20071809 Ver 1_DCM Permit_20090716

Permit Class p
NEW i p g
;y Settlement Agreement) STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
,Permit
Permit Number
95-09
i).
for DENR - WATER QUAUTY
1`rBANDS AND ST0R?,1W%TER BRA.".+CH
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
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.
James . Gregson, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
w
Town of Southern Shores
ADDITIONAL CONDITIONS
Permit #95-09
Page 2 of 3
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 T 15A: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.
w-, MMLWO 010?Ni1 IIYO 'ON vwmw MW ALWW 3WO i31O16 Now=
s,-tR hiD ? aee-us Ob -w
oNU3nnns sans riNaNaewa =1? , ?ft?•'• ,. ?.?, «, 3.e
SNMNVw . sNUInsNOO . sNamNaNa ,®m a,,, y ?
' s ¦u ¢ i i
TEEM
.?, ajgini .? ,... ....y _. ?. ?- S' im Sg1IJ.71 w ?IYdm amawn
f
a
1?
14

z
us
O
to
SQa
X L Im
14d A 4
W?
SF
LL
V
F
y?p
F
r
F R
G' N h
Ng
X
n
^P,

C4
x
a?
N
N
I
X?•
X
?V

S

in
n
X
?V
J
9
Iz
sh
9hi
ajiM
a
€s
<?z
;ixF-
filil

A
Y i'T°Sk'W k ~r~
'L',
f r i\

~ n 5, '--qtr:'<~,
•9 n-a
~ is
r -i ~t ~~r~ ~
r' ~ ~ ~
k ~5;
~~~t.4 ~
.,>-f.
~ F'~`* a
_r. ,
a' 'S`°.
nr ' t

,x
F~~.

S

.
f:~
5-,. y~
~ ~ :?Yi :R~

I
F k~~ ~v. t F ~L ~t.~ 4rJ < -
,..K Say ± ~ a )n !
k
~rzl_
r~` ~ ~a

s
}y„' t.
r '''a "
r ? a
R
"i&
Yr. rAy nn-
r r
y.1(S. ~ ~ a
t~.
-0N
~~51'. ~~;.~r r k~ ~
~5

x~i? f
r ~ I
F~ r'tl.~.I f;, 5 ~ "
1 i~'a,
~ ~x
}Si.
-..'I
x~
~4
w

e -1
~4_ .
;„.E~y `?F,.
..h ~
r
cY
a
-7 -4
Tj
d
4N
1rlva:i~~.
rt