20090426 Ver 1_DCM Permit_20090602

Permit Class Qt _ Permit Number
NEW 1 71-09
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and E E P: M.
F11,
Coastal Resources Commission V
ikrmit JUN :3 2009
DENR - WATER QUALITY
for WETLANDS AND STORMWAT.ER BRANCH
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of Caswell Beach, 1100 Caswell Beach rd., Caswell Beach, NC 28465
Authorizing development in Brunswick County at adj. Atlantic Ocean within Town limits,
, as requested in the permittee's application dated 3/3109 (MP-1) and 316109
(MP-3), including the workplan drawings (50), as referenced in condition No. 1 of this permit.
This permit, issued on May 29. 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.
1) Unless specifically altered herein, all development shall be carried out in compliance with the
following list of workplan drawings: sheets 1, C3-C9, C19, and C22-24, all dated 3/5/09, sheets CIA
dated revised 4/3/09, sheets C2, C20-C21, and C25-C26 dated 3/6/09, sheets C10-C15, c18, and Ml,
all dated received 4/6/09, sheet C16 dated 3/16/09, sheet C17 dated 3/3/09, sheets S 1-S 10, AE 1-AE8,
and E1-E6 all dated 3/9/09, and the attached AEC Hazard Notice dated 3/3/09.
(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 shall 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 shall cease when the permit expires on
December 31, 2011
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.
Q James H. e on, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Town of Caswell Beach
ADDITIONAL CONDITIONS
Ocean Hazard Area Development
Permit # 71-09
Page 2 of 4
2) Prior to the initiation of construction within the Ocean Hazard AEC, the permittee shall stake, and a
Division representative shall approve, the first line of stable, natural vegetation and the corresponding
small and large structure setbacks. In this case, the first line of stable natural vegetation is defined as the
vegetation line that existed prior to the onset of the most recent large-scale beach renourishment project.
These setback determinations shall replace those done at the time the permit application was processed
and approved. Construction shall begin within sixty days of this determination or the measurement is
void and shall be re-established. In the case of a major shoreline change within that period, a new
setback determination shall be required before construction begins.
3) All structures shall be located entirely landward of the appropriate small and/or large structure
development setback lines.
4) All structures authorized by this permit shall be relocated or dismantled when they become imminently
threatened by changes in shoreline configuration. A structure(s) shall be relocated or dismantled within
two (2) years of the time when it becomes imminently threatened, and in any case, upon its collapse or
subsidence. However, if natural shoreline recovery or beach re-nourishment takes place within two (2)
years of the time the structure becomes imminently threatened, so that the structure is no longer
imminently threatened, then it need not be relocated or dismantled at that time. This condition shall not
affect the permittee's right to seek authorization of temporary measures allowed under CRC rules.
Upland Development
5) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced project, including but not limited to all the
development of the Town of Caswell Beach Vacuum Sewer system, unless specifically altered herein by
conditions of this permit. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (910) 796-
7215 for this determination.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan shall 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.
6) In order to protect water quality, runoff from construction shall not visibly increase the amotint of
suspended sediments in adjacent waters.
7) 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.).
It

Town of Caswell Beach
Permit # 71-09
Page 3 of 4
ADDITIONAL CONDITIONS
Stormwater Management
8) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8090342, which was issued
on 4/8/09. Any violation of the permit approved by the DWQ shall be considered a violation of this
CAMA permit.
General
9) 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 shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural 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.
10) No Coastal Wetlands, or open water areas shall be excavated or filled, even temporarily.
11) This permit shall not be not be assigned, transferred, sold, or otherwise disposed of to a third party
without the written approval of the Division of Coastal Management.
12) All new or modified sewer lines or force mains located in close proximity to water lines shall comply
with the separation requirements as stated in the Public Water Supply Section Rules, Section 0906
(Relation of Water Mains to Sewers). Contact the Public Water Supply Section at [phone] for
more information.
13) In the event of a sewer overflow, the Division of Environmental Health, Shellfish Sanitation Section
shall be immediately notified so that appropriate shellfish closures and precautionary swimming
advisories may be issued.
NOTE: Bored sewer lines that lie beneath waterbodies present special concerns regarding water quality.
There is potential for adverse impacts to public health from the consumption of contaminated
shellfish, as well as swimming in contaminated waters. The permittee is encouraged to
implement all appropriate safeguards to minimize the likelihood of a breach within the collection
system.
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 any access permits
from the NC DOT.
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 high water level.
Town of Caswell Beach Permit # 71-09
Page 4 of 4
ADDITIONAL CONDITIONS
NOTE: The U.S. Army Corps of Engineers has authorized the proposed project under Nationwide Permit
No. 12 (COE Action Id. No. SAW-2009-959).