57433D - Edens

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(,•Jason
n: Hiram Williams [[e-mail]]
Monday, October 24, 2011 12:47 PM
[e-mail]; [e-mail]
Dail, Jason
ect: Re: FW: 257 Howard's Lane - Maintenance Dredge Request
ive been notified of the dredging that is to be done on the property adjacent to me owr
sonya and Randall Edens on Howard's Lane. I have no objection to the proposed work. If
I to contact me feel free to call me at 910-620-0695. Thanks, Hiram Williams
im Williams
S. Greentee Rd.
istead,NC 28443
-Original Message-----
i: Sonya Edens <[e-mail]>
'Hiram Williams' <hiramwac(@aol.com>; dasamaki00 <dasamaki00(yahoo.com>
'Dail, Jason' <iason.dail(@ncdenr.gov>
: Mon, Oct 24, 2011 10:42 am
ect: FW: 257 Howard's Lane - Maintenance Dredge Request
ell and Hiram - Jason Dail (with NCDENR) has misplaced the signed notification forms
we provided him with our application for maintenance dredging. He is going to contir
ook for them, but it may be quicker if you could just reply to this email letting him
that you have been notified about the proposed dredging. Thanks so much. Sonya Eder
C Engineering, PLLC16310 US Hwy 17Hampstead, NC
3910-619-1737 (mobile)910-270-9599 (office)910-270-9592 (fax)
p;From: Dail, Jason fmailto:iason.dail(@ncdenr.govl
: Monday, October 24, 2011 10:31 AM
Sonya Edens
ect: RE: 257 Howard's Lane - Maintenance Dredge Request
ill continue to search for them... In the mean time, can you try to get in touch with th
either have them call me or send me a quick email advising they have been notified. Th
North Carolina Department of Environment and Natural ResourcesDivision of Coastal
gementJason DailField Representative127 Cardinal Drive Ext.Wilmington, NC 28405Phone:
) 796-7221, Fax:
)395-3964www.nccoastalmanagement.net *Please note that e-mail correspondence to and fr
address may be subject to the North Carolina Public records Law and may be disclosed
d parties.*
n: Sonya Edens(mailto:sonya(@rscengineering.coml
: Monday, October 24, 2011 10:21 AM
)ail, Jason
act: RE: 257 Howard's Lane - Maintenance Dredge Request

iya, it seems I have misplaced the copies of the notifications that went out to the
)fining property owners. Did you save copies and can you e-mail or fax them to
Thanks,Jason North Carolina Department of Environment and Natural ResourcesDivision o-
;tal ManagementJason DailField Representative127 Cardinal Drive Ext.Wilmington, NC
i5Phone: [phone], Fax:
f)395-3964www.nccoastalmanagement.net *Please note that e-mail correspondence to and fi
address may be subject to the North Carolina Public records Law and may be disclosed
•d parties.*

(-F) ;70--7Y-�2-
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DEPARTMENT OF THE A] / AJ//��,-�i
CONSENT TO CROSS US GOVERNMI �J/�o�t�yC^.`1Vr'1NIL[�/tgfy� SIC
AT DISPOSAL AREA 21
ATLANTIC INTRACOASTAL WATER '
NEW HANOVER COUNTY, NORTI
If
KNOW ALL MEN BY THESE PRESENTS:
The consent of the United States is hereby granted to FA / YW
INC. hereinafter designated as Grantee, to construct, use, ma
dredge disposal pipeline hereinafter referred to as "structure", across over and under the lands
where the United States has acquired a perpetual easement identified as Tract No 3, Beaufort
Inlet to Cape Fear River, North Carolina Section of Atlantic Intracoastal Waterway, further
identified as Disposal Area 203, and which is recorded in Deed Book 209, Page 259, in the
records of New Hanover County, North Carolina. The right-of-way for said structure for the
purpose of this consent is specifically located as shown on Exhibit "A", attached hereto and
made a part hereof and described as follows:
THIS CONSENT is granted subject to the following conditions:
1. This Consent is hereby granted for a term of three months beginning 26 September 2011, and
ending 25 December 2011, but revocable at will by the Secretary.
2. That it is understood that this consent is effective only insofar as the property rights of the
United States in the land to be occupied are concerned, and that it does not relieve the Grantee
from the necessity of obtaining grants from the owners of the fee and /or other interests therein.
3. That the proposed construction authorized herein shall not be commenced until appropriate rights
shall have been obtained by the Grantee from the record owners and encumbrances of the fee title to
the lands involved.
4. That the exercise of the privileges hereby consented to shall be without cost or expense to the
Department of the Army, under the general supervision and subject to the approval of the officer
having immediate jurisdiction over the property, hereinafter referred to as "said officer", and subject
to such regulations as may be prescribed by the District Commander, Wilmington, District, from
time to time, including, but not limited to, the specific conditions, requirements and specifications
set forth below.
5. That the Grantee shall supervise and maintain the said structure and cause it to be inspected at
reasonable intervals, and shall immediately repair any damame found therein as a result of such

CONSENT NO. DACW21-9-11-5047
6. That any property of the United States damaged or destroyed by the Grantee incident to the
exercise of the privileges herein granted shall be promptly repaired or replaced by the Grantee to the
satisfaction of the said officer, or in lieu of such repair or replacement, the Grantee shall, if so
required by the said officer and at his option, pay to the United States money in an amount sufficient
to compensate for the loss sustained by the United States by reason of damage to or destruction of
Government property.
7. That the United States shall not be responsible for damages to property or injuries to persons
which may arise from or be incident to the exercise of the privileges herein granted, or for damages
to the property of the Grantee, or for damages to the property or injuries to the person of the
Grantee, or the persons of Grantee's officers, agents, servants, or employees or others who may be
on said premises at their invitation or the invitation of one of them arising from governmental
activities on or in the vicinity of the said premises, and the Grantee shall hold the United States
harmless from any and all such claims.
8. That this consent is effective only as to the following rights of the United States in the lands
hereinabove described.
9. That the United States shall in no case be liable for any damage or injury to the use herein
authorized which may be caused by any action of the Government, under the rights obtained in its
easements, either hidden or known, or that may result from future operations undertaken by the
Government, and no claim or right to compensation shall accrue from such damage or injury, and if
further operations of the United States require the alteration or removal of the structure herein
authorized, the Grantee shall, upon due notice from the said officer, alter or remove said structure
without expense to the Government and subject to the supervision and approval of the said officer
and no claim for damages shall be made against the United States on account of such alterations or
removal.
10. That Construction and/or operation maintenance and use of said equipment incident to the
exercise of the privileges hereby granted shall be in such a manner as not to conflict with the rights
of the Government, nor to interfere with the operations by the Government under such rights, nor to
endanger lives and safety of the public.
11. That this consent may be terminated by the Secretary of the Army upon reasonable notice to the
Grantee if the Secretary of the Army shall determine that installation to which consent is hereby
granted interferes with the use of said land or any part thereof by the United States, and this consent
may be annulled and forfeited by the declaration of the Secretary of the Army for failure to comply
with any and all of the provisions and conditions of this consent, or for nonuse for a period of two
months, or for abandonment.
12. That unon the relinquishment termination. revocation. forfeiture or annulment of the consent

CONSENT NO. DACW21-9-11-5047
become the property of the United States without compensation therefore, or the Secretary of the
Army may cause it to be removed and the premises to be so restored at the expense of the Grantee,
and no claim for damages against the United States, or its officers or agents, shall be created by or
made on account of such removal and restoration.
13. That the terms and conditions of this consent shall extend to and be binding upon the heirs,
successors and assigns of the Grantee.
14. That the Grantee within the limits of his respective legal powers shall comply with all Federal,
interstate, state and/or local governmental regulations, conditions or instructions for the protection
of the environment and all other matters as they relate to real property interests granted herein.
15. That the Grantee shall not remove or disturb, or cause or permit to be removed or disturbed, any
historical, archeological, architectural or other cultural artifacts, relics, vestiges, remains or objects
of antiquity. In the event such items are discovered on the premises, the Grantee shall immediately
notify the District Engineer, Savannah District, and the site and the material shall be protected by
the Grantee from further disturbance until a professional examination of them can be made or until
clearance to proceed is authorized by the District Commander.
16. Except as otherwise specifically provided, any reference herein to "Secretary," "District
Engineer," "District Commander," or "said officer" shall include their duly authorized
representatives. Any reference to "Grantee" shall include assignees, transferees and their duly
authorized representatives.
{Signature Page to Follow}

CONSENT NO. DACW21-9-11-5047
THIS CONSENT is not subject to Title 10, United States Code, Section 2662.
IN WITNESS WHEREOF, I have hereunto set my hand by authority of the Secretary of
the Army this LJ day of Q4--bige i , 2011.
UNITED STATES OF AMERICA
RalphV,eWArthmann.
Chief, Real Estate Division
Savannah District
Real Estate Contracting Officer
An s
= rl,'
Witness
THIS CONSENT is hereby accepted by the Grantee thisogday of_, 2011
F & S MARINE CONTRACTING, INC
rz V>vr-1
ez,
Name:
Title:
Wi ess
Wi es

CONSENT NO. DACW21-9-11-5047
CORPORATE CERTIFICATE
G%�) �� / /
I, , certify that I am the U t /✓ for
ame) (Tide)
F & MARINE CONTRACTING, INC., named as Grantee herein, that
who signed this Consent on behalf of the Grantee was
(Nome-SigAtor 7ftument)then7/ , of F & S MARINE CONTRACTING, INC., that said
(Title -Signor of Instrument)
Consent was duly signed for by authority of the corporation and is within the scope of its
corporate powers.
This ' day of , 2011
Signature
Seal