20071809 Ver 3_CAMA Application_20100716

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson Dee Freeman
Governor Director Secretary
July 14, 2010
MEMORANDUM
TO: Cyndi Karoly
Environmental Biological Supervisor 19???
Division of Water Quality
JUL 16 2010
FROM: Doug Huggett MR WATROJAUrr
Major Permits Processing Coordinator WETLMN AN 37WAIWAYMffi a
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: TOWN OF SOUTHERN SHORES
Project Location: SOUTHERN SHORES CANALS
Proposed Project: 2ND MINOR MODIFICATION REQUEST FOR DREDGING PROJECT
Please indicate below your agency's position or viewpoint on the proposed project and return
this form by 08/04/10 to 400 Coinmerce Avenue, Morehead Cite, NC 28557. If you have
any questions regarding the proposed project, please contact John Cece at [phone].
When appropriate, in-depth comments with supporting data are requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATE
1367 US 17 South, Elizabeth City, NC 27909
Phone: [phone] FAX: [phone]; Internet: www.nccoastalmanagement.net One
NorthCarohna
An Equal Opportunity 1 Affirmative Action Employer Naturally
s
NCDENR
North Carolina Department or' Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Gcverncr James H. Gregson, Director 'William G. Rcss Jr., Secretary
MEMORANDUM
TO: Doug Huggett, Major Permits Coordinator r.
FROM: John Cece, Field Representative, NE District
THROUGH: Frank Jennings III, District Manager, NE District
DATE: July 13, 2010
SUBJECT: Request for Second Minor Modification of Major Permit #95-09 issued to
Town of Southern Shores
REFERENCE: (a) Three ring binder from Environmental Professionals Inc., (dated June 30,
2010) requesting Minor Modification of Major Permit #95-09
(b) 15A NCAC 07J.0405, Permit Modification
Second Major Permit Minor Modification Request
1. Major Permit #95-09 was issued to the Town of Southern Shores on July 7, 2009 authorizing the
dredging of canals located within the Town of the Southern Shores and the disposal of the
dredge spoils in a large upland retention basin located off Hillcrest Drive.
2. On December 21, 2009 the first Minor Modification to Major Permit #95-09 was issued to the
Town of Southern Shores to replace the previously permitted large upland dredge spoil settling
basin with a mechanical device called a hydrocyclonic filtering unit and a smaller settling basin
located in the Southern Shores Civic Association's Northern Marina.
3. On June 24, 2010 I met with representatives from the Town of Southern Shores, Environmental
Professionals Inc., Quible and Associates, and Byrd Brothers at Quible's offices to discuss their
second permit modification request (see Reference (a)).
To summarize Southern Shores' second modification request, they are proposing to abandon the
use of the hydrocyclonic filtering unit and return to utilizing an upland spoil disposal basin
located on three residential properties on the west side of Hillcrest Drive.
Southern Shores now proposes to pump the dredge influent to the northern end of the canal
system and dewater the dredge spoils in a primary settling basin approximately 200 feet wide
and 300 feet long. The effluent from the primary basin will then be pumped into a separate
1367 U.S. 17 South, Elizabeth City, North Carolina 27909
Phone: [phone] \ FAX: [phone] \ Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity \ Affirmative Action Employer -50% Recycled 110% Post Consumer Paper

N-Major Permit #95-09, Second Minor Modification Request
July 13, 2010
secondary settling basin approximately 100 feet wide and 120 feet long. The be=s surrounding
the basins will be constructed by scraping soil located onsite and importing up to 2,500 cubic
yards of material from an outside source. The berms will be 32 feet wide at the base, 10 feet
wide at the top, and up to 16 feet tali. The water ward side of the berrr_s will be lined with two
layers of six mil poly sheeting which will be covered with at least a foot of soil to protect the
liner.
The proposed primary settling basin will be bisected by a 200-foot long diversion baffle that will
be constructed in an east-west orientation to reduce influent velocity and increase retention
times. The baffle will be constructed with 20-foot pilings centered every 5-feet that will be
connected with 2-inch by 4-inch horizontal walers covered with wire mesh and filter fabric that
will be stapled to the walers. The primary basin will also be equipped with two impermeable silt
curtains installed in a north-south orientation to further reduce velocity and increase settling
times.
After passing counter-clockwise through the primary settling basin the supernatant will be
pumped through a serpentine maze of piping into the secondary settling basin. If the contractor
determines that the use of flocculants is needed to reduce observed turbidity levels, liquid
polymers will be introduced in this area to ensure proper mixing is achieved prior to the effluent
entering the secondary settling basin.
The 100-foot wide secondary settling basin will effectively be divided into three sections by two
90-foot long baffles that will be installed in a north-south orientation. Ten-foot long
impermeable silt curtains will be installed at the end of the each of the baffles. These structures
will increase retention times within the basin, but will also concentrate and increase flow rates as
the water winds around the end of the baffles.
Treated water will exit the secondary settling basin through a standard flashboard riser system
and re-enter the canal system through a two-foot wide corrugated metal pipe that will be
installed to discharge below the Normal Water Level of the canal. The applicant has also
proposed to install a "passive siphon" that will continuously drain the secondary basin into the
canal system when dredging is not occurring.
The applicant proposes to test the effluent exiting the secondary settling basin three times each
day for turbidity levels. The first turbidity sample will be taken within 30 minutes after effluent
discharge into the canal begins. The second sample will be taken 4-6 hours after the first sample
is collected. The final sample will be taken within 30 minutes prior to the end of dredging each
day. The applicant states "samples will be taken within five (5) feet of the downstream end of
the discharge pipe leading from the flashboard riser at the polishing pond."
If the effluent's turbidity exceeds permitted limits, it will be recirculated back into the primary
settling basin via a recycle pump that will be located near the discharge pipe.
2. I have conducted a site visit to review the Minor Modification request pursuant to the provisions
of reference (b) and recommend that the Minor Modification request be granted subject to the
following conditions.
Major Permit #95-09, Second Minor Modification Request
july 13, 2010
• The previous Minor Modification to Major Permit =n9-5-09 issued on December 21,
2009 be cancelled in its entirety.
• All the Permit Conditions of the on ;final permit remain in affect.
• All turbidity sampling must be conducted at the flashboard riser in the secondary
containment system and not in the mixing zone of the canal system after the effluent
has been discharged as has been proposed.
• The turbidity limits permitted by the Division of Water Quality are specifically listed
as a Permit Condition.
• The "passive siphon" proposed by the applicant be specifically prohibited since this
device would allow the applicant to discharge potentially large volumes of effluent
into the canal system without conducting turbidity sampling of the discharge.
• The proposed operational procedures/limits provided in the Land Quality Section and
Division of Water Quality sections of the application package for this modification
request become conditions of the permit.
• Visual inspections of all containment berms be conducted and documented daily, and
submitted to Division of Coastal Management personnel on a weekly basis.
3. The required fee of $100 has been paid and check #25455 from the Town of Southern Shores for
this amount is enclosed.
4. Please feel free to contact me at 252-264-3901 x234 if you have any questions, comments, or
need any additional information.
Enclosure: Reference (a) and (b).
Town of Southern Shores
Phase 1 - Canal Maintenance Dredging Project
RECEIVED
JUL -1
COASTAL MANAGEMENT
ELIZABETH CITY
LAMA Permit Minor
Modification Application
Submittal Package
P10027
June 30, 2010

LAMA Permit Minor
Modification
Submission
0 NCDENR, DCM
RECEIVED
1
COASTAL MANAGEMENT
--- ELIZABETH CITY
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CAMA MAJOR NARRATIVE
TOWN OF SOUTHERN SHORES
CANAL DREDGING PROJECT PHASE 1
APPLICANT: Town of Southern Shores
Attn: Tom Bennett, Project Manager
5375 North Virginia Dare Trail
Southern Shores, NC 27949
252-261-2394
RECEIVED
C0A5TAL Nia;dAGEMENT
ELBETH CITY
PROJECT: Create spoil disposal area on highground within easement area, dredging of the outer channel,
inner channel and northern portions of the canals within the Town of Southern Shores. Decommissioning,
stabilization and re-vegetation of spoil disposal area after material has dewatered.
Southern Shores began in 1947 with the acquisition of approximately 2,600 acres extending from the ocean
to the sound for a distance of four miles on the north banks above Kitty Hawk by a single-development
company. The Town was incorporated in 1979 and has been governed as a town on the Outer Banks in
Dare County since that date. In the early 1960s, development of the soundside and interior areas was
undertaken by excavation of low areas into navigable waters. Approximately six miles of waterways were
created by the development corporation that constitutes the waterways in Southern Shores that access Jean
Guite Creek. The Town has not undertaken a comprehensive maintenance dredging of the canal system
since the original excavation of the waterway which was originally excavated to approximately 6 ft. below
normal water level. Over this extended time, the canals have required some maintenance excavation in the
entrance channel in Jean Guite Creek accessing Currituck Sound. This maintenance work was authorized
by CAMA Major Development Permit No. 163-88 (Southern Shores Civic Association). Maintenance
dredging for the northern portions of the canal systems and the access channel was approved by CAMA
Major Development Permit #95-09.
Maintenance dredging of the access channel and canal system is now proposed with the use of a spoil
disposal area west of Hillcrest Drive to manage the spoils generated from Phase 1 of the project (see
attached plats). The anticipated spoil generation from Phase 1 excavation is 17,500 cubic yards. Due to
constraints of piers, docks, boat lifts, bulkheads, mooring pilings, etc. within the canal system and the
dredging buffers around these structures, the spoil volumes may be less than expected as dredging adjacent
to these structures are avoided to limit undermining.
The designated spoil site for Phase 1 is located west of Hillcrest Drive on highground. These easements for
the Hillcrest site will only cover one dredging event and the spoil disposal site will be decommissioned
after this one time use. The spoil material will remain on site and be final graded to the specifications of the
final grading plan and re-vegetated or landscaped.
The application for dredging to maintain navigation within the access channel and establish one permit for
the excavation and maintenance access channel and the centerline of the canals was approved by CAMA
Major Development Permit 495-09. This application request is to approve the spoil disposal area on
Hillcrest as amended.
The project will begin with the preparation of the spoil disposal area and no dredging will occur until the
spoil disposal area is constructed and an inspection is performed by a representative of the Division of
Coastal Management.
• ACCESS CHANNEL (OC):
Designated as OC (Outer Channel) on Plat
The access channel is proposed to be dredged to -6.0 feet NWL with a maximum bottom width of 25 feet
and a maximum top width of 35 feet.
The connecting depth is 6.3 feet at the waterward end of the access channel, (see plat). This area will be
dredged last.
SAVS were found within southeastern end of the access channel. This SAV area began at the channel
marker "JG" at the intersection of Jean Guite Creek and the outer channel (OC) and the SAV area
continued into the inner channel (IC) and boat basin. This area of SAVs had a substrate coverage of
approximately 70%. Widgeon grass and Eurasian milfoil were the dominant species. These SAVs have
been relocated.
INNER CHANNEL (IC):
Designated as IC (Inner Channel) on Plat
The inner channel will be dredged to -5.0 feet, and the proposed channel excavation will be 1,280 feet
long, confined to a maximum top width of 35 feet and a maximum bottom width of 25 feet. This section of
the dredging will transverse through the existing marina.
SAVs were located within the inner channel and constitute an average of 50 percent coverage. Eurasian
milfoil and widgeon grass were the dominant species. These SAVs have been relocated.
CANALS CA and CB:
is Designated as CA (Canal A) and CB (Canal B) on Plat
CANAL A 3,680 Linear Feet
CANAL B 4,888 Linear Feet
These canals primarily run in a north-south direction and represent the closest canal areas to the spoil
disposal site. Several side canals are also included within these designated dredging areas and are shown on
the attached plat.
Dredging within the canal system will be based upon a centerline alignment and the width may vary
depending upon the existing width of the canal and any impeding existing structures (piers, boat lifts,
mooring pilings, bulkheads, etc). These existing structures will present obstacles to the dredging and as a
result some areas of the canal will not be dredged to the full width as proposed. Buffers from any existing
structure will be honored by the dredging contractor in order to minimize any possible undermining or
damage to these private structures. All boat owners will be required to remove their vessels from the
marina area and canals CA and CB prior to commencement of dredging activities.
The centerline of Canals A and B will be dredged to -4 to -5 feet (varies according to plans) and the
proposed channel excavation will not exceed a top width of 35 feet and bottom width of 25 feet.
SAVs were located within these canals. Percent of substrate coverage ranged from none to 100 percent
depending upon location within the canal system. CANAL A (CA) contained the densest SAV coverage
with Eurasian milfoil and coontail being the only species found during the survey during July 2007. The
areas south of the bridge (Dogwood Trail) crossing Canal A, contained less overall coverage. The area
near the intersection IC and CB contained some widgeon grass in addition to the milfoil and coontail. The
project has been designed to only dredge the centerline of the canals, thereby leaving SAVs on either side
• channel for reseeding of dredged areas after dredging activities cease. The SAVs within the area to be
dredged have been relocated.
• SAV RELOCATION:
The SAVs were relocated to identify areas adjacent to the access channel, and the SAV Relocation Report
is attached.
SPOIL DISPOSAL AREA:
The spoil disposal area is proposed on highground within lease agreements from private landowners.
The spoil disposal area is located west of Hillcrest Drive and east of the man-made canal. Dike walls are to
have 2:1 slopes on the inside of the dike walls, a 10 ft equipment access path on the top of the spoil
disposal dike, and 3:1 slopes on the outside dike wall. A 6 mil solid fabric membrane will be installed along
the inner dike wall, overlapped one foot at all joints and "toed" into the berm at the top and bottom. A silt
fence will be installed around all portions of the disposal area.
Silt curtains consisting of solid 22 oz. PVC membranes will be installed approximately 4-6 feet below the
water elevation within spoil disposal area to slow transgression of inflow water within the spoil disposal
area and to maximize settling of finer grained particles. Flocculants will be employed if required. The
flocking polymer is a liquid. The liquid polymer will be injected into the supernatant at the flocking
station. This flocking process will be set up such that it is manually dosed based on the continual
monitoring of the turbidity. Adjustments to the rate of flocculation will be based on the flow/turbidity of
the supernatant as it passes through the station. This flocculants injection process will be monitored by a
trained technician during all hours of active dredging if outflow discharge does not meet standards as
specified by the permit.
The effluent pipe discharge will be installed waterward of the low water line. This pipe will be slightly
• elevated above the normal water elevation. Our protocols call for testing the turbidity of the waterbody
within 5 feet of this location. The required access to this sampling location will be determined at the time
of the installation of the effluent pipe. If a "platform" is required to facilitate access to the location of the
turbidity test, one will be installed at that time.
A passive siphon will siphon the clear water during non-active dredging hours. This draining of the
polishing pond will increase the efficiency of the pond during the active dredging hours.
Water Depths:
Water depths were surveyed by Geodynamics LLC, by utilization of sub centimeter GPS locations and
continuous depth recordation equipment producing data that covered the centerline depths and cross
sections at fairly evenly spaced intervals.
This produce a data point set of approximately of thousands of depths points for each designated canal
section. Since areas of proposed activity displayed reasonably homogenous depth data and the scale
required to display the depths on reproducible paper sizes, representative points were selected taken from
each section to show with reasonable accuracy the water depths within the project limits.
Prepared By:
Environmental Professionals Inc.
. George H. Wood, CEP, PWS
June 30, 2010
SPOIL DISPOSAL AREA LANDOWNERS:

Mr. & Mrs. Michael George
20 Beechnut Dr.
Long Valley, NJ 07853
Mr. & Mrs. John Eck
PO Box 1761
Kitty Hawk, NC 27949
Benjamin Spawr
PO Box 2012
Kitty Hawk, NC 27949
C
C,
DON MP4
0"1- ?goq v3
RECEIVED
r APPLICATION for -
Major Development Permit COASTAL MANAGEMENT
(last revised 12/27106) ELIZABETH CITY
North Carolina DIVISION OF COASTAL A
IANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if a pplicable)
Town Of Southern Shores Southern Shores Canal Dredging Phase 1
Applicant 1: First Name MI Last Name
Tom Bennett (Project Manager)
Applicant 2: First Name MI Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address PO Box City State
5375 North Virginia Dare Trail Southern Shores NC
ZIP Country Phone No. FAX No.
27949 USA 252 - 261 - 2394 ext. 252 - 255- - 0876
Street Address (if different from above) City State ZIP
Email

2. Agent/Contractor Information rnn r=

U V1
Business Name
JUL I C 2010
Environmental Professionals, Inc.
DENR-WATER G1 KlTY
Agent/ Contractor 1: First Name MI Last Name WfETLWSANDST'OR1MASE..ROW41 H
George H. Wood
Agent/ Contractor 2: First Name MI Last Name
Mailing Address PO Box City State
P.O. Box 3368 3368 Kill Devil Hills NC
ZIP Phone No. 1 Phone No. 2
27948 252 - 441 - 0239 ext. ext.
FAX No. Contractor #
252 441 0721
Street Address (if different from above) City State ZIP
1404 South Virginia Dare Trail Kill Devil HillS NC 27948-
Email
[e-mail]
<Form continues on back>

Form DCM MP-1 (Page 2 of 5)
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APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple) Street Address State Rd. #
Dare Various
Subdivision Name City State Zip
N/A Southern Shores NC 27949-
Lot No. (s) (if many, attach additional page with list)
Phone No. 3.98 acre easement area transversing the waterfront portion
- - ext. on the following parcels:
George, Eck, Spawr,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
Pasquotank Man-made canals and Jean Guite Creek
c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site.
NNatural NManmade ?Unknown Currituck Sound
e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed
NYes ?No work falls within.
Town of Southern Shores
4. Site Description
a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.)
Canals and creeks total greater than 2.5 miles within the Town of Southern Shore- Approx. 4.2 Square Miles
town boundaries 3.98 acre total easement area
+/- 600 LF on spoil disposal area (comprised of easements
on private property)
c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or
N/A, NWL (normal water level)
(If many lot sizes, please attach additional page with a list) Easement 4-7 ft. average ?NHW or NNWL
e. Vegetation on tract
Spoil disposal area: Highground vegetation consisting mostly of Liquidambar styraciflua, Quercus virginiana, Ilex opica,
lawn grasses, broomsedge and dogfennel
f. Man-made features and uses now on tract
Easement area: shed, BBQ pit, power pole
g. Identify and describe the existing land uses admiacent to the proposed project site.
Residential properties
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
Residential (Attach zoning compliance certificate, if applicable)
NYes ?No ?NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ?Yes NNo
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ?Yes NNo ?NA
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ?Yes NNo ?NA
Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
National Register listed or eligible property?
<Form continues on next page>

0
M. (i) Are there wetlands on the site? ?Yes ®No
(ii) Are there coastal wetlands on the site? ?Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ?Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
None existing in spoil disposal easement area
o. Describe existing drinking water supply source.
Dare County
p. Describe existing storm water management or treatment systems.
None existing, none proposed
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ?Commercial ®Public/Government
® Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Over 7 miles of canals exist with the Southern Shores town boundary. The purpose of phase 1 maintenance dredging
project is to hydraulically dredge the access channel and the centerline of the northern canal system to provide continued
use of canals and waterways for the residents and taxpayers within the Town. The canal system has not undergone a
comprehensive maintenance dredging event or scenario since the original excavation of the canals which occurred in the
late 1960's and early 1970's.
The spoil disposal easement area for Phase 1 is located on private land located west of Hillcrest Drive in an area secured by
easements to the Town of Southern Shores for the dredging project.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Spoil disposal area will be created and inflow and outflow pipes installed prior to commencement of dredging. Dredging will
commence in the canals closest to the Hillcrest Drive disposal area and will continue down the interior canals with the Outer
Channel to be dredged last.
d. List all development activities you propose.
Create spoil disposal area, dredge existing access channel (designated as OC and IC), dredge centerline of canals
(designated CA and CB), After cessation of dredging activities, decomissioning, regrading, stabilization, and revegetation of
the spoil disposal area will occur.
e. Are the proposed activities maintenance of an existing project, new work, or both? maintenance
f. What is the approximate total disturbed land area resulting from the proposed project? approx. 3.98 easement area
?Sq.Ft or ®Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ®Yes ?No ?NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
Effluent from spoil disposal area to return to canal at northern terminus of canal system
Form DCM MP-1 (Page 4 of 5) APPLICATION for
Major Development Permit
•
i. Will wastewater or stormwater be discharged into a wetland? ?Yes ®No ?NA
If yes, will this discharged water be of the same salinity as the receiving water? ?Yes ?No ®NA
j. Is there any mitigation proposed? ?Yes ®No ?NA
If yes, attach a mitigation proposal.
<Form continues on back>
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name SEE ATTACHED LIST Phone No.
Address
Name Phone No.
Address
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA Major Permit #163-88
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7, Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 1<13 d G1 Print Name .J
Signature _
V V

Form DCM MP-1 (Page 5 of 5)
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ?DCM MP-5 Bridges and Culverts
®DCM MP-3 Upland Development
?DCM MP-4 Structures Information

APPLICATION for
Major Development Permit
0
Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information,
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding
(NLW or Breakwater shoreline
NWL) stabilization)
OC 2657' 9000'
Length
IC 1280' CA and CB
OC 35'
Width 35'
IC 35'
Avg. Existing OC 4.74'
'
Depth IC 3.55' 3.3 NA NA
Final Project 6' 4-5' NA NA
Depth
1. EXCAVATION ?This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. sand and silt
17,500 CY
•. (i) Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), NONE
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ®SAV ?SB
?WL ?None
(ii) Describe the purpose of the excavation in these areas:
Maintenance dredging of access channel and canals
SAV Map attacthed.
2. DISPOSAL OF EXCAVATED MATERIAL ?This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
Within spoil disposal easement area west of Hillcrest Drive 3.98 acres approx (713'X 280')
c. (i) Do you claim title to disposal area?
?Yes NNo ?NA
(ii) If no, attach a letter granting permission from the owner.
j
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ®None
(ii) Describe the purpose of disposal in these areas:
Spoils disposal area for dredging of access channel and canals
in Phase 1 of project
d. (i) Will a disposal area be available for future maintenance?
?Yes ®No ?NA
(ii) If yes, where?
f. (i) Does the disposal include any area in the water?
?Yes ENo ?NA
(ii) If yes, how much water area is affected?
N/A
t
3. *5HUHLLINb STABILIZATION
(If development is a wood groin, use MP-4 - Structures)
[9 This section not applicable
a. Type of shoreline stabilization:
?Bulkhead ?Riprap ?Breakwater/Sill ?Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
g. Number of square feet of fill to be placed below water level
Bulkhead backfill Riprap
Breakwater/Sill Other
i. Source of fill material.
b. Length:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (i) Has there been shoreline erosion during preceding 12
months?
?Yes ?No ?NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
h. Type of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ?Yes ?No ®NA b. (i) Will fill material be neared in rnastal watianri¢/mnrah tr'IAn
If yes,
40 (ii) Amount of material to be placed in the water
(iii) Dimensions of fill area
(iv) Purpose of fill
N/A
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
?CW ?SAV ?SB
?WL ZNone
(ii) Describe the purpose of the fill in these areas:
N/A
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Dike walls with 3:1 minimum outside slopes and and 2:1 minimum hydraulic dredge, bulldozers
inside slopes will be constructed and surrounded in silt fence
prior to commencement of hydraulic dredging activities
After dredging is complete, spoil area will be vegetated under a
Sedimentation and Erosion Control Plan.
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
?Yes ®No ?NA site? ?Yes ®No ?NA
(ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
Navigational aids are already in place in access channel environmental impacts.
4W
8-23-2007
Date
Form DCM MP-3
%PLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. Easement and/or authorization exits on portions of 6
One spoil disposal area on highground west of Hillcrest parcels
Drive within easement area. After cessation of dredging
decomissioning, regrading and revegetation of the spoil
disposal area will occur.
c. Density (give the number of residential units and the units per d. Size of area to be graded, filled, or disturbed including roads,
acre). ditches, etc.
N/A, none within easement area 3.98 acres
e. If the proposed project will disturb more than one acre of land, the f. List the materials (such as marl, paver stone, asphalt, or concrete)
Division of Land Resources must receive an erosion and to be used for impervious surfaces.
sedimentation control plan at least 30 days before land-disturbing N/A
.
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
?Yes NNo NNA
(ii) If yes, list the date submitted: (The Town of Southern
Shores implements a local program)
g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also
be covered by impervious and/or built-upon surfaces, such as require a Stormwater Certification.
pavement, building, rooftops, or to be used for vehicular driveways
or parking. (i) Has a site development plan been submitted to the Division of
Water Quality for review?
0% ®Yes ®No ?NA
i. Give the percentage of the entire tract to be covered by impervious (ii) If yes, list the date submitted: 6-30-10
and/or built-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
0%
j. Describe proposed method of sewage disposal. k. Have the facilities described in Item (i) received state or local
None proposed approval?
®Yes ?No ?NA
If yes, attach appropriate documentation.
1. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovative stormwater
state (e.g., surface runoff, sanitary wastewater, industrial/
"
" design?
commercial effluent,
wash down
and residential discharges). ?Yes ?No ONA
Outflow from spoil diposal area after sufficient setlling of If yes, attach appropriate documentation.
sand/silt. Location is at terminus of spoil disposal area
initial outflow pipe and final outflow in to the canal
shown on spoil disposal area plat.

m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
None proposed
o. When was the lot(s) platted and recorded?
See attached easements and authorization letter
n. (i) Will water be impounded? ®Yes ?No ?NA
(ii) If yes, how many acres? Only temporarily until sand/silt
has settled out. Spoil site will be decommissioned,
stabilized and revegeteted and after the one time use
for this purpose
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
?Yes ?No ®NA
6-30-10
Date
Southern Shores Canal Dredging Phase 1
Project Name
own of Southern Shores
Applicant ame
Applic Signature
0

r?
U
Permit Class
NEW
ly Settlement Agreement) STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
Permit
for
Permit Number
95-09
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
1]
Issued to Town of Southern Shores, 5375 N. Virginia Dare Trail, Southern Shores, NC 27949
Authorizing development in Dare County at man-made canals within the limits of the
Town of Southern Shores , as requested in the permittee's application dated 8/23/07, including the
attached workplan drawings (3), 1 dated 12/29/08 1 dated 6/8/09 and 1 dated 7/1/09
This permit, issued on July 7, 2009 , 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.
NOTE: This permit is being issued in accordance with the March 25, 2009 Settlement Agreement
between the Division of Coastal Management and the permittee.
Maintenance Excavation
1) The permittee shall develop, in coordination with the Division of Coastal Management. Wildlife
Resources Commission, and the Division of Marine Fisheries, a Submerged Aquatic Vegetation
(SAV) management plan The implementation of this plan shall be, the responsibility of the
permittee. This plan shall be submitted to the Division within 60 days of the completion of the
authorized maintenance activities.
(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. An appeal requires resolution prior to work initiation or
continuance as the case may be.
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, 2012
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 DENR and the
Chairman of the Coastal Resources Commission.
-lot
z
James 11 regson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Southern Shores Permit #95-09
Page 2 of 3
ADDITIONAL CONDITIONS
2) Unless specifically altered herein, the authorized depths of excavation shall adhere to the limits
indicated on the attached workplan drawing dated 12/29/08. Overdredging is specifically prohibited.
Any reference in the attached permit application forms to dimensions differing from those indicated on
the attached workplan drawing dated 12/29/08 are hereby considered null and void.
3) The depth of excavation shall not exceed the depth of connecting waters.
4) The maintenance excavation of the channels authorized by this permit shall have a maximum bottom
width of 25 feet, and a maximum top width of 35 feet.
5) No maintenance excavation shall take place within areas that are at the time of excavation within +/- 0.2
feet of the authorized depth of excavation.
6) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between February 15 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with the Wildlife Resources Commission.
7) No Coastal Wetlands shall be excavated or filled.
8) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands are not authorized.
9) No excavation shall take place at any time outside of the alignment area indicated on the attached
workplan drawing without additional authorization.
10) In accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new
dredging or excavation within designated primary nursery areas shall be permitted. New dredging in
any manner, including "kicking" with boat propellers is not authorized.
Spoil Disposal
11) All excavated materials shall be confined above the normal water level and landward of regularly or
irregularly flooded Coastal Wetlands behind adequate dikes or other retaining structures to prevent
spillover of solids into any marsh or surrounding waters.
12) The disposal area effluent shall be contained by pipe, trough, or similar device to a point at or beyond
• the normal water level to prevent gully erosion and unnecessary siltation.
13) The terminal end of the pipeline shall be positioned at or greater than 50 feet from any part of the dike
and a maximum distance from spillways to allow settlement of suspended sediments.

Town of Southern Shores
ADDITIONAL CONDITIONS
Permit #95-09
Page 3 of 3
14) A water control structure shall be installed at the intake end of the effluent pipe to assure compliance
with water quality standards.
15) The disposal area shall be properly graded and provided a ground cover sufficient to restrain erosion
within 30 working days of project completion.
16) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal
Management prior to the commencement of any dredging activities.
17) No spoil material is to be placed within 30 feet of the normal water line.
Sedimentation and Erosion Control
•
•
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. If required, 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 Environment and Natural Resources, Land Quality
Section, 943 Washington Square Mall, Washington, NC 27889.
General
18) No attempt shall be made by the permittee to prevent the free and full use by the public of all navigable
waters at or adjacent to the authorized work, except to the extent necessary to ensure safe navigation by
the general public and for the safe performance of the work.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to a permit from the
U.S. Army Corps of Engineers.
NOTE: 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.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.
NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No.
071809.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. SAW-
200703780.
FItIRi1\if}:?f If.
f'ff11F?;"?(ll? tl??
June 21, 2010
Gertrude Blinken Revocable Trust
287 Hillcrest Drive
Kitty Hawk, NC 27949
Dear Ms. Blinken.
(Via Certified/Return Receipt Requested Mailing)
This letter is with reference to the application made on behalf of the Town of Southern Shores to utilize
property which is adjacent to yours to place spoils associated with the dredging of Phase 1 of the canal
system of the Town. Enclosed you will find a plat depicting the details of the spoil disposal area.
The North Carolina Division of Coastal Management requires this notification and provides a period of
thirty (30) days from the date of notification for comments. Should you have questions regarding this
notification or desire additional information, please contact me. Comments may be submitted to
Environmental Professionals, Inc. or the North Carolina Division of Coastal Management to the attention
of Mr. John CeCe at the following address:
1367 U.S. 17 South
Elizabeth City, NC 27909
•
Thank you for your consideration of this matter.
Sincerely,
Environmental Professionals, Inc.
4
/}--
G rge H. Wood, CEP, PWS
Enclosure: a/s
I have no objection to the project as described in t
I have objection to the project as described in this
•
SIGNATURE
DATE
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George A. & Holly A. Robinson
750 Sturgess Way
Alpharetta, GA 30022
Dear Mr. & Mrs. Robinson,
(Via Certified/Return Receipt Requested Mailing)
This letter is with reference to the application made on behalf of the Town of Southern Shores to utilize
property which is adiacent to yours to place spoils associated with the dredging of Phase 1 of the canal
system of the Town. Enclosed you will find a plat depicting the details of the spoil disposal area.
The North Carolina Division of Coastal Management requires this notification and provides a period of
thirty (30) days from the date of notification for comments. Should you have questions regarding this
notification or desire additional information, please contact me. Comments may be submitted to
Environmental Professionals, Inc. or the North Carolina Division of Coastal Management to the attention
of Mr. John CeCe at the following address:
1367 U.S. 17 South
Elizabeth City, NC 27909
• 'Thank you for your consideration of this matter.
Sincerely,
Environmental Professionals, Inc.
G rge H. Wood, CEP, PWS
Enclosure: a/s
I have no objection to the project as described in tl
1 have objection to the project as described in this
SIGNATURE
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•
George A. & Holly A. Robinson
750 Sturgess Way
Alpharetta, GA 30022
Sender Complete • Complete this section upon Delivery:
1. Complete item 2.
2. Print your name and address on the reverse so
that we can return the card to you.
3. Attach this card to the back of the mailpiece, or
on the front if space permits.
9 Ar , ]. ni,... t- A. Received by (Printed name) B. Date of Deli ry
?008 1830 0000 0800 1482
2. Article Addressed to C. Signature ? Aged
? Addressee
4. Restricted
PS Form 3811 V, March 2005 (PSN: 7530-07-000-0300) Y -6 / 7
V
D. Is delivery address different from item 2'!
If YES, enter delivery address below ? Yes
,p'No
Sender., Complete 1 this section
f 1. Complete item 2.
2. Print your name and address on the reverse sb
-that we.cau return the card to you.
J Attach this card to the back of the mailpiece, or
on the front if space permits.
7008 1830 0000 0800 1505 X
0 2. Article Addressed to
Gertrude Blinken Revocable Trust
187 Hillcrest Drive
Kitty Hawk, NC 27949
3. Service Type
4. Restricted Delivery? (Extra fee)
PS Form 3811 V, March 2005 (PSN: 7530-07-000-0300) 6 ( ,6 / -;,-
Domestic Return
/0
? Agent
? Addressee
enter every address below ? Yes
C?t`lo
Domestic Return Receipt
1?1
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June 21, 2010
Gertrude Blinken Revocable Trust
287 Hillcrest Drive
Kitty Hawk, NC 27949
Dear Ms. Blinken,
GILD
This letter is with reference to the application made on behalf of the Town of Southern Shores to utilize
property which is adjacent to yours to place spoils associated with the dredging of Phase 1 of the canal
system of the Town. Enclosed you will find a plat depicting the details of the spoil disposal area.
The North Carolina Division of Coastal Management requires this notification and provides a period of
thirty (30) days from the date of notification for comments. Should you have questions regarding this
notification or desire additional information, please contact me. Comments may be submitted to
Environmental Professionals, Inc. or the North Carolina Division of Coastal Management to the attention
of Mr. John CeCe at the following address:
0
1367 U.S. 17 South
Elizabeth City, NC 27909
Thank you for your consideration of this matter.
Sincerely,
Environmental Professionals, Inc.
r
Ge'6rge H. Wood, CEP, PWS
Enclosure: a/s
I have no objection to the project as described in this correspondence.
I have objection to the project as described in this correspondence.
SIGNATURE DA E
E
(Via Certified/Return Receipt Requested Mailing)

Quible

Quible & Associates, RC, P.O. Drawer 870

ENGINEERING • ENMONMENTALSCIENCES • PLANNING • SURVEYING Hawk
KW NC 27949
Phone: [phone]
SINCE 1959 Fria 252-261-1260
PNNC[PAtS
Soon C. Boyle, P.E.
Joseph S. L=Wea C.E.P.
MEMORANDUM Eduavdo J. ValdMeso. P.E.
ASSOCIATES

To: Mr. Tom Bennett, TOSS Joseph J, AnIout P.E.
KaThedne c. nnatcr,Blbro, P.LS.
From: Brian Rubino, P.G., Quiblep
S
CC: George Wood, EPI
-
Joe Anlauf, P.E., Quible
DATE: October 19, 2009
RE: SAV Relocation: Tasks Completed
Field work involving SAV relocation efforts associated with the Town of Southern Shores (TOSS)
permitted dredge alignment took place between Monday September 28th and October ' ', 2009. The
channel SAV transplant areas have been pre-established by George Wood and indicated on a map
provided by Mr. Wood that represents his September 2009 SAV survey. The relocation or planting areas
initially included a triangular-shaped area adjacent to the north side of the Jean Guite Creek channel
alignment as well as two areas inside the TOSS canal system (the dead end canal adjacent to the civic
association property at Hillcrest and Hickory and a smaller snub canal at the civic association property at
Redbay).
Mr. Wood's SAV survey indicated that existing SAV resources were limited to areas of the channel
alignment in Jean Guite Creek, with the exception of one small occurrence of SAV just to the east of the
40 North Marina where the canal that runs under Dogwood Trail "T's" into a north-south canal.
Transplanting was performed by qualified environmental scientists from Quible by hand and with the use
of light hand tools. Work was done in the water with the use of snorkel and mask with a small outboard-
powered boat for transporting plants from the channel to the planting areas. Whole plants were removed
and temporarily placed in floating SAV baskets. Transplanting involved digging-in and burying the root
system of the plants into the substrate of open/bare portions of the planting areas. Ruppia maritima
(Widgeon grass) was the dominant species present. There were also small amounts of Stuckenia
pectinata (Sago pondweed) and minor amounts of Ceratophyllym demersurn (Coontail) and Myriophyllum
spicatum (Eurasian watermiffoil). Eurasian watermilfoil is considered a noxious and invasive plant and
this species was not transplanted.
It should be noted that the triangular-shaped planting area did have a significant amount of SAV growth
prior to the transplanting effort. Planting in this area was limited to the open/bare zones, especially on the
northwest side of this area. This triangular-shaped area was marked with pvc pipes and orange buoys
prior to the transplanting to clearly establish this area since it is in open water. On Thursday October 1
George Wood, Brian Rubino and Warren Eadus identified an additional SAV planting area in shallow
water adjacent to the North Marina property. This particular area had very sparse SAV growth and was
considered a good candidate for an additional planting area due to its low existing SAV coverage. Later
in the day on October 1", this rectangular area was marked with pvc pipes by Quible and coordinates
recorded for future mapping by George Wood (See attached Google Earth Map with this planting area
identified). Also see attached emails with progress reports.
In addition to relocation of this existing SAV, we took the opportunity to bolster the relocation areas by
direct distribution of SAV seed into the substrate. Seed pods of Vallisneria Americana (Wild celery) were
collected from a site with a similar ecotype and water quality conditions to the TOSS relocation areas.
The seed pods collected were inserted into the sandy substrate of the rectangular planting area
established on October 16l as well as the northern end of the triangular-shaped planting area.
1 have also attached several photos from this transplanting effort. Feel free to contact me at
252.261.3300 or brubino®Auible.com if you have any questions related to this work.
0
5> AV PIMii,)S Are^ ;d4- f-je k &I oc+ .1. ;n A:cm}Q,(
Brian Rubino
From: Brian Rubino
Sent: Tuesday, October 06, 2009 9:14 AM
To: '[e-mail]'; 'Jayne and Tom Bennett'
Cc: Warren Eadus
Subject: FW: TOSS SAV
Tom and George,
Warren and I had a productive day on Friday. We have transplanted the majority of the SAV in the channel where
George's map identified it. The majority of our efforts on Friday went towards transplanting the new relocation area
that we all found on Thursday and Warren and I marked with pvc markers. We filled that area pretty well and felt good
about how it looked at the end of the day. The plants we started planting in there on Thursday looked good and were
holding in place. We also, as requested, did some planting at the dead end canal adjacent to the Civic Assoc. Property at
Hillcrest and Hickory as well as the snub canal at the Civic Assoc. Property at Redbay.
in addition, we planted Vallisneria americona seed pods throughout the new area as well as in a transplanting area in
the triangular relocation area near the northwest end where we did a considerable amount of transplanting earlier last
week. The Vollisnerla seed pod planting is more of a bonus additional effort, that while not required at all, may help
gain a little more best faith effort recognition with the regulatory agencies. The seed pods were easily collected from a
very similar ecotype. We have seen impressive Val beds in the Currituck Sound, North River and Albemarle Sound.
While this is the first season that we've done any SAV investigations at the TOSS dredge channel, one reason for no Val
may be lack of seed supply (it may bypass the area due to the geographic position of Martin's Point). The bottom type,
depth and salinities are right.
*We are planning on putting another day or half day into transplanting, but
we figured we would do that late this week
after George's meeting w/ NMFS and USACE to see if that had any specific tasks that they require or suggest. Please
keep me informed after the meeting and call or email w/ any questions.
Thanks,
Brian
Brian D. Rubino, P.G.
Quib?e & Associates, P. C.
P.O. Drawer 870
Kitty Hawk, NC 27949
[phone] office phone
[phone] fax
ENGINEERING • CBNSUL1tNC PUNNING
ENVIRONLENTAL sc1ENCEs ' SURVEyINO
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the sender and delete the material from any computer,
0
From: Brian Rubino
Sent: Thursday, October 01, 2009 5:47 PM
To:'[e-mail];'Jayne and Tom Bennet
Cc: Warren Eadus
Subject: TOSS SAV
George,
After we met and identified an additional planting area, Warren and I staked the area with pvc markers and picked up
coordinates on each of the four markers for you to plot for your upcoming meetings and submissions to USACE and
NMFS if you wish. As we estimated during our recon of that area earlier, the SAV cover within that area is currently
approximately 10 percent. The area is approximately 150 ft x 120 ft (close to being a true rectangle). We were not able
to expand the area further without getting into dense SAV beds in any of the four directions. The existing SAV in that
area is predominantly Widgeon grass, but there are minor amounts of Sago pondweed and very little Eurasian milfoil
and Coontail. The coordinates of the set markers delineating the area are as follows (handheld gps used w/ ~15 ft level
of accuracy at the time used):
Marker 1: 36.12600°N, 75.74462°W
Marker 2: 36.12601°N, 75.74497°W
Marker 3: 36.12557°N, 75.74501°W
Marker 4: 36.12559°N, 75.74461°W
Overall, transplanting work went well today. After doing some transplanting into the deadend canal at the civic assoc.
property (where we me Tom this morning), we planted several baskets full of SAV into the new area this afternoon. Our
first area, as we discussed, Is about maxed out. We planted the "holes" (random open sand areas) in that triangular
area on Tuesday. The majority of the rest of that area has good growth already.
.We'll be at it tomorrow. Give us a call or stop by if you want to.
Thanks,
Brian
Brian 0. Rubino, P.G.
Quiibie & Associates, P.C.
P.O. Drawer 870
Kitty Hawk, NC 27949
[phone] office phone
[phone] fax
- -- e-
ENGRIEERING • CQNSULTIWG + PtAMM
ENVIRONUENTAL SCIENCES • SURVEYING
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it Is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient Is
prohibited. If you have received this email in error please contact the sender and delete the material from any computer.
Ej
Tracking:
TOSS SAV Relocation
2009
9
L

MWEEMIM

• Photograph 5
SAV transplanting
Photograph 2
Floating SAV baskets for transplanting
Photograph 4
SAV transplanting
Photograph 6
Ruppia ntaritima
Photograph I
Planting area markers
Photograph 3
SAV transplanting
•
C:
TOSS SAV Relocation
2009
Photograph 7
Ruppia maritima with mature seeds

Photograph 10
Vallisneria Americana seed pods
C
Photograph 9
SAV transplanting
Photograph 8
Stuckenia pectinata with seeds
Quible ~g 50
Quible & Associates, RC.
P.O. Drawer 670
ENGINEERNG • ENVIRONMENTAL SCIENCES • PLANNING • SURVEYING b1N Hawk NC 27949
SINCE 1959 PFw: 252-261-3360
Fm: 252-281-1260
PRINCIPALS
Sean C. Boyle. P.E.
MEMORANDUM JOWPI) S. Lassiter, C.E.P.
Eduardo J. VoldMem, P.E.

To:
Mr. Tom Bennett, TOSS
_ ASSOCIATES
JoSefah J. MOW, P.E.
From: Brian Rubino, P.G., Quible
Y
?AZ1Y- Kcfhed- C. Marclieh P.LS.
CC: George Wood, EPI
1
Joe Anlauf, P.E., Quible
DATE: October 19, 2009
RE: SAV Relocation: Tasks Completed
Field work involving SAV relocation efforts associated with the Town of Southern Shores (TOSS)
permitted dredge alignment took place between Monday September 28th and October 71h, 2009. The
channel SAV transplant areas have been pre-established by George Wood and indicated on a map
provided by Mr. Wood that represents his September 2009 SAV survey. The relocation or planting areas
initially included a triangular-shaped area adjacent to the north side of the Jean Guite Creek channel
alignment as well as two areas inside the TOSS canal system (the dead end canal adjacent to the civic
association property at Hillcrest and Hickory and a smaller snub canal at the civic association property at
Redbay).
Mr. Wood's SAV survey indicated that existing SAV resources were limited to areas of the channel
alignment in Jean Guite Creek, with the exception of one small occurrence of SAV just to the east of the
. North Marina where the canal that runs under Dogwood Trail "T's" into a north-south canal.
Transplanting was performed by qualified environmental scientists from Quible by hand and with the use
of light hand tools. Work was done in the water with the use of snorkel and mask with a small outboard-
powered boat for transporting plants from the channel to the planting areas. Whole plants were removed
and temporarily placed in floating SAV baskets. Transplanting involved digging-in and burying the root
system of the plants into the substrate of open/bare portions of the planting areas. Ruppia maritima
(Widgeon grass) was the dominant species present. There were also small amounts of Stuckenia
pectinata (Sago pondweed) and minor amounts of Ceratophyllym demersum (Coontail) and Myriophyllum
spicatum (Eurasian watermilfoil). Eurasian watermilfoil is considered a noxious and invasive plant and
this species was not transplanted.
It should be noted that the triangular-shaped planting area did have a significant amount of SAV growth
prior to the transplanting effort. Planting in this area was limited to the open/bare zones, especially on the
northwest side of this area. This triangular-shaped area was marked with pvc pipes and orange buoys
prior to the transplanting to clearly establish this area since it is in open water. On Thursday October 1St
George Wood, Brian Rubino and Warren Eadus identified an additional SAV planting area in shallow
water adjacent to the North Marina property. This particular area had very sparse SAV growth and was
considered a good candidate for an additional planting area due to its low existing SAV coverage. Later
in the day on October 1g, this rectangular area was marked with pvc pipes by Quible and coordinates
recorded for future mapping by George Wood (See attached Google Earth Map with this planting area
identified). Also see attached emails with progress reports.
In addition to relocation of this existing SAV, we took the opportunity to bolster the relocation areas by
direct distribution of SAV seed into the substrate. Seed pods of Vallisneria Americana (Wild celery) were
collected from a site with a similar ecotype and water quality conditions to the TOSS relocation areas.
The seed pods collected were inserted into the sandy substrate of the rectangular planting area
established on October 1s1 as well as the northern end of the triangular-shaped planting area.
I have also attached several photos from this transplanting effort. Feel free to contact me at
252.261.3300 or brub?uible com if you have any questions related to this work.
•
5 -AV P l AIM,)3 Ateat ; d -rv Y 6; eol o? Oc'?- , ; n d: ca}gd
Brian Rubino
From: Brian Rubino
Sent: Tuesday, October 06, 2009 9:14 AM
To: '[e-mail]'; 'Jayne and Tom Bennett'
Cc: Warren Eadus
Subject: FW: TOSS SAV
Tom and George,
Warren and I had a productive day on Friday. We have transplanted the majority of the SAV in the channel where
George's map identified it. The majority of our efforts on Friday went towards transplanting the new relocation area
that we all found on Thursday and Warren and I marked with pvc markers. We filled that area pretty well and felt good
about how it looked at the end of the day. The plants we started planting in there on Thursday looked good and were
holding in place. We also, as requested, did some planting at the dead end canal adjacent to the Civic Assoc. Property at
Hillcrest and Hickory as well as the snub canal at the Civic Assoc. Property at Redbay.
In addition, we planted Vallisneria americona seed pods throughout the new area as well as in a transplanting area in
the triangular relocation area near the northwest end where we did a considerable amount of transplanting earlier last
week. The Vallisneria seed pod planting is more of a bonus additional effort, that while not required at all, may help
gain a little more best faith effort recognition with the regulatory agencies. The seed pods were easily collected from a
very similar ecotype. We have seen impressive Val beds in the Currituck Sound, North River and Albemarle Sound.
While this is the first season that we've done any SAV investigations at the TOSS dredge channel, one reason for no Val
may be lack of seed supply (it may bypass the area due to the geographic position of Martin's Point). The bottom type,
depth and salinities are right.
*We are planning on putting another day or half day into transplanting, but we figured we would do that late this week
after George's meeting w/ NMFS and USACE to see if that had any specific tasks that they require or suggest. Please
keep me informed after the meeting and call or email w/ any questions.
Thanks,
Brian
Brian D. Rubino, P.G.
Quible & Associates, P.C.
P.O. Drawer 870
Kitty Hawk, NC 27949
[phone] office phone
[phone] fax
w?
ENCINEERINC ' CONSULTING 4 PLANNING
ENVIRONLIENTAL SCIENCES ` SURVEYING
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the sender and delete the material from any computer.
0
From: Brian Rubino
Sent: Thursday, October 01, 2009 5:47 PM
• To: '[e-mail]; 'Jayne and Tom Bennett'
Cc: Warren Eadus
Subject: TOSS SAV
George,
After we met and identified an additional planting area, Warren and I staked the area with pvc markers and picked up
coordinates on each of the four markers for you to plot for your upcoming meetings and submissions to USACE and
NMFS if you wish. As we estimated during our recon of that area earlier, the SAV cover within that area is currently
approximately 10 percent. The area is approximately 150 ft x 120 ft (close to being a true rectangle). We were not able
to expand the area further without getting into dense SAV beds in any of the four directions. The existing SAV in that
area is predominantly Widgeon grass, but there are minor amounts of Sago pondweed and very little Eurasian milfoil
and Coontail. The coordinates of the set markers delineating the area are as follows (handheld gps used w/ -15 ft level
of accuracy at the time used):
Marker 1: 36.12600°N, 75.74462°W
Marker 2: 36.12601°N, 75.74497°W
Marker 3: 36.12557°N, 75.74501°W
Marker 4: 36.12559°N, 75.74461°W
Overall, transplanting work went well today. After doing some transplanting into the deadend canal at the civic assoc.
property (where we me Tom this morning), we planted several baskets full of SAV into the new area this afternoon. Our
first area, as we discussed, is about maxed out. We planted the "holes" (random open sand areas) in that triangular
area on Tuesday. The majority of the rest of that area has good growth already.
We'll be at it tomorrow. Give us a call or stop by if you want to .
Thanks,
Brian
Brian D. Rubino, P.C.
Quible & Associates, P.C.
P.O. Drawer 870
Kitty Hawk, NC 27949
[phone] office phone
[phone] fax
A94
ENGINEERING • CONSULTING ' PLANNING
ENVIRONMENTAL SCIENCES • SURVEYING
LEGAL DISCLAIMER
The information transmitted is intended solely for the individual or entity to which it is addressed and may contain confidential and/or privileged material. Any
review, retransmission, dissemination or other use of or taking action in reliance upon this information by persons or entities other than the intended recipient is
prohibited. If you have received this email in error please contact the sender and delete the material from any computer.
is
Tracking:
TOSS SAV Relocation
2009

Photograph 1
Planting area markers
0

Photograph 5
0 SAV transplanting
Photograph 4
SAV transplanting
Photograph 2
Floating SAV baskets for transplanting
Photograph 3
SAV transplanting

Photograph 6
Ruppia mariruna
•
•
TOSS SAV Relocation
2009
Photograph 10
Vallisneria Americana seed pods
40
Photograph 7
Ruppia maritima with mature seeds
Photograph 8
Stuckenia pectinata with seeds
Photograph 9
SAV transplanting
1?1
EcOASTAL MANAGEMENT
E----BETH CITY
Soil Erosion &
Sedimentation Control Plan
Modification
Submission
•
NCDENR,LQS
:7
Quible
• Quible & Associates, P.C.
ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING
SINCE 1959
June 23, 2010
Richard Peed
NCDENR, Land Quality Section
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
RECEIVED
COASTAL A%IANAGEMENT
ELIZABETH CITY
P.O. Drawer 870
Kitty Hawk, NC 27949
Phone: [phone]
Fax: [phone]
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Voldivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
Re: Soil Erosion & Sedimentation Control Plan Modification
Town of Southern Shores - Phase 1 - Canal Maintenance Dredging Project
Town of Southern Shores, Dare County, North Carolina
Dear Ricky;
To follow upon our project scoping meeting conducted on June 1, 2010 at the Washington Regional
• Office the following items are being submitted for your review and approval:
1. One (1) original and two (2) copies of the Financial Responsibility / Ownership Form;
2. Three (3) copies of the attached list of Landowners of Record;
3. Three (3) copies of the most current deed for Lot 3, Block 94, Southern Shores, Soundside;
4. Three (3) copies of the License and Indemnity Agreement between Benjamin Chandler
Spawr and Martha M. Spawr and Byrd Brothers Emergency Services, L.L.C.
5. Three (3) copies of the most current deed for Lot 4, Block 94, Southern Shores, Soundside;
6. Three (3) copies of the License and Indemnity Agreement between John F. Eck and Carol
A. Eck and Byrd Brothers Emergency Services, L.L.C.;
7. Three (3) copies of the most current deed for Lot 5, Block 94, Southern Shores, Soundside;
8. Three (3) copies of the License and Indemnity Agreement between Michael A. George and
Janet A. George and Byrd Brothers Emergency Services, L.L.C.;
1g59
09. Three (3) copies of the Letter of Authorization from Byrd Brothers Emergency Services,
L.L.C., allowing the Town of Southern Shores to pursue permits for the maintenance
dredging project on the parcels of land identified within the License and Indemnity
Agreements;
10. Three (3) copies of the document entitled "Project Protocol for Monitoring Effluent
Discharge" as prepared by RBDD;
11. Three (3) copies of the document entitled "Project Protocol for Booster Pump Monitoring"
as prepared by RBDD;
12. Three (3) copies of the document entitled "Project Protocol for Evaluating a new Polymer"
as prepared by RBDD;
13. Three (3) sets of Plans, Sheets 1-5 of 5;
14. Three (3) copies of the project narrative;
15. Three (3) copies of the relevant portion of the USGS Quadrangle;
16. Three (3) copies of the written specification Section 02370 Erosion and Sedimentation
Control.
• As you are aware we successfully permitted this maintenance dredging project with a different
disposal area, the Stone Parcel with spoil disposal at the Duckwoods Country Club, last year. We
then subsequently modified this permit to address a separate method for handling the spoil material
utilizing a hydrocyclone. We prepared application packages, supporting documents and paid fees
for the areas of disturbance.
The attached project narrative contains additional details pertaining to the execution of the project
as well as a comparison of fees paid versus areas actually disturbed.
Please review and approve the attached and please call with any questions.
Sincerely,
Quible & Associates, P.C.
?? .
Joseph J. Anlauf, P. .
encl.: as stated
cc: Peter Rascoe - Town Manager
Tom Bennett - Town Project Manager
• Eric Wainwright - Byrd Brothers Emergency Services, L.L.C.
John Cece - NCDENR, DCM
FINANCIAL RESPONSIBILITY/OWNERSHIP FORM
. SEDIMENTATION POLLUTION CONTROL ACT
No person may initiate any land-disturbing activity on one or more acres as covered by the Act before this
form and an acceptable erosion and sedimentation control plan have been completed and approved by the
Land Quality Section, N.C. Department of Environment and Natural Resources. (Please type or print and, if
the question is not applicable or the e-mail and/or fax information unavailable, place N/A in the blank.)
Part A.
1. Project Name P NSF 1 CANAL MAtWeN +4CE O ?Lwa ttjch ?'R-oJFZT

2. SouTt+EPa.!
Location of land-disturbing activity: County J AteE City or Township S44Q ES
Highway/Street 1Att..l.Ctz. 'DOL. Latitude 36'08'10" N Longitude 7G**+'3o" yJ
I Approximate date land-disturbing activity will commence: SF_T-Mwt151C-P_ Z-01 e
4. Purpose of development (residential, commercial, industrial, institutional, etc.): DR"E Sftm "WSPQSAL
5. Total acreage disturbed or uncov red (including off-site borrow and waste areas): 3. Ac2ES
SEI! NWAcOft-\
6. Amount of fee enclosed: $ NJ* C-IFTWPL J . The application fee of $65.00 per acre (rounded
up to the next acre) is assessed without a ceiling amount (Example: a 9-acre application fee is $585).
7. Has an erosion and sediment control plan been filed? Yes__X_ No Enclosed
8. Person to contact should erosion and sediment control issues arise during land-disturbing activity:
• Name-Towl "6ENN E--M- E-mail Address W b o1oXQ e_vA64r 1y%as1. cowl
Telephone CT1 Z? ZG I - ZS 11 Cell #6252 61 q- S je Fax #
9. Landowner(s) of Record (attach accompanied page to list additional owners):
SEE 4'rTA4tHED LIST)
Name Telephone Fax Number
Current Mailing Address Current Street Address
City
State Zip
City
State
Zip
10. Deed Book No. Page No. Provide a copy of the most current deed.
SEE Pt"R Ac C H-ED Lt ST
Part B.
Person(s) or firm(s) who are financially responsible for the land-disturbing activity (Provide a
comprehensive list of all responsible parties on an attached sheet):
7- w m oP Sou-r4F-JZ'4 S4+OMFS
Name
53'75" N. Vtasx?N?ADA¢r?"TaAtt_
Current Mailing Address
• Sovr"ERN ".A-Mes NC Z-7949
City State Zip
P[A$Coe LZ Soy+U &Asl ar.. hG cloy
E-mail Address
Current Street Address
City
State
Zip
Telephone Cue) 2G 1 - Z344 Fax Number CZSZ? Z??- Q?
•
•
.7
2. (a) If the Financially Responsible Party is not a resident of North Carolina, give name and street address
of the designated North Carolina Agent:
N A
Name E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone Fax Number
(b) If the Financially Responsible Party is a Partnership or other person engaging in business under an
assumed name, attach a copy of the Certificate of Assumed Name. If the Financially Responsible
Party is a Corporation, give name and street address of the Registered Agent:
N /A
Na a of Registered Agent E-mail Address
Current Mailing Address Current Street Address
City State Zip City State Zip
Telephone Fax Number
The above information is true and correct to the best of my knowledge and belief and was provided
by me under oath (This form must be signed by the Financially Responsible Person if an individual
or his attorney-in-fact, or if not an individual, by an officer, director, partner, or registered agent with
the authority to execute instruments for the Financially Responsible Person). I agree to provide
corrected information should there be any change in the information provided herein.
'PeTER 7?AscoE
Type or print name
Oure
- -----------------
TowN ?Ngc?Ect
Title or Authority
(?Ip' - Z 2 0
Date
a Notary Public of the County of State of North Carolina, hereby certify that ?:j?(?e_ appeared
personally before me this day and being duly sworn acknowledged that the above form was
executed by him.
Witness m 1Odb"qrial seal, this day of 1 one
20 10
Notary Public
Dare County t f ??
=My Comm3ission Expires=
.L Se,5 11 12014 o a i
0
\,\t ,??\\\ My commission expires (`?j
Q \ l?
CIAIRO ?\\\
•
Landowner's of Record
Attachment to Financial Responsibility/Ownership Form - Sedimentation Pollution Control Act
Phase 1 - Canal Maintenance Dredging Project
Town of Southern Shores, Dare County, North Carolina
1. Benjamin Chandler Spawr & Martha M. Spawr
Lot 3, Block 94, Southern Shores, Soundside
P.O. BOX 2012
Kitty Hawk, NC 27949
Pin Number: 9868 13 24 1121
D.B. No.: 1367 Page No.: 182
2. Jack F. Eck & Carol A. Eck
Lot 4, Block 94, Southern Shores, Soundside
279 Hillcrest Drive
Southern Shores, NC 27949
Pin Number: 9868 13 23 0204
D.B. No.: 1313 Page No.: 325
3. Michael A. George Trustees & Janet A. George
Lot 5, Block 94, Southern Shores, Soundside
20 Beechnut Drive
Long Valley, NJ 07853
Pin Number: 9868 13 14 9308
D.B. No.: 1709 Page No.: 404
L_-J

•
Filed Sock; 1907 Page: 102 Doo Id: 0030211
00/12/2001 04;l9pR
DOC Code: DEED R*0EiPt M: 20017
S"BARR M GRAY, REGISTER OF DEEDS DAREECO, NC7ax pd: =100 00
L.T. # oil - ('
TAX PARCEL # 21408000
I% Land Transfer Tax - $950.00
Excise Tax - $190.00
Prepared by:
Charles D. Evans
KELLOGG AND EVANS
P.O. Box 189
Manteo, NC 27954
Return to:
John G. Gaw, Jr.
P.O. Box 1890
5121 N. Croatan Highway
Kitty Hawk, NC 27949
II?III IIII' II?III' IIII IN?II llll?III?I III IIII IIII I'?I 61130211
2 01 0MUM
NORTH CAROLINA, DARE COUNTY
DARE ? RE STAT\-E,,,
COUNTY
TRWNS TA)
LT I! (? 7- 'D
lwV
THIS DEED made this the 2(D?` day of 1, by and between
WILLIAM E. MURRAY, Co-Trustee, and GROO cessor Co-Trustee for
Walker McKinney, Co-Trustee, deceas , of the Will E. Murray Trust dated
December 24, 1984, parties of the first pa o BENJAMI HANDLER SPAWR, of
12214 Overlook Mountain Drive, Charlotte, 28216, p f the second part:
THAT the said parties of the fill,
HUNDRED ($100.00) DOLLARS
hand paid by the said party of the se
have bargained, sold and convey
the said party of the second part, i
in the Town of Southeny.9hores, t
particularly described a olJtiws:
Being Lot No. 3 k
"Soundside Bl c , Soi
Kitty Hawk, N. .", dated
WITNESS
for and in consideration of the sum of ONE
el-,good and valuable consideration to them in
e eipt of which is hereby acknowledged,
Alkeseptesents do bargain, sell and convey unto
ass ns, all those certain lands lying and being
ship, Dare County, North Carolina, and more
"hown on that certain map or plat entitled
f-Shores, Kitty Hawk Land Company, owner,
1965, prepared by P. F. Crank, Jr., Registered
and c ded in]
¢ok 2, Page 268, in t he Public Registry of Dare
o Ca ma.
1" d min 1 r' hts are not hereby conveyed.
d being "perty conveyed to Walker McKinney, Trustee for the
]Bart. Murray Trust, dated December 24, 1984, by deed dated
emb&,2, 1988, and duly recorded in Book 589, Page 295, Public
ItegigI of D(.e County, North Carolina, the said Walker McKinney having
appoin the said David Groom as Successor Co-Trustee by an instrument
dated a ch 20, 2000 to be effective upon the death of the said Walker
\ y, the said Walker McKinney having died August 20, 2000.
conveyance is made subject to the ad valorem taxes for 2001 and any
e ements, covenants and restrictions of record and any governmental rules
and regulations that may affect the use thereof.
-TO HAVE AND TO HOLD the above described lands and premises together with all the
p vileges and appurtenances thereunto belonging unto the said party of the second part, his
)heirs and assigns, in fee simple forever.
AND the said parties of the first part, for themselves and their successors, administrators,
executors and assigns, covenant to and with the said party of the second part, his heirs and
II11IIII1IIIII'111IIIIIIIIIIMIIIIIIIIIlIIIIIIIN 4s72 0t 04:30PM
•

0
assigns, that they are seized of said lands in fee, that they have a good right to convey the
same in fee simple; that the same are free and clear of all encumbrances whatsoever except
as otherwise set forth herein; and that they will forever warrant and defend the title to the
same against the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands
and seals the day and year first above written.
STATE OF
CITY/COUNTY OF
December 24, 1984 personally ap rr
of the for=. ins rument. Witness
day of 20 D
1 '
eY. _ 0
??f lllllli4l/11\'? O
1.
STATE F
CITY/C 00 d?N"f 7
WILLIAM E. MURRAY,
William E. Murray Trust DI
1984
h
AVID G
Walker Me
William E.
1984 ---
(SEAL)
ce or o- stee for
Co-T t , dece ed, of the
?Y Trust a ed December 24,
,`,4a N-otacy'Public of the County and State
Trustee of the William E. Murray Trust dated
e me this day and acknowledged the execution
land official stamp or seal, this the
Public
0-0/0
v
I, 'A , a Notary Public of the County and State
aforesai rt i that D vid Groom, Successor Co-Trustee for Walker McKinney, Co-
Trustee deceas the William E. Murray Trust dated December 24, 1984 personally
app me is day and acknowledged the execution of the foregoing instrument.
Wi n ss my h n and official stamp or seal, this the Lc' day of ihARt
20

Notary Public
STAMP
r ' - '11?y ?QfUE
Notar
P
b
i

Commission E ,

y
u
l
c
xpires_
_?? C?z
dyfil,t,:i4`? ,,
?
Tracy r -- 7 .. - .
t? f
?
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.
.

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'
. l11:1!1!1
•

Illlllllllllllllillllllllllllllllilllllllllllllllllllll ° °?zm of 04:38PM
NORTH CAROLINA, DARE COUNTY
The foregoing Certificate& of _L`lA\i0.. ??Qe? b? ?s1Ct?tt r? 5??.?1r
aMd'Mrrtified to be correct.
This instrument and this certificate are duly registered at the date and time
and Page shown on the first page hereof.
BARBARA M. CRAY By:_
REGISTER OF DEEDS T REGIST

?F'Q) I
the Book
XolIna
Watt,"')
0
0 LICENSE AND INDEMNITY AGREEMENT
THIS AGREEMENT between Benjamin Chandler Spawr and Martha M. Spawr
(hereinafter identified as "PROPERTY OWNERS" and BYRD BROTHERS
EMERGENCY SERVICES, LLC, a Limited Liability Corporation, organized and
existing under the laws of the State of North Carolina (may be referred to hereinafter
referred to as "BYRD BROTHERS" and the Town of Southern Shores, North Carolina
(hereinafter as referred to "TOSS").
WHEREAS, TOSS is a body corporate and politic existing under and pursuant to
the laws of the State of North Carolina.
WHEREAS, BYRD BROTHERS is a limited liability company with offices at
5164 Lamm Road, Wilson, North Carolina 27893 and has been engaged by Sampson
Contracting, Inc. to supervise and facilitate certain dredging operations, more particularly
described in the site plan for Canal Maintenance Dredging Project, Phase One, Exhibit 1
(incorporated herein by reference and made a part hereof), (hereinafter may be referred to
as "the Project").
WHEREAS, PROPERTY OWNERS, are the owners of certain property located
at 275 Hillcrest Drive, Southern Shores, Dare County, North Carolina. (Hereinafter
referred to as the "PROPERTY").
WHEREAS, BYRD BROTHERS desires to use OWNERS' PROPERTY upon
which to permanently place dredging spoils and other materials generated in connection
with the Project, thereby on their behalf and on behalf of all other entities, corporate and
politic, in accord with, and associated or allied with them, and not objecting thereto, and
to invest ownership of the spoils so placed in the said owners, their successors, heirs and
assigns, absolutely.
WHEREAS, the PROPERTY OWNERS agree to grant permission to BYRD
BROTHERS to come upon that portion of the PROPERTY OWNERS property
designated for the Project and do all things reasonably necessary in preparation for the
dredging of the canals and generating spoils. Thereafter a portion of the spoil produced
during the performance of Phase One of the Project may be permanently placed and
deposited on said property in accord with the site plan. The dredging spoils shall consist
of sand and other such materials and placed at the direction of BYRD BROTHERS or as
furthers provided for hereinafter. Any material (spoil) deemed as "excess" by the Ecks
and Georges will be accepted by the PROPERTY OWNER. A copy of the tentative plan
for the work site is attached.
WITNESSETH
In consideration of BYRD BROTHERS being allowed to permanently deposit -
a portion of the dredging spoils, and specified materials utilized in berm/containment
• construction on said property, and in consideration of PROPERTY OWNERS receiving
Page 1 of 8
dredging spoils and ancillary work that must be performed thereon, including but not
limited to grading, reclamation, grassing and seeding, and other mutual promises,
covenants and understandings as made between BYRD BROTHERS and PROPERTY
OWNERS, as set forth herein, and other good and valuable consideration, the receipt and
sufficiency which is hereby acknowledged, BYRD BROTHERS and the PROPERTY
OWNERS (hereinafter may be referred to as "the parties") agree as follows%
ARTICLE I
PERNUTTED ACTIVITIES
1. BYRD BROTHERS/TOSS may use those portions of the PROPERTY for
the conducting of the Project as depicted and set forth in more detail in Exhibit 1.
2. The PROPERTY OWNERS shall permit BYRD BROTHERS or its assigns,
successors, or agents to place on their PROPERTY dredging spoils and related materials
produced as a result of the performance of Phase One of the Project. It is further agreed
that, at the PROPERTY OWNERS request, the location of the spoil materials and the
final grade shall be in conformity with and as described and depicted in the grading plan
marked Exhibit 2 which is incorporated herein by reference and made a part hereof.
3. PROPERTY OWNERS shall permit this use of the Property for the complete
. duration of Phase One and PROPERTY OWNERS shall have the option of continuing
this Agreement for Phase Two and Phase Three of the Project, although it is not known at
the time of the execution of this Agreement if BYRD BROTHERS will participate in
any additional Phases.
4. Except as further set out herein, the PROPERTY OWNERS shall permit
BYRD BROTHERS, its personnel, successors and assigns, state inspectors and
necessary personnel the right of entry upon the Property to perform, conduct and
implement the Project Plan. Access to the property shall be limited to those individuals or
groups identified by BYRD BROTHERS as set forth in Exhibit 3. A list of authorized
personnel shall be maintained by BYRD BROTHERS. BYRD BROTHERS may
modify the list in its discretion but shall notify the PROPERTY OWNERS weekly of
any additions or deletions thereto or therefrom. (The initial version of Exhibit 3 is
attached hereto, incorporated herein by reference and made a part hereof). All others shall
be considered to be trespassers regardless of point of entry.
5. Enforcement and control of access shall be vested in BYRD BROTHERS.
This shall not operate to preclude the PROPERTY OWNERS and their invites from
access to the site. BYRD BROTHERS may erect such fences and protective barriers,
markers and signs as they deem necessary to identify the job site and restrict access
thereto. Control of access and the restrictions to the property shall commence at the
beginning of the execution of this agreement, and continue for 60 days after the
completion of all work as required or allowed herein.
•
Page 2 of 8
Cs??'
•
6. BYRD BROTHERS may assign its rights granted in this Agreement to other
persons or entities to which assignment the PROPERTY OWNERS agree.
ENVIRONMENTALCONDITIONS
1. All work performed by BYRD BROTHERS shall be in compliance with the
specific permit requirements and conditions as established by the Coastal Area
Management Act (CAMA) and all subsidiary agencies having jurisdiction over any part
of the operations to be conducted, including NCDENR departments of soil and water
quality.
2. The work to be performed hereunder shall include construction of berms and
the permanent placing of a portion of the spoil material dredged form the canals on the
PROPERTY OWNERS property.
3. TOSS established the requirements and specifications for the Project. TOSS is
the holder of the State permit approving the dredging plan. As permittee TOSS has the
joint and several responsibility for assuring the performance of the Project as required by
permit conditions and engineering specifications.
4. The PROPERTY OWNERS are relying upon the assurances, knowledge,
• representation and expertise of BYRD BROTHERS and TOSS that the dredged
materials are suitable for placement upon their property, and their property is suitable to
receive same as a spoil disposal area.
It is further understood and agreed that the PROPERTY OWNERS have
no independent knowledge of the content of constituent parts of the dredged materials
themselves. BYRD BROTHERS and/or TOSS shall defend, represent the interests of
and indemnify the PROPERTY OWNERS in the event that any violation of the
Comprehensive Environmental Response and Liability Act of 1980, 32 USCA §§ 9601-
9675 (CERCLA), as amended by the Super Fund Amendments and Reauthorization Act
of 1986 (SARA) are alleged or action thereunder initiated.
INSURANCE REQUIREMENTS
1- BYRD BROTHERS agrees to provide PROPERTY OWNERS a Certificate
of Insurance listing the PROPERTY OWNERS as additional insured with the coverage
and limits as set forth on the Certificate of Liability Insurance, a copy of which Is marked
Exhibit 4 and attached hereto and made a part hereof by reference. Liability insurance
shall be maintained for the protection of the PROPERTY OWNERS during their
maximum period of liability or exposures resulting from the activities permitted herein.
•
Page 3 of 8
SITE CLOSURE
1. Final grade will be subject to the approval of the PROPERTY OWNERS.
The grading shall be in accord with the Grading Plan marked Exhibit 2 which is attached
hereto and incorporated herein by reference.
2. Upon satisfactory completion of the grading, the Property will be seeded with
seasonal grasses and a minimum coverage of at least 80% maintained through two
complete growing seasons.
INDEMNITY
1. BYRD BROTHERS shall indemnify and hold harmless the PROPERTY
OWNERS from loss claims, damages and expenses arising out of or resulting from
performance of BYRD BROTHERS work on the Project, whether such claims losses,
damages or expenses are a direct, indirect or consequence of the performance of the acts
as allowed or contemplated herein.
2. It is specially agreed and within the contemplation of the parties and as part of
the bargained for valuable consideration in support of this Agreement that BYRD
BROTHERS will defend or cause to be defended any action brought by any and all third
parties against the PROPERTY OWNERS, their agents or assigns resulting from their
entering into, performing or exercising rights in accord herewith.
ARTICLE II
MISCELLANEOUS PROVISIONS
The provision of Article I not withstanding, the provision of Article II, shall take
precedence in the event of a conflict or ambiguity.
1. BYRD BROTHERS and the Town of Southern Shores warrant that all
required permits have been applied for, granted or will soon be applied for.
2. Use of the PROPERTY OWNERS property for Phase Two and/or Phase
Three is not contemplated herein. As such, the PROPERTY OWNERS participation in
Phase Two and/or Phase Three is a subject of future negotiations. Any future
participation will be dependent upon reaching satisfactory agreement as to compensation
and all insurance and other indemnifications as set forth herein and any Exhibits.
3. BYRD BROTHERS and the TOSS shall not unilaterally make changes in the
requirements and/or conditions of this agreement, including those required by State
Agency, without the consent of the PROPERTY OWNERS.
Page 4 of 8
4. BYRD BROTHERS shall exercise extreme care to protect the trees and other
growth as depicted in the engineering drawings in Exhibit 1.
5. BYRD BROTHERS in cooperation with TOSS shall promptly respond
appropriately to any inquiries, threats, written or verbal, and shall make a good faith
effort to resolve them without harm or any expense to the PROPERTY OWNERS.
6. BYRD BROTHERS shall make reasonable efforts to minimize or reduce any
stench from decaying matter produced by dredging and deposited on the Property.
8. BYRD BROTHERS shall provide trash and refuse containers and the work
area shall be cleaned up daily. The work area shall be maintained in a neat and orderly
manner as nearly as is possible.
9. Portable Toilets are required and shall be placed out of the public's view.
10. Nails, placards or signs shall not be attached to any tree or shrub on Owner's
land. Only those areas indicated in the Project Plan drawings may be used by BYRD
BROTHERS and TOSS. All other areas are reserved for the Owner's use.
11. The PROPERTY OWNERS, TOSS, and BYRD BROTHERS must
sign/approve the final grading plan as depicted in Exhibit 2.
12. PROPERTY OWNERS shall be provided an opportunity to review the
modified final contract and Project Drawings and specifications between BYRD
BROTHERS and the TOSS.
14. This Agreement may be terminated or cancelled upon written agreement
between the PROPERTY OWNERS and BYRD BROTHERS. In such event no
compensation paid to or on behalf of the PROPERTY OWNERS shall be demanded or
paid.
15. This agreement shall become effective upon execution and when all Exhibits
are prepared, available and initialed. Execution shall be when both BYRD BROTHERS
and PROPERTY OWNERS sign and date same along with any available attachments and
the payment of compensation as agreed upon to the PROPERTY OWNERS has been
made.
This Agreement shall terminate on April 30, 2011. However, the PROPERTY
OWNERS may extend the end/completion date if caused by weather or other
circumstances over which BYRD BROTHERS has no control. Said extensions shall not
be granted for any situation resulting from the performance of any other Phase without
prior, written from TOSS and written approval from owners.
1]
Page 5 of 8
• 16. This agreement shall terminate regardless of the status of the project should
BYRD BROTHERS and/or TOSS be found in violation of any permit and not notify the
PROPERTY OWNERS verbally within 48 hours or in writing within as specified for
the abatement of the violation and of the plan to remedy same. Notification to the
PROPERTY OWNERS shall be the duty of BYRD BROTHERS and TOSS. In the
event that BYRD BROTHERS and/or TOSS fail to notify the PROPERTY OWNERS
as required herein the PROPERTY OWNERS may avail themselves of any action legal
or equitable, that are available to protect their interests.
17. Upon default by BYRD BROTHERS, all terms and conditions as to
reclamation, site remediation as set forth herein shall apply, including grading, road
reclamation and re-vegetation.
18. BYRD BROTHERS shall cause a completion bond to be issued in a sum
sufficient to cover all expenses for the performance of non-completed close out,
including clean-up, grading, seeding and to partially compensate PROPERTY OWNERS
for their good faith reliance in the event of default. The completion bond shall be in an
amount of at least $50,000.00.
19. No action shall be taken that will disturb or alter the areas approved for a
septic field as identified by a permit issued by the Dare County Health Department. Said
permit is marked Exhibit 5, which is attached hereto and a part hereof.
• 20. Upon completion of all obligations and duties as required herein The Town of
Southern Shores shall abandon all right, claim or ownership interest in the portion of the
dredged materials. Absolute title to same shall be vested in the PROPERTY OWNERS,
their heirs, successors and assigns. It is understood that reclamation of the site will
necessarily involve the mixture and consolidation of the dredged materials with the
soil of the PROPERTY OWNER so as to make them indistinguishable and not
susceptible to separation.
21. BYRD BROTHERS may place upon the PROPERTY and use various
equipment and apparatus, including but not limited to pumps, pipe and flocculation
tanks, reasonably necessary for the dredging operations.
23. BYRD BROTHERS agrees to provide PROPERTY OWNERS with a
policy of legal insurance, i.e.-prepaid legal services. Any such policy may, in the
discretion of the PROPERTY OWNERS, be kept in full force and effect for a period of
five (5) years from the date of execution of this Agreement. Sufficient funds for the
payment of the premiums shall be born by BYRD BROTHERS in an amount to satisfy
the requirements hereof.
25. This Agreement may be reproduced or copied. Any reproduction or copy
of same shall be given the same legal force and effect as an executed original.
Page 6 of 8

•

26. BYRD BROTHERS may provide off-site soil material for the construction
of berms and other soil structures to facilitate dredging operations and to adequately
grade the site to be conducive to maintenance, facilitate positive drainage, and prevent
runoff from adjacent areas encroaching onto the property. PROPERTY OWNERS
reserve the right of final approval. PROPERTY OWNERS agree that any such materials
may be permanently placed on the PROPERTY.
27. Pending PROPERTY OWNERS' final approval of the grading, BYRD
BROTHERS agree to provide 3 inches of soil of suitable quality to promote and establish
vegetative growth. Such material shall completely cover the area disturbed by the final
grading and all affected areas.
Page 7 of 8

•
This agreement is dated .-) L2 q' , 2010
BYRD BROTHERS Emergency Services, LLC
By Title:
5s?,c ?t , Zo( O
Date
PROPERTY OWNER
Beni in Chandler Sp
By Title:
• Date
Martha M. Spawr
.
By life:
Date
Page 8 of 8

0
•
CERTIFICATE OF LIABILITY INSURANCE OP ID BK DATE(MMIDD/YYYY)
BYRDB-1 05/11/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SIA Group HOLDER. THIS CERTIFICATE DOES NOT AMEND
EXTEND OR
827 Gum Branch Rd. ,
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW

Jacksonville NC 28540 .
Phone: [phone] Fax:[phone] INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURERA National Indem Ins/CRC Ins
Byrd Brothers Inc &
Byrd Brothers Emer
enc INSURER B: Illnoie union Ina. co/Weetrope
g
y
Services./ LLC.
2302
INSURER C: American Interstate Insurance
31895
NasA St N Suite E Box 241

Wilson NC 27896-1731 INSURER D: The Hanover Ins. Grou
p 22292

rnvcowr_ce INSURERE: CNA/Victor 0 Schinnerer
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NS TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE D
RMOW

LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
B X COMMERCIAL GENERAL LIABILITY G22025909004 06/01/09 06/01/10 PREMISES E 50
000
aoccurence) ,
$
CLAIMS MADE OCCUR MED
EXP (Any one person) $5,000
PERSONAL d ADV INJURY $1
000
000
,
,
GENERAL AGGREGATE $2
000
000
' ,
,
GEN
L AGGREGATE LIMIT APPLIES PER:
P
R PRODUCTS -COMP/OPAGG s2,000,000
E
POLICY X J
O LOC
AU TOMOBILE LIABILITY
A
ANY AUTO
70APS020640
06/01/09
06/01/10 COMBINED SINGLE LIMIT
(Ea accident) $1000000
r ,
ALL OWNED AUTOS
X SCHEDULED AUTOS BODILY INJURY
(Per person) $

X HIRED AUTOS
X NON-OWNED AUTOS BODILY INJURY
(Per accident) $

A X Hired Phy-Damage 70APS020640 06/01/09 06/01/10

A
X
$1000 Ded PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS / UMBRELLA LIABILITY EACH OCCURRENCE $15,000,000
B X OCCUR CLAIMS MADE G22023020004 06/01/09 06/01/10 AGGREGATE $15,000,000

0 DEDUCTIBLE $
X RETENTION $10,000

WORKERS CO PE TION $
AND EMPLOYERS' LIABILITY YIN X TORY LIMITS ER
C ANY PROPRIETOR/PARTNEWEXECUTIVg -t AVWCAL1823222009 06/01/09 06/01/10
OFFICER/MEMBER EXCLUDED? LJ E.L. EACH ACCIDENT $ 1, 000, 000
(Mandatory In NH)

If yes, describe under
SP
C E.L. DISEASE - EA EMPLOYEE $1,000,000
E
IAL PROVISIONS below
OTHER E.L. DISEASE - POLICY LIMIT $1,000,000
D Leased/Rented RHR3275270 06/01/09 06/01/10 300,000 $2500 Ded
E Pollution CSB288328521 05/11/10 05/11/11 2,000,000 10
000 Ded
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ,
CERTIFICATE 14n[ nFo
V/111 V GLL/1 I I VIA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI01
SPACE-1 DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
Benjamin Chandler Spawr IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
275 Hillcrest Drive REPRESENTATIVES.
Kitty Hawk NC 27949 AUTHORI REPRESENTA!!I?
25 (2009101) ©1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
.._,..... -- .,

LT# 6638-99
Land Transfer Tax: $920.00
Excise Tax $184.00
REAL ESTATE ..
TRANSFER TAX .
Recording Tim¢-_B
Tax Lot No. ..... .. ...... Parcel Identifier No 021 ... 0
Verified by ....... .. County on the ..... day of . - \ 19 -
by . ............. .. ... ... .. . ....... .. . . \.. . .... 1 .....
Mail after recording to ._ ... .... .... Sharp, Michael, Outten & Gra a \.
P.O. Box 1027, Kitty Hawk,N27949.
.......
This instrument was prepared by .. John G. Gaw, Jr., Atty at a RE85 llc
Brief description for the Index Lot 4, Blk. 94, S ern Shore
NORTH CAROLINA GEN AL WA ANTY DEED
THIS DEED made this .22nd day of .................December__„_ ?, .. _ 19.... .. "y and between
GRANTOR GRANTEE
ELEANOR BRAUCH PETERSON, TRUSTEE OF T%JOHN F. ECK and wife,
ELEANOR BRAUCH PETERSON REVOCABLE TRL A. ECK
• U/A/D November 21, 1996
Hawthorne Rd.
MD 20646
Enter in appropriate block for each party:
The designation Grantor
shall include singular, p;
WITNESSETH, that the
acknowledged, has and t?
certain lot or parcel otjla
Dare \\
address, n if appropriate, character of entity, e.q. corporation or partnership.
the i shall include said parties, their heirs, successors, and assigns, and
hutninie,?r neuter as required by context.
Miiable consideration paid by the Grantee, the receipt of which is hereby
es rant, bargain, sell and convey unto the Grantee in fee simple, all that
City of ... .. Atlantic Township,
Carolina and more particularly described as follows:
Being N 4I Block No. 94, as shown on that certain map or
plat re lSoundside Block 94, Southern Shores, Kitty Hawk
Land ny, ner, Kitty Hawk, N.C.," dated June 1965, prepared
by P. an , Jr., Registered Surveyor, and recorded in Book 2,
P 2 in he Public Registry of Dare County, North Carolina.
N wa a is made as to gas, oil and mineral rights.
•

Filed Beek: 1313 Paoa: 326 Dee Id: 6001193
01/0612000 04:200M Receipt 0: 2009
Doc Code: DEED NC Excise Tax pd; $164,00
BARBARA M GRAY, REGISTER OF DEED$ DARE CO, NC
11111111111111 IN IN 6110512098 04:20PM
DARE
COUNTY
N. C. Bar Assoc. Form No. 3 © 1976. Revised X81 1977 - --l-& co, mr.. eo. m. v,d,-mua N, c 27055
". n, A--- - m N C Be. nme. - ,get
200of 2
1111111111111 KIM P0?1?/0 133
0 WWII
•
Pap 656,
The property hereinabove described was acquired by Grantor by instrument recorded in BookS..
...................U., ...... Pa$... .......................
Dare County Registry
......... .
A map showing the above described property is recorded in Plat Book .. 2_ _
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premi
the same in fee simple, that title is marketable and free and clear of all encumbn
defend the title against the lawful claims of all persons whomsoever except for Pm
Title to the property hereinabove described is subject to the following excepfl9»F
General utility easements and rights of way of
Ad valorem taxes subsequent to 1999, not_ d
Restrictions and covenants of record
•
rN WITNESS WHEREOF, the Grantor has hereunto
corporate name by its duly authorized officers and Its seal
above written.
----------------------------
-----------------------------------
(Corporate Name)
By: ___________________________________________
..2.68......`._ .
lit pur an es they.o elonging to
in a simp e, as the right to convey
ices, n rantor will warrant and
xceptio h inafter stated.
e.
egi ry.
hand and seal, or If corporate, has caused this instrument to be signed in its
eunto afnxed by authority of Its Board of Directors, the day and year flrat
a L OR BRAUCH PETERSON, Trustee
___________________________________________________(SEAL)
ATTEST: ---------President
(SEAL)
(1!? -------------------------------------------------
V1 ------- 11NI/I _ 'Secretary (Corporate W
N???PtY A. y" V/ -MARYLAND (SEAL)
31?e*0 y% ?? xsgc?lg 1f41?. ------ ------------ Pnr--------county.
k =' T g9} u I Notary ub of the o ty and state aforesaid, certify that Eleanor' Brauch Peterson,''''''
T s _ = 9 1s -- ee - --- ----- anon-Brauc_-_h-Peterson - Revo ---cable-Trust ----------------- Grantor,
t - ---- - ----------- ------------ ------ ----------- _
_
ms's i0bgtlC
?Z'., • O ers Ily pe d before me this day and acknowledged the execution of the foregoing instrument. Witness my
V// i' TCOUNTq'????\\ ?'' no d official m or seat, this _01± day of - December---------------------' 19.99,
???///IIII I I I t V11tt??\` 1 ? ,v? ?r?1
Y Comm ton pires: ° -_ "ri---- ___------ __1.-@W3----- Notary Public
SEAL-STAMP T AROLINA_ __________________________________ County.
a No ubllc of the County and State aforesaid, certify that __________________________________________
m yFrs?o ally came before me this day and acknowledged that ____ he is ___________________________ Secretary of
M _ a North Carolina corporation, and that by authority duly
u
glue no as the act of the corporation, the foregoing instrument was signed In its name by Its _______________
C `/\ \
\ R7
res ant, sealed with its corporate seal and attested by ----------- as its ___________________________ Secretary.
Witness m hand and official stain or seal, this -day of
My commission expires: ______________________________ - Notary Public
------------ ---//----------___
e to oin Ce ific e\s) __ ___ ----- ___ _t/_ _ ?5..
_ ______________________
__ _ ____________________________________________________
___ >_________________ ____________________________
• is/atrcertlfied b correct. This instrument and this certificate are duly registered at the date and time and in the Book and Page shown on the
\ tirst page hereof.
?:-----
------ -- --------------- 'REGISTER OF DEEDS FOR___
-------------- COUNTY
By ? `-------- ---- - -----------------____..?Wy/Assistant-Register of Deeds
\__f
N. C. Sur A.snc. Form Na. J 1976, Revised , 1977 - Jame wni?am: a a.. i-.. so. 2,, vmc?,,.,n., N. c moss
a?.?? ?r A9?a.men? w,tn ,ne rv. C ea. a.,ac. 1981
•
LICENSE AND INDEMNITY AGREEMENT
THIS AGREEMENT between JOHN F. ECK and CAROL A. ECK, Husband
and Wife (hereinafter may be identified as "PROPERTY OWNERS" and BYRD
BROTHERS EMERGENCY SERVICES, LLC, a Limited Liability Corporation
organized and existing under the laws of the State of North Carolina (may be referred to
hereinafter as "BYRD BROTHERS" and the Town of Southern Shores, North Carolina
(may be referred to hereinafter as "TOSS").
WHEREAS TOSS is a body corporate and politic existing under and pursuant to
the laws of the State of North Carolina,
WHEREAS, BYRD BROTHERS is a limited liability company with offices at
5164 Lamm Road, Wilson, North Carolina 27893 that has been engaged by Sampson
Contracting, Inc. to supervise and facilitate certain dredging operations within the
confines of the limits of the TOSS, and more particularly described in the site plan for
Canal Maintenance Dredging Project, Phase One Exhibit 1,( incorporated herein by
reference and- made a part hereof), (hereinafter may be referred to as "the project").
WHEREAS, PROPERTY OWNERS, John F. Eck and Carol A. Eck, are the
• owners of certain property located at 279 Hillcrest Drive Southern Shores, Dare County,
North Carolina and more particularly described as Lot 4, Block 94 as recorded in Deed
Book 1313 at page 0325, Dare County Registry (the "PROPERTY").
WHEREAS, BYRD BROTHERS desires to use OWNER'S PROPERTY upon
which to permanently place dredging spoils and other materials generated in connection
with the Project, thereby on their behalf and on behalf of all other entities, corporate and
politic, in accord with, and associated or allied with them, and not objecting thereto, and
to invest ownership of the spoils so placed in the said owners, their successors, heirs and
assigns, absolutely.
WHEREAS, the PROPERTY OWNERS agree to grant permission to BYRD
BROTHERS to come upon that portion of the PROPERTY OWNERS property
designated for the project and do all things reasonably necessary in preparation for the
dredging of the canals and generating spoils. Thereafter spoil produced during the
performance of Phase One of the Project may be permanently placed and deposited on
said property in accord with the site plan. The dredging spoils shall consist of sand and
other such materials and placed at the direction of BYRD BROTHERS or as further
provided for hereinafter.
WITNESSETH:
In consideration of BYRD BROTHERS being allowed to permanently deposit
dredging spoils on said property, and in consideration of PROPERTY OWNERS
?w
receiving dredging spoils and ancillary work that must be performed thereon, including
but not limited to grading, reclamation, grassing and seeding and the other mutual
promises, covenants and understandings as made between BYRD BROTHERS and
PROPERTY OWNERS, as set forth herein, and other good and valuable consideration,
the receipt and sufficiency which is hereby acknowledged, BYRD BROTHERS and the
PROPERTY OWNERS (hereinafter may be referred to as "the parties") agree as
follows:
ARTICLE I
PERMITTED ACTIVITIES
1. BYRD BROTHERS/TOSS may use those portions of the PROPERTY for
the conducting of the Project as depicted and set forth in more detail in Exhibit 1
2. The PROPERTY OWNERS shall permit BYRD BROTHERS or its assigns,
successors, or agents to place on their PROPERTY dredging spoils and related materials
produced as a result of the performance of Phase One of the Project. It is further agreed
that, at the PROPERTY OWNERS request, the location of the spoil materials and the
final grade shall be in conformity with and as described and depicted in the grading plan
marked Exhibit 2 which is incorporated herein by reference and made a part hereof.
3. PROPERTY OWNERS shall permit this use of the Property for the
complete duration of Phase One and PROPERTY OWNERS shall have the option of
continuing this Agreement for Phase Two and Phase Three of the Project, although it is
not known at the time of the execution of this Agreement if BYRD BROTHERS will
participate in additional Phases.
4. Except as further set out herein, the PROPERTY OWNERS shall permit
BYRD BROTHERS, its personnel, successors and assigns, state inspectors and other
necessary personnel the right of entry upon the property to perform, conduct and
implement the Project Plan. Access to the property shall be limited to those individuals
or groups identified by BYRD BROTHERS as set forth in Exhibit 3. A list of
authorized personnel shall be maintained by BYRD BROTHERS. BYRD
BROTHERS may modify the list in its discretion but shall notify the PROPERTY
OWNERS weekly of any additions or deletions thereto or therefrom. (The initial version
of Exhibit 3 is attached hereto, incorporated herein by reference and made a part hereof).
All others shall be considered to be trespassers regardless of the point of entry.
5. Enforcement and control of access shall be vested in BYRD BROTHERS.
This shall not operate to preclude the PROPERTY OWNERS and their invitees from
access to the site. BYRD BROTHERS may erect such fences and protective barriers,
markers and signs as they deem necessary to identify the job site and to restrict access
thereto. Control of access and the restrictions to the property shall commence at the
beginning of the execution of this Agreement, and continue for 60 days after completion
of all work as required or allowed herein.
2
C
6. PROPERTY OWNERS grant BYRD BROTHERS and authorized necessary
personnel access to the property via the unimproved driveway located upon the extreme
northern property boundary of 279 Hillcrest Drive. BYRD BROTHERS agrees to
upgrade and maintain the road consistent with the type and volume of traffic, and to
repair any damage created at the intersection of the un-improved road with the TOSS
road (Hillcrest) if required by TOSS.
7. BYRD BROTHERS may assign its rights granted in this Agreement to other
persons or entities to which assignment the PROPERTY OWNERS agree.
ENVIRONMENTAL CONDITIONS
1. All work performed by BYRD BROTHERS shall be in compliance with the
specific permit requirements and conditions as established by the Coastal Area
Management Act (CAMA) and all subsidiary agencies having jurisdiction over any part
of the operations to be conducted, including NCDENR departments of soil and water
quality.
2. The work to be performed hereunder shall include construction of berms and
the permanent placement of spoil materials dredged from the canals on the PROPERTY
OWNERS property.
i 3. TOSS established the requirements and specifications for the Project. TOSS is
the holder of the State permit approving the dredging plan. As permittee TOSS has the
joint and several responsibility for assuring the performance of the Project as required by
permit conditions and engineering specifications.
4. The PROPERTY OWNERS are relying upon the assurances, knowledge,
representations and expertise of BYRD BROTHERS and TOSS that the dredged
materials are suitable for placement upon their property, and their property is suitable to
receive same as a spoil disposal area.
It is further understood agreed that the PROPERTY OWNERS have no
independent knowledge of the content or constituent parts of the dredged materials
themselves. BYRD BROTHERS and/or TOSS shall defend, represent the interests of
and indemnify the property OWNERS in the event that any violation of the
Comprehensive Environmental Response Compensation and Liability Act of 1980, 32
USCA §§ 9601-9675 ( CERCLA), as amended by the Super Fund Amendments and
Reauthorization Act of 1986 (SARA) are alleged or action thereunder initiated.
INSURANCE REQUIREMENTS
4. BYRD BROTHERS agrees to provide PROPERTY OWNERS a
certificate of insurance listing the PROPERTY OWNERS as additional insured with the
coverage and limits as set forth on the Certificate of Liability Insurance, a copy of which
J_?
is marked Exhibit 4 and attached hereto and made a part hereof by reference.
Liability
insurance shall be maintained for the protection of the PROPERTY OWNERS during
their maximum period of liability or exposures resulting from the activities permitted
herein.
SITE CLOSURE.
1. Final grade will be subject to the approval of the PROPERTY OWNERS.
The grading shall be in accord with the Grading Plan marked Exhibit 2 which is attached
hereto and incorporated herein by reference.
2. Upon satisfactory completion of grading, the Property will be seeded with
seasonal grasses and a minimum coverage of at least 80% maintained through two
complete growing seasons.
3. Improvements to the access road made by BYRD BROTHERS, at the
discretion of the PROPERTY OWNERS may be retained or reclaimed. Any fill,
grading, or changes made to the access road shall be done in a manner to prevent
diverting water from the TOSS road onto PROPERTY OWNERS property.
INDEMNITY
1. BYRD BROTHERS shall indemnify and hold harmless the PROPERTY
OWNERS from loss for claims, damages, and expenses arising out of or resulting from
performance of BYRD BROTHERS work on the Project, whether such claims, losses,
damages or expenses are a direct, indirect or consequence of the performance of the acts
as allowed or contemplated herein.
2. It is specifically agreed and within the contemplation of the parties and as part
of the bargained for valuable consideration in support of this Agreement that BYRD
BROTHERS will defend or cause to be defended any action brought by any and all third
parties against the PROPERTY OWNERS, their agents or assigns resulting from their
entering into, performing or exercising rights in accord herewith.
ARTICLE II
MISCELLANEOUS PROVISIONS
The provisions of Article I notwithstanding, the provision of Article II, shall
take precedence in the event of a conflict or ambiguity.
1. BYRD BROTHERS and the Town of Southern Shores warrant that all
required permits have been applied for, granted or will soon be applied for
2. Use of the PROPERTY OWNERS property for Phase Two and/or Phase
is 4
)Vla
Three is not contemplated herein.
As such, the PROPERTY OWNERS participation in
Phase two and/or Phase Three is a subject of future negotiations. Any future participation
will be dependent upon reaching satisfactory Agreement as to compensation and all
insurance and other indemnifications as set forth herein and any Exhibits. All other
conditions and obligations appertaining to Phase One would apply to Phases Two and/or
Three.
3. BYRD BROTHERS and TOSS shall not unilaterally make changes to any
requirements and/or conditions of this agreement, including those required by any State
Agency without the consent of the PROPERTY OWNERS.
4. BYRD BROTHERS shall exercise extreme care to protect the tress and other
growth as depicted in the engineering drawings in Exhibit 1.
5. BYRD BROTHERS in cooperation with TOSS shall promptly respond
appropriately to any inquiries, threats, written or verbal, and shall make a good faith
effort to resolve then without harm or any expense to the PROPERTY OWNERS.
6. BYRD BROTHERS shall make reasonable efforts to minimize or reduce any
stench from decaying matter produced by dredging and deposited on the property.
7. A lockable gate shall be installed at the intersection of the access road and the
• TOSS/Hillcrest Drive right of way The gate shall be closed and locked unless it is
needed for ingress or egress by BYRD BROTHERS or their authorized personnel.
8. BYRD BROTHERS shall provide trash and refuse containers and the work
area shall be cleaned up daily. The work area shall be maintained in as neat and orderly
manner as nearly as possible.
9. Portable Toilets are required and shall be placed out of the public's view.
10. Nails, placards or signs shall not be attached to any tree or shrub on owner's
land. Only those areas indicated in the Project Plan drawings may be used by BYRD
BROTHERS and TOSS. All other areas are reserved for the Owner's use.
11. The PROPERTY OWNERS, TOSS and BYRD BROTHERS shall
execute/approve final grading plan as depicted in Exhibit 2.
12. PROPERTY OWNERS shall be provided an opportunity to review the
modified final contract and Project Drawings and specifications between BYRD
BROTHERS and the TOSS.
13. One of the PROPERTY OWNERS house, is located at 283 Hillcrest Drive,
Southern Shores. That house is in a summer rental program between May 30, 2010 and
September 5, 2010. BYRD BROTHERS agrees not to engage in any activities that
5
r?
4t
• would serve to interfere with any rights to quiet and peaceable enjoyment of the premises
by renters without the said PROPERTY OWNERS consent. BYRD BROTHERS
shall reimburse the PROPERTY OWNERS for any loss of RENTAL income resulting
from the use of the property in accord with this agreement.
14. This Agreement may be terminated or cancelled upon written agreement
between the PROPERTY OWNERS and BYRD BROTHERS. In such event no
compensation paid to or on behalf of the PROPERTY OWNERS shall be demanded or
paid.
15. This Agreement shall be effective upon execution and when all Exhibits m
are prepared, available and initrialed. Execution shall be when both BYRD
BROTHERS and PROPERTY OWNERS sign and date same along with any available
attachments and the payment of compensation as agreed upon to the PROPERTY
OWNERS has been made.
This Agreement shall terminate on April 30, 2011 However, the PROPERTY
OWNERS may extend the end/completion date if caused by weather or other
circumstances over which BYRD BROTHERS has no control. Said extensions shall not
be granted for any situation resulting from the performance of any other Phase without
prior, written from TOSS and written approval from Owners.
• 16. This Agreement shall terminate regardless of the status should BYRD
BROTHERS and/or TOSS be found in violation of any permit requirement and not
notify the PROPERTY OWNERS verbally within 48 hours and in writing within the
time as specified for the abatement of the violation and of the plan to remedy same.
Notification to the PROPERTY OWNERS shall be the duty of BYRD BROTHERS
and TOSS . In the event that BYRD BROTHERS and/or TOSS fail to notify the
PROPERTY OWNERS as required herein the PROPERTY OWNERS may avail
themselves of any action, legal or equitable, that are available to protect their interests.
17. Upon default by BYRD BROTHERS, all terms and conditions as to
reclamation, site remediation as set forth herein shall apply, including grading, road
reclamation and re-vegetation.
18. BYRD BROTHERS shall cause a completion bond to be issued in a sum
sufficient to cover all expenses for the performance of non-completed close out,
including clean-up, grading, seeding and to partially compensate PROPERTY
OWNERS for their good faith reliance in the event of default. The completion bond
shall be in an amount of at least $50,000.00.
19. No action shall be taken that will disturb or alter the areas approved for a
septic field as identified by a permit issued by the Dare County health Department. Said
permit is marked Exhibit 5, which is attached hereto and made a part hereof.
•
6
M?

20. Upon completion of all obligations and duties as required herein The Town
of Southern Shores shall abandon all right, claim or ownership interest in the dredged
materials. Absolute title to same shall be vested in the PROPERTY OWNERS, their
heirs, successors and assigns. It is understood that reclamation of the site will
necessarily involve the mixture and consolidation of the dredged materials with the
soil of the PROPERTY OWNER so as to make them indistinguishable and not
susceptible to separation.
21 Movement of spoils, equipment or the placement of pipe across the southern
most boundary of the Owner's property located at 279 Hillcrest and the Northern most
boundary of 283 Hillcrest shall not be done without the written permission of the
respective PROPERTY OWNERS.
22 The PROPERTY OWNERS shall determine the maximum quantity of
dredged materials to remain on their property from any phase. The PROPERTY
OWNERS will advise BYRD BROTHERS of any anticipated excess to the degree
possible prior to the placement of same upon their property. BYRD BROTHERS agrees
to remove any excess without cost to the Owners.
23. BYRD BROTHERS agrees that the PROPERTY OWNERS may obtain a
policy of legal insurance, i.e.-prepaid legal services, and pay the premiums of same from
funds that are currently held in escrow with David B. Parks. Any such policy may, in
the discretion of the PROPERTY OWNERS, be kept in full force and effect for a period
of five (5) years form the date of execution of this Agreement. Sufficient funds for the
payment of the premiums shall be retained by the said attorney in an amount to satisfy
the requirements hereof.
24. Should an agreement, be reached between BYRD BROTHERS andlao-
T-BtS&with any other property owner(s )on Hillcrest Drive that is based upon this
Agreement and this yields more compensation for agreed upon herein then PROPERTY
OWNERS shall be paid an additional amount equal to the difference.
25. This Agreement may be reproduced or copied. Any reproduction or copy of
same shall be given the same legal force and effect as an executed original
This Agreement is dated May 28, 2010.
•
7

•
BYRD BROTHERS Emergency Services, LLC
_)? I (SEAL)
BY Title 4 nvnrq Foa _PyAD 5
(SEAL)
CAROL A. ECK, Property Owner

STATE OF NORTH CAROLINA
County of Dare, to wit
THIS DATE did personally appear before me the undersigned Notary, in my
State and County aforesaid, JOHN F. ECK and CAROL A. ECK, who are personally
known to me, and who subscribed to and acknowledged their execution of the foregoing
Agreement.
GIVEN LNDER my hand and Seal this 28th day of
SEAL/Stamp
E
\?1?t111 t l l l `
44b s
-v. pG Y cn
C?U • .... • \\\?
My commission expires: 6/04/14
8
2010
B. Parks, SK, Notary
K?

• - Filed Book; 1709 Pay*: 404 Doc Id: 6210074
11/28/2008 04:10PM
Doe Code: DEED Receipt N: 177200
BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC
EXEMPT
6!.1 7o of 2
DARE COUNTY TAX }1 /28/2006 04:10P
COLLECTOR `? .
Prepared by:
AIR ?NTY ED
Da A. wis,
This Deed is made on November\ j , 2006,
BETWEEN ??
MICHAEL A. GEORGE and JANE A\ GEOR , H/W
whose address is 20 Beechnut Drive Long Valley, New J 53
referred to as the Grantor,
AND MICHAEL A. GEORGE
JANET A. ORGE -Trustees of the "Michael
and Janet George Revocab U/ ebruary 9, 2006
whose post office address is c/o 20 Beechnut D 've, Long Valley, New Jersey 07853
referred to as the Grantee.
The words "Grantor" and "Grantee" shall mean all Gran s all Grantees listed above.
Transfer of Ownership. The Granto an c eys (transfers
below to the Grantee. This transfer made oJth s f ero Dollars ($0 40)ership of) the property described
J?
The Grantor acknowledges receipt of this money.
Tax Map Reference. icip ]I o Southern Shores
Block 94 Lot 5 el No. 021410000
Property, The rt ons. s 1 d and all the buildings and structures on the land in the Town of
Southern Shores, To ip o t tic, my of Dare and State of North Carolina. The legal description is:
BEING known and i of 5, ek 94 as shown on that certain map or plat entitled "Soundside Block
94, Southem Shore y aw C
by S F. Crank, Jr., Re i to Land ompany, Owner, Kitty Hawk, North Carolina" dated June 1965, prepared
eyor, and recorded in Book 2 at Page 268 in the Public Registry of Dare
County, North Carolin .
BEING more co only o n as 283 Hillcrest Drive, Southern Shores North
Carolina.
BEING the same r ises c eyed to Grantors herein from Jeffrey, M. and Trudy M. Breed, H/W by Deed dated
March 41 20 cor n March 5, 2002 in Book 1417 at Page 380 in the Public Registry
North Ca 1' of Dare County,
TO H d to hold a above described lands and premises together with all the privileges and appurtenances
e to on . g unto the said parties of the second part, their heirs and assigns, in fee simple forever.
AND th -1 i1 arties of the first part, for themselves and their heirs, to and wlth said parties of the second part, their heirs and assigns that they are seized of said lands in fee, hey have a g od right to convey the same in fee simple; that the same are free and clear
w soev a cept as otherwise set forth herein; and that they will forever warrant and defend heltitle to the same
ag ' st th ]aims of all persons whomsoever.

I(IIII Ill{I IINI 111!1 IIIIII IIII 1111111111 IIII{ IIII IN 6? 28,204006 04:10P
•
Promises by Grantor. The Grantor promises that the Grantor has don o act to n r
This promise is called a "covenant as to grantor's acts". This promise me at the G for umbehas no pal owed
anyone else to obtain any legal rights which affect the property (such as b
ng_ a o gage or allowing a
judgment to be entered against the Grantor). y
Signatures. The Grantor signs this Deed as of the date at the t f :thflr t a geWitnessed by: Signature of Notary Public
( AEL A. GEOR E
Signature of Notary 4P,
STATE OF NEW JERSEY
COUNTY OF MORRIS
I CERTIFY that on November
person):
(a) was the maker o tta
(b) executed this D a
(c) mode thi$ Deed r 0 0 as
S ..
JAl? T A. GEORGE
A _J_
and JANET A. GEORGE, 13/W
ed to my satisfaction that this person (or if more than one, each
; and
actual consideration paid or to be paid for the transfer of title.
\_0
Dated: November 1 2006
14I %AE'IL ORGE JANE ORGE, H/W Record and return to:
Grantor,
TO
David A. Lewis, Esq.
M and JANET GEORGE 52 Maple Avenue, I" Floor
REVOCABLE TRUST Morristown, New Jersey 07960
Grantee.

LICENSE AND INDEMNITY AGREEMENT
THIS AGREEMENT between MICHAEL A. GEORGE and JANET A.
GEORGE, Husband and Wife (hereinafter may be identified as "PROPERTY
OWNERS" and BYRD BROTHERS EMERGENCY SERVICES, LLC, a Limited
Liability Corporation organized and existing under the laws of the State of North
Carolina (may be referred to hereinafter as "BYRD BROTHERS" and the Town of
Southern Shores, North Carolina (may be referred to hereinafter as "TOSS").
WHEREAS TOSS is a body corporate and politic existing under and pursuant to
the laws of the State of North Carolina,
WHEREAS, BYRD BROTHERS is a limited liability company with offices at
5164 Lamm Road, Wilson, North Carolina 27893 that has been engaged by Sampson
Cor_tracting, Inc. to supervise and facilitate certain dredging operations within the
confines of the limits of the TOSS, and more particularly described in the site plan for
Canal Maintenance Dredging Project, Phase One Exhibit 1,( incorporated herein by
reference and made a part hereof), (hereinafter may be referred to as "the project").
WHEREAS, PROPERTY OWNERS, Michael A. George and Janet A. George,
are the owners of certain property located at 283 Hillcrest Drive Southern Shores, Dare
County, North Carolina and more particularly described as Lot 5, Block 94 as recorded in
Deed Book 1709 at page 0404, Dare County Registry (the "PROPERTY").
WHEREAS, BYRD BROTHERS desires to use OWNER'S PROPERTY upon
which to permanently place dredging spoils and other materials generated in connection
with the Project, thereby on their behalf and on behalf of all other entities, corporate and
politic, in accord with, and associated or allied with them, and not objecting thereto, and
to invest ownership of the spoils so placed in the said owners, their successors, heirs and
assigns, absolutely.
WHEREAS, the PROPERTY OWNERS agree to grant permission to BYRD
BROTHERS to come upon that portion of the PROPERTY OWNERS property
designated for the project and do all things reasonably necessary in preparation for the
dredging of the canals and generating spoils. Thereafter spoil produced during the
performance of Phase One of the Project may be permanently placed and deposited on
said property in accord with the site plan. The dredging spoils shall consist of sand and
other such materials and placed at the direction of BYRD BROTHERS or as further
provided for hereinafter.
WITNESSETH:
In consideration of BYRD BROTHERS being allowed to permanently deposit
dredging spoils on said property, and in consideration of PROPERTY OWNERS
1011
nw
•
receiving dredging spoils and ancillary work that must be performed thereon, including
but not limited to grading, reclamation, grassing and seeding and the other mutual
promises, covenants and understandings as made between BYRD BROTHERS and
PROPERTY OWNERS, as set forth herein, and other good and valuable consideration,
the receipt and sufficiency which is hereby acknowledged, BYRD BROTHERS and the
PROPERTY OWNERS (hereinafter may be referred to as "the parties") agree as
follows:
ARTICLE I
PERMITTED ACTIVITIES
1. BYRD BROTHERS/TOSS may use those portions of the PROPERTY for
the conducting of the Project as depicted and set forth in more detail in Exhibit 1
2. The PROPERTY OWNERS shall permit BYRD BROTHERS or its assigns,
successors, or agents to place on their PROPERTY dredging spoils and related materials
produced as a result of the performance of Phase One of the Project. It is further agreed
that, at the PROPERTY OWNERS request, the location of the spoil materials and the
final grade shall be in conformity with and as described and depicted in the grading plan
marked Exhibit 2 which is incorporated herein by reference and made a part hereof,
3. PROPERTY OWNERS shall permit this use of the Property for the
complete duration of Phase One and PROPERTY OWNERS shall have the option of
continuing this Agreement for Phase Two and Phase Three of the Project, although it is
not known at the time of the execution of this Agreement if BYRD BROTHERS will
participate in additional Phases.
4. Except as further set out herein, the PROPERTY OWNERS shall permit
BYRD BROTHERS, its personnel, successors and assigns, state inspectors and other
necessary personnel the right of entry upon the property to perform, conduct and
implement the Project Plan. Access to the property shall be limited to those individuals
or groups identified by BYRD.BROTHERS as set forth in Exhibit 3. A list of
authorized personnel shall be maintained by BYRD BROTHERS . BYRD
BROTHERS may modify the list in its discretion but shall notify the PROPERTY
OWNERS weekly of any additions or deletions thereto or therefrom. (The initial version
of Exhibit 3 is attached hereto, incorporated herein by reference and made a part hereof).
All others shall be considered to be trespassers regardless of the point of entry.
5. Enforcement and control of access shall be vested in BYRD BROTHERS.
This shall not operate to preclude the PROPERTY OWNERS and their invitees from
access to the site. BYRD BROTHERS may erect such fences and protective barriers,
markers and signs as they deem necessary to identify the job site and to restrict access
thereto. Control of access and the restrictions to the property shall commence at the
beginning of the execution of this Agreement, and continue for 60 days after completion
of all work as required or allowed herein.
2
PLO^-
9?A44%1?
11
6. PROPERTY OWNERS grant BYRD BROTHERS and authorized necessary
personnel access to the property via the unimproved driveway located upon the extreme
northern property boundary of 279 Hillcrest Drive. BYRD BROTHERS agrees to
upgrade and maintain the road consistent with the type and volume of traffic, and to
repair any damage created at the intersection of the un-improved road with the TOSS
road (Hillcrest) if required by TOSS.
7. BYRD BROTHERS may assign its rights granted in this Agreement to other
persons or entities to which assignment the PROPERTY OWNERS agree.
ENVIRONMENTAL CONDITIONS
1. All work performed by BYRD BROTHERS shall be in compliance with the
specific permit requirements and conditions as established by the Coastal Area
Management Act (CAMA) and all subsidiary agencies having jurisdiction over any part
of the operations to be conducted, including NCDENR departments of soil and water
qua`ity.
2. The work to be performed hereunder shall include construction of berms and
the permanent placement of spoil materials dredged from the canals on the PROPERTY
OWNERS property.
• 3. TOSS established the requirements and specifications for the Project. TOSS is
the holder of the State permit approving the dredging plan. As permittee TOSS has the
joint and several responsibility for assuring the performance of the Project as required by
permit conditions and engineering specifications.
4. The PROPERTY OWNERS are relying upon the assurances, knowledge,
representations and expertise of BYRD BROTHERS and TOSS that the dredged
materials are suitable for placement upon their property, and their property is suitable to
receive same as a spoil disposal area.
It is further understood agreed that the PROPERTY OWNERS have no
independent knowledge of the content or constituent parts of the dredged materials
themselves. BYRD BROTHERS and/or TOSS shall defend, represent the interests of
and indemnify the property OWNERS in the event that any violation of the
Comprehensive Environmental Response Compensation and Liability Act of 1980, 32
USCA §§ 9601-9675 ( CERCLA), as amended by the Super Fund Amendments and
Reauthorization Act of 1986 (SARA) are alleged or action thereunder initiated .
INSURANCE REQUIREMENTS
4. BYRD BROTHERS agrees to provide PROPERTY OWNERS a
certificate of insurance listing the PROPERTY OWNERS as additional insured with the
• coverage and limits as set forth on the Certificate of Liability Insurance, a copy of which
3
?U

is marked Exhibit 4 and attached hereto and made a part hereof by reference. Liability
insurance shall be maintained for the protection of the PROPERTY OWNERS during
their maximum period of liability or exposures resulting from the activities permitted
herein.
SITE CLOSURE.
1. Final grade will be subject to the approval of the PROPERTY OWNERS.
The grading shall be in accord with the Grading Plan marked Exhibit 2 which is attached
hereto and incorporated herein by reference.
2. Upon satisfactory completion of grading, the Property will be seeded with
seasonal grasses and a minimum coverage of at least 80% maintained through two
complete growing seasons.
3. Improvements to the access road made by BYRD BROTHERS, at the
discretion of the PROPERTY OWNERS may be retained or reclaimed. Any fill,
grading, or changes made to the access road shall be done in a manner to prevent
diverting water from the TOSS road onto PROPERTY OWNERS property.
INDEMNITY
1. BYRD BROTHERS shall indemnify and hold harmless the PROPERTY
OWNERS from loss for claims, damages, and expenses arising out of or resulting from
performance of BYRD BROTHERS work on the Project, whether such claims, losses,
damages or expenses are a direct, indirect or consequence of the performance of the acts
as allowed or contemplated herein.
2. It is specifically agreed and within the contemplation of the parties and as part
of the bargained for valuable consideration in support of this Agreement that BYRD
BROTHERS will defend or cause to be defended any action brought by any and all third
parties against the PROPERTY OWNERS, their agents or assigns resulting from their
entering into, performing or exercising rights in accord herewith.
ARTICLE II
MISCELLANEOUS PROVISIONS
The provisions of Article I notwithstanding, the provision of Article II, shall
take precedence in the event of a conflict or ambiguity.
1. BYRD BROTHERS and the Town of Southern Shores warrant that all
required permits have been applied for, granted or will soon be applied for
• 2. Use of the PROPERTY OWNERS property for Phase Two and/or Phase
4

•
Three is not contemplated herein. As such, the PROPERTY OWNERS participation in
Phase two and/or Phase Three is a subject of future negotiations. Any future participation
will be dependent upon reaching satisfactory Agreement as to compensation and all
insurance and other indemnifications as set forth herein and any Exhibits. All other
conditions and obligations appertaining to Phase One would apply to Phases 1'wo and/or
Three.
3. BYRD BROTHERS and TOSS shall not unilaterally make changes to any
requirements and/or conditions of this agreement, including those required by any State
Agency without the consent of the PROPERTY OWNERS.
4. BYRD BROTHERS shall exercise extreme care to protect the tress and other
growth as depicted in the engineering drawings in Exhibit 1.
5. BYRD BROTHERS in cooperation with TOSS shall promptly respond
appropriately to any inquiries, threats, written or verbal, and shall make a good faith
effort to resolve then without harm or any expense to the PROPERTY OWNERS.
6. BYRD BROTHERS shall make reasonable efforts to minimize or reduce any
stench from decaying matter produced by dredging and deposited on the property.
7. A lockable gate shall be installed at the intersection of the access road and the
TOSS/Hillcrest Drive right of way The gate shall be closed and locked unless it is
needed for ingress or egress by BYRD BROTHERS or their authorized personnel.
8. BYRD BROTHERS shall provide trash and refuse containers and the work
area shall be cleaned up daily. The work area shall be maintained in as neat and orderly
manner as nearly as possible.
9. Portable Toilets are required and shall be placed out of the public's view.
10. Nails, placards or signs shall not be attached to any tree or shrub on owner's
land. Only those areas indicated in the Project Plan drawings may be used by BYRD
BROTHERS and TOSS. All other areas are reserved for the Owner's use.
11. The PROPERTY OWNERS, TOSS and BYRD BROTHERS shall
execute/approve final grading plan as depicted in Exhibit 2.
12. PROPERTY OWNERS shall be provided an opportunity to review the
modified final contract and Project Drawings and specifications between BYRD
BROTHERS and the TOSS.
13. One of the PROPERTY OWNERS house, is located at 283 Hillcrest Drive,
Southern Shores. That house is in a summer rental program between May 30, 2010 and
September 5, 2010. BYRD BROTHERS agrees not to engage in any activities that
5
1*1
91

would serve to interfere with any rights to quiet and peaceable enjoyment of the premises
by renters without the said PROPERTY OWNERS consent. BYRD BROTHERS
shall reimburse the PROPERTY OWNERS for any loss of RENTAL income resulting
from the use of the property in accord with this agreement.
14. This Agreement may be terminated or cancelled upon written agreement
between the PROPERTY OWNERS and BYRD BROTHERS. In such event no
compensation paid to or on behalf of the PROPERTY OWNERS shall be demanded or
paid.
15. This Agreement shall be effective upon execution and when all Exhibits m
are prepared, available and initrialed. Execution shall be when both BYRD
BROTHERS and PROPERTY OWNERS sign and date same along with any available
attachments and the payment of compensation as agreed upon to the PROPERTY
OWNERS has been made.
This Agreement shall terminate on April 30, 2011 However, the PROPERTY
OWNERS may extend the end/completion date if caused by weather or other
circumstances over which BYRD BROTHERS has no control. Said extensions shall not
be granted for any situation resulting from the performance of any other Phase without
prior, written from TOSS and written approval from Owners.
• 16. This Agreement shall terminate regardless of the status should BYRD
BROTHERS and/or TOSS be found in violation of any permit requirement and not
notify the PROPERTY OWNERS verbally within 48 hours and in writing within the
time as specified for the abatement of the violation and of the plan to remedy same.
Notification to the PROPERTY OWNERS shall be the duty of BYRD BROTHERS
and TOSS. In the event that BYRD BROTHERS and/or TOSS fail to notify the
PROPERTY OWNERS as required herein the PROPERTY OWNERS may avail
themselves of any action, legal or equitable, that are available to protect their interests.
17. Upon default by BYRD BROTHERS, all terms and conditions as to
reclamation, site remediation as set forth herein shall apply, including grading, road
reclamation and re-vegetation.
18. BYRD BROTHERS shall cause a completion bond to be issued in a sum
sufficient to cover all expenses for the performance of non-completed close out,
including clean-up, grading, seeding and to partially compensate PROPERTY
OWNERS for their good faith reliance in the event of default. The completion bond
shall be in an amount of at least $50,000.00.
19. No action shall be taken that will disturb or alter the areas approved for a
septic field as identified by a permit issued by the Dare County health Department. Said
permit is marked Exhibit 5, which is attached hereto and made a part hereof.
•
6
?w
•
20. Upon completion of all obligations and duties as required herein The Town
of Southern Shores shall abandon all right, claim or ownership interest in the dredged
materials. Absolute title to same shall be vested in the PROPERTY OWNERS, their
heirs, successors and assigns. It is understood that reclamation of the site will
necessarily involve the mixture and consolidation of the dredged materials with the
soil of the PROPERTY OWNER so as to make them indistinguishable and not
susceptible to separation.
21 Movement of spoils, equipment or the placement of pipe across the southern
most boundary of the Owner's property located at 279 Hillcrest and the Northern most
boundary of 283 Hillcrest shall not be done without the written permission of the
respective PROPERTY OWNERS.
22 The PROPERTY OWNERS shall determine the maximum quantity of
dredged materials to remain on their property from any phase. The PROPERTY
OWNERS will advise BYRD BROTHERS of any anticipated excess to the degree
possible prior to the placement of same upon their property. BYRD BROTHERS agrees
to remove any excess without cost to the Owners.
• 23. BYRD BROTHERS agrees that the PROPERTY OWNERS may obtain a
policy of legal insurance, i.e.-prepaid legal services, and pay the premiums of same from
funds that are currently held in escrow with David B. Parks. Any such policy may, in
the discretion of the PROPERTY OWNERS, be kept in full force and effect for a period
of five (5) years form the date of execution of this Agreement. Sufficient funds for the
payment of the premiums shall be retained by the said attorney in an amount to satisfy
the requirements hereof.
24. Should an agreemenVbe reached between BYRD BROTHERS andfew- ,
- TOSS wirt}rany other property owner(s )on Hillcrest Drive that is based upon this
Agreement and this yields more compensation for agreed upon herein then PROPERTY u
OWNERS shall be paid an additional amount equal to the difference.
25. This Agreement may be reproduced or copied. Any reproduction or copy of
same shall be given the same legal force and effect as an executed original
This Agreement is dated May 28, 2010.
.7
7

•
BYRD BROTHERS Emergency Services, LLC
(SEAL)
By
(SEAL)
MICHAEL A. GE R E, Property Owner
Qttd `'` ' a"r'_a (SEAL)
JANV A. GEOR , Propeidy Owner
•

STATE OF NORTH CAROLINA
County of Dare, to wit
Title
THIS DATE did personally appear before me the undersigned Nnotary, in my
State and County aforesaid, MICHAEL A. GEORGE and JANET A. GEORGE and
MARK S. Weirman who are personally known to me or who identified themselves to my
satilsfaction and who subscribed to and acknowledged their execution of the foregoing
Agreement.
GIVEN UNDER my hand and Seal this 28" 1
Pip
NOTARY • :?? =
* * * lZy commission expires: 6/04/14
PUBLIC
/,Oic FOUNT 0`
"ice' `
k 4d Bftm
EMERGENCY SERVICES, L.L.C.
June 22, 2010
Mr. Peter Rascoe, Town Manager
Town of Southern Shores
5375 N. Virginia Dare Trail
Southern Shores, NC 27949
Re: Letter of Authorization
Canal Maintenance Dredging Project
Town of Southern Shores
Southern Shores, Dare County, North Carolina
Dear Mr. Rascoe;
Byrd Brother Emergency Services, L.L.C. (Byrd Brothers) gives the Town of Southern Shores
permission to apply for permits on properties in Southern Shores upon which Byrd Brothers has
License and Indemnity Agreements with the owners of property upon which the disposal of
spoils generated by the maintenance excavation of the access channel and canals are proposed to
be deposited.
Sincerely,
Bryd Brothers Emergency Services, L.L.C.
Byrd, Manager/Member
is
5164 Lamm Rd. I Wilson, NC 27893 1 www.byrdbrothers.com
T 252.293,4488 1 F 252.293.4490
Date
•
Rowboat Dock & Dredge Company
Project Protocol for Monitoring Effluent Discharge
Phase 1, Canal Maintenance Dredging Project
Project Number: P980A3.12
Town of Southern Shores, Dare County, NC
Dated: 24 June 2010
The following monitoring protocol will be utilized by Rowboat Dock & Dredge at the Hillcrest Disposal
Area Site to monitor the water quality associated with the effluent discharge from the Secondary
Settling/Polishing Basin into the canals of The Town of Southern Shores. The purpose of this effluent
monitoring plan is to insure that those works performed are conducted in compliance with 15A NCAC 02B
.0211, "Fresh Surface Water Quality Standards for Class C Waters", Section K. The purpose of this
protocol is to prevent a significant increase in turbidity outside the area of construction or construction-
related discharge. Increases such that the turbidity in the receiving waters is 50 NTU's or less in all rivers
not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
Works will be further performed in accordance with North Carolina General Permit No. NCG520000
allowing discharge in-stream sand mining wastewater, associated storm water and similar wastewaters
under the National Pollutant Discharge Elimination System. Effluent is defined as "runoff' from sand
dredging operations and/or discharge from the retention pond(s). The discharge shall not cause an
instantaneous measurement of the turbidity of the receiving water to exceed:
• 10 NTU in streams, lakes and reservoirs designated as trout waters
25 NTU in all lakes, reservoirs and all salt waters
50 NTU in all other streams and surface waters.
If turbidity exceeds these levels as a result of background conditions, the discharge cannot cause any
increase in the turbidity of the receiving water. Sticks, leaves and other debris removed by dredging shall
not be returned to surface waters. There shall be no discharge of floating solids or visible foam in other
than trace amounts.
The Monitoring Plan is as follows:
1. Constituents to be monitored: pH
Turbidity
2. Documented Monitoring (Location and Frequency):
A. Prior to work start each day, one (1) background sample will be taken and
recorded prior to the start of dredging. This sample will be taken in the receiving
waters within five (5) feet of the downstream end of the discharge pipe leading
from the flashboard riser at the polishing pond.
B. Three (3) additional production water samples will be taken and recorded from the
same location during each day of active dredging. In the event that no dredging is
performed during a given 12-hour work period, no water quality samples will be
recorded.
• C. The first of the three daily production water samples will be taken within the first
30 minutes after water is discharged from the polishing pond into the receiving
Page I of 2
Created on 6/24/201011:07:00 AM
11
waters. This sample will be taken in the receiving waters within five (5) feet of the
downstream end of the discharge pipe leading from the flashboard riser at the
polishing pond.
D. The second of the three daily production samples will be taken and recorded
during the middle of the dredging day or a minimum of 4 hours and maximum of 6
hours after the first sample has been taken. This sample will be taken in the
receiving waters within five (5) feet of the downstream end of the discharge pipe
leading from the flashboard riser at the polishing pond.
E. The third of the three daily production samples will be taken and recorded within
30 minutes of the end of the dredging day when the dredge is secured for the
period. This sample will be taken in the receiving waters within five (5) feet of the
downstream end of the discharge pipe leading from the flashboard riser at the
polishing pond.
F. In the event that weather, mechanical or other delays preclude meaningful
production during a normal 12 hour work period, then such delays will be noted in
the monitoring record. In this event, samples applicable to the actual production
window will be taken and recorded.
G. The sampling location has been identified with an "A" on the attached drawing.
3. Un-documented Monitoring:
A. Throughout the project the Contractor will monitor the turbidity within the
Primary basin and Polishing pond in order to adjust the rate of polymer injection
at the flocking station.
B. Samples will also be taken at any time a substantial change in turbidity or color is
observed in the receiving waters.
4. Sample Method: Grab Sample
5. Frequency of Reporting:
A. The discharge turbidity levels will be reported on a daily basis on the attached form.
An onsite log book will be maintained by the contractor and will be available for
review by the designated representative of the Town of Southern Shores. Using this
protocol, The Town, at its discretion, may perform additional sampling and quality
assurance monitoring, provided that such work does not interfere with those works
being performed by the Contractor.
Res ectfully submitted
Robert O. Wilson, President
• Rowboat Dock & Dredge
Page 2 of 2
Created on 6/24/2010 11:07:00 AM
•
Town of Southern Shores
Turbidity Report
Dredging Project 2010 - Phase 1
Contractor: Rowboat Dock & Dredge
0
Week starting on: Submitted by:

Date Sample
Number
Time
PH Turbidity
(PPM)
Notes
Background
1
2
3
Background
1
2
3
Background
1
2
3
Background
1
2
3
Background
1
2
3
Background
1
2
3
Background
1
2
3
0
rI
Rowboat Dock & Dredge Company
Project Protocol Booster Pump Monitoring
Phase 1, Canal Maintenance Dredging Project
Project Number: P98033.12
Town of Southern Shores, Dare County, NC
24 June 2010
In the event that a booster pump is required, the following booster pump monitoring plan will be utilized at the Loblolly
Marina Site during Phase 1 of the Canal Dredging Project.
If a booster pump is used, the following procedures will be implemented as part of the operation of the booster pump:
1. At all times during the operation of the booster pump an operator will be onsite monitoring the
operation/performance of the pump.
2. In addition to operating the booster pump, this employee will be responsible for monitoring the integrity of the
dredge pipeline and watching for any leaks or breaks that may occur.
3. If a leak or break is discovered in the pipeline, the employee will immediately shut down the dredging operation
and affect the necessary repairs.
i
Respectfully submitted,
Robert O. Wilson, President
Rowboat Dock & Dredge
Page 1 of 1
Created on 6/24/2010 10:31:00 AM
Rowboat Dock & Dredge Company
Project Protocol Evaluating a new Polymer
Phase 1, Canal Maintenance Dredging Project
Project Number: P98033.12
Town of Southern Shores, Dare County, NC
24 June 2010
If the project requires the evaluation of a polymer not yet approved by the NCDENR the
following protocol will be utilized to field test the unapproved polymer:
When a dosage of polymer is determined and work has begun, an Acute Toxicity
(pass/fail) Test using mysidopsis Bahia or other organism, as approved by NCDENR
Toxicologist Cindy Moore, shall be conducted. Tests shall use the following dilutions:
100%, 75%, 50%, 25% and 12%. One (1) sample shall be taken immediately with three
(3) additional tests evenly spaced over the life of the project. All questions pertaining to
the toxicity test should be directed to Cindy Moore at [phone].
2. If there is a significant dosage change or a change in the polymer, then the initial test will
be taken again and the Town should communicate the time remaining in the work to the
Division of Water Quality personnel at the Washington Regional Office and the number
of additional tests shall be determined.
3. Records of polymer type and dosage will be maintained for inspection. Copies of these
test results will also be provided to the Town upon completion by the laboratory.
• Respectfully Submitted
rc; ?, -(-?
Robert O. Wilson, President
Rowboat Dock & Dredge
CJ
Page I of I
Created on 6/24/2010 11:14:00 AM
Project Narrative
Phase 1 - Canal Maintenance Dredging Project
Town of Southern Shores, Dare County, North Carolina
June 24, 2010
General
The Town of Southern Shores (TOSS) contracted with Sampson Contracting, Inc.(Sampson), to
perform the maintenance dredging on the Phase 1 portion of the Town's canal system during the
2009-10 dredging cycle.
Phase 1 dredging includes the portions of the waterways know as the Outside Channel (OC), Inside
Channel (IC), Channel A (CA) and Channel B (CB). Please see the attached plan sheet, sheet 2 of
5, which illustrates the waterway system with the descriptive nomenclature listed above.
The Contractor failed to complete the dredging in accordance to the Contract and the Town has
found the Contractor to be in Default of the Contract.
Byrd Brothers Emergency Services, L.L.C. (Bryd), through a teaming agreement with Sampson has
agreed to perform the work during the 2010-11 dredging cycle under the original contract at no
additional cost to the Town.
The current set of permits address the dredging of the Phase 1 portion of the canals by the hydraulic
method with treatment and disposal of the dredge fluid and spoils at the North Marina site owned
by the Southern Shores Civic Association. This location was secured through the modification of
the original permits which were obtained for the site know as the Stone site also located in Southern
Shores.
Due to the failures by the original contracting team to complete the project as they proposed the
dredge spoil de-watering and disposal site must be moved to a new location.
The new disposal site is located on three (3) residential parcels located on the west side of Hillcrest
Drive in Southern Shores. The center of the disposal site is located approximately at Latitude
36°08' 10"N and Longitude 75°44'30"W. This disposal site was considered by the original permit
application processed back in 2007.
Byrd has secured the right to use these parcels from each individual property owners through a
License and Indemnity Agreement unique and specific to each property, copies of which have been
attached. Byrd has also provide authorization to the TOSS to pursue permits associated with the
maintenance dredging project on these parcels, via written letter, a copy of which has also been
attached.
Since both the method of handling the dredge spoil and the spoil and de-watering locations have
is changed the TOSS is pursuing a modification to the permits to address these items.
The party financially responsible for all land disturbing activities associated with this project is the
Town of Southern Shores, 5375 N. Virginia Dare Trail, Southern Shores, NC 27949.
The contact person for the Town will be the Dredging Project Manager, Mr. Tom Bennett. Mr.
Bennett's cell phone number is [phone].
The following sections will describe in greater detail the use and configuration of each site.
The Dredge Spoil De-watering Site - Hillcrest Disposal Area
The Hillcrest Disposal Area is comprised of the western portion of three (3) residential parcels
located on the west side of Hillcrest Drive.
The Landowners of Record are as follows:
1. Benjamin Chandler Spawr & Martha M. Spawr
Lot 3, Block 94, Southern Shores, Soundside
P.O. Box 2012
Kitty Hawk, NC 27949
Pin Number: 9868 13 24 1121
D.B. No.: 1367 Page No.: 182
2. Jack F. Eck & Carol A. Eck
Lot 4, Block 94, Southern Shores, Soundside
279 Hillcrest Drive
Southern Shores, NC 27949
Pin Number: 9868 13 23 0204
D.B. No.: 1313 Page No.: 325
3. Michael A. George Trustees & Janet A. George
Lot 5, Block 94, Southern Shores, Soundside
20 Beechnut Drive
Long Valley, NJ 07853
Pin Number: 9868 13 14 9308
D.B. No.: 1709 Page No.: 404
The latitude and longitude of the approximate center of the project area are 36°08'11"N and
75°44'30"W. Please see the attached USGS quadrangle section attached to this narrative.
In order to prepare the site for the project it must be cleared, grubbed and rough graded.
The de-watering system has been designed by Rowboat Dock & Dredge Company (RBDD). The
system is comprised of the following items:
0 1. Primary Settling Basin - this earthen basin has approximately 25,765 cu.yds of storage with
. two (2) internal diversion baffles with end oriented turbidity curtains. Effluent leaves this
basin by way of a suction platform which collects the supernatant. A geotextile membrane
will be incorporated into the berm wall to add structural stability. The influent pipe has been
positioned so that is discharges 50 feet away from the berm wall. A secondary influent pipe
from a recycle line has been positioned within the Primary Settling Basin also having a
discharge 50 feet away from the berm wall.
2. Polymer Station - The Polymer Station is the location where polymers will be introduced into
the de-watering system. An 8" diesel transfer pump will suction supernatant from the
Primary Settling Basin and deliver it through the pipe serpentine. The polymer will be dosed
on the front end of the serpentine and will mix with the dredge fluid supernatant within the
pipe network. Turbidity will be monitored continuously and the polymer concentration will
be adjusted in accordance with the recorded turbidity. The polymers utilized will either be
a polymer that appears on the approved list of polymers published by the State or will
undergo the toxicity evaluation outlined in the document entitled "Project Protocol
Evaluating a new Polymer" as developed by RBDD. A copy of this document has been
attached.
3. Secondary Settling/Polishing Basin - The Secondary Settling Basin will have approximately
4,892 cu.yds. of storage. This basin will be responsible for providing additional detention
and contact time for polymerized fluid. This basin contains two internal diversion baffles
with end oriented turbidity curtains. Fluid will leave this basin through a standard flashboard
riser with stop logs. The effluent pipe will outlet back to the canal with the end of the
discharge pipe being below normal liquid level.
4. Recycling System - A recycling system has been incorporated into this design. If the effluent
exceeds the turbidity limit the effluent pipe will be closed via a valve and flow will be
recycled back to the second "chamber" of the Primary Settling Basin. By recycling the flow
both the detention time and polymer contact time are increased while no flow is being
discharged back to the receiving stream.
The dredging work will begin in the interior canals. The interior canals contain a higher percent
organic material. By beginning in the interior, where the organic content poses the potential for more
turbid water, the Contractor will have the largest volume within the de-watering system by which
to attenuate the particulate matter.
The total area of disturbance on the tract is 3.98 acres. The limits of disturbance have been illustrated
on the attached plans. The entire project area is to be ringed in silt fence. A temporary gravel access
drive has been proposed on the property of Jack and Carol Eck. All ingress and egress for this
project will be through this access drive. The gravel drive serves to both stabilize the sloping
driveway and to provide a location for sediment to be knocked from truck wheel treads prior to be
deposited on a town road.
• Once the hydraulic dredging operation is concluded the site will be decommissioned. No spoil
material will leave this site, therefor eliminating concerns of off site sedimentation. The spoil
• material will be blended with the berm material and graded out in accordance with the final grading
plan, see drawing sheet 4 of 5. The entire disturbed area will be seeded in accordance with the
general seeding specification. Silt fence, which rings the entire site, will be left in place until
vigorous vegetative growth occurs. Erosion control fabric will be utilized in a few areas where the
proposed finished grade slopes lend themselves to the potential for escarpment formation.
Although no booster pumps are proposed at this time, two (2) potential booster pump sites have been
identified. Booster pumps can be situated on land at both the North Marina Site and the Loblolly
Marina site, both of which are owned and maintained by the Southern Shores Civic Association
(SSCA).
North Marina Site
The SSCA North Marina site is located on Marina Circle Drive, a private lane owned and
maintained by the SSCA. This site lies adjacent and to the west of South Dogwood Trail.
The latitude and longitude of the approximate center of the project area are 36°07'36"N and
75°44'35"W. The pin Number for this parcel is 9868 17 10 5589. A USGS quadrangle of
this area has been attached.
This marina has a boat ramp that will provide the primary access point into the canal system.
The access road is paved in asphalt.
0 Loblolly Marina Site
The Loblolly Marina is owned and maintained by the SSCA and is located at the end of
Loblolly Drive. The latitude and longitude of the approximate center of the project area are
36°07'37"N and 75°44'27"W. The pin Number for this parcel is 9868 17 20 3728. A USGS
quadrangle of this area has been attached.
A protocol document entitled "Project Protocol Booster Pump Monitoring" has been prepared by
RBDD which outlines the proposed monitoring of any booster pumps utilized in this project. Please
see the attached copy of this document.
Work is slated to begin in September of 2010. Although the actual dredging cannot begin until
October 1, 2010, other project work including, but not limited to, the construction of the Primary and
Secondary Settling Basin, the Polymer Station, temporary access roadway and the fusing of pipe will
likely begin sometime in September of 2010 in advance of and to be ready to begin dredging
immediately at the beginning of the allowed dredge window.
Soil Erosion & Sedimentation Control Measures
1. Dredge Spoil De-watering Site
0 Silt Fence
• Silt Fence will be installed around the perimeter of the entire dredge spoil disposal
site. According to the guidelines for placing silt fence, site drainage areas are limited
to 1/4 acre per 100ft. of fence and the area is further restricted by slope steepness.
The total area of disturbance is approximately 4 acres, broken into quarter acre
increments this site would require a minimum of 1,600 linear feet of silt fence to
comply with the limits. 1,764 linear feet of silt fence has been proposed for use at
the Hillcrest Disposal Area which will allow the project to have a limits of
disturbance of 4.41 acres (1,764 l.ft./100 ft. x 0.25 acres). Under the proposed
Hydraulic Dredging method, the slope to be installed as part of the earthen
containment berm is approximately 67% or a 1.5:1 slope. The slope steepness
criteria for slopes that are greater than 20% would limit the height of the adjacent
berm to a maximum height of 15 feet above the fence. The maximum height of the
proposed berm is 10 feet above natural grade meeting this basic criteria.
Seedi
Stabilization by vegetation will be the most widely utilized method of soil erosion
& sedimentation control measures. Contractors will be required to follow guidelines
that require that permanent seeding occur after the completion of any phase of
grading or within 15 days of land disturbance activities. Contractors must also
ensure the vegetative stabilization of the exterior of the earthen containment berm
throughout the duration of the project. The interior of the earthen berm will be
• reinforced with a geotextile fabric.
Erosion Control Entrance/Exit
A new temporary gravel road will be constructed to access this site. Please see the
attached plans. This road will act to control both erosion and sedimentation.
A copy of the Erosion & Sedimentation Control Specifications - Section 02370 have been attached
to this submission.
Temporary Impervious Surfaces
This project will have some temporary impervious surface. The impervious surface includes a
temporary gravel access drive at the Hillcrest Disposal Area.
Stone parcel ABC temporary access drive = 6,172 sq.ft. = The total temporary impervious surface.
The project area is 3.98 acres (173,446 sq.ft.) The total percent coverage of temporary coverage is
equal to (6,172 sq.ft./173,446 sq.ft.)x100 = 3.56%. In comparison the following exert was taken
from the narrative of the previously permitted project at the Stone Parcel and Duckwoods County
Club (DWCC).
is The proposed impervious surfaces include the following areas:
Stone parcel ABC temporary access drive = 6,910 sq.ft.
Azalea Lane Parcel temporary access drive - 13,160 sq.ft.
Stone Parcel Reinforced Membrane Liner = 106,126 sq.ft.
The total temporary impervious surface = 126,196 sgft.
The project area listed on Form SWU-101 is the total area of disturbance listed on the
Ownership /Financial Responsibility Form, or 6.72 acres (292, 724 sgft.) The total percent
coverage of temporary coverage is equal to (126,196 sq.ft.1292,724 sq.ft.)x100 = 43.11%.
All proposed temporary impervious surfaces will be removed at the conclusion of the
dredging project.
All proposed temporary impervious surfaces will be removed at the conclusion of the
dredging project.
As can be seen from the information above, both the total proposed temporary impervious surface
and the percent coverage at the Hillcrest Disposal Area are significantly less that those values
proposed and previously permitted at the Stone/DWCC parcel.
Discussion of Soil Erosion and Sedimentation Control Permit Fees
The following Table is a comparison of the total number of parcels involved in the previous
• permitting process and the parcels to be involved in this latest effort. The Table compares the
parcels and the Area of Disturbance per parcel between the two project disposal methods and project
areas.
Table 1 - Disturbed Area Camnarican
C-I
Parcel Description Total
Disturbed
Area
Proposed Parcel Description Total
Disturbed
Area
Proposed
Stone Parcel 3.52 acres Hillcrest Area 3.98 acres
Azalea Lane/Davis Parcels 0.62 acres
North Marina 0.047 acres
Loblolly Marina 0. 114 acres
DWCC Disposal Site #1 0.60 acres
DWCC Disposal Site #2 1.45 acres
DWCC Disposal Site #3 0.37 acres
Total 6.72 acres Total 3.98 acres
The original project involved the disturbance of 7 acres and the currently proposed project requires
the disturbance of 4 acres. The original permit fee was $455.00. A project disturbing 4 acres would
require a fee of $260.00. No additional fee should be required at this time.
Discussion of the Low Density Stormwater Permit Modification
A Low Density Stormwater Permit, Permit No. SW7090805, has been obtained for this project The
improvements proposed for the Hillcrest Disposal Area are significantly less than those at the Stone
Site. Due to less impervious surface and a lower percent coverage this permit can be modified
readily.
Conclusion
As we embark on this renewed effort to complete the Phase 1- Canal Maintenance Dredging Project
the following statements still hold true.
Soil Erosion and Sedimentation Control issues are paramount concerns for the Town and its citizens.
The Contract Bid Documents indicate that the work is subject to all conditions of the permits issued
for this project. The Contract Bid Documents contain a significant level of detail pertaining to Soil
Erosion and Sedimentation Control issues. Contractors will be required to become familiar with the
language and requirements of all permits. This project will adhere to conditions outlined in the
Pollution Control Act of 1973.
•
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Name: MARTIN POINT Location: 036° 07'41.7" N 075° 44' 19.6" W
Date: 6/23/110 Caption: Hillcrest Disposal Area
Scale: 1 inch equals 1000 feet Loblolly Marina
North Marina
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Name: MARTIN POINT Location: 036° 08' 10.1" N 075° 44'00.6" W
Date: 6/23/110 Caption: Hillcrest Disposal Area
Scale: 1 inch equals 2000 feet Loblolly Marina
North Marina
Copyright (C) 1997, Maptech, Inc.
Tracks
Name: Trk5
Distance: 1199 feet
Log Points: 7
Name: Trk6
Distance: 969 feet
Log Points: 6
Name: Trk21
Distance: 3004 feet
Log Points: 352
Markers
Name: Loblolly Marina
Short Name: Lbllly
Coordinates: 036° 07' 36.6" N, 075° 44'25.4" W
Name: North Marina
Short Name: NrthMr
Coordinates: 036° 07' 31.9" N, 075° 44'37.3" W
Name: Hillcrest Disposal Site
Short Name: Hllcrs
Coordinates: 036° 08' 12.9" N, 075° 44'25.2" W
is
Town of Southern Shores - Maintenance Dredging Project - Phase 1
•
SECTION 02370
EROSION AND SEDIMENTATION CONTROL
PART 1: GENERAL
02370-1
1.1 RELATED DOCUMENTS:
a. Drawings and general provisions of Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to work of this Section.
1.2 SCOPE:
a. Related Work Specified Elsewhere:
Earthwork (Section 02300).
b. Work Included This Section:
1. Protection of the project area and surroundings from soil erosion, runoff,
sedimentation or the effects of harmful waste discharges resulting from construction operations.
2. Installation and maintenance of erosion control devices and structures and
temporary seeding of disturbed areas. See Section 02920 for permanent seeding.
• 3. Extent of erosion control work is shown in general on the Drawings. However, it
is the responsibility of the Contractor to provide all erosion control construction required in order to comply
with local and state regulations, even if not specifically shown on the Drawings or specified herein.
1.3 QUALITY ASSURANCE:
a. General: Employ only experienced personnel familiar with required work. Provide
adequate supervision by qualified foreman.
b. Codes and Standards: Comply with applicable North Carolina Administrative Code, Title
15, Chapter 4, Sedimentation Controls (15 NCAC4), and Pollution Control Act of 1973.
PART 2: PRODUCTS
2.1 MATERIAL:
a. Temporary Silt Fence: Provide as per NCDOT Standard Section 893, or equivalent
materials.
1. Posts: Provide either wood (3C diameter or greater x 6' long) or steel (1 3/4C
wide, self- or fastener-angle type, 5' long) posts at Contractor's option.
2. Filter Fabric: 36 inch wide fabric; burlap, 6.7 oz./sq. yd., or Dominion Textile
Corporation CMirafi 100XC or equivalent.
. b. Baled Hay Barriers: Small grain straw or tame hay, compacted in bales with wire ties,
approximate dimensions 24C x 48C x 24c, weighing minimum 45 lbs. per bale, air dried free of undesirable
weed seed.
Town of Southern Shores - Maintenance Dredging Project - Phase 1
02370-2
E
•
U
C. Erosion Control Blankets: Provide either AMXCO Curlex Blankets or AMXCO Hi-Velocity
Curlex Blankets by American Excelsior Company, Arlington, Tx, or approved equal, as necessary to
control erosion, depending upon steepness of the slope and velocity of storm water down the slope.
1. AMXCO Curlex Blanket is a machine produced mat of curled wood excelsior of
80% six-inch or longer fiber length and of consistent thickness with the fiber mat evenly distributed over
the entire area of the blanket. The top surface of the blanket is covered with a photogradeable extruded
plastic mesh.
2. AMXCO Hi-Velocity Curlex Blanket is the same as the AMXCO Curlex Blanket
except is thicker and both sides are covered with extra heavy duty extruded plastic mesh.
3. Wire staples for AMXCO Curlex Blanket are to be .091 minimum in diameter,
U-shaped with 6C legs and 1 c minimum crown.
4. Wire staples for AMXCO Hi-Velocity Curlex Blanket are to be .091 minimum in
diameter, U-shaped with 8C legs and 1 C to 2C crown.
d. Seeds for Temporary Ground Cover: Labeled to show they are within the requirements
of the N.C. Department of Agriculture as to purity, germination, and the restriction of prohibited weed
seeds. Use seed certified to have a minimum purity of 95% and to have passed a germination test of
90% with total weed seed in mixture not exceeding 1 %.
1.
19) Temporary Seedinq Schedule (generally Oct 1- March 31)• (see plan sheet 4 of
Plants & Mixtures
Tall Fescue
Tall Fescue &
Sericca Lespedeza
Tall Fescue &
Browntop Millet or
Sorghum - Sudan Hybrids
Tall Fescue &
Ryegrain
(Keep annuals cut to 10C)
Weeping Lovegrass
Common Bermuda Grass
Plantinq Rates/Acre
80-150 Ibs/acre
75 Ibs/acre
60 Ibs/acre
60 Ibs/acre July - August
30 Ibs/acre
(Millet & Sorghum must be kept at 10c max. height)
70 Ibs/acre
25 Ibs/acre
Nov. 1 - Jan.
5 Ibs/acre
8-12 Ibs/acre (hulled)
15-20 Ibs/acre (unhulled)
Planting Dates
Aug. 15 - Oct. 15
Feb. 15 - Apr. 30 Sc.
Nov. 1 - Feb. Unscar
April - June
April 15 - June 30
Feb. 1 - March
2. Permanent Seeding: Conform to General Seeding Specifications on Sheet 4
of 19 of the plans. The permanent seeding is subject to the soil test results and soil amendments and
grass species type recommended by the USDA.
e. Mulch: Small Grain straw or tame hay to be applied at 75 to 100 Ibs/1000 sq. ft. or 1 112
tons/acre.
f. Emulsified Asphalt: Suitable for application using liquid applicator on power mulch
blower or other suitable equipment at the rate of 200 qa./ton of straw.
Town of Southern Shores - Maintenance Dredging Project - Phase 1
02370-3
E
g. Plain Rip Rap: NCDOT Article 942-1, Class 1 (5 - 200 lb. d 50=8C). More than 50% of
the mixture shall be larger than the d50 stone size indicated.
PART 3: EXECUTION
3.1 GENERAL:
a. The construction sequence and scheduling of construction operations shall be an integral
part of the control plan. Establish a sequence of operations that will facilitate the control of erosion:
b. Limit initiation of work to the minimum area necessary to prosecute work, leaving soil
cover on other areas undisturbed.
C. Complete work on individual areas as quickly as possible to permit installation of planned
temporary and permanent erosion control measures.
d. Whenever land-disturbing activity is undertaken, plant a ground cover sufficient to restrain
erosion or otherwise protect that portion of the site upon which further active construction is not being
undertaken.
e. Silt Basins: Silt basins, diversions and other earthwork shall be constructed in
accordance with sections of the specification under Earthwork.
f. Silt Fences: Set posts not more than 10 feet apart. Attach fabric to posts with bottom at
or just below grade.
1. Attach filter fabric to fence and leave 6 inch skirt at bottom. Cover filter fabric
skirt with compacted backfill to prevent water from washing under fence.
2. Install silt fence around each drain inlet, as new roadside swale filters on 200'
intervals, and along downhill side(s) of site.
g. Erosion Control Blankets: Placement of the blankets and anchoring down with wire
staples shall be in accordance with published recommendations of the erosion control blanket
manufacturer.
3.2 SITE GRADING OPERATION:
a. Do not commence construction work until immediate and temporary soil erosion
measures are installed. These temporary measures are to be installed as detailed on the approved
Erosion and Sedimentation Control Plan.
b. Temporary Ground Cover: Areas which will stand for over 15 days at temporary grade
elevations shall be seeded with a temporary grass seed cover applied within 15 days of completing the
rough grading operations.
C. Areas which become eroded or do not have 75% minimum coverage of healthy grass or
reveal bare spots shall be reseeded, or remulched, or renetted and watered such that the entire planted
controlled erosion area contains a healthy and temporary stand of grass during the construction period.
d. Permanent Ground Cover: On all ground areas that are graded to final elevations,
permanent ground cover shall be established within 15 days of completing the rough grading of that area.
Any temporary ground covers that exist on interim ground surfaces shall be removed prior to continuing
with finish grading to prevent an undesirable mix of grass types for final grass areas. Overseeding will
Town of Southern Shores - Maintenance Dredging Project - Phase 1
02370-4
not be allowed since most temporary ground covers are very hardy types and will crowd out or
overshadow the finer permanent ground covers.
3.3 MAINTENANCE:
a. Relocate, repair, clean out and perform any other operation necessary to maintain
protective devices in effective operating condition at least once per month during construction period.
3.4 CLEANUP:
a. Remove all temporary devices and cover as their presence becomes no longer required.
END OF SECTION
•
0
•
RECEIVED
COASTAL N"IANAGEMENT
ELIZABETH CITY
Low Density Stormwater
Plan Modification
Submission
0 NCDENR, DWQ
0
Quible
1g59 50 YEARS
2V9
Quible & Associates, P.C.
• ENGINEERING - ENVIRONMENTAL SCIENCES - PLANNING - SURVEYING
SINCE 1959
P.O. Drawer 870
Kitty Hawk, INC 27949
Phone: [phone]
Fax: [phone]
June 23, 2010
Samir Dumpor
NCDENR, Division of Water Quality
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
PRINCIPALS
Sean C. Boyle, P.E.
Joseph S. Lassiter, C.E.P.
Eduardo J. Valdivieso, P.E.
ASSOCIATES
Joseph J. Anlauf, P.E.
Katherine C. Marchello, P.L.S.
RECEIVED
COASTAL MANAGEMENT
ELIZABETH CITY
Re: Low Density Stormwater Permit Modification
Town of Southern Shores - Phase 1 - Canal Maintenance Dredging Project
Town of Southern Shores, Dare County, North Carolina
Dear Samir;
To follow up on our project scoping meeting conducted on June 1, 2010 at the Washington Regional
• Office the following items are being submitted for your review and approval:
1. Three (3) copies of the project narrative;
2. Three (3) copies of the attached list of Landowners of Record;
3. Three (3) copies of the most current deed for Lot 3, Block 94, Southern Shores, Soundside;
4. Three (3) copies of the License and Indemnity Agreement between Benjamin Chandler
Spawr and Martha M. Spawr and Byrd Brothers Emergency Services, L.L.C.
5. Three (3) copies of the most current deed for Lot 4, Block 94, Southern Shores, Soundside;
6. Three (3) copies of the License and Indemnity Agreement between John F. Eck and Carol
A. Eck and Byrd Brothers Emergency Services, L.L.C.;
7. Three (3) copies of the most current deed for Lot 5, Block 94, Southern Shores, Soundside;
8. Three (3) copies of the License and Indemnity Agreement between Michael A. George and
Janet A. George and Byrd Brothers Emergency Services, L.L.C.;
9. Three (3) copies of the Letter of Authorization from Byrd Brothers Emergency Services,
• L.L.C., allowing the Town of Southern Shores to pursue permits for the maintenance
• dredging project on the parcels of land identified within the License and Indemnity
Agreements;
10. Three (3) copies of the document entitled "Project Protocol for Monitoring Effluent
Discharge" as prepared by RBDD;
11. Three (3) copies of the document entitled "Project Protocol for Booster Pump Monitoring"
as prepared by RBDD;
12. Three (3) copies of the document entitled "Project Protocol for Evaluating a new Polymer"
as prepared by RBDD;
13. Three (3) sets of Plans, Sheets 1-5 of 5;
14. Three (3) copies of the relevant portion of the USGS Quadrangle;
15. Three (3) copies of the current Low Density Stormwater Project Permit SW7090805.
This project will have some temporary impervious surface. The impervious surface includes a
temporary gravel access drive at the Hillcrest Disposal Area.
Stone parcel ABC temporary access drive = 6,172 sq.ft. = The total temporary impervious surface.
is The project area is 3.98 acres (173,446 sq.ft.) The total percent coverage of temporary coverage is
equal to (6,172 sq.ft./173,446 sq.ft.)x 100 = 3.56%.
As you are aware we successfully permitted this maintenance dredging project with a different
disposal area and method last year. The existing stormwater permit number is SW7090805. In
comparison the following exert was taken from the narrative of the previously permitted project at
the Stone Parcel and Duckwoods County Club (DWCC).
The proposed impervious surfaces include the following areas:
Stone parcel ABC temporary access drive = 6,910 sq.ft.
Azalea Lane Parcel temporary access drive = 13,160 sq.ft.
Stone Parcel Reinforced Membrane Liner = 106,126 .sq.ft.
The total temporary impervious surface = 126,196 sq.ft.
The project area listed on Form SWU-101 is the total area of disturbance listed on the
Ownership /Financial Responsibility Form, or 6.72 acres (292, 724 sgft.) The total percent
coverage of temporary coverage is equal to (126,196 sq.ft.1292,724 sq.ft.)x100 = 43.11 %.
All proposed temporary impervious surfaces will be removed at the conclusion of the
dredging project.
•
All proposed temporary impervious surfaces will be removed at the conclusion of the
dredging project.
As can be seen from the information above, both the total proposed temporary impervious surface
and the percent coverage at the Hillcrest Disposal Area are significantly less that those values
proposed and previously permitted at the Stone/DWCC parcel.
The attached project narrative contains additional details pertaining to the execution of the project.
Please review and approve the attached and please call with any questions.
Sincerely,
Quible & Associates, P.C.
Joseph J. Anlauf, P.E.
•
encl.: as stated
cc: Peter Rascoe - Town Manager
Tom Bennett - Town Project Manager
Eric Wainwright - Byrd Brothers Emergency Services, L.L.C.
John Cece - NCDENR, Division of Coastal Management
40
Project Narrative
Phase 1- Canal Maintenance Dredging Project
Town of Southern Shores, Dare County, North Carolina
June 24, 2010
General
The Town of Southern Shores (TOSS) contracted with Sampson Contracting, Inc.(Sampson), to
perform the maintenance dredging on the Phase 1 portion of the Town's canal system during the
2009-10 dredging cycle.
Phase 1 dredging includes the portions of the waterways know as the Outside Channel (OC), Inside
Channel (IC), Channel A (CA) and Channel B (CB). Please see the attached plan sheet, sheet 2 of
5, which illustrates the waterway system with the descriptive nomenclature listed above.
The Contractor failed to complete the dredging in accordance to the Contract and the Town has
found the Contractor to be in Default of the Contract.
Byrd Brothers Emergency Services, L.L.C. (Bryd), through a teaming agreement with Sampson has
agreed to perform the work during the 2010-11 dredging cycle under the original contract at no
additional cost to the Town.
• The current set of permits address the dredging of the Phase 1 portion of the canals by the hydraulic
method with treatment and disposal of the dredge fluid and spoils at the North Marina site owned
by the Southern Shores Civic Association. This location was secured through the modification of
the original permits which were obtained for the site know as the Stone site also located in Southern
Shores.
Due to the failures by the original contracting team to complete the project as they proposed the
dredge spoil de-watering and disposal site must be moved to a new location.
The new disposal site is located on three (3) residential parcels located on the west side of Hillcrest
Drive in Southern Shores. The center of the disposal site is located approximately at Latitude
36°08' 10"N and Longitude 75°44'30"W. This disposal site was considered by the original permit
application processed back in 2007.
Byrd has secured the right to use these parcels from each individual property owners through a
License and Indemnity Agreement unique and specific to each property, copies of which have been
attached. Byrd has also provide authorization to the TOSS to pursue permits associated with the
maintenance dredging project on these parcels, via written letter, a copy of which has also been
attached.
Since both the method of handling the dredge spoil and the spoil and de-watering locations have
changed the TOSS is pursuing a modification to the permits to address these items.
0
The party financially responsible for all land disturbing activities associated with this project is the
• Town of Southern Shores, 5375 N. Virginia Dare Trail, Southern Shores, NC 27949.
The contact person for the Town will be the Dredging Project Manager, Mr. Tom Bennett. Mr.
Bennett's cell phone number is [phone].
The following sections will describe in greater detail the use and configuration of each site.
The Dredge Spoil De-watering Site - Hillcrest Disposal Area
The Hillcrest Disposal Area is comprised of the western portion of three (3) residential parcels
located on the west side of Hillcrest Drive.
The Landowners of Record are as follows:
1. Benjamin Chandler Spawr & Martha M. Spawr
Lot 3, Block 94, Southern Shores, Soundside
P.O. Box 2012
Kitty Hawk, NC 27949
Pin Number: 9868 13 24 1121
D.B. No.: 1367 Page No.: 182
• 2. Jack F. Eck & Carol A. Eck
Lot 4, Block 94, Southern Shores, Soundside
279 Hillcrest Drive
Southern Shores, NC 27949
Pin Number: 9868 13 23 0204
D.B. No.: 1313 Page No.: 325
3. Michael A. George Trustees & Janet A. George
Lot 5, Block 94, Southern Shores, Soundside
20 Beechnut Drive
Long Valley, NJ 07853
Pin Number: 9868 13 14 9308
D.B. No.: 1709 Page No.: 404
The latitude and longitude of the approximate center of the project area are 36°08'11"N and
75°44'30"W. Please see the attached USGS quadrangle section attached to this narrative.
In order to prepare the site for the project it must be cleared, grubbed and rough graded.
The de-watering system has been designed by Rowboat Dock & Dredge Company (RBDD). The
system is comprised of the following items:
0 1. Primary Settling Basin - this earthen basin has approximately 25,765 cu.yds of storage with
two (2) internal diversion baffles with end oriented turbidity curtains. Effluent leaves this
. basin by way of a suction platform which collects the supernatant. A geotextile membrane
will be incorporated into the berm wall to add structural stability. The influent pipe has been
positioned so that is discharges 50 feet away from the berm wall. A secondary influent pipe
from a recycle line has been positioned within the Primary Settling Basin also having a
discharge 50 feet away from the berm wall.
2. Polymer Station - The Polymer Station is the location where polymers will be introduced into
the de-watering system. An 8" diesel transfer pump will suction supernatant from the
Primary Settling Basin and deliver it through the pipe serpentine. The polymer will be dosed
on the front end of the serpentine and will mix with the dredge fluid supernatant within the
pipe network. Turbidity will be monitored continuously and the polymer concentration will
be adjusted in accordance with the recorded turbidity. The polymers utilized will either be
a polymer that appears on the approved list of polymers published by the State or will
undergo the toxicity evaluation outlined in the document entitled "Project Protocol
Evaluating a new Polymer" as developed by RBDD. A copy of this document has been
attached.
3. Secondary Settling/Polishing Basin - The Secondary Settling Basin will have approximately
4,892 cu.yds. of storage. This basin will be responsible for providing additional detention
and contact time for polymerized fluid. This basin contains two internal diversion baffles
with end oriented turbidity curtains. Fluid will leave this basin through a standard flashboard
• riser with stop logs. The effluent pipe will outlet back to the canal with the end of the
discharge pipe being below normal liquid level.
4. Recycling System - A recycling system has been incorporated into this design. If the effluent
exceeds the turbidity limit the effluent pipe will be closed via a valve and flow will be
recycled back to the second "chamber" of the Primary Settling Basin. By recycling the flow
both the detention time and polymer contact time are increased while no flow is being
discharged back to the receiving stream.
The dredging work will begin in the interior canals. The interior canals contain a higher percent
organic material. By beginning in the interior, where the organic content poses the potential for more
turbid water, the Contractor will have the largest volume within the de-watering system by which
to attenuate the particulate matter.
The total area of disturbance on the tract is 3.98 acres. The limits of disturbance have been illustrated
on the attached plans. The entire project area is to be ringed in silt fence. A temporary gravel access
drive has been proposed on the property of Jack and Carol Eck. All ingress and egress for this
project will be through this access drive. The gravel drive serves to both stabilize the sloping
driveway and to provide a location for sediment to be knocked from truck wheel treads prior to be
deposited on a town road.
Once the hydraulic dredging operation is concluded the site will be decommissioned. No spoil
• material will leave this site, therefor eliminating concerns of off site sedimentation. The spoil
material will be blended with the berm material and graded out in accordance with the final grading
. plan, see drawing sheet 4 of 5. The entire disturbed area will be seeded in accordance with the
general seeding specification. Silt fence, which rings the entire site, will be left in place until
vigorous vegetative growth occurs. Erosion control fabric will be utilized in a few areas where the
proposed finished grade slopes lend themselves to the potential for escarpment formation.
Although no booster pumps are proposed at this time, two (2) potential booster pump sites have been
identified. Booster pumps can be situated on land at both the North Marina Site and the Loblolly
Marina site, both of which are owned and maintained by the Southern Shores Civic Association
(SSCA).
North Marina Site
The SSCA North Marina site is located on Marina Circle Drive, a private lane owned and
maintained by the SSCA. This site lies adjacent and to the west of South Dogwood Trail.
The latitude and longitude of the approximate center of the project area are 36°07'36"N and
75°44'35"W. The pin Number for this parcel is 9868 17 10 5589. A USGS quadrangle of
this area has been attached.
This marina has a boat ramp that will provide the primary access point into the canal system.
The access road is paved in asphalt.
• Loblolly Marina Site
The Loblolly Marina is owned and maintained by the SSCA and is located at the end of
Loblolly Drive. The latitude and longitude of the approximate center of the project area are
36°07'37"N and 75°44'27"W. The pin Number for this parcel is 9868 17 20 3728. A USGS
quadrangle of this area has been attached.
A protocol document entitled "Project Protocol Booster Pump Monitoring" has been prepared by
RBDD which outlines the proposed monitoring of any booster pumps utilized in this project. Please
see the attached copy of this document.
Work is slated to begin in September of 2010. Although the actual dredging cannot begin until
October 1, 2010, other project work including, but not limited to, the construction of the Primary and
Secondary Settling Basin, the Polymer Station, temporary access roadway and the fusing of pipe will
likely begin sometime in September of 2010 in advance of and to be ready to begin dredging
immediately at the beginning of the allowed dredge window.
Soil Erosion & Sedimentation Control Measures
1. Dredge Spoil De-waterin Site
Silt Fence
Silt Fence will be installed around the perimeter of the entire dredge spoil disposal
• site. According to the guidelines for placing silt fence, site drainage areas are limited
to 1/4 acre per 100ft. of fence and the area is further restricted by slope steepness.
The total area of disturbance is approximately 4 acres, broken into quarter acre
increments this site would require a minimum of 1,600 linear feet of silt fence to
comply with the limits. 1,764 linear feet of silt fence has been proposed for use at
the Hillcrest Disposal Area which will allow the project to have a limits of
disturbance of 4.41 acres (1,764 l.ft./100 ft. x 0.25 acres). Under the proposed
Hydraulic Dredging method, the slope to be installed as part of the earthen
containment berm is approximately 67% or a 1.5:1 slope. The slope steepness
criteria for slopes that are greater than 20% would limit the height of the adjacent
berm to a maximum height of 15 feet above the fence. The maximum height of the
proposed berm is 10 feet above natural grade meeting this basic criteria.
Seedm2
Stabilization by vegetation will be the most widely utilized method of soil erosion
& sedimentation control measures. Contractors will be required to follow guidelines
that require that permanent seeding occur after the completion of any phase of
grading or within 15 days of land disturbance activities. Contractors must also
ensure the vegetative stabilization of the exterior of the earthen containment berm
throughout the duration of the project. The interior of the earthen berm will be
. reinforced with a geotextile fabric.
Erosion Control Entrance/Exit
A new temporary gravel road will be constructed to access this site. Please see the
attached plans. This road will act to control both erosion and sedimentation.
A copy of the Erosion & Sedimentation Control Specifications - Section 02370 have been attached
to this submission.
Temporary Impervious Surfaces
This project will have some temporary impervious surface. The impervious surface includes a
temporary gravel access drive at the Hillcrest Disposal Area.
Stone parcel ABC temporary access drive = 6,172 sq.ft. = The total temporary impervious surface.
The project area is 3.98 acres (173,446 sq.ft.) The total percent coverage of temporary coverage is
equal to (6,172 sq.ft./173,446 sq.ft.)x100 = 3.56%. In comparison the following exert was taken
from the narrative of the previously permitted project at the Stone Parcel and Duckwoods County
Club (DWCC).
0 The proposed impervious surfaces include the following areas:
Stone parcel ABC temporary access drive = 6,910 sgft.
Azalea Lane Parcel temporary access drive = 13,160 sq.ft.
Stone Parcel Reinforced Membrane Liner = 106,126 sq.ft.
The total temporary impervious surface = 126,196 sq.ft.
The project area listed on Form SWU-101 is the total area of disturbance listed on the
Ownership /Financial Responsibility Form, or 6.72 acres (292, 724 sgft.) The total percent
coverage of temporary coverage is equal to (126,196 sq ft./292,724 sq.ft.)x100 = 43.11 %.
All proposed temporary impervious surfaces will be removed at the conclusion of the
dredging project.
All proposed temporary impervious surfaces will be removed at the conclusion of the
dredging project.
As can be seen from the information above, both the total proposed temporary impervious surface
and the percent coverage at the Hillcrest Disposal Area are significantly less that those values
proposed and previously permitted at the Stone/DWCC parcel.
Discussion of Soil Erosion and Sedimentation Control Permit Fees
The following Table is a comparison of the total number of parcels involved in the previous
• permitting process and the parcels to be involved in this latest effort. The Table compares the
parcels and the Area of Disturbance per parcel between the two project disposal methods and project
areas.
Table 1 - Disturbed Area Cmmnnricnn
•
Parcel Description Total
.Disturbed
Area
Proposed Parcel Description Total
Disturbed,...
Area
Proposed
Stone Parcel 3.52 acres Hillcrest Area 3.98 acres
Azalea Lane/Davis Parcels 0.62 acres
North Marina 0.047 acres
Loblolly Marina 0. 114 acres
DWCC Disposal Site #1 0.60 acres
DWCC Disposal Site #2 1.45 acres
DWCC Disposal Site #3 0.37 acres
Total 6.72 acres Total 3.98 acres
The original project involved the disturbance of 7 acres and the currently proposed project requires
the disturbance of 4 acres. The original permit fee was $455.00. A project disturbing 4 acres would
require a fee of $260.00. No additional fee should be required at this time.
Discussion of the Low Density Stormwater Permit Modification
A Low Density Stormwater Permit, Permit No. SW7090805, has been obtained for this project The
improvements proposed for the Hillcrest Disposal Area are significantly less than those at the Stone
Site. Due to less impervious surface and a lower percent coverage this permit can be modified
readily.
Conclusion
As we embark on this renewed effort to complete the Phase 1- Canal Maintenance Dredging Project
the following statements still hold true.
Soil Erosion and Sedimentation Control issues are paramount concerns for the Town and its citizens.
The Contract Bid Documents indicate that the work is subject to all conditions of the permits issued
for this project. The Contract Bid Documents contain a significant level of detail pertaining to Soil
Erosion and Sedimentation Control issues. Contractors will be required to become familiar with the
language and requirements of all permits. This project will adhere to conditions outlined in the
Pollution Control Act of 1973.
•
0
Landowner's of Record
Attachment to Financial Responsibility/Ownership Form - Sedimentation Pollution Control Act
Phase 1 - Canal Maintenance Dredging Project
Town of Southern Shores, Dare County, North Carolina
1. Benjamin Chandler Spawr & Martha M. Spawr
Lot 3, Block 94, Southern Shores, Soundside
P.O. Box 2012
Kitty Hawk, NC 27949
Pin Number: 9868 13 24 1121
D.B. No.: 1367 Page No.: 182
2. Jack F. Eck & Carol A. Eck
Lot 4, Block 94, Southern Shores, Soundside
279 Hillcrest Drive
Southern Shores, NC 27949
Pin Number: 9868 13 23 0204
D.B. No.: 1313 Page No.: 325
3. Michael A. George Trustees & Janet A. George
10 Lot 5, Block 94, Southern Shores, Soundside
20 Beechnut Drive
Long Valley, NJ 07853
Pin Number: 9868 13 14 9308
D.B. No.: 1709 Page No.: 404
0
•
•
Filed
00/1212001 800k: 1907 Page: 102 Doo Id: 0030211
Doc Coda: DE 04ED:38pR R60410 0: 26017
'"BARR R GRAY, REGISTER OF DEEDS DANREExcite Tax Pd: $100.00
L.T. # q1"
TAX PARCEL # 21408000
I% Land Transfer Tax - $950.00
Excise Tax - $190.00
Prepared by:
Charles D. Evans
KELLOGG AND EVANS
P.O. Box 189
Manteo, NC 27954
Return to:
John G. Gaw, Jr.
P.O. Box 1890
5121 N. Croatan Highway
Kitty Hawk, NC 27949
030211
111NI111111111111111111NN11111111111111111111111I N 604Y
, 120001 04:30PR
NORTH CAROLINA, DARE COUNTY
DARE 3111 RE STATE
COUNTY TR TAX
LT It 7- 1 DI
THIS DEED made this the day of
WILLIAM E. MURRAY, Co-Trustee, anrBENJ)
Walker McKinney, Co-Trustee, deceas December 24, 1984, parties of the first pa 12214 Overlook Mountain Drive, CharlottWITNESS

THAT the said parties of the fib:
HUNDRED ($100.00) DOLLARS
hand paid by the said party of the se
have bargained, sold and convey
the said party of the second part, Ii(
i
in the Town of Southerry?hores, t
particularly described a oljcWs:
_!1001, by and between
Successor Co-Trustee for
E. Murray Trust dated
HANDLER SPAWR, of
f the second part:
for and in consideration of the sum of ONE
ie ood and valuable consideration to them in
Vare eipt of which is hereby acknowledged,
sents do bargain, sell and convey unto
, all those certain lands lying and being
DCounty, North Carolina, and more
Being Lot No. 3 k a hown on that certain map or plat entitled
` Soundside BI c , So a hores, Kitty Hawk Land Company, Owner,
Kitty Hawk, N. .", dated 1965, prepared by P. F. Crank, Jr., Registered
Surv y, and c deed in ok 2, Page 268, in t he Public Registry of Dare
G ?11 d min 1 r' his are not hereby conveyed
etng "perty conveyed to Walker McKinney, Trustee for the
Murray Trust, dated December 24, 1984, by deed dated
emb 2 , 1988, and duly recorded in Book 589, Page 295, Public
ReDkt of D e County, North Carolina, the said Walker McKinney having
appoin the said David Groom as Successor Co-Trustee by an instrument
dated ch 20, 2000 to be effective upon the death of the said Walker
y, the said Walker McKinney having died August 20, 2000.
conveyance is made subject to the ad valorem taxes for 2001 and any
e ements, covenants and restrictions of record and any governmental rules
and regulations that may affect the use thereof.
•
HAVE AND TO HOLD the above described lands and premises together with all the
ileges and appurtenances thereunto belonging unto the said party of the second part, his
s and assigns, in fee simple forever.
AND the said parties of the first part, for themselves and their successors, administrators,
executors and assigns, covenant to and with the said party of the second part, his heirs and
11
11111111111{11111111111111111NIII1111111111111111111{I 04 603022 01 e4:39Pn
assigns, that they are seized of said lands in fee, that they have a good right to convey the
. same in fee simple; that the same are free and clear of all encumbrances whatsoever except
as otherwise set forth herein; and that they will forever warrant and defend the title to the
same against the claims of all persons whomsoever.
IN TESTIMONY WHEREOF, the said parties of the first part have hereunto set their hands
and seals the day and year first above written.
WILLIAM E. MURRAY, ee o f he
William E. Murray Trust Decembe 2 ,
1984
1 (SEAL)
AVID GROO ce or o- stee for
Walker McKin e , Co-T t , dece ed, of the
William E. M Trust a ed December 24,
1984
STATE OF cs?
CITY/COUNTY OF
1, - `T ` 4 6? ublic of the County and State
aforesaid, certify that William E. rray, o-Trustee of the William E. Murray Trust dated
December 24,1984 personally ap re efore me this day and acknowledged the execution
of the fore?99m?g ins rument. Witness h and official stamp or seal, this the day of N?IG?? 200
nuuuirr
=;o ;, T1"?? ; V t Public
S
x Y5+4''?1klE? ;,
STATE'OF
CITY/CO
sago
1> rA a Notary Public of the County and State
aforesai rti that D vid Groom, Successor Co-Trustee for Walker McKinney, Co-
Trustee deceas the William E. Murray Trust dated December 24, 1984 personally
app fo me is day and acknowledged the execution of the foregoing instrument.
W' n ss my and and official stamp or seal, this the 20 day of M/Igc
20
C \ Notary UDL
Public /
A? STAMP
v ?.
Commission Ex in s= r , U,j : (, ,t i;;,t M. , Notary Public
• ?\ /J rCl f Y?iJ yrEG •: ?
•
r?
3 of 3
Pi p 2001 04 : 30PM
IIIIiI ?lll? Ilillll 1111 1111111111111 lilt III IN 1111 1111 00431021
NORTH CAROLINA, DARE COUNTY
The foreeoine Certificatek of ralAM , rhl o 4 C A,,ti . D _ c.. .??
e%/are centnea to De correct.
This instrument and this certificate are duly registered at the date and time
and Page shown on the first page hereof.
BARBARA M. GRAY By. Ian
REGISTER OF DEEDS T REGIST

the Book
vot Ana
0
0 LICENSE AND INDEMNITY AGREEMENT
THIS AGREEMENT between Beniamin Chandler Spawr and Martha M. Spawr
(hereinafter identified as "PROPERTY OWNERS" and BYRD BROTHERS
EMERGENCY SERVICES, LLC, a Limited Liability Corporation, organized and
existing under the laws of the State of North Carolina (may be referred to hereinafter
referred to as "BYRD BROTHERS" and the Town of Southern Shores, North Carolina
(hereinafter as referred to "TOSS").
WHEREAS, TOSS is a body corporate and politic existing under and pursuant to
the laws of the State of North Carolina.
WHEREAS, BYRD BROTHERS is a limited liability company with offices at
5164 Lamm Road, Wilson, North Carolina 27893 and has been engaged by Sampson
Contracting, Inc. to supervise and facilitate certain dredging operations, more particularly
described in the site plan for Canal Maintenance Dredging Project, Phase One, Exhibit 1
(incorporated herein by reference and made a part hereof), (hereinafter may be referred to
as "the Project").
WHEREAS, PROPERTY OWNERS, are the owners of certain property located
at 275 Hillcrest Drive, Southern Shores, Dare County, North Carolina. (Hereinafter
referred to as the "PROPERTY").
WHEREAS, BYRD BROTHERS desires to use OWNERS' PROPERTY upon
which to permanently place dredging spoils and other materials generated in connection
with the Project, thereby on their behalf and on behalf of all other entities, corporate and
politic, in accord with, and associated or allied with them, and not objecting thereto, and
to invest ownership of the spoils so placed in the said owners, their successors, heirs and
assigns, absolutely.
WHEREAS, the PROPERTY OWNERS agree to grant permission to BYRD
BROTHERS to come upon that portion of the PROPERTY OWNERS property
designated for the Project and do all things reasonably necessary in preparation for the
dredging of the canals and generating spoils. Thereafter a portion of the spoil produced
during the performance of Phase One of the Project may be permanently placed and
deposited on said property in accord with the site plan. The dredging spoils shall consist
of sand and other such materials and placed at the direction of BYRD BROTHERS or as
furthers provided for hereinafter. Any material (spoil) deemed as "excess" by the Ecks
and Georges will be accepted by the PROPERTY OWNER. A copy of the tentative plan
for the work site is attached.
WITNESSETH
In consideration of BYRD BROTHERS being allowed to permanently deposit -
a portion of the dredging spoils, and specified materials utilized in berm/containment
construction on said property, and in consideration of PROPERTY OWNERS receiving
•
Page 1 of 8
• dredging spoils and ancillary work that must be performed thereon, including but not
limited to grading, reclamation, grassing and seeding, and other mutual promises,
covenants and understandings as made between BYRD BROTHERS and PROPERTY
OWNERS, as set forth herein, and other good and valuable consideration, the receipt and
sufficiency which is hereby acknowledged, BYRD BROTHERS and the PROPERTY
OWNERS (hereinafter may be referred to as "the parties") agree as follows:.
ARTICLE I
PERMITTED ACTIVITIES
1. BYRD BROTHERS/TOSS may use those portions of the PROPERTY for
the conducting of the Project as depicted and set forth in more detail in Exhibit 1.
2. The PROPERTY OWNERS shall permit BYRD BROTHERS or its assigns,
successors, or agents to place on their PROPERTY dredging spoils and related materials
produced as a result of the performance of Phase One of the Project. It is further agreed
that, at the PROPERTY OWNERS request, the location of the spoil materials and the
final grade shall be in conformity with and as described and depicted in the grading plan
marked Exhibit 2 which is incorporated herein by reference and made a part hereof.
3. PROPERTY OWNERS shall permit this use of the Property for the complete
duration of Phase One and PROPERTY OWNERS shall have the option of continuing
• this Agreement for Phase Two and Phase Three of the Project, although it is not known at
the time of the execution of this Agreement if BYRD BROTHERS will participate in
any additional Phases.
4. Except as further set out herein, the PROPERTY OWNERS shall permit
BYRD BROTHERS, its personnel, successors and assigns, state inspectors and
necessary personnel the right of entry upon the Property to perform, conduct and
implement the Project Plan. Access to the property shall be limited to those individuals or
groups identified by BYRD BROTHERS as set forth in Exhibit 3. A list of authorized
personnel shall be maintained by BYRD BROTHERS. BYRD BROTHERS may
modify the list in its discretion but shall notify the PROPERTY OWNERS weekly of
any additions or deletions thereto or therefrom. (The initial version of Exhibit 3 is
attached hereto, incorporated herein by reference and made a part hereof). All others shall
be considered to be trespassers regardless of point of entry.
5. Enforcement and control of access shall be vested in BYRD BROTHERS.
This shall not operate to preclude the PROPERTY OWNERS and their invites from
access to the site. BYRD BROTHERS may erect such fences and protective barriers,
markers and signs as they deem necessary to identify the job site and restrict access
thereto. Control of access and the restrictions to the property shall commence at the
beginning of the execution of this agreement, and continue for 60 days after the
completion of all work as required or allowed herein.
Page 2 of 8
• 6. BYRD BROTHERS may assign its rights granted in this Agreement to other
persons or entities to which assignment the PROPERTY OWNERS agree.
ENVIRONMENTALCONDITIONS
1. All work performed by BYRD BROTHERS shall be in compliance with the
specific permit requirements and conditions as established by the Coastal Area
Management Act (CAMA) and all subsidiary agencies having jurisdiction over any part
of the operations to be conducted, including NCDENR departments of soil and water
quality.
2. The work to be performed hereunder shall include construction of berms and
the permanent placing of a portion of the spoil material dredged form the canals on the
PROPERTY OWNERS property.
3. TOSS established the requirements and specifications for the Project. TOSS is
the holder of the State permit approving the dredging plan. As pemuttee TOSS has the
joint and several responsibility for assuring the performance of the Project as required by
permit conditions and engineering specifications.
4. The PROPERTY OWNERS are relying upon the assurances, knowledge,
representation and expertise of BYRD BROTHERS and TOSS that the dredged
• materials are suitable for placement upon their property, and their property is suitable to
receive same as a spoil disposal area.
It is further understood and agreed that the PROPERTY OWNERS have
no independent knowledge of the content of constituent parts of the dredged materials
themselves. BY" BROTHERS and/or TOSS shall defend, represent the interests of
and indemnify the PROPERTY OWNERS in the event that any violation of the
Comprehensive Environmental Response and Liability Act of 1980, 32 USCA §§ 9601-
9675 (CERCLA), as amended by the Super Fund Amendments and Reauthorization Act
of 1986 (SARA) are alleged or action thereunder initiated.
INSURANCE REQUIREMENTS
1. BYRD BROTHERS agrees to provide PROPERTY OWNERS a Certificate
of Insurance listing the PROPERTY OWNERS as additional insured with the coverage
and limits as set forth on the Certificate of Liability Insurance, a copy of which Is marked
Exhibit 4 and attached hereto and made a part hereof by reference. Liability insurance
shall be maintained for the protection of the PROPERTY OWNERS during their
maximum period of liability or exposures resulting from the activities permitted herein.
•
Page 3 of 8

0 SITE CLOSURE
1. Final grade will be subject to the approval of the PROPERTY OWNERS.
The grading shall be in accord with the Grading Plan marked Exhibit 2 which is attached
hereto and incorporated herein by reference.
2. Upon satisfactory completion of the grading, the Property will be seeded with
seasonal grasses and a minimum coverage of at least 80% maintained through two
complete growing seasons.
INDEMNITY
1. BYRD BROTHERS shall indemnify and hold harmless the PROPERTY
OWNERS from loss claims, damages and expenses arising out of or resulting from
performance of BYRD BROTHERS work on the Project, whether such claims losses,
damages or expenses are a direct, indirect or consequence of the performance of the acts
as allowed or contemplated herein.
2. It is specially agreed and within the contemplation of the parties and as part of
the bargained for valuable consideration in support of this Agreement that BYRD
BROTHERS will defend or cause to be defended any action brought by any and all third
parties against the PROPERTY OWNERS, their agents or assigns resulting from their
entering into, performing or exercising rights in accord herewith.
ARTICLE II
MISCELLANEOUS PROVISIONS
The provision of Article I not withstanding, the provision of Article 11, shall take
precedence in the event of a conflict or ambiguity.
1. BYRD BROTHERS and the Town of Southern Shores warrant that all
required permits have been applied for, granted or will soon be applied for.
2. Use of the PROPERTY OWNERS property for Phase Two and/or Phase
Three is not contemplated herein. As such, the PROPERTY OWNERS participation in
Phase Two and/or Phase Three is a subject of future negotiations. Any future
participation will be dependent upon reaching satisfactory agreement as to compensation
and all insurance and other indemnifications as set forth herein and any Exhibits.
3. BYRD BROTHERS and the TOSS shall not unilaterally make changes in the
requirements and/or conditions of this agreement, including those required by State
Agency, without the consent of the PROPERTY OWNERS.
0
Page 4 of 8

4. BYRD BROTHERS shall exercise extreme care to protect the trees and other
growth as depicted in the engineering drawings in Exhibit 1.
5. BYRD BROTHERS in cooperation with TOSS shall promptly respond
appropriately to any inquiries, threats, written or verbal, and shall make a good faith
effort to resolve them without harm or any expense to the PROPERTY OWNERS.
6. BYRD BROTHERS shall make reasonable efforts to minimize or reduce any
stench from decaying matter produced by dredging and deposited on the Property.
8. BYRD BROTHERS shall provide trash and refuse containers and the work
area shall be cleaned up daily. The work area shall be maintained in a neat and orderly
manner as nearly as is possible.
9. Portable Toilets are required and shall be placed out of the public's view.
10. Nails, placards or signs shall not be attached to any tree or shrub on Owner's
land. Only those areas indicated in the Project Plan drawings may be used by BYRD
BROTHERS and TOSS. All other areas are reserved for the Owner's use.
11. The PROPERTY OWNERS, TOSS, and BYRD BROTHERS must
sign/approve the final grading plan as depicted in Exhibit 2.
• 12. PROPERTY OWNERS shall be provided an opportunity to review the
modified final contract and Project Drawings and specifications between BYRD
BROTHERS and the TOSS.
14. This Agreement may be terminated or cancelled upon written agreement
between the PROPERTY OWNERS and BYRD BROTHERS. In such event no
compensation paid to or on behalf of the PROPERTY OWNERS shall be demanded or
paid.
15. This agreement shall become effective upon execution and when all Exhibits
are prepared, available and initialed. Execution shall be when both BYRD BROTHERS
and PROPERTY OWNERS sign and date same along with any available attachments and
the payment of compensation as agreed upon to the PROPERTY OWNERS has been
made.
This Agreement shall terminate on April 30, 2011. However, the PROPERTY
OWNERS may extend the end/completion date if caused by weather or other
circumstances over which BYRD BROTHERS has no control. Said extensions shall not
be granted for any situation resulting from the performance of any other Phase without
prior, written from TOSS and written approval from owners.
•
Page 5 of 8

16. This agreement shall terminate regardless of the status of the project should
BYRD BROTHERS and/or TOSS be found in violation of any permit and not notify the
PROPERTY OWNERS verbally within 48 hours or in writing within as specified for
the abatement of the violation and of the plan to remedy same. Notification to the
PROPERTY OWNERS shall be the duty of BYRD BROTHERS and TOSS. In the
event that BYRD BROTHERS and/or TOSS fail to notify the PROPERTY OWNERS
as required herein the PROPERTY OWNERS may avail themselves of any action legal
or equitable, that are available to protect their interests.
17. Upon default by BYRD BROTHERS, all terms and conditions as to
reclamation, site remediation as set forth herein shall apply, including grading, road
reclamation and re-vegetation.
18. BYRD BROTHERS shall cause a completion bond to be issued in a sum
sufficient to cover all expenses for the performance of non-completed close out,
including clean-up, grading, seeding and to partially compensate PROPERTY OWNERS
for their good faith reliance in the event of default. The completion bond shall be in an
amount of at least $50,000.00.
19. No action shall be taken that will disturb or alter the areas approved for a
septic field as identified by a permit issued by the Dare County Health Department. Said
permit is marked Exhibit 5, which is attached hereto and a part hereof.
20. Upon completion of all obligations and duties as required herein The Town of
Southern Shores shall abandon all right, claim or ownership interest in the portion of the
dredged materials. Absolute title to same shall be vested in the PROPERTY OWNERS,
their heirs, successors and assigns. It is understood that reclamation of the site will
necessarily involve the mixture and consolidation of the dredged materials with the
soil of the PROPERTY OWNER so as to make them indistinguishable and not
susceptible to separation.
21. BYRD BROTHERS may place upon the PROPERTY and use various
equipment and apparatus, including but not limited to pumps, pipe and flocculation
tanks, reasonably necessary for the dredging operations.
23. BYRD BROTHERS agrees to provide PROPERTY OWNERS with a
policy of legal insurance, i.e.-prepaid legal services. Any such policy may, in the
discretion of the PROPERTY OWNERS, be kept in full force and effect for a period of
five (5) years from the date of execution of this Agreement. Sufficient funds for the
payment of the premiums shall be born by BYRD BROTHERS in an amount to satisfy
the requirements hereof.
25. This Agreement may be reproduced or copied. Any reproduction or copy
of same shall be given the same legal force and effect as an executed original.
41 Page 6 of 8
• 26. BYRD BROTHERS may provide off-site soil material for the construction
of berms and other soil structures to facilitate dredging operations and to adequately
grade the site to be conducive to maintenance, facilitate positive drainage, and prevent
runoff from adjacent areas encroaching onto the property. PROPERTY OWNERS
reserve the right of final approval. PROPERTY OWNERS agree that any such materials
may be permanently placed on the PROPERTY.
27. Pending PROPERTY OWNERS' final approval of the grading, BYRD
BROTHERS agree to provide 3 inches of soil of suitable quality to promote and establish
vegetative growth. Such material shall completely cover the area disturbed by the final
grading and all affected areas.
CJ
is Page 7 of 8
• This agreement is dated .) IJ" q , 2010
BYRD BROTHERS Emergency Services, LLC
By Title:
Z?S4?3E R , 2D( O
Date
PROPERTY OWNER
Benjamin Chandler Sp
n
a
By Title:
• Date
Martha M. Spawr
•
r
I- V/?
By Ti e:
/
Date
Page 8 of 8

•
•
?,RDF CERTIFICATE OF LIABILITY INSURANCE OP ID BK DATE(MM/DDNYYY)
BYRDB-1 05/11/10
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
SIA Group HOLDER. THIS CERTIFICATE DOES NOT AMEND
EXTEND OR
827 Gum Branch Rd. ,
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW

Jacksonville NC 28540 .
Phone:[phone] Fax:[phone] INSURERS AFFORDING COVERAGE NAIC#
INSURED
INSURER A: National Indem Ins/CRC Ins
Byrd Brothers Inc
Byrd Brothers Emer
enc INSURER B: I11nois Union Ins. Co/westrope
g
y
Services LLC.
2302
`
INSURER C: American Interstate Insurance 31895
Nash
St N Suite E Box 241

Wilson NC 27896-1731 INSURER D: The Hanover Ins. Grou
p 22292
INSURERE: CNA/Victor 0 Schinnerer
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NS TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDIYYYY) DATE MMIR LIMITS
GENERAL LIABILITY EACH OCCURRENCE $1,000,000
B X COMMERCIAL GENERAL LIABILITY G22025909004 06/01/09 06/01/10 PREMISES (Ea occurence) 550,000
CLAIMS MADE OCCUR
MED EXP (Any one person) $5,000
-- PERSONAL SADVINJURY $1
000
000
,
,
GENERAL AGGREGATE s2
000
000
GEN'L AGGREGATE LIMIT APPLIES PER:
P
R
O PRODUCTS -COMPIOPAGG ,
,
$2,000,000
E
(
O- LOC
F] F POLICY X J
AU TOMOBILE LIABILITY
A ANY AUTO 70APS020640 06/01/09 06/01/10 COMBINED SINGLE LIMIT
(Ea accident) $1,000,000
ALL OWNED AUTOS
X SCHEDULED AUTOS BODILY INJURY
(Per pennon) $

X HIRED AUTOS
X NON-OWNED AUTOS BODILY INJURY
(Par accident)
$

A X Hired Phy Damage 70APS020640 06/01/09 06/01/10

A
X
$1000 Ded PROPERTYDAMAGE
(Per accident)
$
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY. AGG S
EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $15,000,000
B X OCCUR L_] CLAIMSMADE G22023020004 06/01/09 06/01/10 AGGREGATE S15,0001000
$
DEDUCTIBLE

X RETENTION $10400 $

WORKERS COMPENSATION $

AND EMPLOYERS' LIABILITY YIN R-
X TORY LIMITS ER
C OANY FFICERIMEMBEREXCUDEECUTIV? AVWCAL1823222009 06/01/09 06/01/10 E.L. EACH ACCIDENT S1,000,000
(Mandatory in NH)

ff yes, describe under E.L. DISEASE - EA EMPLOYE $ 1 000 000
, ,
SPECIAL PROVISIONS below
OTHER E.L. DISEASE- POLICY LIMIT $1,000,000
D Leased/Rented RHR3275270 06/01/09 06/01/10 300,000 $2500 Ded
E Pollution CSB288328521 05/11/10 05/11/11 2,000,000 10
000 Dad
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS ,
CFRTIFICATF MrU nFw
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Benjamin Chandler Spawr
275 Hillcrest Drive
Kitty Hawk NC 27949
is ACORD 25
SPACE-1 I DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 15 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
©1
riahts reserved
Fhe ACORD name and logo are registered marks of ACORD
•
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
•
0
Filed Beek; 1312 Pass: 325 Do* Id: 6001393
01/0612000 04:20PM ReeeiPt 0: 2000
Doo Code: DEED NC Exelee Tax Pd: $184.00
BARBARA M CRAY, REGISTER OF DEEDS DARE CO, NC
? 111111111111111111 IN 1111111111111111111111111111 1111 01105/2000 of 2
04:20PM
•
n
LT# 6638-99
Land Transfer Tax: $920.00
Excise Tax $184.00
Recording
Tax Lot No. ............._..__.............................................. ............ Parcel Identifier No.._021. 0................
Verified by ..._ ......... .......... ................ .......... .......... . _..... County on the ........ ....... day of ..........
by .................. .................. .......... .... ...... ...................... ................. .. ....... ........ .... ...................... ...
.
a
Mail after recording to .............. ........Sharp, Michael, Outten & GKa
P...9... I Box 1027, Kitty Hawk,N....2.7.9.49.1-... ................................. ..............
This instrument was prepared by John G. Gaw, Jr., Atty. at RE85 llc
B
rief description for the Index Lot 4, Blk. 94, S ern Shore
NORTH CAROLINA GEN AL WA ANTY DEED
THIS DEED made this ...22nd... day of ..................December 19......... , by and between
GRANTOR
ELEANOR BRAUCH PETERSON, TRUSTEE OF TH
ELEANOR BRAUCH PETERSON REVOCABLE TRU
U/A/D November 21, 1996
REAL ESTATE
DARE TRANSFER TAX
COUNTY
99
(D&5s 9 C lic
---? GRANTEE
JOHN F. ECK and wife,
CAROL A. ECK
Hawthorne Rd.
ta, MD 20646
Enter in appropriate block for each party:
The designation Grantor an I-Gyan e
shall include singular, plu 1 ma cu
WITNESSETH, that the ra r fc
acknowledged, has and Be ea
certain lot or parcel o la d a
Dare
.. ........... .... ... .......... . ...
nt
y
11ore1 shall include said parties, their heirs, successors, and assigns, and
r neuter as required by context.
le consideration paid by the Grantee, the receipt of which is hereby
,rant, bargain, sell and convey unto the Grantee in fee simple, all that
of ... _. _ _. ... ..., _ ._., ...... ......Atlantic Township,
ina and more particularly described as follows:
Being rCrnan . 4, Block No. 94, as shown on that certain map or
plat "Soundside Block 94, Southern Shores, Kitty Hawk
Land wner, Kitty Hawk, N.C.," dated June 1965, prepared
by P. , Jr., Registered Surveyor, and recorded in Book 2,
P 2 02, In he Public Registry of Dare County, North Carolina.
?N wa a is made as to gas, oil and mineral rights.
•

N. C. Bar Assoc. Form No. 3 © 1976. Revised © 1977 - as--j-a co., m?., eo. Iv, vwkmv9ie. N. c s?9ss
P--by A,ree--h-N C U, Assoc -1981
address, n if appropriate, character of entity, e.q. corporation or partnership.
Pap 2 o f 2
11111 ?II1111IIIII1 ?IIIIIIIII I?IIIIIIIIIIIII111011125122000 04:20PM
E
f
?J
Book lY5 P,
The property hereinabove described was acquired by Grantor by instrument recorded in Dare County Registry
... _ ...............................................................................................................................................................
A map showing the above described property is recorded in Plat Book Z_ ............. .. 2.68...........
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges an pur an
the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the re is in a Simp
the same in fee simple, that title is marketable and free and clear of all encumbrances, n
defend the title against the lawful claims of all persons whomsoever except for e do hd
Title to the property hereinabove described is subject to the following exce i .
General utility easements and rights of way of a ord.
Ad valorem taxes subsequent to 1999, not due an a e.
Restrictions and covenants of record ijx D= ount egi ry.
IN WITNESS WHEREOF, the Grantor has hereunto
corporate name by its duly authorized officers and its seal
above written.
---------------------------------------
(Corporate Name)
By: ___________________________________________.
____________________________ President
ATTEST: <
-----------------------------------------------
---__ _ \?1N11N11?f Secretary (Corporate
eY A. h)qi4i MARYLAND
P?
Y l? apT A 19y t?I S y l Notary n
J ,? i D = S us ee
NKK=
1%t• AV8LIC i• {., ers Ily pe
?i ?'7' ••''••......••
CU U tyT? ' \ d ofnci
656, .............
to
the right to convey
Ir will warrant and
r stated.
and seal, or it corporate, has caused this Instrument to be signed in Us
e affixed by authority of its Board o[11,_Wrectors, the day and year first
------(SEAL)
?E,L OR BRAUCH PETERSON, Trustee
---(SEAL)
__________________________________________________________(SEAL)
______ ___________e tCF____-----County.
If the o ty and State aforesaid, certify that Eieaii_or__Brauch_ Peterson,------
J \ x.l ------------ _------------------------------------------------ (SEAL)
anor Brauch Peterson Revocable Trust Grantor,
before me this day and acknowledged the execution of the foregoing Instrument. Witness my
my orLs/eal, this _0:Xt,d1ay of _____ December -----_--___ 19_95L
es: CJ??.LYy!!1.Q-_lVRkstal.? - ____-_______ ------ Notary Public
'rn AROLrxA, ------- _------------------------ County.
Ne ublto of the County and State aforesaid, certify that
.o ally came before me this day and acknowledged that ____ he Is ___________________________ Secretary of
___---- _--------------------------------------- a North Carolina corporation, and that by authority duly
nd as the act of the corporation, the foregoing instrument was signed In its name by its ---------------
j ent, sealed with its corporate seal and attested by ___________ as its ___________________________ Secretary.
less my hand and official stamp or seal, this ------- day of ___________________________ 19________.
commission expires:______________________________ ________________________________________ Notary Public
--+- ----------------------------
1s/a4e•certlned b correct. This instrument and this certificate are duly registered at the date and time and in the Rook and Page shown on the
first page hereof.
___ _______ _______________REGISTER OF DEEDS FOR---- -------------- COUNTY
•
BY 1-c---------- -------- - ? J --+---------- -- ` - ---------- -- day/Assistant- Register of Deeds
Z . C. Sar Asene. Form No. 3 J 1976. Revised Zo 1977 - aamrs wun,m: o co.. me., so, i n, v,ac,?.,ue. rr. c na55
.-U'A----,-H C ea. n'_ IM

LICENSE AND INDEMNITY AGREEMENT
THIS AGREEMENT between JOHN F. ECK and CAROL A. ECK, Husband
and Wife (hereinafter may be identified as "PROPERTY OWNERS" and BYRD
BROTHERS EMERGENCY SERVICES, LLC, a Limited Liability Corporation
organized and existing under the laws of the State of North Carolina (may be referred to
hereinafter as "BYRD BROTHERS" and the Town of Southern Shores, North Carolina
(may be referred to hereinafter as "TOSS").
WHEREAS TOSS is a body corporate and politic existing under and pursuant to
the laws of the State of North Carolina,
WHEREAS, BYRD BROTHERS is a limited liability company with offices at
5164 Lamm Road, Wilson, North Carolina 27893 that has been engaged by Sampson
Contracting, Inc. to supervise and facilitate certain dredging operations within the
confines of the limits of the TOSS, and more particularly described in the site plan for
Canal Maintenance Dredging Project, Phase One Exhibit 1,( incorporated herein by
reference and- made a part hereof), (hereinafter may be referred to as "the project").
WHEREAS, PROPERTY OWNERS, John F. Eck and Carol A. Eck, are the
owners of certain property located at 279 Hillcrest Drive Southern Shores, Dare County,
North Carolina and more particularly described as Lot 4, Block 94 as recorded in Deed
Book 1313 at page 0325, Dare County Registry (the "PROPERTY").
WHEREAS, BYRD BROTHERS desires to use OWNER'S PROPERTY upon
which to permanently place dredging spoils and other materials generated in connection
with the Project, thereby on their behalf and on behalf of all other entities, corporate and
politic, in accord with, and associated or allied with them, and not objecting thereto, and
to invest ownership of the spoils so placed in the said owners, their successors, heirs and
assigns, absolutely.
WHEREAS, the PROPERTY OWNERS agree to grant permission to BYRD
BROTHERS to come upon that portion of the PROPERTY OWNERS property
designated for the project and do all things reasonably necessary in preparation for the
dredging of the canals and generating spoils. Thereafter spoil produced during the
performance of Phase One of the Project may be permanently placed and deposited on
said property in accord with the site plan. The dredging spoils shall consist of sand and
other such materials and placed at the direction of BYRD BROTHERS or as further
provided for hereinafter.
WITNESSETH:
In consideration of BYRD BROTHERS being allowed to permanently deposit
dredging spoils on said property, and in consideration of PROPERTY OWNERS
0

receiving dredging spoils and ancillary work that must be performed thereon, including
but not limited to grading, reclamation, grassing and seeding and the other mutual
promises, covenants and understandings as made between BYRD BROTHERS and
PROPERTY OWNERS, as set forth herein, and other good and valuable consideration,
the receipt and sufficiency which is hereby acknowledged, BYRD BROTHERS and the
PROPERTY OWNERS (hereinafter may be referred to as "the parties") agree as
follows:
ARTICLE I
PERMITTED ACTIVITIES
1. BYRD BROTHERS/TOSS may use those portions of the PROPERTY for
the conducting of the Project as depicted and set forth in more detail in Exhibit 1
2. The PROPERTY OWNERS shall permit BYRD BROTHERS or its assigns,
successors, or agents to place on their PROPERTY dredging spoils and related materials
produced as a result of the performance of Phase One of the Project. It is further agreed
that, at the PROPERTY OWNERS request, the location of the spoil materials and the
final grade shall be in conformity with and as described and depicted in the grading plan
marked Exhibit 2 which is incorporated herein by reference and made a part hereof.
3. PROPERTY OWNERS shall permit this use of the Property for the
• complete duration of Phase One and PROPERTY OWNERS shall have the option of
continuing this Agreement for Phase Two and Phase Three of the Project, although it is
not known at the time of the execution of this Agreement if BYRD BROTHERS will
participate in additional Phases.
4. Except as further set out herein, the PROPERTY OWNERS shall permit
BYRD BROTHERS, its personnel, successors and assigns, state inspectors and other
necessary personnel the right of entry upon the property to perform, conduct and
implement the Project Plan. Access to the property shall be limited to those individuals
or groups identified by BYRD BROTHERS as set forth in Exhibit 3. A list of
authorized personnel shall be maintained by BYRD BROTHERS. BYRD
BROTHERS may modify the list in its discretion but shall notify the PROPERTY
OWNERS weekly of any additions or deletions thereto or therefrom. (The initial version
of Exhibit 3 is attached hereto, incorporated herein by reference and made a part hereof).
All others shall be considered to be trespassers regardless of the point of entry.
5. Enforcement and control of access shall be vested in BYRD BROTHERS.
This shall not operate to preclude the PROPERTY OWNERS and their invitees from
access to the site. BYRD BROTHERS may erect such fences and protective barriers,
markers and signs as they deem necessary to identify the job site and to restrict access
thereto. Control of access and the restrictions to the property shall commence at the
beginning of the execution of this Agreement, and continue for 60 days after completion
of all work as required or allowed herein.
0

6. PROPERTY OWNERS grant BYRD BROTHERS and authorized necessary
personnel access to the property via the unimproved driveway located upon the extreme
northern property boundary of 279 Hillcrest Drive. BYRD BROTHERS agrees to
upgrade and maintain the road consistent with the type and volume of traffic, and to
repair any damage created at the intersection of the un-improved road with the TOSS
road (Hillcrest) if required by TOSS.
7. BYRD BROTHERS may assign its rights granted in this Agreement to other
persons or entities to which assignment the PROPERTY OWNERS agree.
ENVIRONMENTAL CONDITIONS
1. All work performed by BYRD BROTHERS shall be in compliance with the
specific permit requirements and conditions as established by the Coastal Area
Management Act (CAMA) and all subsidiary agencies having jurisdiction over any part
of the operations to be conducted, including NCDENR departments of soil and water
quality.
2. The work to be performed hereunder shall include construction of berms and
the permanent placement of spoil materials dredged from the canals on the PROPERTY
OWNERS property.
3. TOSS established the requirements and specifications for the Project. TOSS is
the holder of the State permit approving the dredging plan. As permittee TOSS has the
joint and several responsibility for assuring the performance of the Project as required by
permit conditions and engineering specifications.
4. The PROPERTY OWNERS are relying upon the assurances, knowledge,
representations and expertise of BYRD BROTHERS and TOSS that the dredged
materials are suitable for placement upon their property, and their property is suitable to
receive same as a spoil disposal area.
It is further understood agreed that the PROPERTY OWNERS have no
independent knowledge of the content or constituent parts of the dredged materials
themselves. BYRD BROTHERS and/or TOSS shall defend, represent the interests of
and indemnify the property OWNERS in the event that any violation of the
Comprehensive Environmental Response Compensation and Liability Act of 1980, 32
USCA §§ 9601-9675 ( CERCLA), as amended by the Super Fund Amendments and
Reauthorization Act of 1986 (SARA) are alleged or action thereunder initiated.
INSURANCE REQUIREMENTS
4. BYRD BROTHERS agrees to provide PROPERTY OWNERS a
certificate of insurance listing the PROPERTY OWNERS as additional insured with the
coverage and limits as set forth on the Certificate of Liability Insurance, a copy of which
• 1
r?
is marked Exhibit 4 and attached hereto and made a part hereof by reference. Liability
insurance shall be maintained for the protection of the PROPERTY OWNERS during
their maximum period of liability or exposures resulting from the activities permitted
herein.
SITE CLOSURE.
1. Final grade will be subject to the approval of the PROPERTY OWNERS.
The grading shall be in accord with the Grading Plan marked Exhibit 2 which is attached
hereto and incorporated herein by reference.
2. Upon satisfactory completion of grading, the Property will be seeded with
seasonal grasses and a minimum coverage of at least 80% maintained through two
complete growing seasons.
3. Improvements to the access road made by BYRD BROTHERS, at the
discretion of the PROPERTY OWNERS may be retained or reclaimed. Any fill,
grading, or changes made to the access road shall be done in a manner to prevent
diverting water from the TOSS road onto PROPERTY OWNERS property.
INDEMNITY
1. BYRD BROTHERS shall indemnify and hold harmless the PROPERTY
OWNERS from loss for claims, damages, and expenses arising out of or resulting from
performance of BYRD BROTHERS work on the Project, whether such claims, losses,
damages or expenses are a direct, indirect or consequence of the performance of the acts
as allowed or contemplated herein.
2. It is specifically agreed and within the contemplation of the parties and as part
of the bargained for valuable consideration in support of this Agreement that BYRD
BROTHERS will defend or cause to be defended any action brought by any and all third
parties against the PROPERTY OWNERS, their agents or assigns resulting from their
entering into, performing or exercising rights in accord herewith.
ARTICLE II
MISCELLANEOUS PROVISIONS
The provisions of Article I notwithstanding, the provision of Article II, shall
take precedence in the event of a conflict or ambiguity.
1. BYRD BROTHERS and the Town of Southern Shores warrant that all
required permits have been applied for, granted or will soon be applied for
2. Use of the PROPERTY OWNERS property for Phase Two and/or Phase
•
4
?L'
• Three is not contemplated herein. As such, the PROPERTY OWNERS participation in
Phase two and/or Phase Three is a subject of future negotiations. Any future participation
will be dependent upon reaching satisfactory Agreement as to compensation and all
insurance and other indemnifications as set forth herein and any Exhibits. All other
conditions and obligations appertaining to Phase One would apply to Phases Two and/or
Three.
3. BYRD BROTHERS and TOSS shall not unilaterally make changes to any
requirements and/or conditions of this agreement, including those required by any State
Agency without the consent of the PROPERTY OWNERS.
4. BYRD BROTHERS shall exercise extreme care to protect the tress and other
growth as depicted in the engineering drawings in Exhibit 1.
5. BYRD BROTHERS in cooperation with TOSS shall promptly respond
appropriately to any inquiries, threats, written or verbal, and shall make a good faith
effort to resolve then without harm or any expense to the PROPERTY OWNERS.
6. BYRD BROTHERS shall make reasonable efforts to minimize or reduce any
stench from decaying matter produced by dredging and deposited on the property.
7. A lockable gate shall be installed at the intersection of the access road and the
TOSS/Hillcrest Drive right of way The gate shall be closed and locked unless it is
needed for ingress or egress by BYRD BROTHERS or their authorized personnel.
8. BYRD BROTHERS shall provide trash and refuse containers and the work
area shall be cleaned up daily. The work area shall be maintained in as neat and orderly
manner as nearly as possible.
9. Portable Toilets are required and shall be placed out of the public's view.
10. Nails, placards or signs shall not be attached to any tree or shrub on owner's
land. Only those areas indicated in the Project Plan drawings may be used by BYRD
BROTHERS and TOSS. All other areas are reserved for the Owner's use.
11. The PROPERTY OWNERS, TOSS and BYRD BROTHERS shall
execute/approve final grading plan as depicted in Exhibit 2.
12. PROPERTY OWNERS shall be provided an opportunity to review the
modified final contract and Project Drawings and specifications between BYRD
BROTHERS and the TOSS.
13. One of the PROPERTY OWNERS house, is located at 283 Hillcrest Drive,
Southern Shores. That house is in a summer rental program between May 30, 2010 and
September 5, 2010. BYRD BROTHERS agrees not to engage in any activities that
C]
P?
4t
• would serve to interfere with any rights to quiet and peaceable enjoyment of the premises
by renters without the said PROPERTY OWNERS consent. BYRD BROTHERS
shall reimburse the PROPERTY OWNERS for any loss of RENTAL income resulting
from the use of the property in accord with this agreement.
14. This Agreement may be terminated or cancelled upon written agreement
between the PROPERTY OWNERS and BYRD BROTHERS. In such event no
compensation paid to or on behalf of the PROPERTY OWNERS shall be demanded or
paid.
15. This Agreement shall be effective upon execution and when all Exhibits m
are prepared, available and initrialed. Execution shall be when both BYRD
BROTHERS and PROPERTY OWNERS sign and date same along with any available
attachments and the payment of compensation as agreed upon to the PROPERTY
OWNERS has been made.
This Agreement shall terminate on April 30, 2011 However, the PROPERTY
OWNERS may extend the end/completion date if caused by weather or other
circumstances over which BYRD BROTHERS has no control. Said extensions shall not
be granted for any situation resulting from the performance of any other Phase without
prior, written from TOSS and written approval from Owners.
• 16. This Agreement shall terminate regardless of the status should BYRD
BROTHERS and/or TOSS be found in violation of any permit requirement and not
notify the PROPERTY OWNERS verbally within 48 hours and in writing within the
time as specified for the abatement of the violation and of the plan to remedy same.
Notification to the PROPERTY OWNERS shall be the duty of BYRD BROTHERS
and TOSS. In the event that BYRD BROTHERS and/or TOSS fail to notify the
PROPERTY OWNERS as required herein the PROPERTY OWNERS may avail
themselves of any action, legal or equitable, that are available to protect their interests.
17. Upon default by BYRD BROTHERS, all terms and conditions as to
reclamation, site remediation as set forth herein shall apply, including grading, road
reclamation and re-vegetation.
18. BYRD BROTHERS shall cause a completion bond to be issued in a sum
sufficient to cover all expenses for the performance of non-completed close out,
including clean-up, grading, seeding and to partially compensate PROPERTY
OWNERS for their good faith reliance in the event of default. The completion bond
shall be in an amount of at least $50,000.00.
19. No action shall be taken that will disturb or alter the areas approved for a
septic field as identified by a permit issued by the Dare County health Department. Said
permit is marked Exhibit 5, which is attached hereto and made a part hereof.

•
20. Upon completion of all obligations and duties as required herein The Town
of Southern Shores shall abandon all right, claim or ownership interest in the dredged
materials. Absolute title to same shall be vested in the PROPERTY OWNERS, their
heirs, successors and assigns. It is understood that reclamation of the site will
necessarily involve the mixture and consolidation of the dredged materials with the
soil of the PROPERTY OWNER so as to make them indistinguishable and not
susceptible to separation.
21 Movement of spoils, equipment or the placement of pipe across the southern
most boundary of the Owner's property located at 279 Hillcrest and the Northern most
boundary of 283 Hillcrest shall not be done without the written permission of the
respective PROPERTY OWNERS.
22 The PROPERTY OWNERS shall determine the maximum quantity of
dredged materials to remain on their property from any phase. The PROPERTY
OWNERS will advise BYRD BROTHERS of any anticipated excess to the degree
possible prior to the placement of same upon their property. BYRD BROTHERS agrees
to remove any excess without cost to the Owners.
• 23. BYRD BROTHERS agrees that the PROPERTY OWNERS may obtain a
policy of legal insurance, i.e.-prepaid legal services, and pay the premiums of same from
funds that are currently held in escrow with David B. Parks. Any such policy may, in
the discretion of the PROPERTY OWNERS, be kept in full force and effect for a period
of five (5) years form the date of execution of this Agreement. Sufficient funds for the
payment of the premiums shall be retained by the said attorney in an amount to satisfy
the requirements hereof.
24. Should an agreements be reached between BYRD BROTHERS andle -
T4)5&-with any other property owner(s )on Hillcrest Drive that is based upon this
Agreement and this yields more compensation for agreed upon herein then PROPERTY
OWNERS shall be paid an additional amount equal to the difference.
25. This Agreement may be reproduced or copied. Any reproduction or copy of
same shall be given the same legal force and effect as an executed original
This Agreement is dated May 28, 2010.
•
7

•
BYRD BROTHERS Emergency Services, LLC
?A4_z'? I (SEAL)
By Title #nvarty FoltYyO 82??-,?3
is
STATE OF NORTH CAROLINA
County of Dare, to wit
is
THIS DATE did personally appear before me the undersigned Notary, in my
State and County aforesaid, JOHN F. ECK and CAROL A. ECK, who are personally
known to me, and who subscribed to and acknowledged their execution of the foregoing
Agreement.
GIVEN UNDER my hand and Seal this 28th day of
SEAL/Stamp
???1>tt1111it(//f`1
x
? i
My commission expires: 6/04/14
8

?11'1'?2? (SEAL)
CAROL A. ECK, Property Owner

Filed Book: 1709 Page: 404 Doc Id: 6210074
11/28/2006 04:10PM Receipt •: 177200
Doc Code: DEED
• BARBARA M GRAY, REGISTER OF DEEDS DARE CO, NC
EXEMPT 1111 Jill 074
Pape: 1 7 of 2
1126/2006 04:10P
DARE COUNTY TAX
COLLECTOR \
NO.
Prepared by: \
MVARRANTY DEED
Da ewis,
This Deed is made on November , 2006, \
V
BETWEEN MICHAEL A. GEORGE and JANE A GEOR , H/W
whose address is 20 Beechnut Drive, Long Valley, New J s 53
referred to as the Grantor,
AND MICHAEL A. GEORGE JANET A. ORGE - Trustees of the "Michael
and Janet George Revocab T "U/ ebruary 9, 2006
whose post office address is c/o 20 Beechnut D 've, Long Valley, New Jersey 07853
referred to as the Grantee.
The words "Grantor" and "Grantee" shall mean all Gran s all Grantees listed above.
• Transfer of Ownership. The Granto ant c eys (transfers ownership of) the property described
below to the Grantee. This transfer imade o th s f ero Dollars ($0.00).
The Grantor acknowledges receipt of this money.
Tax Map Reference. icip 11 o Southern Shores
Block 94 Lot 5 el No. 021410000
Property. The rt ons' s bf4hc I d and all the buildings and structures on the land in the Town of
Southern Shores, To ip t tic, ty of Dare and State of North Carolina. The legal description is:
BEING known and i of 5, ck 94 as shown on that certain map or plat entitled "Soundside Block
94, Southern Shore y aw Company, Owner, Kitty Hawk, North Carolina" dated June 1965, prepared
by P. F. Crank, Jr., Re i to Land eyor, and recorded in Book 2 at Page 268 in the Public Registry of Dare
County, North Carol' .
BEING more co only o n as 283 Hillcrest Drive, Southern Shores, North Carolina.
BEING the same r ise0eenn eyed to Grantors herein from Jeffrey. M. and Trudy M. Breed, H/W by Deed dated
March 4, 2Q2?n cor March 5, 2002 in Book 1417 at Page 380 in the Public Registry of Dare County,
North Ca lira- \
u t1 %t d to hold the above described lands and premises together with all the privileges and appurtenances
e n ' g unto the said parties of the second part, their heirs and assigns, in fee simple forever.
AND the aid' acties of the first part, for themselves and their heirs, administrators, executors and assigns, covenant
to and with said parties of the second part, their heirs and assigns, that they are seized of said lands in fee, that
• they have a g od right to convey the same in fee simple; that the same are free and clear of all encumbrances
w soev c ceps as otherwise set forth herein; and that they will forever warrant and defend the title to the same
ag ' st th laims of all persons whomsoever.
•
1111111111111111111111111111111111111111111111111111111 Page: 27,,2006 04:10P
•
Promises by Grantor. The Grantor promises that the Grantor has don o act t
This promise is called a "covenant as to grantor's acts". This promise m at the C
anyone else to obtain any legal rights which affect the property (such as by a .
judgment to be entered against the Grantor).
Signatures. The Grantor signs this Deed as of the date at the t f the fir t age.
Witnessed by:
Signature of Notary Public
Signature of Notary Public
STATE OF NEW JERSEY
COUNTY OF MORRIS
I CERTIFY that on November
person):
(a) was the maker o
(b) executed this e
(c).m4de thj;?, Deed
Dated: November 1 2006
•
H/W
TO
as

I"
Dermot e property.
has not allowed
;e or allowing a
L Q?
JA)) T A. GEORGE
and JANET A. GEORGE, H/W
ed to my satisfaction that this person (or if more than one, each
; and
actual consideration paid or to be paid for the transfer of title.
_\__0
RRw
AEL and JANET GEORGE
REVOCABLE TRUST
Grantor,
Record and return to:
David A. Lewis, Esq.
52 Maple Avenue, l" Floor
Morristown, New Jersey 07960
Grantee.
•
LICENSE AND INDEMNITY AGREEMENT
THIS AGREEMENT between MICHAEL A. GEORGE and JANET A.
GEORGE, Husband and Wife (hereinafter may be identified as "PROPERTY
OWNERS" and BYRD BROTHERS EMERGENCY SERVICES, LLC, a Limited
Liability Corporation organized and existing under the laws of the State of North
Carolina (may be referred to hereinafter as "BYRD BROTHERS" and the Town of
Southern Shores, North Carolina (may be referred to hereinafter as "TOSS").
WHEREAS TOSS is a body corporate and politic existing under and pursuant to
the laws of the State of North Carolina,
WHEREAS, BYRD BROTHERS is a limited liability company with offices at
5164 Lamm Road, Wilson, North Carolina 27893 that has been engaged by Sampson
Contracting, Inc. to supervise and facilitate certain dredging operations within the
confines of the limits of the TOSS, and more particularly described in the site plan for
Canal Maintenance Dredging Project, Phase One Exhibit 1,( incorporated herein by
reference and made a part hereof), (hereinafter may be referred to as "the project").
WHEREAS, PROPERTY OWNERS, Michael A. George and Janet A. George,
are the owners of certain property located at 283 Hillcrest Drive Southern Shores, Dare
County, North Carolina and more particularly described as Lot 5, Block 94 as recorded in
• Deed Book 1709 at page 0404, Dare County Registry (the "PROPERTY").
WHEREAS, BYRD BROTHERS desires to use OWNER'S PROPERTY upon
which to permanently place dredging spoils and other materials generated in connection
with the Project, thereby on their behalf and on behalf of all other entities, corporate and
politic, in accord with, and associated or allied with them, and not objecting thereto, and
to invest ownership of the spoils so placed in the said owners, their successors, heirs and
assigns, absolutely.
WHEREAS, the PROPERTY OWNERS agree to grant permission to BYRD
BROTHERS to come upon that portion of the PROPERTY OWNERS property
designated for the project and do all things reasonably necessary in preparation for the
dredging of the canals and generating spoils. Thereafter spoil produced during the
performance of Phase One of the Project may be permanently placed and deposited on
said property in accord with the site plan. The dredging spoils shall consist of sand and
other such materials and placed at the direction of BYRD BROTHERS or as further
provided for hereinafter.
WITNESSETH:
C
In consideration of BYRD BROTHERS being allowed to permanently deposit
dredging spoils on said property, and in consideration of PROPERTY OWNERS
nw
• receiving dredging spoils and ancillary work that must be performed thereon, including
but not limited to grading, reclamation, grassing and seeding and the other mutual
promises, covenants and understandings as made between BYRD BROTHERS and
PROPERTY OWNERS, as set forth herein, and other good and valuable consideration,
the receipt and sufficiency which is hereby acknowledged, BYRD BROTHERS and the
PROPERTY OWNERS (hereinafter may be referred to as "the parties") agree as
follows:
ARTICLE I
PERMITTED ACTIVITIES
1. BYRD BROTHERS/TOSS may use those portions of the PROPERTY for
the conducting of the Project as depicted and set forth in more detail in Exhibit 1
2. The PROPERTY OWNERS shall permit BYRD BROTHERS or its assigns,
successors, or agents to place on their PROPERTY dredging spoils and related materials
produced as a result of the performance of Phase One of the Project. It is further agreed
that, at the PROPERTY OWNERS request, the location of the spoil materials and the
final grade shall be in conformity with and as described and depicted in the grading plan
marked Exhibit 2 which is incorporated herein by reference and made a part hereof.
3. PROPERTY OWNERS shall permit this use of the Property for the
complete duration of Phase One and PROPERTY OWNERS shall have the option of
• continuing this Agreement for Phase Two and Phase Three of the Project, although it is
not known at the time of the execution of this Agreement if BYRD BROTHERS will
participate in additional Phases.
4. Except as further set out herein, the PROPERTY OWNERS shall permit
BYRD BROTHERS, its personnel, successors and assigns, state inspectors and other
necessary personnel the right of entry upon the property to perform, conduct and
implement the Project Plan. Access to the property shall be limited to those individuals
or groups identified by BYRD.BROTHERS as set forth in Exhibit 3. A list of
authorized personnel shall be maintained by BYRD BROTHERS. BYRD
BROTHERS may modify the list in its discretion but shall notify the PROPERTY
OWNERS weekly of any additions or deletions thereto or therefrom. (The initial version
of Exhibit 3 is attached hereto, incorporated herein by reference and made a part hereof).
All others shall be considered to be trespassers regardless of the point of entry.
5. Enforcement and control of access shall be vested in BYRD BROTHERS.
This shall not operate to preclude the PROPERTY OWNERS and their invitees from
access to the site. BYRD BROTHERS may erect such fences and protective barriers,
markers and signs as they deem necessary to identify the job site and to restrict access
thereto. Control of access and the restrictions to the property shall commence at the
beginning of the execution of this Agreement, and continue for 60 days after completion
of all work as required or allowed herein.
0
2

6. PROPERTY OWNERS grant BYRD BROTHERS and authorized necessary
personnel access to the property via the unimproved driveway located upon the extreme
northern property boundary of 279 Hillcrest Drive. BYRD BROTHERS agrees to
upgrade and maintain the road consistent with the type and volume of traffic, and to
repair any damage created at the intersection of the un-improved road with the TOSS
road (Hillcrest) if required by TOSS.
7. BYRD BROTHERS may assign its rights granted in this Agreement to other
persons or entities to which assignment the PROPERTY OWNERS agree.
ENVIRONMENTAL CONDITIONS
1. All work performed by BYRD BROTHERS shall be in compliance with the
specific permit requirements and conditions as established by the Coastal Area
Management Act (CAMA) and all subsidiary agencies having jurisdiction over any part
of the operations to be conducted, including NCDENR departments of soil and water
qua?ity.
2. The work to be performed hereunder shall include construction of berms and
the permanent placement of spoil materials dredged from the canals on the PROPERTY
OWNERS property.
3. TOSS established the requirements and specifications for the Project. TOSS is
the holder of the State permit approving the dredging plan. As permittee TOSS has the
joint and several responsibility for assuring the performance of the Project as required by
permit conditions and engineering specifications.
4. The PROPERTY OWNERS are relying upon the assurances, knowledge,
representations and expertise of BYRD BROTHERS and TOSS that the dredged
materials are suitable for placement upon their property, and their property is suitable to
receive same as a spoil disposal area.
It is further understood agreed that the PROPERTY OWNERS have no
independent knowledge of the content or constituent parts of the dredged materials
themselves. BYRD BROTHERS and/or TOSS shall defend, represent the interests of
and indemnify the property OWNERS in the event that any violation of the
Comprehensive Environmental Response Compensation and Liability Act of 1980, 32
US CA § § 9601-9675 ( CERCLA), as amended by the Super Fund Amendments and
Reauthorization Act of 1986 (SARA) are alleged or action thereunder initiated.
INSURANCE REQUIREMENTS
4. BYRD BROTHERS agrees to provide PROPERTY OWNERS a
certificate of insurance listing the PROPERTY OWNERS as additional insured with the
coverage and limits as set forth on the Certificate of Liability Insurance, a copy of which
3
• is marked Exhibit 4 and attached hereto and made a part hereof by reference. Liability
insurance shall be maintained for the protection of the PROPERTY OWNERS during
their maximum period of liability or exposures resulting from the activities permitted
herein.
SITE CLOSURE.
1. Final grade will be subject to the approval of the PROPERTY OWNERS.
The grading shall be in accord with the Grading Plan marked Exhibit 2 which is attached
hereto and incorporated herein by reference.
2. Upon satisfactory completion of grading, the Property will be seeded with
seasonal grasses and a minimum coverage of at least 80% maintained through two
complete growing seasons.
3. Improvements to the access road made by BYRD BROTHERS, at the
discretion of the PROPERTY OWNERS may be retained or reclaimed. Any fill,
grading, or changes made to the access road shall be done in a manner to prevent
diverting water from the TOSS road onto PROPERTY OWNERS property.
INDEMNITY
1. BYRD BROTHERS shall indemnify and hold harmless the PROPERTY
OWNERS from loss for claims, damages, and expenses arising out of or resulting from
performance of BYRD BROTHERS work on the Project, whether such claims, losses,
damages or expenses are a direct, indirect or consequence of the performance of the acts
as allowed or contemplated herein.
2. It is specifically agreed and within the contemplation of the parties and as part
of the bargained for valuable consideration in support of this Agreement that BYRD
BROTHERS will defend or cause to be defended any action brought by any and all third
parties against the PROPERTY OWNERS, their agents or assigns resulting from their
entering into, performing or exercising rights in accord herewith.
ARTICLE II
MISCELLANEOUS PROVISIONS
The provisions of Article I notwithstanding, the provision of Article II, shall
take precedence in the event of a conflict or ambiguity.
1. BYRD BROTHERS and the Town of Southern Shores warrant that all
required permits have been applied for, granted or will soon be applied for
2. Use of the PROPERTY OWNERS property for Phase Two and/or Phase
•
4
1?41
• Three is not contemplated herein. As such, the PROPERTY OWNERS participation in
Phase two and/or Phase Three is a subject of future negotiations. Any future participation
will be dependent upon reaching satisfactory Agreement as to compensation and all
insurance and other indemnifications as set forth herein and any Exhibits. All other
conditions and obligations appertaining to Phase One would apply to Phases Two and/or
Three.
3. BYRD BROTHERS and TOSS shall not unilaterally make changes to any
requirements and/or conditions of this agreement, including those required by any State
Agency without the consent of the PROPERTY OWNERS.
4. BYRD BROTHERS shall exercise extreme care to protect the tress and other
growth as depicted in the engineering drawings in Exhibit 1.
5. BYRD BROTHERS in cooperation with TOSS shall promptly respond
appropriately to any inquiries, threats, written or verbal, and shall make a good faith
effort to resolve then without harm or any expense to the PROPERTY OWNERS.
6. BYRD BROTHERS shall make reasonable efforts to minimize or reduce any
stench from decaying matter produced by dredging and deposited on the property.
7. A lockable gate shall be installed at the intersection of the access road and the
TOSS/Hillcrest Drive right of way The gate shall be closed and locked unless it is
• needed for ingress or egress by BYRD BROTHERS or their authorized personnel.
8. BYRD BROTHERS shall provide trash and refuse containers and the work
area shall be cleaned up daily. The work area shall be maintained in as neat and orderly
manner as nearly as possible.
9. Portable Toilets are required and shall be placed out of the public's view.
10. Nails, placards or signs shall not be attached to any tree or shrub on owner's
land. Only those areas indicated in the Project Plan drawings may be used by BYRD
BROTHERS and TOSS. All other areas are reserved for the Owner's use.
11. The PROPERTY OWNERS, TOSS and BYRD BROTHERS shall
execute/approve final grading plan as depicted in Exhibit 2.
12. PROPERTY OWNERS shall be provided an opportunity to review the
modified final contract and Project Drawings and specifications between BYRD
BROTHERS and the TOSS.
13. One of the PROPERTY OWNERS house, is located at 283 Hillcrest Drive,
Southern Shores. That house is in a summer rental program between May 30, 2010 and
September 5, 2010. BYRD BROTHERS agrees not to engage in any activities that
•
5
?w
• would serve to interfere with any rights to quiet and peaceable enjoyment of the premises
by renters without the said PROPERTY OWNERS consent. BYRD BROTHERS
shall reimburse the PROPERTY OWNERS for any loss of RENTAL income resulting
from the use of the property in accord with this agreement.
14. This Agreement may be terminated or cancelled upon written agreement
between the PROPERTY OWNERS and BYRD BROTHERS. In such event no
compensation paid to or on behalf of the PROPERTY OWNERS shall be demanded or
paid.
15. This Agreement shall be effective upon execution and when all Exhibits m
are prepared, available and initrialed. Execution shall be when both BYRD
BROTHERS and PROPERTY OWNERS sign and date same along with any available
attachments and the payment of compensation as agreed upon to the PROPERTY
OWNERS has been made.
This Agreement shall terminate on April 30, 2011 However, the PROPERTY
OWNERS may extend the end/completion date if caused by weather or other
circumstances over which BYRD BROTHERS has no control. Said extensions shall not
be granted for any situation resulting from the performance of any other Phase without
prior, written from TOSS and written approval from Owners.
16. This Agreement shall terminate regardless of the status should BYRD
is BROTHERS and/or TOSS be found in violation of any permit requirement and not
notify the PROPERTY OWNERS verbally within 48 hours and in writing within the
time as specified for the abatement of the violation and of the plan to remedy same.
Notification to the PROPERTY OWNERS shall be the duty of BYRD BROTHERS
and TOSS. In the event that BYRD BROTHERS and/or TOSS fail to notify the
PROPERTY OWNERS as required herein the PROPERTY OWNERS may avail
themselves of any action, legal or equitable, that are available to protect their interests.
IT Upon default by BYRD BROTHERS, all terms and conditions as to
reclamation, site remediation as set forth herein shall apply, including grading, road
reclamation and re-vegetation.
18. BYRD BROTHERS shall cause a completion bond to be issued in a sum
sufficient to cover all expenses for the performance of non-completed close out,
including clean-up, grading, seeding and to partially compensate PROPERTY
OWNERS for their good faith reliance in the event of default. The completion bond
shall be in an amount of at least $50,000.00.
19. No action shall be taken that will disturb or alter the areas approved for a
septic field as identified by a permit issued by the Dare County health Department. Said
permit is marked Exhibit 5, which is attached hereto and made a part hereof.
•
6
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•
20. Upon completion of all obligations and duties as required herein The Town
of Southern Shores shall abandon all right, claim or ownership interest in the dredged
materials. Absolute title to same shall be vested in the PROPERTY OWNERS, their
heirs, successors and assigns. It is understood that reclamation of the site will
necessarily involve the mixture and consolidation of the dredged materials with the
soil of the PROPERTY OWNER so as to make them indistinguishable and not
susceptible to separation.
21 Movement of spoils, equipment or the placement of pipe across the southern
most boundary of the Owner's property located at 279 Hillcrest and the Northern most
boundary of 283 Hillcrest shall not be done without the written permission of the
respective PROPERTY OWNERS.
22 The PROPERTY OWNERS shall determine the maximum quantity of
dredged materials to remain on their property from any phase. The PROPERTY
OWNERS will advise BYRD BROTHERS of any anticipated excess to the degree
possible prior to the placement of same upon their property. BYRD BROTHERS agrees
to remove any excess without cost to the Owners.
23. BYRD BROTHERS agrees that the PROPERTY OWNERS may obtain a
is policy of legal insurance, i.e.-prepaid legal services, and pay the premiums of same from
funds that are currently held in escrow with David B. Parks. Any such policy may, in
the discretion of the PROPERTY OWNERS, be kept in full force and effect for a period
of five (5) years form the date of execution of this Agreement. Sufficient funds for the
payment of the premiums shall be retained by the said attorney in an amount to satisfy
the requirements hereof.
24. Should an agreemenVbe reached between BYRD BROTHERS and/of--- /t2ll?
TOSSrwittrany other property owner(s )on Hillcrest Drive that is based upon this
Agreement and this yields more compensation for agreed upon herein then PROPERTY 5?
OWNERS shall be paid an additional amount equal to the difference.
25. This Agreement may be reproduced or copied. Any reproduction or copy of
same shall be given the same legal force and effect as an executed original
This Agreement is dated May 28, 2010.
•
7

•
BYRD BROTHERS Emergency Services, LLC
(tom (SEAL)
By
Title If PMMAf
(SEAL)
MICHAEL A. GE R E, Property Owner
' (SEAL)
JAN A. GEOR , Prope Owner
STATE OF NORTH CAROLINA
County of Dare, to wit
C1
is
THIS DATE did personally appear before me the undersigned Nnotary, in my
State and County aforesaid, MICHAEL A. GEORGE and JANET A. GEORGE and
MARK S. Weirman who are personally known to me or who identified themselves to my
sati sfaction and who subscribed to and acknowledged their execution of the foregoing
Agreement.
GIVEN UNDER my hand and Seal this 28" 1
?\? p 6 ..A
WT4RV
W * * * 1gy commission expires
PUBLIC
1111160
8
6/04/14
Mw
Bt 4d Bathers
EMERGENCY SERVICES, L.L.C.
June 22, 2010
Mr. Peter Rascoe, Town Manager
Town of Southern Shores
5375 N. Virginia Dare Trail
Southern Shores, NC 27949
Re: Letter of Authorization
Canal Maintenance Dredging Project
Town of Southern Shores
Southern Shores, Dare County, North Carolina
Dear Mr. Rascoe;
Byrd Brother Emergency Services, L.L.C. (Byrd Brothers) gives the Town of Southern Shores
permission to apply for permits on properties in Southern Shores upon which Byrd Brothers has
License and Indemnity Agreements with the owners of property upon which the disposal of
spoils generated by the maintenance excavation of the access channel and canals are proposed to
be deposited.
Sincerely,
Bryd Brothers Emergency Services, L.L.C.
Byrd, Manager/Member

5164 Lamm Rd. I Wilson, NC 27893 1 www.byrdbrothers.com
T 252.293.4488 1 F 252.293.4490
Date
• Rowboat Dock & Dredge Company
Project Protocol for Monitoring Effluent Discharge
Phase 1, Canal Maintenance Dredging Project
Project Number: P98033.12
Town of Southern Shores, Dare County, NC
Dated: 24 June 2010
The following monitoring protocol will be utilized by Rowboat Dock & Dredge at the Hillcrest Disposal
Area Site to monitor the water quality associated with the effluent discharge from the Secondary
Settling/Polishing Basin into the canals of The Town of Southern Shores. The purpose of this effluent
monitoring plan is to insure that those works performed are conducted in compliance with 15A NCAC 02B
.0211, "Fresh Surface Water Quality Standards for Class C Waters", Section K. The purpose of this
protocol is to prevent a significant increase in turbidity outside the area of construction or construction-
related discharge. Increases such that the turbidity in the receiving waters is 50 NTU's or less in all rivers
not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25
NTU's or less in all saltwater and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not
considered significant.
Works will be further performed in accordance with North Carolina General Permit No. NCG520000
allowing discharge in-stream sand mining wastewater, associated storm water and similar wastewaters
under the National Pollutant Discharge Elimination System. Effluent is defined as "runoff" from sand
dredging operations and/or discharge from the retention pond(s). The discharge shall not cause an
instantaneous measurement of the turbidity of the receiving water to exceed:
10 NTU in streams, lakes and reservoirs designated as trout waters
25 NTU in all lakes, reservoirs and all salt waters
50 NTU in all other streams and surface waters.
If turbidity exceeds these levels as a result of background conditions, the discharge cannot cause any
increase in the turbidity of the receiving water. Sticks, leaves and other debris removed by dredging shall
not be returned to surface waters. There shall be no discharge of floating solids or visible foam in other
than trace amounts.
The Monitoring Plan is as follows:
1. Constituents to be monitored: pH
Turbidity
2. Documented Monitoring (Location and Frequency):
A. Prior to work start each day, one (1) background sample will be taken and
recorded prior to the start of dredging. This sample will be taken in the receiving
waters within five (5) feet of the downstream end of the discharge pipe leading
from the flashboard riser at the polishing pond.
B. Three (3) additional production water samples will be taken and recorded from the
same location during each day of active dredging. In the event that no dredging is
performed during a given 12-hour work period, no water quality samples will be
recorded.
C. The first of the three daily production water samples will be taken within the first
• 30 minutes after water is discharged from the polishing pond into the receiving
Page 1 of 2
Created on 6124/2010 11:07:00 AM
waters. This sample will be taken in the receiving waters within five (5) feet of the
downstream end of the discharge pipe leading from the flashboard riser at the
polishing pond.
D. The second of the three daily production samples will be taken and recorded
during the middle of the dredging day or a minimum of 4 hours and maximum of 6
hours after the first sample has been taken. This sample will be taken in the
receiving waters within five (5) feet of the downstream end of the discharge pipe
leading from the flashboard riser at the polishing pond.
E. The third of the three daily production samples will be taken and recorded within
30 minutes of the end of the dredging day when the dredge is secured for the
period. This sample will be taken in the receiving waters within five (5) feet of the
downstream end of the discharge pipe leading from the flashboard riser at the
polishing pond.
F. In the event that weather, mechanical or other delays preclude meaningful
production during a normal 12 hour work period, then such delays will be noted in
the monitoring record. In this event, samples applicable to the actual production
window will be taken and recorded.
G. The sampling location has been identified with an "A" on the attached drawing.
3. Un-documented Monitoring:
A. Throughout the project the Contractor will monitor the turbidity within the
Primary basin and Polishing pond in order to adjust the rate of polymer injection
at the flocking station.
B. Samples will also be taken at any time a substantial change in turbidity or color is
observed in the receiving waters.
4. Sample Method: Grab Sample
5. Frequency of Reporting:
A. The discharge turbidity levels will be reported on a daily basis on the attached form.
An onsite log book will be maintained by the contractor and will be available for
review by the designated representative of the Town of Southern Shores. Using this
protocol, The Town, at its discretion, may perform additional sampling and quality
assurance monitoring, provided that such work does not interfere with those works
being performed by the Contractor.
Res ectfully submitted
l
Robert O. Wilson, President
• Rowboat Dock & Dredge
Page 2 of 2
Created on 6/24/2010 11:07:00 AM

Town of Southern Shores
Turbidity Report
Dredging Project 2010 - Phase 1
Contractor: Rowboat Dock & Dredge

Week starting on: Submitted by:

Date Sample
Number
Time
PH Turbidity
(PPM)
Notes
Back round
1
2
3
Back round
1
2
3
Back round
1
2
3
Back round
1
2
3
Back round
1
2
3
Back round
1
2
3
Back round
1
2
3
0
•
Rowboat Dock & Dredge Company
Project Protocol Booster Pump Monitoring
Phase 1, Canal Maintenance Dredging Project
Project Number: P98033.12
Town of Southern Shores, Dare County, NC
24 June 2010
In the event that a booster pump is required, the following booster pump monitoring plan will be utilized at the Loblolly
Marina Site during Phase I of the Canal Dredging Project.
If a booster pump is used, the following procedures will be implemented as part of the operation of the booster pump:
1. At all times during the operation of the booster pump an operator will be onsite monitoring the
operation/performance of the pump.
2. In addition to operating the booster pump, this employee will be responsible for monitoring the integrity of the
dredge pipeline and watching for any leaks or breaks that may occur.
3. If a leak or break is discovered in the pipeline, the employee will immediately shut down the dredging operation
• and affect the necessary repairs.
Respectfully submitted,
Robert O. Wilson, President
Rowboat Dock & Dredge
• Page 1 of 1
Created on 6/2412010 10:31:00 AM
• Rowboat Dock & Dredge Company
Project Protocol Evaluating a new Polymer
Phase 1, Canal Maintenance Dredging Project
Project Number: P98033.12
Town of Southern Shores, Dare County, NC
24 June 2010
If the project requires the evaluation of a polymer not yet approved by the NCDENR the
following protocol will be utilized to field test the unapproved polymer:
1. When a dosage of polymer is determined and work has begun, an Acute Toxicity
(pass/fail) Test using mysidopsis bahia or other organism, as approved by NCDENR
Toxicologist Cindy Moore, shall be conducted. Tests shall use the following dilutions:
100%, 75%, 50%, 25% and 12%. One (1) sample shall be taken immediately with three
(3) additional tests evenly spaced over the life of the project. All questions pertaining to
the toxicity test should be directed to Cindy Moore at [phone].
2. If there is a significant dosage change or a change in the polymer, then the initial test will
be taken again and the Town should communicate the time remaining in the work to the
Division of Water Quality personnel at the Washington Regional Office and the number
of additional tests shall be determined.
3. Records of polymer type and dosage will be maintained for inspection. Copies of these
test results will also be provided to the Town upon completion by the laboratory.
• Respectfully Submitted
Robert O. Wilson, President
Rowboat Dock & Dredge
•
Page I of I
Created on 6/24/2010 11:14:00 AM
NCDENR
North Carolina Department of Environment and Natural Resources
• Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 18, 2009
Mr. Charles B. Read, Town Manager
Town of Southern Shores
5375 N. Virginia Dare Trail
Southern Shores, NC 27949
Subject: Permit No. SW7090805
Town of Southern Shores, Phase 1 -
Canal Maintenance Dredging Project
Low Density Stormwater Project
Dear Mr. Read: Dare County
The Washington Regional Office received a complete Stormwater Management Permit
Application for Town of Southern Shores, Phase 1 - Canal Maintenance Dredging Project on
August 10, 2009. Staff review of the plans and specifications has determined that the project,
as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-211
and Title 15A NCAC 2H.1000. We are forwarding Permit No. SW7090805 dated August 18,
2009, for the construction of the subject project.
This permit shall be effective from the date of issuance until rescinded and shall be subject to
the conditions and limitations as specified therein, and does not supercede any other agency
permit that may be required.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have
the right to request an adjudicatory hearing upon written request within thirty (30) days
following receipt of this permit. This request must be in the form of a written petition,
conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of
Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-7447. Unless such demands
are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact either Samir Dumpor or me at [phone].
incerely,
Al od?e
Regional Supervisor
Surface Water Protection Section
Dare County Inspections
Division of Coastal Management
Washington Regional Office
• Central Files
AH/sd: S?VVQS\STORMWATER\PERMIT\SW7090805
cc: oe Anlauf, Quible & Associates, PC
North Carolina Division of Water Quality Internet: www.ncwaterauali y.(
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Natuwl&
State Stormwater Management Systems
Permit Number SW7090805
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
• DIVISION OF WATER QUALITY
STORMWATER MANAGEMENT PERMIT
LOW DENSITY DEVELOPMENT
In accordance with the provisions of Article 21 of Chapter 143, General Statutes of
North Carolina as amended, and other applicable Laws, Rules and Regulations
PERMISSION IS HEREBY GRANTED TO
Town of Southern Shores
Town of Southern Shores, Phase 1- Canal Maintenance Dredging Project
Dare County
FOR THE
construction, operation and maintenance of a low density development in compliance
with the provisions of Session Law 2008-211 and 15A NCAC 2H .1000 (hereafter
referred to as the "stormwater rules') and the approved stormwater management plans
and specifications, and other supporting data as attached and on file with and approved
by the Division of Water Quality and considered a part of this permit.
• The Permit shall be effective from the date of issuance until rescinded and shall be
subject to the following specific conditions and limitations:
1. DESIGN STANDARDS
This permit covers the construction of 126,196 square feet of temporary built-
upon area and 29,396 square feet of existing built-upon area, for a total of
155,592 square feet of built-upon area. The temporary built-upon area consists
mainly of gravel drives and reinforced membrane liner for spoil material
dewatering. All of the temporary built-upon area shall be removed after the
completion of dredging project.
2. The overall tract built-upon area percentage for the project must be maintained at
24%, as required by Session Law 2008-211 and Section 2H .1005 of the
stormwater rules.
3. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit and shall be
kept on file by the permittee at all times.
4. The only runoff conveyance systems allowed will be vegetated conveyances
such as swales with minimum side slopes of 3:1 (H:V) as defined in the
stormwater rules and approved by the Division.
5. No piping is allowed except that minimum amount necessary to direct runoff
• beneath an impervious surface such as a road or to provide access.
6. The built-upon areas associated with this project shall be located at least 50 feet
landward of all perennial and intermittent streams or other surface waters.
Page 2 of 5
Mate Stormwater Management Systems
Permit Number SW7090805
7. Roof drains must terminate at least 50 foot from the Mean High Water line.
II. SCHEDULE OF COMPLIANCE
1. The permittee is responsible for verifying that the proposed built-upon area does
not exceed the allowable built-upon area.
2. The Director may notify the permittee when the permitted site does not meet one
or more of the minimum requirements of the permit. Within the time frame
specified in the notice, the permittee shall submit a written time schedule to the
Director for modifying the site to meet minimum requirements. The permittee
shall provide copies of revised plans and certification in writing to the Director
that the changes have been made.
3. This project may not be sold or subdivided in whole or in part without first
receiving a permit modification from the Division.
4. Prior to the subdivision and/or sale of this project, in whole or in part, the
following deed restrictions must be recorded with the Office of the Register of
Deeds:
a. The following covenants are intended to ensure ongoing compliance with
State Stormwater Management Permit Number $W7090805, as issued by
the Division of Water Quality under NCAC 2H.1000.
b. The State of North Carolina is made a beneficiary of these covenants to
the extent necessary to maintain compliance with the Stormwater
Management Permit.
C. These covenants are to run with the land and be binding on all persons

d and parties claiming under them.
The c
n
t
e
t
i
in
, ove
an
s p
r
a
n
g to stormwater may not be altered or rescinded
without the express written consent of the State of North Carolina, Division
of Water Quality.
e. Alteration of the drainage as shown on the approved plans may not take
place without the concurrence of the Division of Water Quality.
f. This project is permitted for a maximum of 152,592 square feet of
temporary built-upon. area. Construction of additional built-upon area in
excess of this amount will require a permit i-nodification.
g. This project may not be sold or subdivided, in whole or in part, without first
receiving a permit modification from the Division.r
h. Construction of additional impervious areas such that low-density
requirements are no longer met will require a permit modification prior to
construction. An engineered system will be required to collect and treat
the runoff from all built-upon area associated with the project, including
that area permitted under the low density option.
i. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with this development, except for average driveway crossings,
is strictly prohibited by any persons.
j. The built-upon areas shall be located a minimum of 50 feet landward of all
perennial and intermittent surface waters.
5. A co py of the recorded restrictions must be received in this Office within 30 days
of the date of sale.
• 6. Filling in or piping of any vegetative conveyances (ditches, swales, etc.)
associated with the permitted development, except for average driveway
crossings, is strictly prohibited by any persons.
Page 3 of 5
State Stormwater Management Systems
Permit Number SW7090805
7. Projects within DCM's Area of Environmental Concern (AEC) are subject to a
reduction of the permitted amount of built-upon area due to CAMA jurisdiction
within the AEC. The most restrictive of the two numbers shall be considered the
maximum BUA.
8. The permittee shall submit to the Director and shall have received approval for
revised plans, specifications, and calculations prior to construction, for any
modification to the approved plans, including, but not limited to, those listed
below:
a. Any revision to the approved plans, regardless of size.
b. Project name change.
C. Transfer of ownership.
d. Redesign or addition to the approved amount of built-upon area.
e. Further subdivision, acquisition, or sale of the project area in whole or in
part. The project area is defined as all property owned by the permittee,
for which Sedimentation and Erosion Control Plan approval was sought.
f. Filling in, altering or piping any vegetative conveyance shown on the
approved plan.
9 Swales and other vegetated conveyances shall be constructed in their entirety,
vegetated, and be operational for their intended use prior to the construction of
any built-upon surface.
10 During construction, erosion shall be kept to a minimum and any eroded areas of
the swales or other vegetated conveyances will be repaired immediately.
11 The permittee shall at all times provide the operation and maintenance
• necessary to operate the permitted stormwater management systems at optimum
efficiency to include:
a. Inspections
b Sediment removal.
C. Mowing, and re-vegetating of the side slopes.
d. Immediate repair of eroded areas.
e. Maintenance of side slopes in accordance with approved plans and
specifications.
12. Within 30 days of completion of the project, the permittee shall certify in writing
that the project has been constructed in accordance with the approved plans.
13. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written information request.
III. GENERAL CONDITIONS
1. This permit is not transferable to any person or entity except after notice to and
approval by the Director. The Director may require modification or revocation and
re-issuance of the permit to change the name and incorporate such other
requirements as may be necessary. In the event of a name or ownership
change, a completed Name/Ownership Change form, signed by both parties,
must be submitted to the Division of Water Quality accompanied by the
supporting documentation as listed on page 2 of the form. The approval of this
• request will be considered on its merits, and may or may not be approved.
2. The permittee is responsible for compliance with all permit conditions until the
Director approves a transfer of ownership. Neither the sale of the project nor the
Page 4 of 5
State Stormwater Management Systems
Permit Number SW7090805
transfer of common areas to a third party, such as a homeowner's association,
constitutes an approved transfer of the stormwater permit.
3. Failure to abide by the conditions and limitations contained in this permit may
subject the Permittee to an enforcement action by the Division of Water Quality,
in accordance with North Carolina General Statutes 143-215.6A to 143-215.6C.
4. The issuance of this permit does not prohibit the Director from reopening and
modifying the permit, revoking and reissuing the permit, or terminating the permit
as allowed by the laws, rules, and regulations contained in Session Law 2008-
211 and Title 15A NCAC 2H.1000 of the North Carolina Administrative Code,
Subchapter 2H.1000; and North Carolina General Statute 143-215.1 et. al.
5. In the event that the facilities fail to perform satisfactorily, including the creation of
nuisance conditions, the Permittee shall take immediate corrective action,
including those as may be required by the Division, such as the construction of
additional or replacement stormwater management systems.
6. The permittee grants permission to DENR Staff to enter the property during
normal business hours, for the purpose of inspecting all components of the
stormwater management facility.
7. The permit issued shall continue in force and effect until revoked or terminated.
The permit may be modified, revoked and reissued or terminated for cause. The
filing of a request for. a permit modification, revocation and re-issuance, or
termination does not stay any permit condition.
8. Unless specified elsewhere, permanent seeding requirements for the swales
must follow the guidelines established in the North Carolina Erosion and
Sediment Control Planning and Design Manual.
9. Approved plans and specifications for this project are incorporated by reference
and are enforceable parts of the permit.
10. The issuance of this permit does not preclude the Permittee from complying with
any and x111 statutes, rules, regulations, or ordinances, which may be imposed by
other government agencies (local, state and federal), which have jurisdiction.
11. The permittee shall notify the Division in writing of any name, ownership or
mailing address changes at least 30 days prior to making such changes.
Permit issued this the 18th day of August, 2009
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
1
- --------------------------- for
Colleen H. Sullins, Director
Division of Water Quality
By Authority of the Environmental Management Commission
Permit No. SW7090805
•
Page 5 of 5