Topsail Beach 2023 Maj Mod final. 22-09

Permit Class Permit Number
MODIFICATION/MAJOR 22-09
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

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 Topsail Beach, 820 S. Anderson Blvd., Topsail Beach, NC 28445
Authorizing development in Pender County at Topsail Creek, Atlantic Ocean & ocean
beach within town limits , as requested in the permittee’s application dated 6/26/23, including attached
workplan drawings (26), referenced in Condition No. 1 of this permit.
This permit, issued on October 27, 2023 , 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.

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, 2028

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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

1) Unless specifically altered herein, all work shall be done in accordance with the permittee’s
application and work plan drawings (26), Sheets 1-20 and 25-26 dated 5/10/23, and Sheets 21-24
dated 5/9/23. [07J .0202(c)]

2) In order to protect threatened and endangered species and to minimize adverse impacts to offshore,
nearshore, intertidal and beach resources, no fill or beach nourishment activities, including
mobilization and demobilization, shall occur from April 1 to November 15 of any year without prior
approval from the Division of Coastal Management in consultation with the appropriate resource
agency personnel. [07H .0312(4)(b)]

(See attached sheets for Additional Conditions)

Town of Topsail Beach Permit No. 22-09
Page 2 of 4

ADDITIONAL CONDITIONS

Excavation

3) Excavation shall not exceed -16’ MLW (with a maximum 2’ overdredge allowance) in New Topsail
Inlet, the Banks Connector Channel and the non-PNA portion of the Cut-Through Channel, -12’ MLW
in Topsail Creek (with a maximum 2’ overdredge allowance), and -8’ MLW in the PNA portion of the
Cut-Through Channel (with a maximum 2’ overdredge allowance). [07J .0202(c)]

4) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
[07J .0209(a)]

Beach Nourishment

5) 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 the area where
nourishment activities have been completed under this permit shall require modification of this permit.
[07H .0208(8)(F)]

6) 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.
[G.S. 146-6(f)]

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. [G.S. 146-6]

7) 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. [G.S. 113-229(c)]

8) The seaward nourishment limit shall be constructed in accordance with the approved workplan
drawings. [07J .0202(c)]

9) The applicant shall continually monitor and inspect the material while active pumping is taking place.
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.

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 the leaks are fixed. [07J .0209(a)]

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. [07J .0209(a)]

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. [07H
.0308(b)(1)&(8)]

Town of Topsail Beach Permit No. 22-09
Page 3 of 4

ADDITIONAL CONDITIONS

NOTE: The permittee is advised that any new access site would require a modification of this permit.

13) 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 revegetated immediately following project completion in that specific area. [07H
.0308(b)(1)&(8)]

14) Visual surveys for profiles that may interfere with sea turtle nesting and ingress/egress of adults or
hatchlings (escarpments and troughs) within the project area shall be made immediately after completion
of sand placement, and within 30 days prior to May 1. Profiles that are determined by the NC Wildlife
Resources Commission (NCWRC) to interfere with sea turtle nesting and ingress/egress of adults or
hatchlings, or exceed 18 inches in height for a distance of l00 feet or more shall be leveled and the beach
profile reconfigured to minimize scarp formation prior to May 1. NCWRC shall be contacted
immediately if subsequent reformation of these profiles that interfere with sea turtle nesting or
escarpments that exceed 18” in height for a distance of 100’ occur during the nesting and hatching
season to determine the appropriate action to be taken. [7H .0306(d)]

NOTE: This permit does not authorize any sand fencing. 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.

Easement

15) An Easement from the Department of Administration’s State Property Office may be required. The
permittee shall contact the State Property Office at [phone] prior to the initiation of construction
to determine if such an easement will be required. [G.S. 146-11]

General

16) 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. [07J .0406(b)]

17) 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. [07J .0209(a)]

18) An updated survey showing current beach conditions shall be performed within 3 months of project
initiation for the entire project area and plans with updated survey conditions shall be submitted to DCM
and the USACE. These plans may be coordinated with the appropriate resources agencies and approved
by DCM prior to initiation of work. [G.S. 113-229(a)&(b)]

19) Unless specifically altered herein, the permittee shall implement all mitigation and monitoring
commitments made in the permit application. [07J .0202(c)]

Town of Topsail Beach Permit No. 22-09
Page 4 of 4

ADDITIONAL CONDITIONS

20) The permittee 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. [G.S. 113-229(a)]

21) 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. [07H .0306(a)(7)]

22) All conditions and stipulations of the active permit remain in force under this Major Modification,
unless specifically altered herein. [07J .0209(a)]

NOTE: This Major Modification shall be attached to the original Permit No. 22-09, which was issued on
2/27/09, 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.

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: 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.