20081615 Ver 1_DCM Permit_20190304

Strickland, Bev
From: Coats, Heather
Sent: Monday, March 04, 2019 1:35 PM
To: Chris Gibson
Cc: Hair, Sarah E CIV CESAW CESAD (US); Mairs, Robb L; Dail, Jason
Subject: Topsail Beach Major Mod 22-09
Attachments: topsail beach maj mod.22-09-03042019130914.pdf, CMDF -Topsail Inlet 2-26-19
_NCWRC.PDF
Hi Chris,
Please see the attached major modification of Topsail Beach's permit 22-09. The hard copy will also go out by mail.
Please keep in mind the Town still needs ACE permit approval, the 401 certification from DWR and a pre -construction
meeting with us prior to initiating any work under this permit. Please also note the April 1 moratorium for any
performed at or immediately adjacent to the inlet, which includes dredging of any intertidal areas at the inlet, in
accordance with Maria's comments (attached).
Just let me know if you have any questions regarding the permit conditions/authorization or if I can be of further
assistance in any way. Also, can you please give me a quick update on the status of the Town's work under the SDI -5
permit (53-16)? Have they started work yet?
Thanks,
Heather
Heather Coats
Beach & Inlet Management Project Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather. coats(a)ncdenr.gov
127 Cardinal Drive Extension
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Permit Class
MODIFICATION/MAJOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
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 Boulevard, Topsail Beach, NC 28445
Permit
22-09
Authorizing development in Pender County at Topsail Creek, Banks Channel, Atlantic
Ocean Beach, within Town limits, as requested in the permittee's application dated 11/30/17, and attached work _K
drawings (39), as referenced in Condition No. 1 below.
This permit, issued on March 4, 2019 is subject to compliance with the application (where corL sit s
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terTY-3w s
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 (39), Sheets 2-11, & 14-40, dated 7/13/18, & Sheets 12-13 dated
12/1/17; the attached "Permit Modifications" letter dated Received DCM Wilmington 6/29/18; -ir3wiLd
AEC Hazard Notice dated 1/7/14.
2) In order to protect threatened and endangered species and to minimize adverse impacts to offslio.=
nearshore, intertidal and beach resources, no excavation, fill or beach nourishment activi�iE
including mobilization and demobilization, shall occur from May 1 to November IS of anyire
without prior approval from the Division of Coastal Management in consultation with the appropT e 2
resource agency personnel and subject to Condition No. 3 below.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DEQ
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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, 2022
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
,R�- Jt-
T -o&_ Braxton- C. Davis,
Division of Coastal Managezz
This permit and its conditions are hereby accepted.
Signature of Pe>r—� >■

Town of Topsail Beach
ADDITIONAL CONDITIONS
Excavation
Permit No. 22-09
Page 2 of 4
3) In addition to the timing restrictions referenced in Condition No. 2 above, and in order to protect
threatened and endangered species within the inlet complex, no dredging of intertidal areas, nor fill or
beach nourishment activities, including mobilization and demobilization, shall occur from April 1 to
April 30 of any year at or adjacent to Topsail Inlet without prior approval from the Division of Coastal
Management, in consultation with the appropriate resource agency personnel.
4) Excavation shall not exceed -16' MLW (with a maximum 2' overdredge allowance) in New Topsail
Inlet, the Banks Connector Channel & the non-PNA portion of the Cut -Through Channel, -12' MLW in
Topsail Creek and Banks Channel (with a maximum 2' overdredge allowance), -8' MLW in the PNA
portion of the Cut -Through Channel (with a maximum 2' overdredge allowance), and -7' MLW in
Banks Side Channels 1 & 2 (with a 2' maximum overdredge allowance).
5) All excavation shall take place entirely within the areas indicated on the attached workplan drawings.
6) A portion of the authorized project is located within a primary nursery area (PNA). Therefore, in
accordance with TI5A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging
or excavation within the PNA shall be permitted. New dredging in any manner, including "kicking"
with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the
entire existence of the permitted structure.
7) 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.
Beach Nourishment
8) 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 an area where
nourishment activities have been completed under this permit shall require a modification of this permit.
9) 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.
10) The seaward nourishment limit shall be constructed in accordance with the attached work plats.
11) 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).
12) Should excavation operations encounter sand deemed non -compatible with 15A NCAC 07H.0312
(Technical Standards for Beach Fill Projects), the contractor shall immediately cease operation and
contact the Division of Coastal Management. Operations shall resume after resolution of the issue of
sand compatibility.

Town of Topsail Beach Permit No. 22-09
Page 3 of 4
ADDITIONAL CONDITIONS
NOTE: The permittee is advised that it appears non -compatible material is present in the cut -through
channel and areas within Banks Channel/Side Channel 2. Extra precautions should be exercised
when dredging these areas.
13) 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.
14) Prior to any nourishment activities occurring between April 1 and October 31 of any year, the Division
of Marine Fisheries, Shellfish Sanitation and Recreational Water Quality Section shall be notified so that
any necessary swimming advisories may be posted.
15) 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 and shall be revegetated immediately following
project completion in that specific area.
16) Where oceanfront development exists at elevations nearly equal to that of the native beach, a low
protective dune shall be pushed up along the backbeach to prevent slurry from draining towards the
development.
17) Once a section is complete, all heavy equipment shall be removed or shifted to a new section and the
area graded and dressed to final approved slopes.
18) 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.
19) The authorized project shall not interfere with the public's right to free navigation on all navigable
waters of the United States. No attempt shall be made by the pennittee 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.
General
20) 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.
21) 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.
22) The permittee and his contractor shall schedule a pre -constriction conference with the Division of
Coastal Management prior to the initiation of any activities authorized by this permit.

Town of Topsail Beach
ADDITIONAL CONDITIONS
Permit No. 22-09
Page 4 of 4
23) 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 07H .0308(a)(2). In order to ensure
compliance with this condition, the Division of Coastal Management shall be contacted at (910) 796-
7215 prior to project initiation so that Division staff may meet on site with the permittee and/or
contractor.
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.
24) Any sediment sample monitoring, dredging or as -built surveys required by the USACE shall also be
provided to DCM.
25) This Major Modification shall be attached to the original of Permit No. 22-09, which was issued to the
permittee on 2/27/09, as well as all subsequent modifications, refinements and renewals, and copies of
all documents shall 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.
27) The N.C. Division of Water Resources has assigned the proposed project DWR Project No. 2008
1615v5 and is issuing through General Certification No. 4144.
NOTE: The permittee's contractor is advised to contact the U.S. Coast Guard at [phone], ext. 108
to discuss operations and appropriate lighting, markers, etc. for all dredge equipment.
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: 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.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW -
2013 -00404.
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.