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13394_LYLES, HOMER_19950426
O Applicant N Address — City ,_ CAMA AND DREDGE AND FILL GENERAL MAY 0 3 1�J95 133 94-1� PERMIT w,+rr.r*rr r rr • r • r�rr8 iAi►i)FiNi� as authorized by the State of North Carolina Department of Environment, Health, and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC C7�' $ r- LA Phone Number Project Location County, State Type of Project Activity PROJECT DESCRIPTION Pier (dock) length Groin length number Bulkhead length max. distance offshore Basin, channel dimensions cubic yards Boat ramp dimensions Other s State C zip ,.L�l C d' Water Body, etc.v . r w tic H w w SKETCH << �4'-�' � 1. `►t.�'- .:mot _t �� �� �.1.� i (SCALE: ) fit; �Kt D►V' ;f w - v.,d'..rl"�i 4 This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine, — imprisonment or civil action; and may cause the permit to be- come null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) this pro- ject is consistent with the local 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. applicant's signature permit officer's signature issuing date expiration date 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 !� w I CERTIFIED MAIL RETURN RECEIPT REQUESTED Intracoastal Venture, Inc. 1900 Goose Creek1.Rd. Ocean Isle Beach, North Carolina 28469 Attention: Mr.,'Charlesl,rWells Hr. s say - Date: November 7, 1994 This letter is to notify you as an adjacent riparian landowner of MT./Mrs. .,Homer Lyles plans to construct a private water line from Hwy._179 down SR 1155 on their property, as noted on attached sketch in Brunswick County The sketch on the reverse side accurately depicts the proposed construction. Should you have no objections to &his proposal, please check the statement Belo::, sign and date the blanks below the. statement and return this letter .to: ' Nl1mPr TyiPC as soon as possible. Should yo:: have objections to this proposal, please send your written comments to NC Division of Coastal Management, 127 Cardinal Drive Ext. Wilmington, North Carolina 28405. Written comments must be received within 10 days of receipt of this notice. Av Failure to respond in either method within 10 days will be interpreted as no objection. Sincerely, V I have no objection to the project as presently proposed and hereby waive -that right_of,�pbjection as provided in General Statute --I 13-229 . I have objections to the project as presently proposed and have enclosed comments. Signature Date 1 November 7, 1994 To: Homer Lyles From: Charles Wells Re: Water Line On behalf of Intracoastal Venture I wish to officially inform you we have no objection to your constructing a private water line from State Hwy. 179 down SR 1155 adjacent to our, property per attached sketch. Ocean Isle Beach, North Carolina 28469 919-754-4373 Inside NC 1-8(X)-222-9938 Outside NC 1-800-438-3006 a,r �—I( led, $w �tPF // �� a. c ro9. /�4-o.re TT "cop ,FvC p,oui �,� a �y %c �' ao u.� f/ lr�fr l ✓ 6 01 STATE OF NORTH CAROLINA DEPARTMENT OF TP ANSPORTATION JAMES B. HUNT. JR DIVISION OF HIGHWAYS SAM HUNT GOVERNOR SECRETARY 124 Division Drive Wilmington, NC 28401 April 19, 1995 DIVISION 3 BRUNSWICK COUNTY Mr. Homer J. Lyles 1284 Goose Creek Road SW Shallotte, NC 28459 Dear Mr. Lyles: SUBJECT: Encroachment Agreement on SR 1155 Attached for your files is a copy of Right -of way Encroachment Contract properly executed. This contract is for the following: Installation of 2112' of 3" PVC SDR 21 waterline. This approval is also subject to the attached Special Provisions and the following: If surface areas in excess of one acre will be disturbed, the Encroachee shall submit a Sediment and Erosion Control Plan which has been approved by the appropriate regulatory agency or authority prior to beginning any work on the Right of Way. Failure to provide this information shall be grounds for suspension of operation. Verbal approval was rendered by this office on March 19, 1995. Very truly yours, D.. Bowers, P.E. Division Engineer DJB/JWRsr:hjs Attachments cc J. B. Williamson, Jr. J. P. Cook ■ STATE OF NORTH CAROLINA ROUTE SR 1155 PROJECT waterline COUNTY OF Rrunswi ck DEPARTMENT -OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT FOR NON -UTILITY ENCROACHMENTS ON PRIMARY AND SECONDARY HIGHWAYS Homer J. Liles 10TIFY D.O.T. HIGHWAY MAINTENANCE ENGINEER PRIOR TO 1284 Consp Creek Rd. SW 8 1NG WORK AND WHENWORK SATISF TGpILY COMPLETED Shallotte, NC 28470 Aim THIS AGREEMENT, made and entered into this the 5th day.of January , 1995, by and between the Department of Transportation, party of the first part; and 45�mer J. Lyles party of the second part, PERMITTED WHEN SHDULDW DAMAGES OD GOMPlY*G WITH 9MRONMEMA1 ARE WET. ALSO NO PART OF PIT WI•TNIN 3 Fja W I T N E S S E T H REQUIREMENTS ARE RESPONSt91M Of OF PAYE7MM. F� THAT WHEREAS, the party of the second part desires tfi roach on the right of way of the public road designated as Route SR 1155 , located at the Intc. of NC 179 with the following: 2112 LF of 3" PVC SDR 21 Waterline } WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of author- ity conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as indicated, subject to the conditions of this agree- ment; NOW, THEREFORE, IT IS AGREED that the -party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in anch anfn and proper condition that It will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the pruper maintenance thereof., to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time the party of the first part shall require the removal of or changes in the location of the said facillti^_e, that the said party of the second part binds himself, his successors and assigns, to promptly remove nr alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first pert. That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and regulations may be obtained from the Division Engineer of the party of the first part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damages and claims for damage that may arise by reason of the installation and maintenance of this encroachment. It is clearly understood by the party of the second part that the party of the first part will nssume no respon— sibility fur any domnge thnt may be enuaed to such fneilitiea, wlthln the highwny rights of way limits, in cnrryLng out its construction and maintenance operations. That the party of the second part agrees to restore all areas disturbed during Lnatallatlon and maintenance to the satisfaction of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs, other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable rules and regulations of the North Carolina Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and the existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to meet the satisfaction of the Division Engineer of the party of the first part. That the party of the second part agrees to assume the actual coat of any inspection of the work cunsidered to be necessary by the Division Engineer of the party of the first part. ^ .- -- .. -1 1"..-�___•,.i .,v - rn have available at the encroaching sLte, at all timus Burl IN WITNESS WHEREOF,..each.of the parties to this agreement has caused the same to be executed the day and year first above written. DEPARTMENT OF TRANSPORTATION BY: DI SION ENGINEER ATTEST OR tV'IT} ' Yk''/ `?c' 1 41 P O BOX 1450 Homer J. L vies _ 1284 Goose Creek Rd cw SHALLOTTE NC 28459 Shallotte, NC 28470 PHONE 91 0-754-6527 ( 91 0) 7r 4— 6 8 6 8 .Sl+i�4;iA�,IN�[J�:.� �fftYi �iF1;"7 Second Pa�,�Y y`.. `:`, ��; ►ti.?'T:..lYir'�!ny�'ilw, �'' Y'l.ti�tt%�D�. i;i ;?G 1�,�3�iil1L':3�, � s •L. ,: ;�: ;;�i kM� ,,•:�A .i' " .. 3.?'t�JNi INSTRUCTIONS When the applicant is a corporation or a municipality, this agreement must have the corporate seal and be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of the Manager of Right of Way. In the space provided in this agreement for execution, the name of the corporation or municipality shall be typed above the name, and title of all persons signing the agreement should be typed directly below their signature. When the applicant is not a corporation, then his signature must be witnessed by one person. The address should be included in this agreement and the names of all persons signing the agreement should be typed directly below their signature. This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the following applicable information: 1. All roadways and ramps. 2. Right of way lines and where applicable, the control of access lines. 3. Location of the proposed encroachment. 4. Length and_tvDe_of—encroachment (I86I [Aaenuef) VI •91 M/9 WdOJ *lied leaTj a41 jo Ailed aql molj lied puooae agl jn Alaed Pill F.q palnoav FT aaATen uallTaw ■saTun lied 3eaT3 a4l jo .Claud aql 6q uojle:Taoglne jo alep a41 moaj 1PaA (I) auo u141IA unRAq lou eT ulaaa4 paivld®1 —uoo AaoA aql jo =Tlonale[[oa jenlae jT MOA aoiooaq ITege luamaaaNe 91q, legl uaTlaud gloq Aq paalbe eT IT Ie41. 'laud leaTj ngl jo 413ed agl of ]sou ou le Aun jo 14R11 a4l moaj panouraa 10 aoueTTdmoa oluT 2g8noaq uaaq teg 6171Taej agl TTlun 7jaom TTe dole of 149Ta a41 ean,�aeaa lied 1daT3 a41 jo �C1aed 24I•'laed puooae agl jo dlaed a41 6q luamaaaRe eTy7 jo email 041 41Tn aoueTTdmoounu jo asea a43 uT leq,y paaTnbaa ail lou TTTA UOTInTUIHuOo aapun sloa(oad deng9lg uo rion ;o uoTlajdmoo jo 03T1Ou uallTaA -laird leaTj agl jo dlaud aql 6q paleanbaa ATTPoT;Toads esalun •palatdmno u,ay 9174 UTaaa4 pouTrluoo ]taoA TTe uagn lied Isill agl jo Llaed ayl jo aaauTJug UOJPJATU ?47 0l aOTlnu uallTan PAIR nl saP19p lied puoaas aql jo .Claud Pill :aTjjell 02 undo ,Cen48Ty palaTdmoa a vo pawojaad RUTaq eT ]u.maaal7n aTgl UT NauTrluo, j10n aql papTAOad ENCROACHMENT AGREEMENT SPECIAL PROVISIONS Notify the D.O.T. Highway Maintenance Engineer prior to beginning work and/or backfilling pipe culvert for inspection of work and when work is satisfactorily completed. See telephone number on encroachment agreement. Strict compliance with the Policies and Procedures for Accommodating Utilities on'Hzahwav Rights of Way Manual shall be required. Material and workmanship shall conform to the North Carolina De artment of _Transportation Is Standards and S ecifications Manual, dated January 1, 199o. Contact the appropriate Utility Company(ies) involved and make satisfactory arrangements to adjust the utilities in conflict with the proposed work prior to construction. Proper traffic control devices, signs, etc. shall be installed to insure public safety per the Manual on Uniform Traffic Control Devices (MUTCD). Any drainage structure disturbed or damaged shall be restored to its original condition as directed by the District Engineer. Proper temporary and permanent measures shall be used to control erosion and sedimentation in accordance with local, State, and Federal regulations. All excavations inside the theoretical 1-1/2:1 slope from the existing edge of pavement to the bottom of the nearest trench wall shall be made in accordance with the following conditions: A: All trench excavation inside the limits of the theoretical one half -to -one slope, as defined by the Policy, shall be completely backfilled and compacted at the end of each construction day. No portion of the tr-ench shall be left open overnight. B: The length of parallel excavation shall be limited to the length necessary to install and backfill one joint of pipe at a time. C: Traffic shall be moved to a travel lane outside the limits of a theoretical 1-1/2:1 slope from the bottom of the nearest trench wall to the pavement surface. D: Installation of trench shoring shall be accomplished with minimal over -excavation. E: A North Carolina Department of Transportation inspector, the cost of which to borne by the party of the second part, shall be assigned to this project if deemed necessary by the Division Engineer. ENCROACHMENT SPECIAL PROVISIONS PAGE 2 F: The trench backfill material shall meet the Statewide Borrow Criteria. The trench shall be backfilled in accordance with Section 300-6 of the 1990 Statewide Standard Specifications for Roads and Structures which basically requires the backfill material to be placed in layers not to exceed six (6) inches loose and compacted to at least 950 of the -density of obtained by compacting a sample in accordance with ASSHTO T99 as modified by D.O.T.. G: At the first sign of a trench failure, a trench shall be immediately backfilled with materials consisting of A-1, A-3, A-2-4 soils or A-4 soils having a maximum of 45'.- passing a Number 200 sieve and a maximum P. I. of 6. All work shall cease, the Division Engineer shall be contacted. The Party of the Second Part shall be required to repair any damage to the pavement caused by the excavation. 97 Working hours shall be restricted to 9:00 A.M. to 4:00 P.M. All equipment and materials shall be removed from the right of way when not in use. Any work requiring equipment or personnel within S feet of the edge of the travel lane shall require a lane closure with appropriate tapers. Located a minimum of 5 feet from the nearest part of bridges and culverts, including wingwalls and scour apron and minimum of 2 feet below stream bed. Ingress and egress to all businesses and dwellings shall be mainatined at all times. All plastic force main pipe shall be SDR 21 or better 1154 IN 1154 1155 T C 7 79 N G yT E � 9 T ED i 5 C © G� LrN6 r?�,sr -Tla E 5 of �oADWA� GE /hush �� �8�4 47- WA 'T t4 �tpGE D oTfl {,/,, D s Be p CAT'ED M'�csT.� GrNE of 30 ��ATeli ,pxprg ,,b A "r A /Y1 i N /M uM�c.fSvi'r'' ° 6,xl.ST.Aj W,44 ,8E 3h P�8 pJA-re.R 197-;6,--- Gc, ,8 6 o �nfATER- cT �� �✓ o e`it G rr<w �,aEa w N PA -I vRrLI_ 04 j . r. 814. 817 ou P.- CP • �J 179 \y 1 155 MI i (� I� L OAI � `y } rl7vll 2=Tli ;. loa �I �1 �� CM =VMs $o a� 9;1 W !v a: DEED OF EASEMENT This Deed of Easement made this day of T)C L _ 1994 by Marcus H. Hewett, Inc. of Brunswick County, North Carolina, Party of the first part to Homer J. Lyles of Brunswick County, Party of the second part. Witnesseth, That said parties of the first part in consideration of Ten Dollars and other valuable considerations to them paid by said part of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do grant, bargain, sell and convey to said Party of the second part, his heirs and assigns a perpetual Easement for water over, through and across that certain tract or parcel of land in Shallotte Township, Brunswick County, North Carolina more particularly described as Parcel No. 22900903 as shown on Exhibit A attached. All construction and maintenance to be borne by Party of second part. Party of first part covenants with the Party of the second part, that Party of the first part is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of any encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Party of the first part, its successors and/or assigns shall have the right to pave or otherwise construct driveways, walkways, etc. over and across the said water line and Party of the second part, his heirs and/or assigns agrees to accept said easement and assume all responsibility for repairs to any driveways necessitated by maintenance to said water line. Party of the first part shall have no liability in connection with the installation or maintenance of said water line. In Witness whereof part of the first part has hereunto set his hand and seal. MARCUS H. HEWET�T, INC. / BY:0 f PRESIDENT ATTEST : GCCGv �' CCG E C R E T A R Y STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I, and State aforesaid, DO , a Notary Public HEREBY CERTIFY that President and in and for the County Secretary of , a corporation, who is personally known to me to be the person whose name is subscribed to the foregoing instrument as such President, appeared before me this day in person and acknowledged that they signed, sealed and delivered the said instrument as their free and voluntary act as such President and Secretary respectively and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal, this day of 1994. November 7, 1994 To: Homer Lyles From: Charles Wells Re: Water Line On behalf of Intracoastal Venture I wish to officially inform you we have no objection to your constructing a Private water line from State Hwy. 179 down SR 1155 adjacent to our property per attached sketch. Ocean Isle Beach, North Carolina 28469 919-754-4373 Inside NC 1-800-222-9938 Outside NC 1-800-438-3006 OFF- ROAD SHOULDER OPERATIONS ON TWO-LANE ROAD (21-61 FROM E.O.F) ' . ROAD CONSTRUCTION XXX FT '42O- I MINIMUM 2 , h1AXlMU1.1 e' FROM THE EDGE 0F� PAVEMENT. 17 ENO CONSTRUCTION G2O- 2 326 FIvurc —' View 1.4 A - 1116 -%ft 51�d. — E. '212 L 232 Gauss Landing 0 OCEAN ISLE BEACH POP. 143 . . . . . . . . . . . . . . . . CASWEU POP. no