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Update 3/08/10

Over the next week or so we should see another dredge contractor surveying our Phase 1 canal bottoms.  This will include depth checks, material samples, etc.  This work is part of the ongoing effort by our new lead contractor, Byrd Brothers, to resolve the default issue.   

We also expect to see the dredge, work barge and pipe leave the North Marina site.  All of this brings us closer to being able to move ahead with site restoration.  Weather permitting, our day markers for the Ginguite Channel will be replaced/repositioned very soon.  This is being coordinated by the Southern Shores Boat Club. 

Update 2/26/10

Byrd Brothers Emergency Services was/is the guarantor for Sampson Contracting's performance bond. As a result of Sampson's default, the owners of Byrd Brothers contacted the Town, almost immediately, and asked if we would be willing to work with them to resolve the default issue. The Town agreed to do so subject to a number of conditions. Byrd Brothers and Sampson Contracting created a “teaming” agreement which gives Byrd the lead role in dealing with the default and in moving our project forward. They have until mid-March to present an acceptable resolution/proposal to the Town.

Byrd Brothers assured the Town that the cost will not exceed the original contract amount. They are taking a very methodical and thorough approach to prevent a repeat of our past experience. While the results of Sampson's efforts were disappointing, there is good reason for optimism with a new more experienced team.

The plan is to have the ramp open and the parking lot at the marinia available for use by early April.

Update 2/19/10

Our Town Engineer extended the time for our contractor to remedy the default from 7 days to 30 days.  Our intent is to allow sufficient time to prepare a resolution that will increase our chances of success.   

Update 2/12/10

At an emergency meeting on Saturday, February 6, the Town Council found our dredge contractor to be in default for failure to perform, under the terms of the contract.  There are specific terms and conditions under the default provisions, which allow the contractor to remedy or otherwise address the issue.  We are waiting for a response from the contractor.  We are hopeful that they, in conjunction with other involved parties, will be able to resolve the situation to everyone's satisfaction. This dredge season ends on February 14 with the onset of the annual dredge moratorium.  It would appear that our best hope will be to resume the effort to dredge during the 2010/2011 season.  Obviously, this failure on the part of our contractor is a disappointment to all of us, and we can only hope for a prompt and fair resolution.

Update 2/5/2010

Our contractor decided to attempt a different methodology to dewater the dredge slurry.  The new method involves the use of geo-tubes.  This change does involve a minor modification to our CAMA permit which is being prepared, by our contractor, at this time.  The Deltanks have been removed.  The site is being reshaped to accommodate the geo-tubes.  Unfortunately, the dredge moratorium goes into effect on February 14.  So, even if this method proves successful, we will have only a few days to dredge unless we are granted an extension.  At a meeting this past Saturday, the Town Council agreed to the request to modify the permit, subject to a number of conditions - most of which have been met.  The SSCA has been more than cooperative in their support of the project and their willingness to help make it happen. 

Update 1/29/10

Our contractor has continued to be challenged by the turbidity issue.  To-date, they have been unable to effectively eliminate the fine silt from the water being discharged by the hydrocyclones.  Despite baffles, screens, settling tanks and flocculants, they have been unsuccessful in achieving the water clarity levels anticipated by our permit.  For the past five days or so they have been investigating another method of silt control which should allow them to restart our project by this coming Sunday.  Hopefully, the method they have chosen will allow them to go into a dredge "production" mode at that time.  The hydrocyclones, which separate the water from the bulk of the solid material (or vice versa) were just unable to"pull-out" the very fine silt.  The up-side is that the material we have produced in our "test" dredging has been excellent, relatively dry and easily transported with no contamination to the roads on our exit route.  We are hopeful that these new measures will allow the project to finally move forward. 

Update 1/22/10

We are dredging, just not at the level we need to reach our goals.  The Town Council has given the contractor permission to operate 24/7 throughout the canal system, once "production" starts.

Update 1/15/10

Finally -- the dredge goes to work! Thursday afternoon we started dredging.  This first effort was a test run, and we found a few minor problems with pipe and fittings on the "Deltanks."  So, we hope to be ready to resume operation Saturday morning, at the latest. 

Once we have worked out the kinks in the process, and our contractor has been able to spend a few days training the night crew, we will go to a 24 hour day in the main channel.  It appears almost certain that we will be forced to ask Council's approval to allow the dredge to operate 24/7 in the interior channels as well.  We simply do not have enough time to complete the project by February 14, without the extra hours the 24 hour day will give us. 

Update 1/8/10

The machinery and equipment necessary to begin dredging is on site. The contractor will be working through the weekend fusing pipe and assembling the final pieces to allow the dredging to begin. Target start date to dredge is Monday, January 11th. The North Marina is now closed. Go to Photo's to view pictures of the dredging site setup.

Update 12/21/09

Doug Huggett, Manager, Major Permits and Consistency Unit, N.C. Division of Coastal Management (CAMA DCM) worked over the weekend and coordinated with the Town's Environmental Consultant George Wood to finalize the Town's permit modification. The permit modification was formally issued on Monday morning, December 21, 2009

Town Manager Charlie Read immediately issued a full "notice to proceed" to the contractor. Canal Dredge Project Manager Tom Bennett directed the contractor to move ahead with mobilization and completion of the remaining site preparations. He is scheduling the pre-construction meeting with our contractor, Canal Dredge Project Team, and the CAMA representative for Tuesday or Wednesday of this week

Our target date to begin dredging remains Jan. 2, 2010. All canal front property owners in phase I and boat slip owners were sent a memo and map with instruction for their boats and docks. The N. Marina Boat Ramp will be open for removal of boats; however the upper parking lot is closed. The ramp should remain open until December 28th.  

Update 12/11/09

The Director of the NC Division of Water Quality (DWQ) advised us on Wednesday that our permit modification has been approved.  We expect to have the final CAMA approval by December 16.  The Pre-Construction meeting with our contractor and sub-contractors will be scheduled immediately following the receipt of this approval. 

Recognizing the significant delays we have experienced in starting this project, the Town Council voted to allow the dredge contractor to proceed with a limited preparation of the dewatering site prior to the actual receipt of the permit.  This limited preparation will include necessary tree removal, silt fence installation and bringing in the work barge, the dredge and finally the dewatering machine(s).  Understanding that the dredge "window" is only open through February 14, and that the volume of material that must be moved exceeds the capability of the equipment available in this time period, the Council also agreed to allow the contractor to dredge 24 hours per day 7 days per week in the main channel and dawn to dusk 7 days per week in the interior canals.  If necessary, we will request an extension to the dredge period, but there are no guarantees that it will be granted. 

Update 12/4/09

Update 10/30/09

We had a successful bid opening on Tuesday, Oct. 27. The bidder was a local company, Sampson Contracting, Inc. The bid amount was just about $1.7 million, which is under the amount budgeted, but more than was anticipated when we applied for the matching grant. The contract proposal will be presented to the Town Council on Nov. 4 th for their approval.

Update 10/9/09

The bid opening took place as scheduled on Sept. 28. Unfortunately, we did not have the 3 bidders required by state statute to open the bids. We have re-advertised the project and set a new bid opening date of Oct. 8 th . The statute allows opening the bids at that time, even if there is only one bidder.

One of the requirements of the permit recently issued by the Corps of Engineers is that we relocate significant quantities of submerged aquatic vegetation (SAV). SAV needs to be moved from channel areas to be dredged to areas where they would not be impacted by the dredge itself and have a reasonable chance of survival.

We held our second bid opening on Thursday, Oct. 8. Unfortunately, there were irregularities in both bids, requiring that neither be accepted. We plan to bid the project again with a bid opening on Oct. 20. If another re-bid is necessary, it will take place on Oct. 27th .

Update 9/25/09

We finally received our permit from the Army Corps of Engineers. The decision was made last week to delay the bid opening for our project. A few of the bidders had asked that we consider this to allow them more time to complete samples testing and bid preparation. Recognizing the complexity of the job and not wanting to lose any potential bidders, we agreed to extend the bid opening date to September 28 th .

Update 9/2/09

The pre-bid conference was held on Monday, August 31st. Twenty one companies received the bid package, 7 dredging companies and 5 general contractors attended the pre-bid conference. We are now looking at an alternate methodology for a dewatering system and the contractors were very interested. At the public information meeting, Sept. 22 more information will be available. In response to a letter in the Coastland Times from the owner of the Cove, the Mayor has submitted this response.

Update 8/19/09

On Wednesday, August 19, 2009, Joe Anlauf, P.E. of Quible & Associates, the Town's engineering firm, released the bid documents and is actively seeking to identify additional qualified contractors for the project. A pre-bid conference will be held in the Town's Pitts Center at 9 a.m. on August 31, 2009 and the bid opening is scheduled for 3 p.m. on September 21, 2009. The Town Engineer and Canal Dredge Project Manager will be conducting a community informational presentation immediately following the 8 a.m. Town Council Meeting on September 22, 2009.

Update 7/10/09

We have the CAMA Major Permit! Congratulations to Town Council and the entire team who have worked so hard and so long to achieve this wonderful milestone. The past two weeks or so have seen two significant milestones in our continued efforts to finally get our canals dredged. First was securing the lease with the Stones which allowed us to actually file for our CAMA Major Permit and then receipt of the actual permit late Tuesday afternoon July 7, 2009. The project continues to be a bit of a moving target and we have much to do before we actually start to transfer spoils material - but we are on our way. We still need additional permits, the blessing of the Army Corps of Engineers, and many long hours by the Town Engineers to finalize bid documents. We hope to have these documents ready to issue to prospective bidders by early August with a bid opening in September. We expect the successful bidder to start preparations and mobilization to start the project in October. These are best estimates - - please keep in mind that much of this preparation is during tropical storm season and while we may not suffer any serious setbacks, they are always a possibility. As we move forward with our present Spoils Dewatering Site, a significant portion of our canal system will be impacted by piping, barges, and other equipment and these waterways will in all probability not be navigable for possibly as long as three months. Boat owners would be well advised to remove their boats from the impacted canals and to begin making plans to do so without delay. We will keep you advised of the route(s) to be taken by the barges and dredge piping well in advance.

 

Update 6/18/09

The Town reached an agreement with the Stone family for the use of their commercial property location as a spoils dewatering site. This means we can move ahead with the next step of securing our dredging permit from the State. Many thanks to the Stone family for their cooperation and support in making this happen. In addition, the Town was also successful in receiving a one year extension to the NCDENR State Grant, which means we will have grant money available for dredging this year. Next step in the process will be the development of the engineering plans and putting the job out for bid. We will keep you informed as this moves along.

Update 6/5/09

• Town Council approved the engagement of a Project Manager (consultant/contractor) to oversee the Canal Project this process will be finalized during the week of June 8th.
• At their June 4th meeting, the CPOA granted the Town’s request to utilize a narrow strip of property to provide access of dredging pipes during Phase I of the Canal Project.
• We previously reported that the Town expressed interest in purchasing a property and that the owner was unresponsive. On May 21st, the Town received an unsigned proposal which was determined to be unfavorable to the Town. The Town Manager re-contacted the seller on May 26th to determine his level of interest in selling the property “fee simple” to the Town, to-date neither he nor his attorney has responded.
• The Town is continuing negotiations with property owners and our attorneys are reviewing initial proposals. We are optimistic that we will be able to reach an agreement that will move the project forward this year. Once an agreement is in-place additional permitting will be required and the project will be PUT out to bid.
• This project holds an extremely high priority. Accordingly, Council’s designee Jodi Hess, Town Manager Charlie Read, and Town Engineer Joe Anlauf are working this issue every day.

Update 5/21/09

Over the past several weeks a number of misconceptions, misinformation, misunderstandings, assumptions, rumors, and innuendo have led to severe confusion over the status of the Canals Maintenance Dredging Project. Go to fact sheet is provided to clarify the Town's position and reiterate information that some may have missed.

Update 5/15/08

The quest continues to try to locate a suitable site for the disposal of dredge spoils in order to secure the final permitting for the Canals Maintenance Dredge Project. Efforts to secure a site were thwarted when the boards of both the Chicahauk Property Owners Association (CPOA) and Southern Shores Civic Association (SSCA) voted to deny the Town permission to use properties for the placement and dewatering of dredge spoils. In spite of many obstacles, the Town is continuing its efforts to complete this project.

Update 4/15/09

We were successful with the mediation portion of the appeals process and just received the conditional permit from the state and the project is proceeding. The next step is to get sites for the spoil before the final approval.

Update 3/03/09

The following update is from John Leidy, Town Attorney: We have nearly completed the review and permitting process at the State level. As the Board is aware, however, that is only one step in the process, and as soon as we complete that step we need to obtain review and approval by Federal agencies.

Amanda Little, counsel for DCM, has advised me that they have been working on the draft permit, and before it can be issued some conditions have to be met, including the dismissal of the pending appeal. She understands we cannot dismiss the appeal until we know that a satisfactory the permit will be issued. Because our most immediate concern right now is starting the Corps' review process, the Director of the Division of Coastal Management, Jim Gregson is going to call the Corps' permitting officer directly, as she put it, "to let the Corps know, for consistency purposes, that a permit will be issued so that they can begin their review process. We know you don't want that process held up and in fact ant to start as soon as possible, and Jim says we have made these kinds of calls before."

I have also asked her but not received a commitment yet, that Mr. Gregson also communicate with the Corps by letter so we will have something for the record.

George Wood has also talked with the Corps and been assured they can begin the review process, and will limit that to National Marine Fisheries to see if the reductions from the modified plan satisfy NMF. If they are satisfied they can issue quickly; if not, then further review becomes necessary.

Update 1/06/09

Pursuant to a court order mediation was conducted at a neutral location in Washington , North Carolina . The Town was represented by the Mayor, Commissioner McDonald, Town Manager Read, Attorney John Leidy , and George Wood , the Town's environmental consultant. The director of the Coastal Management, two attorneys from the Attorney General's office, and representatives from the Marine Fisheries and Wildlife Resources offices also participated. After a lengthy day of negotiations, the parties reached an agreement by which they will work together to enable the Town to get a canal maintenance dredging permit. There are several steps in the process that will be undertaken on an expedited basis, including the following:

1. The Town would submit a revised a modified canal maintenance dredging plan and plats supporting that project. This has been done.

2. Staff from the represented agencies will review the revised project submitted by the Town and let the Town know any additional information it needs by January 17.

3. The parties agreed to meet as necessary to work out any additional request for information or project details.

4. The Director of the Division of Coastal Management will issue the final decision on the Town's modified project by February 27, 2009.

The Town is confident that it will obtain the permit from the Division of Coastal Management under this arrangement. However, if the Division still refuses to issue the permit, the contested case hearing will be rescheduled for trial for March 16, 2009. There are some additional steps that the Town is undertaking to facilitate approval. That includes the identification of a new spoil disposal area and the design of a spoil disposal sight subject to Division approval. As soon as the Division of Coastal Management had issued its permit, the Town will be eligible to resume the application project for necessary permits from the Corps of Engineers. It should be noted that the Corps will not continue its review of the Town's permit application until the State permit has been issued.

Based on these developments and the continued efforts by Town staff, the Board, the Town's attorneys and consultants, we are comfortable with the progress we are making and, at this point, are cautiously optimistic that we will be engaged in dredging operations as early as the fall of 2009.

Update 11/4/08

John Leidy, Attorney, reported a trial date has been set for January 5, 2009 and the Town received a letter from the Division of Water Quality withdrawing their objections to the Town's water quality certification and waiving that requirement. He stated he is working on setting up a mediation meeting and he will discuss further with Council in closed session in order to preserve attorney/client privilege. He stated he will continue to contest the denial made by the Division of Coastal Management.

Update 10/07/08

The Town Attorneys have reported at this time they are still waiting for hearing dates and a letter from DWQ withdrawing their objections. They are also working on alternate spoil disposal sites. Southern Shores Town Council and Staff are committed to do everything it can to get the canals dredged.

Update 8/5/08

The Town Attorneys have reported the following developments with the canal dredging project:

•  The Office of Administrative Hearings has scheduled both the CAMA and the DWQ cases to be heard during the week of September 15, 2008.

•  The scheduling of a multi party settlement conference has been discussed with Senator Basnight's office. To date, no agreement has been reached with regard to dates or format.

•  A mediated settlement conference will probably be conducted by the end of the month. It remains to be seen whether the settlement conference will take the form of multi party talks with various agencies or a standard mediated settlement conference where the Town will negotiate directly with each of the two respondent agencies.

Update 5/8/08

The Town Attorneys have reported the following developments with the canal dredging project:

•  The Petition for a Contested Case Hearing, has been filed.

•  Our Attorneys have received confirmation from the Office of Administrative Hearings that the CAMA appeal has been docketed and the case is tentatively scheduled for trial during the week of July 21, 2008 in Elizabeth City . That date poses some conflict and will probably be rescheduled.

•  The Town is required to have a mediation - which is a formal settlement conference facilitated by a neutral third party ("the mediator") by June 18, 2008.

•  The appeal of the Division of Water Quality Decision was filed on March 12. No scheduling information has been received yet. However, it is expected that the cases will be consolidated by the Office of Administrative Hearings and, if not, the parties will probably need to agree on consolidation.

The Town has received confirmation that grant moneys maybe used for attorney fees related to the Canal Project as we pursue this appeal.

Update 3/3/08

Two State agencies under the North Carolina Department of Environment and Natural Resources have denied the Town of Southern Shores permission to move ahead with its canal dredging project. The Division of Water Quality entered its decision on January 14, 2008, and the Division of Coastal Management rendered its decision on February 15, 2008.

According to George Wood, an environmental consultant engaged by the Town to assist with the project, the denials have potentially wide ranging impact for the coastal counties in North Carolina , and should be challenged.

In addition to the regional impact of these decisions, the Town could be greatly harmed by these decisions. The canal dredging project is necessary in order to ensure the viability and navigability of the canal system running throughout the Town.

As discussed at the Town's February 26, 2008 meeting, the Town is committed to moving forward with the project. The Town's attorneys, John Leidy and Ben Gallop of the Hornthal, Riley, Ellis & Maland firm, are currently studying the legal options available to the Town. These options include an appeal and hearing before an administrative law judge and a request for a variance, which would be submitted to and decided by the Coastal Resources Commission. The Town's attorneys do not expect these processes to be complete until the end of 2008. Additional appeals to a local superior court and appellate court are possible, depending on the outcomes in these administrative proceedings. As a result, the dredging project is unlikely to proceed until 2009, at the earliest.

Update 1/31/08

As expected, the Town's canal dredging permit has been denied. The Town is currently embarking on the Variance process through the CRC in order to obtain the CAMA Major Permit for Phase 1. This should take about 60 days and we have been advised that we should expect to be granted a variance. The bid opening has been scheduled for February 20. We are also researching possible alternative Spoils Sites.

Update 1/16/08

Pre-bid conference for the dredging project was held Monday, January 7, 9 AM in the Pitts Center. Bid Opening will be Wednesday, February 20, 10 AM, in the Pitts Center. Town is still waiting for approval on the permit.

Update 10/25/07

The Town has the letter from CAMA accepting our permit application. The projected deadline for making a decision on approval of permit is January 5, 2008. However there is an additional 75-day review period provided by law when such time is necessary to complete the review. Quible & Associates the Town Engineering firm is proceeding with bid document preparation and are anticipating holding a formal "Invitation to Bidders" sometime in November.