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Home My WebLink About20071809 Ver 4_DCM Permit_20120326Permit Class MODIFICATIONIMAJOR STATE OF NO 'TH CAR!('_,INA Depart_:Zent of Environment and i"atural Resources a:d Coastal Resources Commission_ tt ILJ for X Major Developmert, in an Area of Environmental Concern pursuant to NCGS 113A -118 X Excavation and /or filling pursuant to NCGS 113 -229 Permit Number 95 -09 Issued to Town of Southern Shores, 5375 North Virginia Dare Trail, Southern Shores, NC 27949 Authorizing development in Dare /Currituck County at man -made canal and Jean Quite Creek, Town of Southern Shores, as requested in the permittee's application dated 10/12/11 (MP -1 & MP -3) and 11/23/11 (MP -2), including the attached workplan drawings (3), Sheet 1 & 2 dtd rev'd 11/7/11 and Sheet 3 dtd rev'd 10/14/11 This permit, issued on March 26, 2012 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. Maintenance Excavation 1) In order to protect juvenile finfish resources, no excavation shall be permitted between February 15 and September 30 of any year without prior approval of the NC Division of Coastal Management in consultation with the NC Wildlife Resources Commission and the US Army Corps of Engineers. 2) No excavation shall take place outside the area indicated on the attached workplan drawings. 3) Excavation shall not exceed the depths indicated on the attached workplan drawings.. In no case shall the depth of excavation exceed the depth of the connecting waters. 4) The temporary placement of double handling of excavated materials within waters or vegetated wetlands is not authorized. (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, 2015 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. Braxton V. bavis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Southern Shores Permit #93 -09 Page 2 of 3 ADIOPTOXA- 4- 5> i'- Lurbldity curtain small be placed in the loci io s dcpicted or_ t'_ e attacl-11cd Nvorkplan drawings, and a 24 hcur period after completion of excavatior sl).a1 eL_,)se prior to rlc � oval of the c_irtain to prevent unn-,-essary siltatio 1 into the adjacent v,-,rer to {' Z ,R} 61. Prior to initiating construction activities, the permittee will provide a copy of all completed submerged aquatic vegetation (SAV) surveys to the US Army Corps of Engineers. Spoil Disposal 7) All excavated materials shall be confined above normal water level and landward of regularly or irregularly flooded wetlands behind adequate dikes or other retaining structures to prevent spillover of solids into any wetlands or surrounding waters. 8) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the initiation of any dredge activities. 9) No spoil material shall be placed within 30 feet of the normal water line. Sedimentation and Erosion Control 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence, diversion swales or berms, etc.). 11) A ground cover sufficient to restrain erosion shall be provided for all disturbed areas within 30 calendar days of project completion. General 12) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 13) 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. 14) This major modification shall be attached to the original of Permit No. 95 -09, which was issued by Settlement Agreement on 7/7/09 the minor modifications issued on 12/21/09 and 9/21/10, and copies of all documents shall be readily available on site when Division personnel inspect the project for compliance. *F� n :,±±^t^.�r'.4 S� R�� . �:: =.iahh , , Yrx✓zY'z.< . . ,-, xt:a^.^M"'t 3. r. <. r .. �.. . r } .. ., i {- .�C^.r� bY.y . P. r a, . .., ri'd, -o.M : P. F L .. >. 4^}'ti✓, -r,.. � Gw^L ' >'{ r2' .:.^i. ='mss,, Y T ?wn of Southern Sliores Permit #95-09 Pabe 3 of 3 ¢ f I'D -I - -' -AL CO" D11101INS s. '6 ✓�l y } i " j :� f y rr �r ya r J AL. c _.{i t o s a ld st l _at_c i oft _c act,- ve per__ _� rc.: ain i ; orc; t.: Lr is .r. —nor moc.._�c,. on un spco fical' y alte ec hereir_. _I 0 TE: ?r.s uerm t doe, not -limir_a`e t_.� need t� o'_ -`air_ any ad�'itlonal st <te, f_!ti:.al cr local permits, approvals or authorizations trait may be required. a 19 -OTE: Future development of the per_mittee's property may require a modification of this permit. t Contact a representative of the Division at (252) 264 -3901 prior to the commencement of any such activity for this determination. NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No. 07 -1809 V4. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW -2011 -02365 which was issued on 3/19/12.