20071809 Ver 5_DCM Permit_20240201

Permit Class Permit Number
NEW17-24
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Southern Shores, 5375 N. Virginia Dare Trail, Kitty Hawk, NC 27949
Authorizing development in Dare County at the mouth of Jean Guite Creek, and adjacent
to Currituck Sound, submitted electronically (PA-1106) on 8/8/23,
including the attached workplan drawings (4), Sheets 1-4 of 4 dated 8/17/23.
This permit, issued on February 1, 2024 , 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.

Relocation of Navigational Aids
1) Unless specifically altered herein, this permit authorizes the relocation of 4 day marker type
navigational aids, all as expressly and specifically set forth in the attached permit application and
workplan drawings. \[07H .0208(a)(1)\]

2) The navigational aids shall conform with any and all appropriate regulations governing such
structures, including but not limited to marking and lighting requirements of the N.C. Wildlife
Resources Commission and/or the U.S. Coast Guard. \[07H .0208(a)(2)(G)\]

(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission.

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
For Tancred Miller, Director
hereunder requires further Division approval.
Division of Coastal Management

All work must cease when the permit expires on
This permit and its conditions are hereby accepted.

February 1, 2029

In issuing this permit, the State of North Carolina agrees that

your project is consistent with the North Carolina Coastal

Management Program.
Signature of Permittee

Town of Southern Shores Permit No. 17-24
Page 2 of 3
ADDITIONAL CONDITIONS
3) This permit does not authorize any dredging in association with the authorized relocation of navigational
aids. \[07J .0202(c)\]

4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work. \[07H .0208(a)(2)(G)\]

5) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings. \[07H
.0208(a)(2)(G)\]

6) The permittee is advised that submerged aquatic vegetation (SAV) habitat exists in close proximity to
the authorized project. All available precautions shall be utilized to ensure that damage to SAV habitat
does not result from the construction and/or operation of the authorized facilities. Should dredging of
these areas be proposed in the future, the permittee is further advised that the Rules of the Coastal
Resources Commission prohibit new dredging within SAV beds. \[07H .0208(a)(2)(A)\]
Sedimentation and Erosion Control

7) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters. \[07H .0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208\]

8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. \[07H
.0209(d)(4); G.S. 113A-102(a); 07H .0207; 07H .0208\]

USACE Conditions \[G.S. 113-229(a); G.S. 113A-107(a)\]

9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.
General

10) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed. \[07H .0208(a)(2)(B)\]

11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management. \[07J .0406(b)\]
12) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location. \[07J
.0209(a); G.S. 113A-120(b)\]

Town of Southern Shores Permit No. 17-24
Page 3 of 3
ADDITIONAL CONDITIONS

13) The permittee and/or their contractor shall meet with a representative of the Division prior to project
initiation. \[07J .0209(a)\]
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: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-02215).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4501 and assigned the project DWR Project No. 20071809v5.
NOTE:
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination.
NOTE: An application processing fee of $400 was received by DCM for this project.