Not Given_Potter, Charles_19910315

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State of North Carolina ..........
Department of Environment, Health, and Natural Resources
Division of Coastal Management
225 North McDowell Street • Raleigh, North Carolina 27602
James G. Martin, Governor
William W. Cobey, Jr., Secretary
March 15, 1991
Mr. Charles Potter, Chairman
Craven County Board of Commissioners
Administration Building, Box 1425
New Bern, North Carolina 28560
Dear Mr. Potter:
Roger N. Schecter
Director
Enclosed please find one (1) fully executed original of the
implementation and enforcement contract between Craven County and
the Department.of Environment, Health, and Natural Resources for
1990-91 CAMA minor permits. Please note and initial correction
on page 2 of your original contract. I have initialled our file
copy.
We look forward to working with you on your minor permit
program.
If I may be of further assistance, please contact me.
Sincerely,
Sheila 2nson
Grants Administrator
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Enclosure
cc:- Charles Pigott,;DCM,,Office; Morehead City,.
P.O. Box 27697, Raleigh, North Carolina 27611-7687 Telephone [phone]
An E ual rtuni Affirmative Action Em 1

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CONTRACT NO. C-6025 BETWEEN CRAVEN COUNTY AND
THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES
A G R E E M E N T
THIS AGREEMENT, between the Department of Environment, Health, and
Natural Resources of the State of North Carolina, hereinafter referred to as
DEHNR, and, a locality of the state authorized to receive grants and
hereinafter referred to as the Locality;
WHEREAs,`DEHNR is authorized under NCGS 113A-112 to make annual grants to
local governments for the purpose of assisting in management programs relating
to the CoastAY-Area Management Act (CAMA);
WHEREAS, DEHNR has developed criteria under which localities may qualify
for assistance;
WHEREAS, the Locality desires to qualify for the aforementioned grant for
the period July 1, 1990 = June 30, 1991 and has rendered an application to the
DEHNR which complies with the criteria for assistance;
NOW, THEREFORE, the parties do hereby agree as follows:
1. The Locality agrees that it will thoroughly and with good faith
carry out the responsibilities and.duties defined and described in
the Coastal Area Management Act, concerning the evaluation of
projects lying in areas subject to minor development permits.
2. The Locality agrees that it will adequately process all CAMA
applications within the time period provided by law; that it will
publish adequate and timely legal notice as provided in NCGS
113A-119(b); that it will follow the application procedures
established by the Division of Coastal Management (DCM); that it
will mail, upon receipt, copies of applications and dispositions to
designated field consultants; that it will promptly notify DCM in
the event that any disposition is appealed.
3. The Locality agrees that it will process all applications filed
within its geographic boundary in such a way as to make,substantive
decisions that accord with the requirements of criteria and
standards for issuing permits as set out in the Coastal Area
Management Act and the Administrative Regulations of DCM; that it
will furthermore make such findings as are required by NCGS 113A-120
concerning the granting and denial of permits.
4. The Locality agrees that it will endeavor in good faith to promptly
discover persons in violation of the Coastal Area Management Act,
its.regulations, standards and criteria, that it will take all
actions necessary to resolve such violations.
5. The Locality agrees that it will keep such records as required by
DEHNR; that such records may be examined at least annually by the
minor permit administrator; that it will complete on forms supplied
by DEHNR a record of all applications processed during any given
bookkeeping or record -keeping period and submit these forms to DEHNR
within fifteen (15) days from the end of such period and at such
other reasonable times as DEHNR may request.
6. The Locality warrants that the information supplied on the grant
application is accurate to the best of its knowledge, that the
locality.is in compliance with its implementation and enforcement
plan.
7. This Agreement shall cover all expenses allowed herein which are
incurred by the Locality between July 1, 1990 and June 30, 1991.
8. The Locality agrees to give at least a 90-day notice of an intent on
its part to abandon this contract or the Implementation and
Enforcement (I & E) Program.

9. The Local Permit Officer will send one copy of the complete permit
application, public notice, final decision including any associated
permit conditions, and exemption letter to the appropriate field
consultant or field office of the Division of Coastal Management
within five (5) working days of acceptinga permit application,
requesting or receiving verification of publication of the public
notice; making a final decision, or mailing a letter of exemption,
respectively.
10. In consideration of the nine (9) aforementioned agreements,
statements, representations and warranties, the DEHNR, in accordance
with NCGS 113A-112, herein agrees that DEHNR will pay or cause to be
paid to the Locality:
��75.0O
(a), the sum of X44tj-F4* Dollars or every permit
application processed by the Locality, not to exceed
3 permits during the grant period;
(b) the sum of Forty Dollars ($40.00) for every follow-up
inspection which certified that a completed project for which a
permit has been issued during the specified contract period
complies with current rules of the Coastal Resources Commission
..found in 15 NCAC 7H, not to exceed 5 inspections during
the grant period.
(c) the sum of Twenty -Five Dollars ($25.00) for site visits in or
:near the Area of Environmental Concern by a Local Permit
Officer to investigate and render a written opinion of
exclusion, exemption, or no development, not to exceed 3
site visits during the grant period;
(d) the sum of One Hundred Dollars ($100.00) for every minor permit
violation which has been successfully resolved according to the
procedures and criteria adopted by the Coastal Resources
Commission, not to exceed 1 violations during the grant
period.
11. The DEHNR furthermore agrees to reimburse the Locality for expenses
for attending approved regional meetings and training sessions which
have been previously approved by DEHNR, not to exceed One Hundred
Fifty Dollars ($150.00) per permit officer during the contract year.
12. For purpose of this agreement, "issued permit" means those
situations where a permit officer accepts a complete application
together with sketch, ownership certificate and fee, places a public
notice in a local newspaper and.on site, makes a timely permit
decision,and mails one (1) copy of this information to the
appropriate Field Consultant.
13. The parties agree that under no circumstances will the DEHNR be
liable to pay more than the maximum amount set out in the contract.
14. In the event that a Locality processes applications in excess of the
maximum number provided for reimbursement by this contract or other
items which may be reimbursed under paragraph 9, it agrees that it
will accept as full payment for such services such reasonable
amounts as DCM or DEHNR may provide but that DCM or DEHNR is not
obligated to provide any payment for such services. In .computing
reasonable amounts of reimbursement over and above the maximum
number of permit applications specified in paragraph 9, DCM or DEHNR
shall consider such factors as the amount of funds available, the
number of permits outstanding, the costs of permits and such
procedural difficulties as may arise.
15. The violation of any terms of this contract may be deemed a
violation of the entire contract.
16. The signers of this contract warrant that they have the authority to
enter into this agreement on behalf of their representative
governments.

17. This grant is partially made possible through a federal grant from
the U. S. Department of Commerce, National Oceanic and Atmospheric
Administration. In the event that the State does not secure full
federal fundings as applied for, funding of this grant may be
reduced or terminated as deemed necessary by DEHNR.
18. The Local Permit Officer will send one copy of the complete permit
application, public notice, final decision including any associated
permit conditions and exemption letter to the appropriate field
consultant or field office of the Division of Coastal Management
within five (5) working days'of accepting a permit application,
mailing or receiving verification of publication of public notice,
making a final decision, or mailing a letter of exemption,
respectively.
19. Total' liability for the period July 1, 1990 - June 30, 1991 shall
not exceed $750
IN WITNESS WHEREOF, the parties have hereto executed this Agreement as of
the date and year aforementioned.
Local Gover nt Official or bit ct , Division of Coastal
Authorized Agent Management
Chairman, Craven County Commissioners
Title
March 6, 1991
Date
3 /
Date
J
tness
Form Approved by Attorney General's Office (12-5-83)