25222D - BTI

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' CAMA and DREDGE AND FILL
G E N E R A L '` ! 25222 -I)
PERMIT
as authorized by the State of North Carolina
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Department of Environment and Natural Resources and the Coastal esou ces Commission
in an area of environmental c ncern pursuant to 15 NCAC i/4 - it) O c7 .
Applicant Name 5 ( ( COthtr►,)nit•,i,�At f ;61 Ji",�� Phone Numb /C1) 716 q.5-,‘"R
Address 113 0° `S O ( F��-kc I CI
City Rq I � l°) h State NC' Zip � 76Q
Project Location (County, State Road, Water Body, etc.) B r I A.Je C r a Ss/n 5s
oi 4 13)u l( R iv(.'" 06
/4W\j MO ntur Curr ).e / t'e4 (r CovA+,j Type of Project Activity.l-n5 to 1\ S� 4Qv{avS 0 4111 i-1 II^ L U k f iZiA J c.►r' ti At l bare c r1 /1i j
Iv)qIr DoTr, i ),1 oT" Wa, o Cr)64 +t, 6Ico-k IQtver * -4-r-I ufcfrlf, - 614, 12iu(c
PROJECT DESCRIPTION SKETCH ce e a 4, t„i.P C (SCALE: )
Pier(dock)Length _
N. IIIIIIIIIIHI�
i on END_ ..
1111111
Groin Length 111
number ,_,I�_... 4 _I ,,..Li ''Q. 1i. �' 4:" . f
Bulkhead Length 4
max.distance offshore I
d mint ��
Basin,channel dimensions
cubic yards n ce (1J D I ;° 2! I I he c›t+ ch i 1'A MI
11111M11111 • 111 4. ,_,M11111000 '' O
- '' ill
II
Boat ramp dimensions i
._.pj , ...41;. .. t r"'•` P__. TT a a +
Othe II1111
T I'k /in P r pap
I�, S i ' r ec ,1 r t a 4F/.
Quo X Cr _Sri4i 1). • � '.. 111
_<t . NI "EX. 5 4,0% 'DA --4
if
This permit is subject to compliance with this application, site drawing
Dectau( +ti' 691'1-
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. 3.c d a .
This permit must be on the project site and accessible to the permit of- permi officer's signature
ficer when the project is inspected for compliance. The applicant certi- — 1 -- 0 +3 ri"• 1 ), — 0 1
Pies 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 17 i /b 0 0
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 6.0•
is consistent with the North Carolina Coastal Management Program. application fee

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II - 11e51." , M/.J 1 U 2OU0 STATE OF NORTH CAROLINA
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ROUT NC HY 210 PROJECT COUNTY OF Pender
W
• . ' SR 1116, SR 1114
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
-AND- PRIMARY AND SECONDARY HIGHWAYS
Business Telecom, Inc.
4300 Six Forks Road
Raleigh, North Carolina 27609
THIS AGREEMENT, made and entered into this the 22nd day of February, 2000 , by and between the Department of
Transportation, party of the first part; and Business Telecom, Inc. party of the second part,
WITNESSETH
THAT WHERAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route NC HWY 210, SR 1116 & SR 1114 located in Pender County with the construction and/or erection of: 68,005 feet of
underground conduit system consisting of(2) 1 %inch diameter HDPE ducts placed by using the directional boring and plowing
methods.
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 authority conferred upon it by statute, is willing to permit the encroachment with in the limits of the
right of way as indicated, subject to the conditions of this agreement;
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 installation,operation, and maintenance of the above described facility will be accomplished in accordance with the party of
the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-WAY,and such
revisions and amendments thereto as may be in effect at the date of this agreement. Information as to these policies and procedures
may be obtained from the Division Engineer or State Utility Agent of the party of the first part.
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and
proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper 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 facilities,that the said party of the second part binds himself, his
successors and assigns,to promptly remove or alter the said facilities,in order to conform to the said requirement,without any cost to the
party of the first part.
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.
That the party of the second part agrees to restore all areas disturbed during installation 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 round surface and 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 cost of any inspection of the work considered to be necessary by the
Division Engineer of the party of the first part. •
That the party of the second part agrees to have available at the construction site, at all times during construction, a copy of this
agreement showing evidence of approval by the party of the first part. The party of the first part reserves the right to stop all work unless
evidence of approval can be shown.
Provided the work contained in this agreement is being performed on a completed highway open to traffic;the party of the second part
agrees to give written notice to the Division Engineer of the party of the first part when all work contained herein has been completed.
Unless specifically requested by the party of the first part,written notice of completion of work on highway projects under construction will
not be required.
That in the case of noncompliance with the terms of this agreement by the party of the second part,the party of the first part reserves
_ • the right to stop all work until the facility has been brought into compliance or removed from the right of way at no cost to the party of the
firstpart. _—--- _ _
That it is agreed by both parties that this agreement shall become void if actual construction of the work contemplated herein is not
begun within one(1)year from the date of authorization by the party of the first part unless written waiver is secured by the party of the
SPr•.nnri nart frnm tha nartv of the first nark

c. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In all solicitations either by competitive
bidding or negotiation made by the contractor for work to be performed under a subcontract,including procurements of
materials or leases of equipment,each potential subcontractor or supplier shall be notified by the contractor of the
contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race,color,
or national origin.
d. Information and Reports: The contractor shall provide all information and reports required by the Regulations,or directives
issued pursuant thereto,and shall permit access to its books,records,accounts,other sources of information,and its
facilities as may be determined by the Department of Transportation or the Federal Highway Administration to be pertinent
to ascertain compliance with such Regulations or directives. Where any information required of a contractor is in the
exclusive possession of another who fails or refuses to furnish this information,the contractor shall so certify to the
Department of Transportation,or the Federal Highway Administration as appropriate,and shall set forth what efforts it has
made to obtain the information.
e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
contract,the Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate,including,but not limited to,
(1) withholding of payments to the contractor under the contract until the contractor complies,and/or
(2) cancellation,termination or suspension of the contract,in whole or in part.
f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs"a"through"f in every subcontract,
including procurements of materials and leases of equipment,unless exempt by the Regulations,or directives issued
pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department
of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including
sanctions for noncompliance: Provided,however,that,in the event a contractor becomes involved in,or is threatened with,
litigation with a subcontractor or supplier as a result of such direction,the contractor may request the Department of
Transportation to enter into such litigation to protect the interests of the State,and,in addition,the contractor may request
the United States to enter into such litigation to protect the interests of the United States.
R/W(161) : Party of the Second Part certifies that this agreement is true and accurate copy of the form
R/W(161) incorporating all revisions to date. •
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: A
DIVI O GINEER
EST OR WITNESS:
A"
y Daughtry David Warden
for Manager, Fiber Operations Director, Fiber Operations
Second Party
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.
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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 existing and/or proposed encroachment.
4. Length,size and type of encroachment.
5. Method of installation.
6. Dimensions showing the distance from the encroachment to edge of pavement,shoulders,etc.
7. Location by highway survey station number. If station number cannot be obtained,location should be shown by
distance from some identifiable point,such as a bridge,road,intersection,etc. (To assist in preparation of the
encroachment plan,the Department's roadway plans may be seen at the various Highway Division Offices,or at the
Raleigh office.)
8. Drainage structures or bridges if affected by encroachment(show vertical and horizontal dimensions from
encroachment to nearest part of structure).
9. Method of attachment to drainage structures or bridges. _ ___
10. Manhole design. -- — - -
11. On underground utilities,the depth of bury under all traveled lanes,shoulders,-ditches,sidewalks,etc.
12. Length,size and type of encasement where required.
13. On underground crossings,notation as to method of crossing-boring and jacking,open cut,etc.

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SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
• Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Deliver
item 4 if Restricted Delivery is desired. 0/tZtc ._( �T�C !�-0 a
• Print your name and address on the reverse ��TT��
C. ignat /�,��
sothat we U J I is
• Attach can return the card to you.this ,card to the back of the mailpiece, X <Ilst
or on the front if space permits. ❑AgAddresse
ent
D. Is delivery address differe _Loom'em 1? 0 Yes
1. Article Addressed to:
If YES,enter delive CCiii, ❑ No
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❑ Registered 0 Return Receipt for Merchandis
0 Insured Mail ❑ C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
9 Article Number(Copy from service label)
70?, 3 ZZO 001 0411 2 ?6r
PS Form 3811, July 1999 Domestic Return Receipt 102595-99-M-178<,

UNITED STATES POSTAL SE T R r,�1O aSS.Mai✓
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• Sender: Please pri i name, address, andzjp+4 in thiiboxT
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BUSINESS TELECOM, INC. 226152
VENDOR NU: DEPT4 NAME: DEPT OF ENVIRONMENT HEALTH & CHECK DAT06/29/00
E:
REF.NO. REFERENCE INVOICE DATE INVOICE AMOUNT AMOUNT PAID DISCOUNT TAKEN NET AMOUNT
06000 ALKRVR CROPERN )6/29/00 50. 00 50. 00
50 . 00
C irV
JUL I 2 2000
I.)IVISJO!N OF
COASTAL ,MANAGEMENT
226152
PH:[phone]
4300 SIX FORKS ROAD BB&T
P.O.BOX 150002
RALEIGH,NC 27624-0002 66-112/531
orouovnunicattnns:xnnca:
IDATE: 06/29/00I(AMOUNT: $*********50.00
PAY
Fifty and 00/100
dollars
TO THE DEPT OF ENVIRONMENT HEALTH &
ORDER NATURAL RESOURCES
OF 129 CARDINAL DRIVE _
WILMINGTON, NC 28405 I `i �'"\
11100226L520 1:0 5 3 LO L 7 LOI: 5L LEI 2777a C--11) a