.
General
16) This permit authorizes excavation and beach nourishment activities to be carried out one (1) time along
the requested project area. Any request to carry out -additional activities within an area where activities
have been completed under this permit shall require modification of this permit.
i 7) 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.
18) The permittee and his contractor shall schedule a pre -construction conference with the Division of
Coastal Management, U.S. Army Corps of Engineers and the Wildlife Resources Commission prior to
the initiation of any dredging or mobilization activities.
19) -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.
20) Any sediment sample monitoring, dredging or as -built surveys required by the USAGE shall also be
provided to DCM.
21) -The N.C. Division of Water Resources has authorized the proposed project under Certification No_ 4571
(DWR Project No. 2021-0585vl). Any violation of the Water Quality Certification shall also -be
considered a violation of this CAMA Permit.
22) 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] or
[phone] prior to project initiation so that Division staff may meet on site with the permittee
anchor contractor.

Town of Nags Head Permit No. 45-10
Page 4 of 4
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)(F), or in accordance with any variances granted by the N-C. Coastal Resources
commission.
23) 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.
24) The permittee shall make every effort possible to minimize any negative impacts of trucks and
construction equipment on roadway and pedestrian traffic. The permittee shall also ensure that the
ability of individuals to access and enjoy the beach is not impeded outside of the construction limits.
25) This Major Modification shall be attached to the original Permit No. 45-10, which was issued on
4/29/10, as well as all subsequent renewals, refinements, and modifications, and copies of all documents
must be readily available on site when Division personnel inspect the project for compliance.
26) All conditions and stipulations of the active permit remain in force under this Major Modification,
unless specifically altered herein.
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.
'_MOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that .may be required.
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.