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�rT CERTIFICATION OF EXEMPTION
v
FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
0 Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an areal of environmental concern pursuant to 1 NCAC Subchapter 7K .0203.
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'oposed project to be located and constructed as described This certification of exemption from requiring a CAMA perr
is hereby certified as exempt from the CAMA permit re- valid for 90 days from the date of issuance. Following expirE
nent pursuant to 15 NCAC 7K .0203. This exemption to a re-examination of the project and project site may be nece5
permit requirements does not alleviate the necessity of to continue this certification.
Ibtaining any other State, Federal,or Local authorization. /f/ ,
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-2005 03:47pm From-UNCW CMS [phone] T-779 P.001 F-071
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-2005 03:47pm From-UNCW CMS [phone] T-779 P.002 F-071
0 CERTIFICATION OF EXEMPTION
FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
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Department of Environment,Health,and Natural Resources and the Coastal Resources Commission
in an urea of environmental concern pursuant to 1 NC,AC Subchapter 7K,0203,
)Meant Name i*C iv CORMi7 ireo,mA✓ Phone Number leZ
cress /,� ,, ,,,c,dy ,11,61 .� �a�, -- tto e u ber /
r State Zip 2 &
(ect t oga n(County, tate Z1,% pater ody,etc.) vp�r �f.7 . ;,l . L Tic- !�er r x .0 7 �s .,.�r.� r.,
a and DI slops of Project �e ��to o� .;��, ! , ��y�. r'G
e-- a x gar_ � c i, '/r !P%! rr . fir,. .�.�
proposed project to be located end constructed as described Thle certification of exemption from requiring a CAMA pe
we is hereby certified ea exempt friary the CAMA permit re- valid for 90 dcye from the date of issuance.Following expl
went pursuant to 15 NCAC 7K ,0/03, This exemption to a re.examinatlon of the project and proleCt alto may km)nec
AA permit requirements does not alleviate the necessity of to continue this certification.
•obtaining any other State, Federal,or Local outhorizatbn.
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-2005 03:47pm From-UNCW CMS [phone] T-779 P.003/008 F-071
LICENSE AGREEMENT
BETWEEN THE
COASTAL OCEAN RESEARCH AND MONITORING PROGRAM
UNIVERSITY OF NORTH CAROLINA AT WILMINGTON
AND
MERCERS ENTERPRISES
This License Agreement is entered into by the Coastal Ocean Research and Monitoring
Program (CORM?), University of North Carolina at Wilmington(LICENSEE) and Mercers
Enterprises (LICENSOR). The purpose of this Agreement is to allow LICENSEE to have the
right of access to and occupancy and use of certain real property owned by the LICENSOR, for
the purpose of operating and maintaining a near shore current and wave observations station.
The property affected is the Johnnie Mercers Pier, located in Wrightsville Beach,North Carolina
(referred to below as "the premises").
By their signatures below, the authorized representatives of LICENSEE and the
LICENSOR agree to the following terms and conditions:
1. Employees or agents of LICENSEE shall have the right of access to, and occupancy
and use of the premises,with the understanding that access to the premises will be required
periodically during the year by maintenance personnel,free-of-charge with proper university
identification.
2. LICENSOR waives a license fee since the prescribed use is for research and
educational purposes.
3. By virtue of the right of access to and occupancy and use of the premises,LICENSEE
shall be entitled to install,operate, and maintain the current and wave observations
instrumentation (in a mutually agreeable location), an Acoustic Doppler Current Profiler
(approximately 750— 1000 feet from the end of the pier), a computer and LCD monitor and
possibly,telecommunication lines. All equipment and resulting data generated from this
equipment shall remain the property of the LICENSEE.
4. This Agreement shall not be construed to require the LICENSOR to furnish to
LICENSEE any more than access to and occupancy and use of the premises for the purposes
stated herein.
5. On termination of this Agreement, LICENSEE shall remove any instruments or
hardware it has placed on the premises, and restore the premises to the condition in which they
___. _ 1. _.C_ T Y/.KtitflT••+ n. . •

-2005 03:47pm From-UNCW CMS [phone] T-779 P.004/008 F-071
¢. The liability of LICENSEE for bodily injury, property damage or any other matter
sounding in tort is determined solely in accordance with the provisions, procedures,and limits of
the North Carolina Tort Claims Act,N.C.G.S. 143-291, et. seq
7. LICENSEE agrees not to sell, convey,.transfer mortgage, pledge, assign, or otherwise
encumber this Agreement, in whole or in part, nor any of LICENSEE's rights, interests, or
privileges, hereunder.
8. Use of the premises by LICENSEE shall not be in support of any policy which
discriminates against any person on the basis of race, sex, religion, or national origin.
9. This Agreement shall take effect upon signature by both parties, and shall remain in
effect for a period of ten years from the date of the last signature, with options to extend the
Agreement for subsequent ten year periods,provided that the parties may terminate the
Agreement either by mutual written agreement or upon ninety days' written notice by either party
to the other.
FOR: UNIVERSITY OF NC WILMINGTON FOR: THE-MERCERS ENTERPRISES
Matthew T. Johnson, Mg>
r of Purchasi ervices Johnnie Mercer's Pier
niversity of North Carolina Wilmington
December 7, 2004 ---5 (5 1;
Date Date

-2005 03:47pm From-UNCW CMS [phone] T-779 P.005/008 F-071
11/18/2004 DRAFT
Proposed Bottom Mount of Acoustic Doppler Current Profiler(ADCP) and Wave Monitor
System for Johnny Mercer's Pier
The pier is currently hosting a meteorological and tide monitoring station (NOS). The
University of North Carolina at Wilmington(UNCW)through the Coastal Ocean Research and
Monitoring Program(CORMP)proposes to augment these measurements with near shore current
and wave observations. These data well be made available locally and globally in near real-time.
To facilitate the measurements CORMP will install a bottom mounted ADCP in a small
pyramidal structure approximately 1000 feet from the end of Johnny Mercer's Pier. The
structure is designed to passively resist any snagging by trawling or trolling. The structure will
be connected to the pier via an armored cable that will self bury beneath the surface of the sand
bottom. This cable will supply the low power required to operate the system and provide the
data communications between the end of the pier and the instrument. The power will be
provided by batteries mounted inside the NOS enclosure currently at the end of the pier and
those batteries will be charged by the addition of solar panels to the existing array of solar panels
already present on the NOS enclosure. The communications from the NOS enclosure to the
network are not yet finalized and may include a radio link between the NOS enclosure and the
pier house, a fiber optic [ink, or a cellular phone link. Although these details are not yet worked
out they have as a primary goal to be non intrusive either structurally of esthetically to the pier
facility. Furthermore, CORMP wishes to provide a real-time display in the pier house of the
wind,tide, wave and current conditions for the region as well as the end of the pier.
CORMP is a broad reaching program; it is concerned with high quality data and
observations as well as the dissemination of that data. The end users of the data include a wide
range of researchers,planners, engineers, government agencies, educational institutions and not
least of all the general public for their information and recreation. This installation at Johnny
Mercer's pier will be part of an ongoing international initiative for Ocean Observing Systems.

-2005 03:4Tpm From-UNCW CMS [phone] T-779 P.006/008 F-071
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
In ID. 20050� County: New Hanover USGS Quad:
GENERAL PERMIT(REGIONAL AND NATIONWIDE) VERIFICATION
:rty Owner/Authorized Agent: Dr.Lynn Leonard
:ss: UNCW Center for Marine Science
5600 Marvin K.Moss Lane
Wilmin ton North Carolina 28409
!tone No.:
ad location of property(water body,road name/number, town, etc.): The site is located a roximatel 1,800'
Ire in the vicinity of Johnny Mercer's Fishin Pier Wri htsville Beach.
ption of projects area and activity: Placement of scientific monitoringdevice to monitor wave action and
t ts.
able Law: ❑ Section 404(Clean Water Act,33 USG 1344)
El Section 10(Rivers and Harbors Act,33 USC 403)
ization: Regional ,General Permit Number:
Nationwide Permit Number.. #5
r work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
)ns and your submitted plans. Any violation of the attached conditions or deviation from your submitted plans may subject
;e to a stop work order, a restoration order and/or appropriate legal action. -
verification will remain valid until the expiration date identified below unless the nationwide authorization is modif
ed or revoked, it prior to the expiration date identified below, the nationwide permit authorization is reissued ani
3,this verification will remain valid until the expiration date identified below,provided it complies with all requirement:
ified nationwide permit. If the nationwide permit authorization expires or is suspended,revoked,or is modified,such that
would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (Le.,
)nstruction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided
is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, un]
nary authority has been exercised on a case-by-case basis to modify,suspend or revoke the authorization.
ities subject to Section 404(as indicated above)may also require an individual Section 401 Water Quality Certification. Y
ontact the NC Division of Water Quality(telephone[phone])to determine Section 401 requirements.
�tivities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act(CAMS
ieginning work you must contact the N.C.Division of Coastal Management.
Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Fedei
ocal approvals/permits.
•e are any questions regarding this verification,any.of the conditions of the Permit,or the Corps of Engineers regulatory
please contact Wicker
egulatory Official Date: 12/16/2004
)n Date of Verification: 12 16 0

-2005 03:48pm From-UNCW CMS [phone] T-779 P.007/008 F-071
Determination of Jurisdiction:
ascri on preliminary information,there appear to be waters of the US including wetlands within the above described project
his preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process
Etefcrence 33 CFR Part 331).
'sere are Navigable Waters of the United States within the above described project area subject to the permit requirements o:
action 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or ow
'bushed regulations,this determination may be relied upon for a period not to exceed five years from the date of this
rtification.
here are waters of the US and/or wetlands within the above described project area subject to the permit requirements of Sec.
)4 of the Clean Water Act(CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations,this
:termination may be relied upon for a period not to exceed five years from the date of this notification.
ie jurisdictional areas within the above described project area have been identified under a previous action. Please referenc
risdictional determination issued . Action ID ,
of Jurisdictional Determination: S-rncture is placed iafi Atlantic Ocean
Regulatory Official: 4nit?„. CJ J
12 16 04
Furnished:

-2005 03:48pm From-UNCW CMS [phone] T-779 P.008/008 F-0T1
10Ir
NATIONWIDE PERMIT 5
DEPARTMENT OF THE ARMY
CORPS OF ERS
FINAL NOTICE OF ISSUANCE AND MODIFICATION OF NATION
FEDERAL REGISTER NATIONWIDE PERMITS
AUTHORIZED MARCH 18, 2002
Scientific Measurement Devices:Devices whose data such as staff gages,tide gages, water recording devices,Vi water qse is to ualality e tesi record ascientific
improvement devices and similar structures. Small weirs and flumes constructed primarily
record water quantity and velocity are also authorized provided the discharge is limited to 25
cubic yards and further for discharges of 10 to 25 cubic District Engineer in accordance with the "Notification"gene al condition. (Sec provided the tions 10 nittee notifies the4
and 404)