28004_CARTERET CO_20010523

r
-LAMA and DREDGE AND FILL
G E N E R A L 29004
PERMIT
as authorized by the State of North Carolina
Department of Environment and Natural Resources and the Coastal Resources Commission
in an area of environmental concern pursuant to 15 NCAC
Applicant Name Phone Number
Address
City State zip
Project Location (County, State Road, Water Body, etc.)
Type of Project Activity 7 r r A
PROJECT DESCRIPTION SKETCH
Pier (dock) Length
Groin Length
number
Bulkh'ead`Length
t
max. distance offshore
Basin, channel dimensions
cubic yards
Boat ramp dimensions
Other
(SCALE: )
This permit is subject to compliance with this application, site drawing
and attached general and specific conditions. Any violation of these terms
applicant's signature
may subject the permittee to a fine, imprisonment or civil action; and
` �� !'
may cause the permit to become null and void.
�'' `
This permit must be on the project site and accessible to the permit of-
permit officer's signature
ficer when the project is inspected for compliance. The applicant certi-
fies by signing this permit that 1) this project is consistent with the local
issuing date expiration date
land use plan and all local ordinances, and 2) a written statement has
been obtained from adjacent riparian landowners certifying that they
have no objections to the proposed work.
attachments
In issuing this permit the State of North Carolina certifies that this project
is consistent with the North Carolina Coastal Management Program.
application fee

COUNTY OF CARTERET
COURTHOUSE SQUARE
BEAUFORT, N.C. 28516-1898
GENERALFUND
�KCITIZENS 2 4 8 51
!� 66-301531
05/09/2001 24B 1 $100„00
ONE HUNDRED (AND 00/100 DOLLAR~
DAYS
F . VQID AFTEWSO
PAY TO NC GEF't
THE `� F•
OF NATURAL_
i•�r hj A N A C7
R S
PROVISION FOR THE PAYMENT OF THIS CHECK (OR
HAS BEEN MADE BY AN APPROPRIATION DULY
, '�'`•• �,�°ti.�
ORDER OF
DRAFT)
OR BONDS OR NOTES DULY AUTHORIZED. PUR-
P O
27687
MADE
SUANT TO THE LOCAL GOVERNMENT BUDGET AND
_
R A L E. T G H
NC 476 1 1
FISCAL CONTROL ACT.
:,
pa
.
1:0 5 3 100 3001:0000 5 2404 2 21311'
00 248 5 ill'

April 20, 2001
Dave Clark, P.E.
County Administration Building
Courthouse Square
Beaufort, NC 28516
RE: Lukens Island Cemetery Bulkhead Repair Project
Dear Dave,
JOHN A.J. WARD
ATTORNEY MEDIATOR
RECEIVED
ENGINEER N DEPAR MENT
Thank you for your letter of April 18 covering two original, signed Agreements and three
Hold Harmless Agreements regarding the referenced project. I am returning a fully executed
original of the Agreement as you requested, but am also returning all three original Hold
Harmless Agreements for the attestation by the Taylor Brothers Marine Construction Company,
Inc.'s secretary with the corporate seal embossment. Please have those documents properly
attested, two of the documents dated and the return mailing of fully executed originals both to
you and to me by Taylor Brothers. We will then be ready to go forward with the project.
Again, thank you for your cooperation. It is a pleasure working with you. I look forward
to future associations.
Very sincerely,
John A`J: Ward
JAJW/dl
Enclosure
cc: Dr. Greg Georgiade
Jet Matthews
JAJ 409 Pollock Street PO Drawer F New Bern, NC 28563 • 252-633-7816 fax [phone] entail [e-mail]

CARTERET COUNTY
NORTH CAROLINA
AGREEMENT
For and in consideration of the_. sum of ten dollars and other good and valuable
consideration, LUKENS ISLAND LAND AND TIMBER COMPANY, a North Carolina
corporation, and LUKENS ISLAND TIMBER ENTERPRISES, LLC, a North Carolina
limited liability company ("Lukens") contracts with CARTERET COUNTY ("the County"),
for and under the following terms and conditions:
1. Carteret County will be granted specific and limited license of access and use
of the Lukens property located along South River, in Carteret County, North Carolina. Such
access shall be for the repair work to the Lukens Island cemetery bulkhead located on South
River. The access shall be restricted to a license to proceed from the Radio/TV Tower located
between the East Gate and the West Gate of Open Ground Farms to the Lukens/Open Ground
Farm Gate, then along South River Road to the Lukens borrow pit and cemetery repair site.
2. Carteret County is granted a license to use the borrow from the Lukens borrow
pit in its repair work to the Lukens cemetery bulkhead and the road repair work referenced in
Paragraph 5 below.
3. The license granted to Carteret County shall be for a reasonable time to
complete its repair work and, in any event, shall be completed before the 2001 deer season.
4. All work and all access shall take place while the roads traversed by Carteret
County and its contractor are dry. All work shall be conducted using equipment of Carteret
County or its contractors.
5. For and in consideration of the removal of Lukens' trees and the license, use
and materials granted hereinabove, Carteret County shall provide or cause to be provided
within the contract term the following:
a. South River Road and adjacent roads used in the licensed repair work shall be
repaired and upgraded, crowned and stabilized to the satisfaction of Lukens' representative
Mack Baker. -
b. The properties along South River utilized in the referenced repair work shall be
stabilized and seeded to the satisfaction of Lukens' representative Mack Baker.

N
N
U
Z
z
Cc
m
R
C. Carteret County shall level, crown, and grade Lukens' maintained roads, in
addition to those licensed above, in an amount equal to those roads licensed above, which
roads and work shall be designated and approved by the Lukens' representative Mack Baker.
Additionally, Carteret County shall cause to be removed from the referenced borrow pit an
amount of borrow equivalent to the amount used in the bulkhead repair project, which
additional borrow materials shall be used by. Carteret County or its contractor to be placed and
used in the leveling and grading work referenced next hereinabove.
d. Carteret County shall insure that its employees and its contractors employees
shall not bring firearms onto the Lukens property and shall operate only on those areas subject
to the work referenced above herein.
6. The indemnity and hold harmless agreement separately executed between the
parties herein and Taylor Brothers Construction Company is incorporated herein as if
repeated.
This the day of 12001.
Cou ty Clerk
APPROVED AS TO FORM:
County Attorney
COUNTY OF CARTERET RTH CAROLINA
By:
-
Ch 'rman, BoaxW of Commis oners
L
M
Agent
TIMBER COMPANY
LUKE TERPRISES, LLC
By:
orized Agent

CARTERET COUNTY
NORTH CAROLINA
HOLD HARMLESS AGREEMENT
NOW COME TAYLOR BROTHERS MARINE CONSTRUCTION, INC., a
North Carolina corporation ("the Contractor"), CARTERET COUNTY ("the County"), and
LUKENS ISLAND LAND AND TIMBER COMPANY, a North Carolina corporation, and
LUKENS ISLAND TIMBER ENTERPRISES, LLC, a North Carolina limited liability
company ("Lukens") and enter into the following .Agreement:
AGREEMENT:
WHEREAS, parties have entered into an understanding regarding temporary granting
of permission (revocable license) from Lukens to the Contractor and County to enter upon the
property of Lukens to repair the damaged bulkhead fronting the Lukens Island cemetery on
South River; and,
WHEREAS, this Agreement does not contain all the provisions of the understandings
of the parties, but is memorialized for the purpose of providing consideration (revocable
license and other consideration) for the following Hold Harmless Agreement for the
protection of Lukens from liability.
THEREFORE, for and in consideration of ten dollars, a limited and revocable license
to cross and make limited use of the property owned by Lukens, and for other good and
valuable considerations, the parties agree to indemnify and hold harmless Lukens as follows:
1. Contractor and County shall indemnify and hold harmless Lukens, its agents,
members, corporate owners, and guests, from and against any and all liability, ciaims,
demands, and judgments for any damages arising out of or for any injuries to or deaths of
persons, for damage to property of whatsoever kind or nature occasioned by joint or several or
concurring negligence of the Contractor or the County, their employees or agents. Such
indemnification and hold harmless agreement shall include all claims based upon contract,
tort (including any alleged active or passive negligence or'participation in any wrong) or upon
any alleged breach of any duty or obligation to Lukens, its agents, owners, members, or
otherwise. The provisions of this Agreement include any claims based on alleged damage to
the business of any claimant and shall include all losses, damages, injuries, cost and expenses

incurred by Lukens, its agents, owners, members, guests and/or employees or agents in
connection with investigating any claim or defending any action, including any reasonable
attorneys.
This the day of , 2001.
County 'leric
APPROVED AS TO FO�vI.
County Attorney
ATTEST: //JJ
Sec ary
(corporate seal)
COUNTY OF CARTE T, NORTH CAROLINA
By: l �`✓
hairm oard of issioners
TAYLOR BROTHERS MARINE
CONSTRUCTION, INC.
By:Qj
� 3 3b Lo�J
Preside
LUk
LOIR
TIMBER COMPANY

PERMITTEE
LOCATION:
MONITORING & COMPLETION REPORT
[CAMA Major Development & State Dredge & Fill Permits]
' S NAME: PERMIT # � G
kftu � - 4:-� IV 9. dFIELD REP. L6
PHONE: 0—'1 �-- DATE REPORTEDLY COMPLETE:
DATE OF INSPECTION
1) Do th�e�� sured dimensions of the development differ from those indicated in the permit and workplat?
YES/�lO circle one].
COMMENT:
2) SEDIMENTATI . EROSION CONTROL:
disturbed areasn
NO [circle one]
COMMENT:
Has Permittee seeded, grassed, or otherwise stabilized all
3) FUTURE MOMTORING & ENFORCEMENT ACTION: Is further investigation or enforcement action
needed? Y [circle one].
COMMENT: