20011269 Ver 2_Other Agency Comments_20130722

Permit Class O k _ 1 �° V Permit Number
MODIFICATION/MAJOR 123 -01
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
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Coastal Resources Commission --- --
errr�f i JUL 2 2 2013
for w° NR - �� in.
X Major Development in an Area of Environmental Concern afar Branch
pursuant to NCGS 113A -118
X Excavation and/or filling pursuant to NCGS 113 -229
Issued to Salty Shores Canal Owners Association, 112 Jerelyn Court, Newport, NC 28570
Authorizing development in Carteret County Salty Shores Canal, off Bogue Sound, SR
1249, Salty Shores S/D , as requested in the permittee's application dated 4/23/13 (VIP -1). and
4/1/13 (MP-2), including the attached workplan drawing (3), 1 dated 2/28/13 and 2 dated 3/28/13.
This permit, issued on July 16, 2013 , 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.
Excavation
1) Unless specifically altered herein, the dimensions of the area to be excavated shall not exceed the
area that is expressly and specifically set forth in the attached permit application and workplan
drawings. Any proposal to change the area to be excavated shall require permit modification.
2) Excavation shall not exceed -4 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
(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, 2016
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 C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Salty Shores Canal Owners Association Permit # 123 -01
Page 2 of 3
ADDITIONAL CONDITIONS
3) In order to protect juvenile shrimp and finfish populations, no excavation or in water work shall be
permitted between April 1 and September 30 of any year be used without the prior approval of the
Division of Coastal Management, in consultation with the Division of Marine Fisheries.
Spoil Disposal
4) The spoil area shall be inspected and approved by the Division of Coastal Management prior to the
beginning of any dredge activities.
5) The temporary placement or double handling of excavated materials within waters or vegetated wetlands
is not authorized.
6), All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
7) In order to satisfy concerns of the Department of Transportation, the permittee shall be required make
pavement repairs to SR -1249 and SR -1281 if the spoil disposal operation results in pavement failures. If
there is any existing pavement failures the applicant will not be required to repair them, only new ones if
they appear during the spoil disposal operation.
8) The permittee shall immediately remove any spoil material that inadvertently falls onto state maintained
roadways during loading of the dump trucks or falls from the back of the dump trucks onto the
roadways. If this material accumulates in the ditches the applicant shall also be required to retrieve such
material.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan may be required for this project. This plan shall 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, 127
Cardinal Drive Extension, Wilmington, NC 28405.
9) 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.).
10) All disturbed areas shall be properly graded and provided a ground cover sufficient to restrain erosion
within thirty days of project completion.

Salty Shores Canal Owners Association Permit # 123 -01
Page 3 of 3
ADDITIONAL CONDITIONS
Maintenance Clause
11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation activities authorized by this permit and that notification include:
A. The number of the original permit;
B. A statement that no dimensional changes are proposed;
C. A copy of the original permit plan(s) with cross - hatching indicating the area to be maintained
and the area to be used for dredge spoil, and the estimated amount of material to be removed;
D. The date of plan revision and the permittee's signature shown anew on the original plan.
General
12) No Coastal Wetlands shall be excavated or filled.
13) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation.
14) This major modification shall be attached to the original Permit No. 123 -01, which was issued on
10 /11 /01, as well as all subsequent modifications, refinements and renewals, and copies of all
documents shall be readily available on site when Division personnel inspect the project for compliance.
15) All conditions and stipulations of the active permit remain in force under this major modification unless
specifically altered herein.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (252) 808 -2808 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 high water level.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
2001 1269 V2.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW 2001- 01184.