CasB_12-01_ ATMC

WiRO for
Caswell Beach
LF,322-2oZ7
Amw
CAMA
MINOR DEVELOPMENT
PERMIT
ISSUED BY CRC
VARIANCE
12-01
Permit Number
as authorized by the State of North Carolina, Department of Environment,
and Natural Resources and the Coastal Resources Commission for development
In an area of environment concern pursuant to Section 113A-118 of the
General Statutes, "Coastal Area Management"
Issued to ATMC, c/o Scott Dutton, authorizing development in the Ocean Hazard (AEC) along Caswell Beach Road from
Elizabeth Drive in Oak Island to the NC Baptist Assembly, in Caswell Beach, Brunswick County, as requested in the
permittee's application, dated December 1, 2011. This permit, issued on March 2, 2012, is subject to compliance with
the application and site drawing (where consistent with the permit), all applicable regulations and special conditions and
notes set forth below. Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may
cause the permit to be null and void
This permit is issued by Coastal Resources Commission Variance • Final Order dated, February 29, 2012. All proposed
development and associated construction must be done in accordance with the application and work plat drawings dated
December 19, 2011, and subject to the following stipulations of the CRC Variance Final Order and additional permit conditions
listed on Page 2.
(1) Ail construction must conform to the N.C. Building Code requirements and all other local, State and Federal regulations,
applicable local ordinances and FEMA Flood Regulations.
(2) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation and
modification of this permit.
(3) A copy of this permit shall be posted or available on site. Contact this office at [phone] for fill" 4ipection at
completion of work.
(Additional Permit Conditions on Page 2) MAR Q 5 2012
This permit action may be appealed by the permittee or outer gialified
persons within twenty (20) days of the issuing date. From the date of an
appeal, any work conducted under this permit must cease until the appeal
is resolved. This permit must be on the project site and accessible to the
permit officer when the project is inspected for compliance. Any
maintenance work or project modification not covered under this permit,
require further written permit approval. All work must cease when this
permit expires on:
DECEMBER 31, 2015
Heather Coats
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
--
In issuing this permit it is agreed that this project is consistent with the local
Land Use Plan and all applicable ordinances This permit may not be
transferred to another party without the written approval of the Division of
PERMITTEE
l(Zinn nfivn mnnirari if nnneiitinne nhrmin annhr fn

Name: ATIVIC c/o Scott Dutton
Minor Permit # 12-01
Date: March 2, 2012
Page 2
(4) Unless specifically altered herein, all development shall be carried out in compliance with the attached list of
workplan drawings: labeled 'Index Map" and "Maps 1-23" dated 'Revised 12-15-11" and "Received December 19,
2011 DCM Wilmington, NC", and the narrative and AEC Hazard Notice dated "Received DCM Wilmington, NC
December 1, 2011")
(5) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. Disturbed areas shall be vegetatatively stabilized (planted and
mulched) within 14 days of construction completion.
(6) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminentty threatened by
changes in shoreline configuration. The structure(s) shall be relocated or dismantled within two years of the time
when it becomes imminently threatened, and in any case upon its collapse or subsidence. However, if natural
shoreline recovery or beach renourishment takes place within two years of the time the structure becomes
imminently threatened, so that the structure is no longer imminently threatened, then it need not be relocated or
dismantled at that time. This condition shall not affect the permit holders right to seek authorization of temporary
protective measures allowed under CRC rules.
MAR 0 5 2012
DCK4 VJiLIMItvGiON, NC
SIGNATURE: Q, ,P 15��verin DATE:
P

Village of Said Head 2012.01
Island Permit Number
Local Government
CAMA
MINOR DEVELOPMENT
PERMIT
as autlwr&sd try the Rate of North Carolina, OtpafiftI trt of Envi M"ant,
and Natural Resourioss and the Coastal Resources C=md9slon for doMopment
In an area of wMro mint concern pursuant to SwAllon 1LU-118 of the
Central Statutes,'Coastal Area Mannernene
Issued to Atlantic Telephone Membership Corporation (ATMC), authorizing development in the Estuarine Shoreline
(AEC) at Bald Head Island Linear Project, in Bald Head Island NC, as requested in the permittee's application, dated
December 29, 2011, This permit, issued on January 31, 2012, is subject to compliance with the application and site
drawhV (where consistent with the permit), all applicable regulations and special conditions and notes set forth below.
Any violation of these terms may subject permittee to a fine, imprisonment or civil action, or may cause the permit to be
null and void.
This permit authorizes: Installation of 8,976 Nnear feet of fiber optic cable.
(1) Alt proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on January 4, 2012.
(2) AN construction trust conform to the N.C. 6utiding Code requirements and all other local, State and Federal regulations,
applikable local ordinances and FEMA Flood Regulations.
(3) Any change or changes in the plans for development, construction, or land use activities wil require a re-evaluation and
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at 910-457-9700 for a final Inspection at
completion of work.
(Additional Permit Conditions on Page 2)
This permit actloo may be appealed by the permiltes or other qualirW persons
whWn twenty (20) days of the issuing dale. From the date of an appeal, any
work conducted under this permit must cease until the appeal Is resolved. This
pettntl musl ba on the project site and accaasible to the permit officer when the
project is inspected for compliance. Any maintenance work or project
modification not covered under this permit, require lurther written permit
approval. All work must cease when this permit expires on:
DECEMBER 31, 2015
In issuing this permil it is agreed That Ibis prolsr:l is consistent with the local Land
Use Plan and ali applicable orrdivanoas. This permit may not be IraWwrerd to
another party without the written aplxovat of the Uylsion of Coastal
Management.
nmw"�
CAMA LOCAL PERMIT OFFICIAL
PO Box 3009
Bald Head Isla d, NC 2&161
..
l'ERM111EE
(Signalure required if conditions above apply to permit)

Name:ATMC
Minor Permit # 2012.01
Date. January 31, 2012
Page 2
(5) finless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all
development/constnrction shall be located a distance of 30 feet landward of normal high water.
(6) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures, Prior to any land -disturbing activities, a barrier line of filter cloth must
be installed between the land disturbing activity and the adjacent marsh or water areas, until such time as the area
has been property stabilized with a vegetative cover,
(7) Any proposed for grading within the W buffer from the normal high water must be contoured to prevent additional
stormwater runoff to the adjacent marsh. This area shall be immediately vegetatively stabilized, and must remain in
a vegetated state.
(8) All other disturbed areas shall be vegetatively stabilized (planted and mulched) within 14 days of construction
completion.
(10) The permittee Is required to contact the Local Permit Officer 910-457-6255 ext 1004, shortly before he plans to
begin construction to arrange setback measurement that will be effects for sixty (60) days barring a major
shoreline change. Construction must begin within sixty (60) days of the determination or the measurement Is void
and must be redone.
01) The structure must set back a minimum of 60 feet from the first line of stable natural vegetation, as determined by
the DCM, the LPO, or other assigned agent of the DCM.
(12) Dune disturbance will be allowed only to the extent necessary for development and I the dune's protective value is
not weakened or reduced. Disturbed dune areas will be imrnediatety stabilized.
i 4 ATl1RE: `' 2,6/
PERfi ITTEE

n6'ell-as
�[ 1 l � C / 6 " OTHER PERMITS MAYBE REQLTRFD: The activity you are planning may require permits other than the CAXIA
Locality Pcrmit Number minor development permit, including, but not limited to: Drinking Water Well, Septic Tank (or other sanitary waste
treatment system), Building, Electrical, Plumbing, Heating and Air Conditioning, Insulation and Energy Conservation, FIA
Ocean Hazard Estuarine Shoreline ORW Shorehne _ Public Trust Shoreline Other Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and
(For official use only) others. Check with your Local Permit Officer for more information.
GENERAL TNFORMATION
LAND OWNER
Name Atlantic Telephone Membership Corporation (ATMC) _-
Address P.O. Box 3198
city shot State NC
Email [e-mail]
AUTHORIZEDAGENT
STATEMENT OF OWNERSHIP:
I, the undersigned, an applicant for a LAMA minor dev'clopment permit, being either the owner of property in an ARC or a
person authorized to act as an agent for purposes of applying for a CAMA minor development permit, certify that the person
fisted as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one)
E:an owner or record title, Title is vested in
Zip 26459 Phone [phone]'
-- -- -- - page in the County Registry of ikcdc.
- - Qan owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
Name Mark Friedemann, The Phoenix Environmental Group, Inc.
Address 2916 E. Park Avenue
City Tallahassee
Email [e-mail]
State FL Zip 32301 phone [phone]
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacent waterbotly.) Caswell Beach and Ft. Caswell
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) See attached
SIZE OF LOTiPARCEL• square feet .079 acres
PROPOSED USE: Residential ❑ (Single -fancily kfulli-family Q) Commcrciat7ndustrial E,') Other ❑
COMPLFTF, EITHER (1) OR (2) BELOW (Contact yow Lord Permit Offwer rfyou net not.sure %*ich .9F-C applies
to yow property):
(1) OCEAN HAZARD AF.Cs: TOTAi. FLOOR AREA OF PROPOSED STRIJM. -RE: N/A square feet (includes
air conditioned living space, parking elevated above ground level, non -conditioned space elevated above ground level but
excluding non -load -beating attic space)
(2) COASTAL SHORELINE A.ECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUE-T
UPON SURFACES: square feet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
concrete or masonry patina, etc. that are within the applicable AEC. Attach your calculations with the project drawing.)
STATE STORMWATER MANAGEMENT PERMIT: Is the project located in an area subject to a State Stormwater
Management Permit issued by the NC Division of Water Quality'
YES= NCO
If yes, list the total built upon area/impervious surface allowed for your lot or parcel: square feet
see Deed Book
0f other interest, such as written contract or lease, explain below nr use a separate sheet & attach to this application.
NOTIFICATION OF ADJACENT PROPERTY OWNERS:
I furthermore certify that the following persons are owners of properties adjoining this property. I affirm that I have given
ACTUAL NOTICE to each of them concerning my intent to develop this property and to apply for a LAMA permit.
(Name) (Address)
(1) North Carolina Baptist Assembly - Ft. Caswell; 100 Caswell Beach Rd., Oak Island, NC 28465
(2) _
(3)
(4)
ACKNOWLEDGEMENTS:
L, the undersigned, acknowledge that the land owner is aware that the proposed development is planned for an area which
may be susceptible to erosion and/or flooding. I acknowledge that the local Permit Officer has explained to me the particu-
lar hazard problems associated with this ioL This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
i fitrtharnore certify that I am authorized to grant, and do in fact grant, permission to Division of Coastal Management staff,
the Local Permit Officer and their agents to enter on the aforementioned land& in connection with evaluating information
related to this permit application.
This the ' day of.YA C. , 20 1L
Landowner or person authorized to act as his/her agent for purposb�f filing a CAMA
Ibis application indudm- general information (this form), a site drawing as described on the back of this application, the
ownership statement, the Ocean HazardAEC Notice where necessary, a checklor S100.00 made payable to the locally, and
am' rrfnrmatton as may he prmaled orally by the applicant The details of the applicatron as described by these sources are
incorporated without reference in any permit which may be issued. Deviation from these details will constitute a violation of
any permit. Airy person d¢veloping in an AFC without permit rsm�•tpLv8 fyia vJ!Js ?usrrarrve action.
DCMWIILMINGTON,NC
DEC 0 1 2011

Beverly Eaves Perdue
Governor
ATMC
c/o Mr. Scott Dutton
PO Box 3198
Shallotte, NC 28459
Dear Mr. Dutton:
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
March 5, 2012
Dee Freeman
Secretary
Attached is CAMA Minor Development Permit # CasB 12-01, for work to be done along Caswell Beach
Road, in Caswell Beach, Brunswick County.
In order to validate this permit, please sign both copies of the permit as indicated for our records.
Please retain the gold copy for your files and sign front and back pages of the white copy then return to us
within 20 days of receipt, in the enclosed, self-addressed envelope.
This is not a valid permit until it is signed and returned to our office.
Thank you for your prompt attention to this matter.
Sincerely,
Shaun K. Sim o�
Permit Support chnician
Enclosures
cc: WiRO files
127 Cardinal Drive Ext., Wilmington, NC 28405 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net No/r�thCarolina
1
/, / /Y 1-4 i t /f //I .

STATE OF NORTH CAR.OLINA
DEPARTMENT OF JUSTICE
R.OY COOPER P.O. Box 629 REPLY To: MARY L. LuCASSE
ATTORNEY C NERAL RAmGH, NC 27602 ENVIRONMENTAL DIVISION
Ma- (919) 7I6-6962
FAX: [phone]
mducasse @ncdoj.gov
March 1, 2012
Atlantic Telephone Membership Corp. CERTIFIED MAIL
Attn: Jerry Barefoot RETURN RECEIPT REQUESTED
P.O. Box 3198
Shallotte, NC 28459
Re: Variance Request for Coastal Area Management Act (CAMA) Permit,
CRC-VR-11-012
Dear Mr. Barefoot:
At its February 8, 2012 meeting, the Coastal Resources Commission granted Atlantic
Telephone Membership Corporation's request for a variance. Attached is a copy of the Final
Order, signed by the Vice Chair of the Coastal Resources Commission. Prior to undertaking the
development for which a variance was sought, ATMC must first obtain a CAMA permit from the
local permitting authority or the Division of Coastal Management.
If for some reason you do not agree to the variance as issued, you have the right to appeal
the Coastal Resources Commission's decision by filing a petition for judicial review in the
superior court of Brunswick County within thirty days after receiving the order. A copy of the
judicial review petition must be served on the Coastal Resources Commission's agent for service
of process at the following address:
Mary Penny Thompson, General Counsel
Dept. of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 20112

Jerry Barefoot
March 1, 2012
Page 2
If you choose to file a petition for judicial review, I request that you also serve a copy of
the petition for judicial review on me at the address listed in the letterhead. If you have any
questions, please feel free to contact me.
ssVy
:al eputy General and
I for the Coastal Resources Commission
cc: William A. Raney, Jr., electronically and U.S. Mail
Amanda Little, Esq. electronically
Robert R. Emory, Jr. electronically
Braxton Davis, electronically
Angela Willis, electronically

STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
IN THE MATTER OF:
PETITION FOR VARIANCE
BY
ATLANTIC TELEPHONE MEMBERSHIP
CORPORTION, INC.
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC-VR-12
FINAL ORDER
GRANTING VARIANCE
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) with Vice
Chair Joan Weld Presiding on February 8, 2012 in Beaufort, North Carolina pursuant to N.C.
Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700, et seq. Assistant Attorney General Amanda
P. Little, Esq. appeared for the Department of Environment and Natural Resources, Division of
Coastal Management. William A. Raney, Jr., Esq. appeared on behalf of Petitioner Atlantic
Telephone Membership Corporation, Inc. (hereinafter "Petitioner" or "ATMC").
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. The Petitioner, Atlantic Telephone Membership Corporation (ATMC or
Company) is a telephone membership corporation providing telephone, internet, and cable and
wireless communication services to Brunswick County, North Carolina.
2. The Company currently provides telephone and related services to Bald Head
Island by wireless transmissions.
3. On or about December 1, 2011, Petitioner applied to DCM for a CAMA minor
permit for the placement of a fiber optic cable connection from existing ATMC facilities on Oak
Island to Bald Head Island to provide a land line and to increase the reliability, quality and
RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2012

capacity of services to Bald Head which is now dependent on microwave and satellite
technology.
4. DCM staff act as the permit processing agent in the Town of Caswell Beach
(Town), as Caswell Beach has no LPO program. While a small portion of the project is in Oak
Island, most of the project, and all of the section needing a variance, is located within Caswell
Beach.
5. The CAMA permit requested by the Company is to authorize the installation of an
underground fiber optic cable from a substation on Oak Island to a Progress Energy splice
cabinet at the Baptist Assembly property at Fort Caswell on the west bank of the mouth of the
Cape Fear River and to connect this cable to a fiber optic already installed in a conduit by
Progress Energy that goes under the Cape Fear River to a splice cabinet on Bald Head Island.
Most of the cable is proposed to be placed in the right-of-way of Caswell Beach Road (SR 1100).
6. The underground cable will be installed over a distance of 22,128 linear feet.
7. The portion of Caswell Beach Road that is the subject of this variance request is
in the Ocean Erodible Area AEC as defined in CRC Rule 15A NCAC 7H .0304.
8. There are two segments of the project, one of 1,170 linear feet and one of 1,800
linear feet, where the cable is proposed to be located within the Ocean Hazard setback as defined
in 15A NCAC 7H .0306(a). However, all of the proposed cable installation and related
development activity will be landward of the applicable vegetation line or measurement line.
9. On December 20, 2011, DCM denied Petitioner's CAMA permit application due
to portions of the project not meeting the applicable ocean erosion setbacks of 15A NCAC 7H
.0306(a)(2)(i).
RECEIVED
DCM WILMINGTON, NC 2
MAR 0 2 2012

10. The portion of the cable in the Town of Caswell Beach will be within the right-of-
way of Caswell Beach Road which runs parallel to the ocean shoreline for the entire length of
Caswell Beach.
11. Petitioner has obtained an easement from DOT to place the cable in the right-of-
way of Caswell Beach Road.
12. All of the cable that will be located within the Ocean Hazard setback is located on
the landward side of Caswell Beach Road, except for about 170 linear feet which crosses to the
ocean side of the road in the vicinity of the pump station for the Progress Energy cooling water
canal.
13. The applicant prefers for this 170 linear feet of fiber optic cable to cross from the
north side of the road to the south side in the vicinity of the Progress Energy pump station to
avoid other utility lines on the north side of the road, but the applicant is willing to continue the
lines on the north side of the road for the necessary distance to avoid encroachment into the
setback for this portion of the project requiring a variance.
14. At the point where the proposed cable crosses to the ocean side of Caswell Beach
Road there are residential structures located on the south side of Caswell Beach Road.
15. The current Ocean Hazard setback for the project area measured form the
vegetation line or static vegetation line varies in width from 60-feet to 165-feet depending on the
long-term annual erosion rate applicable to various segments of the shoreline.
16. For the portion of the cable needing a variance, the applicable average annual
erosion rates currently range from 3.5-feet per year to 5.5-feet per year.
17. DCM has completed an update of the long-term average annual erosion rate for
3
RECEIVED
DCM WILMINGTON, N
MAR 0 2 2012

the North Carolina coast which, for Caswell Beach, reduces the long-term annual erosion rate to
2-feet per year for the entire project area, including the variance area. While this new rate has not
yet been adopted by the CRC or used for permitting purposes, it was presented to the CRC at its
May 2011 meeting, and was then sent out for fiscal analysis and public hearing. The fiscal
analysis is still ongoing, so no public hearings have been held to date.
18. If the new erosion rate is adopted, the entire project area will be subject to a 60-
foot setback based on a 2-foot per year average annual erosion rate, and the entire project
proposed by the applicant will comply with the ocean hazard setback.
19. Details of the installation of the cable are contained in the Project Narrative.
20. Approximately 500-feet of the 1,170-foot segment will be installed in an existing
conduit.
21. No objections to this project were received during DCM's permit review.
22. The Power -Point presentation includes site photographs and maps submitted with
the permit application showing the overall project, and the specific areas where the variance is
requested.
23. Petitioner requests this variance to develop the project as proposed in its
application materials.
24. Petitioner and Respondent stipulated to the following exhibits which were
presented to the Commission for consideration before the variance hearing:
a. Minor Permit Application form with Ocean Hazard Disclosures form
b. Project Narrative for installation of the cable
c. Petitioner's easement from DOT
d. DCM's Denial Letter
e. Power -point with site photos, Maps 5-9, and a copy of the proposed (but not adopted)
RECEIVED new erosion rates for Caswell Beach
DCM WILMINGTON, NC
MAR 0 2 2012 4

CONCLUSIONS OF LAW
1 _ The CRC has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has demonstrated that strict application of Rule 15A NCAC 7H
.0306(a)(2)(i) to the permit application will result in unnecessary hardship. Specifically,
Petitioner is proposing to enhance its telephone and wireless services to Bald Head Island by
installation of a fiber optic cable to connect Bald Head to the company's facilities on the
mainland. The service enhancement involves connecting an existing substation on Oak Island
with an existing fiber optic cable under the Cape Fear River at Fort Caswell on the west bank of
the mouth of the Cape Fear River. To make the connection it is necessary to lay underground
fiber optic cable from the substation to a splice box at the North Carolina Baptist Assembly
property at Fort Caswell. The logical and practical location for laying such a line in a fully
developed area such as Caswell Beach is by using the right-of-way of existing roads where
utility lines are generally located. Strict application of the ocean hazard setback causes an
unnecessary hardship on the applicant by effectively preventing the applicant from installing the
fiber optic line the most practical and feasible location. Thus, the Commission affirmatively
finds that strict application of Rule 15A NCAC 7H .0306(a)(2)(1) would cause an unnecessary
hardship by preventing Petitioner installing the fiber optic line in the existing road right -of way
and Petitioner has met the first factor required in order for the Commission to grant a variance.
4. Petitioner has demonstrated that this hardship results from conditions peculiar to
Petitioner's property such as the location, size, or topography of the property. Specifically, the
project is located within the existing right-of-way for Caswell Beach Road. This is the only state
RECEIVED
DCM WILMINGTON, NC
5 MAR 0 2 2012

maintained highway providing a route for the cable to Fort Caswell. The entire width of the
right-of-way is within the ocean hazard area setback for most of the area where the variance is
sought. While the location of a single public highway along a barrier island is not unique to
Caswell Beach, it is a peculiar circumstance that requires special consideration in providing
much needed utility services to persons in existing communities. Furthermore, the placement of
the fiber optics cable is limited because as a result of the excavation for the Brunswick Nuclear
Plant cooling water outfall canal, which runs across the island, there is little high ground suitable
for placement of the cable in the middle of the Town. Because of the unique geographic features
of the island, including the bottle -neck formed by the canal and the ocean shoreline, the possible
locations for the proposed cable are limited. Such conditions are peculiar to Petitioner's
easement property and result in a hardship. Thus, the Commission affirmatively finds that
Petitioner's hardship is caused by conditions peculiar to the easement property and Petitioner
meets the second factor required for a variance.
5. The Petitioner has demonstrated that this hardship does not result from actions
taken by Petitioner. Specifically, the hardship results from the fact that the state highway is
within the setback area. The highway was built well before CAMA was enacted and the
applicant has no control over the erosion rate or the location of the road. Other routes would be
problematic due to the inability to use the existing conduit, the difficulty in acquiring easements
from multiple owners, the need to avoid the highly secured and regulated area around the cooling
water outfall canal for the Progress Energy Brunswick Nuclear Plant, and the need to avoid other
utility lines. Thus, the Commission affirmatively finds that Petitioner did not cause the hardship
and mec"4eJiirrd factor required in order for a variance to be granted.
CCM WILMINGTO . NC
MAR 0 2 2012 6

6. The Petitioner has demonstrated (a) that the requested variance is consistent with
the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety and
welfare, and (c) that it will preserve substantial justice. Specifically, the Commission finds that
Petitioner has shown the following:
a. Consistent with the Spirit Purpose and Intent of the Rule. The intent of the rule is
to prevent development which will likely be lost or damage due to erosion within a short period
of time. The area where the cable encroaches into the ocean hazard setback is an area where
current long-term erosion rates have changed but the change has not yet been incorporated in the
CRC rules. Once the new erosion rates are officially adopted the proposed ralule ,,:�; ,,,,t Cc
located in the setback based on the current vegetation line. T-" road along which the cable will
be placed serves as the uniy access to areas of significant development including a US Coast
Guard station, the North Carolina Baptist Assembly at Fort Caswell and over 150 single family
dwellings. The Commission expects that all reasonable efforts will be made to maintain and
protect this vital road and the other utility services already located within the right-of-way. The
addition of the fiber optic line will not increase the risk or expense in protecting this existing
right-of-way.
b. Variance requested will Secure Public Safety and Welfare. Fiber optic service to
Bald Head will provide a significant benefit to emergency medical serv;'_'_Z; ;uid other public
safety officials on Bald Head and the mainland by enabling them to maintain more secure and
reliable communications. This is particularly important for emergency medical services, severe
weather situations and law enforcement activities. The municipal government of 1Bald Head will
benefit by improved and more reliable wireless data services and better wireless communication
7 RECEIVED
DCM WILMINGTON, NC
MAR 0 2 2012

on the island and with the mainland.
c. Variance will Preserve Substantial Justice. Justice is preserved by allowing a public
utility service provider to provide quality service to all of its customers and by allowing all
residents of existing residential communities to have access to high quality utility services.
For these reasons, the Commission affirmatively finds that Petitioner has satisfied the
fourth requirement by showing that the requested variance meets the spirit, purpose, and intent of
the rules, secures Public safety and welfare and preserves substantial justice.
ORDER
EIREFORE, the variance from 15A NCAC 7H. 0306(a)(2)(1) is GRANTED. The
granting of this variance dues not relieve Petitioner of the responsibility for obtaining a CAMA
permit from the proper permitting authority. This variance is based upon the Stipulated Facts set
forth above. The Commission reserves the right to reconsider the granting of this van�nce and to
take any appropriate action should it be shown that any of the above Stipulated Facts is not true.
This the � day of February, 2012.
Joan eld, Vice Chair
C oas 1 Resources Commission
RECEIVED
DCM WILMINGTON, NC 8
MAR 022012

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL ORDER upon the
parties by the methods indicated below:
Atlantic TelMembership Corp. Certified Mail/Return Receipt Requested
Attn: Jerry Barefoot
P.O. Box 3198
Shallotte, NC 28459
W.A. Raney, Jr. US Mail and Electronically at
Wessell & Raney, L.L.P. [e-mail]
P.O. Box 1049
Wilmington, NC 28402
Amanda Little, Esq. Electronically at
Assistant Attorney General
[e-mail]
N.C. Department of Justice
400 Commerce Avenue
Morehead City, NC 28557
Braxton Davis Electronically at
ncdenr.gov
Division of Coastal Management [e-mail]
400 Commerce Avenue
Morehead City, NC 28557
Angela Willis Electronically at
Division of Coastal Management [e-mail]
400 Commerce Avenue
Morehead City, NC 28557
This the I" day of March, 2012.
Sp ial p6putY Attorney General
N. epartment of Justice
P.O. Box629 RECEIVED
Raleigh, N. C. 27602 DCM 1�lILMINGip,ti NC
commission CC'. nacl
MAR 0 2 2012
9

Final Variance facts (Wednesday 150pm)
1. The Petitioner, Atlantic Telephone Membership Corporation (ATMC or Company) is a
telephone membership corporation providing telephone, internet, cable and wireless
communication services to Brunswick County, North Carolina.
2. The Company currently provides telephone and related services to Bald Head Island by
wireless transmissions.
3. On or about December 1, 2011, Petitioner applied to DCM for a CAMA minor permit for
the placement of a fiber optic cable connection from existing ATMC facilities on Oak
Island to Bald Head Island to provide a land line and to increase the reliability, quality
and capacity of services to Bald Head which is now dependent on microwave and
satellite technology. A copy of the permit application is attached.
4. DCM staff act as the permit processing agent in Caswell Beach, as Caswell Beach has no
LPO program. While a small portion of the project is in Oak Island, most of the project,
and all of the section needing a variance, is located within Caswell Beach.
5. The CAMA permit requested by the Company is to authorize the installation of an
underground fiber optic cable from a substation on Oak Island to a Progress Energy
splice cabinet at the Baptist Assembly property at Fort Caswell on the west bank of the
mouth of the Cape Fear River and to connect this cable to a fiber optic already installed
in a conduit by Progress Energy that goes under the Cape Fear River to a splice cabinet
on Bald Head Island. Most of the cable is proposed to be placed in the right-of-way of
Caswell Beach Road (SR 1100).
6. The underground cable will be installed over a distance of 22,128 linear feet.
7. The portion of Caswell Beach Road that is the subject of this variance request is in the
Ocean Erodible Area AEC as defined in CRC Rule 15A NCAC 7H .0304.
8. There are two segments of the project, one of 1,170 linear feet and one of 1,800 linear
feet, where the cable is proposed to be located within the Ocean Hazard setback as
defined in 15A NCAC 711.0306(a). However, all of the proposed cable installation and
related development activity will be landward of the applicable vegetation line or
measurement line.
9. On December 20, 2011, DCM denied Petitioner's CAMA permit application due to
portions of the project not meeting the applicable ocean erosion setbacks of 15A NCAC
7H .0306(a)(2)(i). A copy of the pe! rnit denial letter is attached.

10. The portion of the cable in the Town of Caswell Beach will be within the right-of-way of
Caswell Beach Road which runs parallel to the ocean shoreline for the entire length of
Caswell Beach.
11. Petitioner has obtained an easement from DOT to place the cable in the right-of-way of
Caswell Beach Road, a copy of which is attached.
12. All of the cable that will be located within the Ocean Hazard setback is located on the
landward side of Caswell Beach Road, except for about 170 linear feet which crosses to
the ocean side of the road in the vicinity of the pump station for the Progress Energy
cooling water canal.
13. The applicant prefers for this 170 linear feet of fiber optic cable to cross from the north
side of the road to the south side in the vicinity of the Progress Energy pump station to
avoid other utility lines on the north side of the road, but the applicant is willing to
continue the lines on the north side of the road for the necessary distance to avoid
encroachment into the setback for this portion of the project requiring a variance.
14. At the point where the proposed cable crosses to the ocean side of Caswell Beach Road
there are residential structures located on the south side of Caswell Beach Road.
15. The current Ocean Hazard setback for the project area measured from the vegetation line
or static vegetation line varies in width from 60-feet to 165-feet depending on the long-
term annual erosion rate applicable to various segments of the shoreline.
16. For the portion of the cable needing a variance, the applicable average annual erosion
rates currently range from 3.5-feet per year to 5.5-feet per year.
17. DCM has completed an update of the long-term average annual erosion rate for the North
Carolina coast which, for Caswell Beach, reduces the long-term annual erosion rate to 2-
feet per year for the entire project area, including the variance area. While this new rate
has not yet been adopted by the CRC or used for permitting purposes, it was presented to
the CRC at its May 2011 meeting, and was then sent out for fiscal analysis and public
hearing. The fiscal analysis is still ongoing, so no public hearings have been held to date.
A copy of the map showing the current and proposed new erosion rates for Caswell
Beach are attached.
18. If the new erosion rate is adopted, the entire project area will be subject to a 60-foot
setback based on a 2-feet per year average annual erosion rate, and the entire project
proposed by the applicant will comply with the ocean hazard setback.
19. Details of the installation of the cable are contained in the Proiect'T.,rrative attached.
20. Approximately 500-feet of the 1,1 70 'It Jegment will be installed in an existing conduit.

21. No objections to this project were received during DCM's permit review.
22. The Power -Point presentation, attached, includes site photographs and maps submitted
with the permit application showing the overall project, and the specific areas where the
variance is requested.
23. Petitioner requests this variance to develop the project as proposed in its application
materials.

STATE OF NORTH CAROLINA
COUNTY OF BRUNS WICK
IN THE MATTER OF:
PETITION FOR VARIANCE
BY
ATLANTIC TELEPHONE MEMBERSHIP
CORPORTION, INC.
BEFORE THE NORTH CAROLINA
COASTAL RESOURCES COMMISSION
CRC-VR-12
FINAL ORDER
GRANTING VARIANCE
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter CRC) with Vice
Chair Joan Weld Presiding on February 8, 2012 in Beaufort, North Carolina pursuant to N.C.
Gen. Stat. § 113A-120.1 and 15A NCAC 7J .0700, et seq. Assistant Attorney General Amanda
P. Little, Esq. appeared for the Department of Environment and Natural Resources, Division of
Coastal Management. William A. Raney, Jr., Esq. appeared on behalf of Petitioner Atlantic
Telephone Membership Corporation, Inc. (hereinafter "Petitioner" or "ATMC").
Upon consideration of the record documents and the arguments of the parties, the CRC
adopts the following:
STIPULATED FACTS
1. The Petitioner, Atlantic Telephone Membership Corporation (ATMC or
Company) is a telephone membership corporation providing telephone, internet, and cable and
wireless communication services to Brunswick County, North Carolina.
2. The Company currently provides telephone and related services to Bald Head
Island by wireless transmissions.
3. On or about December 1, 2011, Petitioner applied to DCM for a CAMA minor
permit for the placement of a fiber optic cable connection from existing ATMC facilities on Oak
Island to Bald Head Island to provide a land line and to increase the reliability, quality and
RS
MAR 0 2 2012

capacity of services to Bald Head which is now dependent on microwave and satellite
technology.
4. DCM staff act as the permit processing agent in the Town of Caswell Beach
(Town), as Caswell Beach has no LPO program. While a small portion of the project is in Oak
Island, most of the project, and all of the section needing a variance, is located within Caswell
Beach.
5. The CAMA permit requested by the Company is to authorize the installation of an
underground fiber optic cable from a substation on Oak Island to a Progress Energy splice
cabinet at the Baptist Assembly property at Fort Caswell on the west bank of the mouth of the
Cape Fear River and to connect this cable to a fiber optic already installed in a conduit by
Progress Energy that goes under the Cape Fear River to a splice cabinet on Bald Head Island.
Most of the cable is proposed to be placed in the right-of-way of Caswell Beach Road (SR 1100).
6. The underground cable will be installed over a distance of 22,128 linear feet.
7. The portion of Caswell Beach Road that is the subject of this variance request is
in the Ocean Erodible Area AEC as defined in CRC Rule 15A NCAC 7H .0304.
8. There are two segments of the project, one of 1,170 linear feet and one of 1,800
linear feet, � here the cable is proposed to be located within the Ocean Hazard setback as defined
in 15A NCAC 7H .0306(a). However, all of the proposed cable installation and related
development activity will be landward of the applicable vegetation line or measurement line.
9. On December 20, 2011, DCM denied Petitioner's CAMA permit application due
to portions of the project not meeting the applicable ocean erosion setbacks of 15A NCAC 7H
0306(a)(2)(i).
2

10. The portion of the cable in the Town of Caswell Beach will be within the right-of-
way of Caswell Beach Road which runs parallel to the ocean shoreline for the entire length of
Caswell Beach.
11. Petitioner has obtained an easement from DOT to place the cable in the right-of-
way of Caswell Beach Road.
11 All of the cable that will be located within the Ocean Hazard setback is located on
the landward side of Caswell Beach Road, except for about 170 linear feet which crosses to the
ocean side of the road in the vicinity of the pump station for the Progress Energy cooling water
canal.
13. The applicant prefers for this 170 linear feet of fiber optic cable to cross from the
north side of the road to the south side in the vicinity of the Progress Energy pump station to
avoid other utility lines on the north side of the road, but the applicant is willing to continue the
lines on the north side of the road for the necessary distance to avoid encroachment into the
setback for this portion of the project requiring a variance.
14. At the point where the proposed cable crosses to the ocean side of Caswell Beach
Road there are residential structures located on the south side of Caswell Beach Road.
15. The current Ocean Hazard setback for the project area measured form the
vegetation line or static vegetation line varies in width from 60-feet to 165-feet depending on the
long-term annual erosion rate applicable to various segments of the shoreline.
16. For the portion of the cable needing a variance, the applicable average annual
erosion rates currently range from 3.5-feet per year to 5.5-feet per year.
17. DCM has completed an update of the long-term average annual erosion rate for
3

the North Carolina coast which, for Caswell Beach, reduces the long-term annual erosion rate to
2-feet per year for the entire project area, including the variance area. While this new rate has not
yet been adopted by the CRC or used for permitting purposes, it was presented to the CRC at its
May 2011 meeting, and was then sent out for fiscal analysis and public hearing. The fiscal
analysis is still ongoing, so no public hearings have been held to date.
18. If the new erosion rate is adopted, the entire project area will be subject to a 60-
foot setback based on a 2-foot per year average annual erosion rate, and the entire project
proposed by the applicant will comply with the ocean hazard setback.
19. Details of the installation of the cable are contained in the Project Narrative.
20. Approximately 500-feet of the 1,170-foot segment will be installed in an existing
conduit.
21. No objections to this project were received during DCM's permit review.
22. The Power -Point presentation includes site photographs and maps submitted with
the permit application showing the overall project, and the specific areas where the variance is
requested.
23. Petitioner requests this variance to develop the project as proposed in its
application materials.
24. Petitioner and Respondent stipulated to the following exhibits which were
presented to the Commission for consideration before the variance hearing:
a. Minor Permit Application form with Ocean Hazard Disclosures form
b. Project Narrative for installation of the cable
c. Petitioner's easement from DOT
d. DCM's Denial Letter
e. Power -point with site photos, Maps 5-9, and a copy of the proposed (but not adopted)
new erosion rates for Caswell Beach
4

CONCLUSIONS OF LAW
1. The CRC has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has demonstrated that strict application of Rule 15A NCAC 7H
.0306(a)(2)(1) to the permit application will result in unnecessary hardship. Specifically,
Petitioner is proposing to enhance its telephone and wireless services to Bald Head Island by
installation of a fiber optic cable to connect Bald Head to the company's facilities on the
mainland. The service enhancement involves connecting an existing substation on Oak Island
with an existing fiber optic cable under the Cape Fear River at Fort Caswell on the west bank of
the mouth of the Cape Fear River. To make the connection it is necessary to lay underground
fiber optic cable from the substation to a splice box at the North Carolina Baptist Assembly
property at Fort Caswell. The logical and practical location for laying such a line in a fully
developed area such as Caswell Beach is by using the right-of-way of existing roads where
utility lines are generally located. Strict application of the ocean hazard setback causes an
unnecessary hardship on the applicant by effectively preventing the applicant from installing the
fiber optic line the most practical and feasible location. Thus, the Commission affirmatively
finds that strict application of Rule 15A NCAC 7H .0306(a)(2)(i) would cause an unnecessary
hardship by preventing Petitioner installing the fiber optic line in the existing road right -of way
and Petitioner has met the first factor required in order for the Commission to grant a variance.
4. Petitioner has demonstrated that this hardship results from conditions peculiar to
Petitioner's property such as the location, size, or topography of the property. Specifically, the
project is located within the existing right-of-way for Caswell Beach Road. This is the only state
1?

on the island and with the mainland.
c. Variance will Preserve Substantial Justice. Justice is preserved by allowing a public
utility service provider to provide quality service to all of its customers and by allowing all
residents of existing residential communities to have access to high quality utility services.
For these reasons, the Commission affirmatively finds that Petitioner has satisfied the
fourth requirement by showing that the requested variance meets the spirit, purpose, and intent of
the rules, secures Public safety and welfare and preserves substantial justice.
e ;_I ;
THEREFORE, the variance from 15A NCAC 7H. 0306(a)(2)(1) is GRANTED. The
granting of this variance does not relieve Petitioner of the responsibility for obtaining a CAMA
permit from the proper permitting authority. This variance is based upon the Stipulated Facts set
forth above. The Commission reserves the right to reconsider the granting of this variance and to
take any appropriate action should it be shown that any of the above Stipulated Facts is not true.
This the '!Ia day of February, 2012.
Joan eld, Vice Chair
Coas 1 Resources Commission
E

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL ORDER upon the
parties by the methods indicated below:
Atlantic Telephone Membership Corp.
Certified Mail/Return Receipt Requested
Attn: Jerry Barefoot
P.O. Box 3198
Shallotte, NC 28459
W.A. Raney, Jr.
U.S. Mail and Electronically at
Wessell & Raney, L.L.P.
[e-mail]
P.O. Box 1049
Wilmington, NC 28402
Amanda Little, Esq.
Electronically at
Assistant Attorney General
Amanda. [e-mail]
N.C. Department of Justice
400 Commerce Avenue
Morehead City, NC 28557
Braxton Davis
Electronically at
Division of Coastal Management
[e-mail]
400 Commerce Avenue
Morehead City, NC 28557
Angela Willis
Electronically at
Division of Coastal Management
Angela. [e-mail]
400 Commerce Avenue
Morehead City, NC 28557
This the I" day of March, 2012.
Spedial_P6puty Attorney General
N. epartment of Justice
P.O. Box 629
Raleigh, N. C. 27602
Commission Counsel
6

Beverly Eaves Perdue
Governor
December 20, 2011
ATMC
c/o Mr. Scott Dutton
PO Box 3198
Shallotte, NC 28459
[e-mail]
ZA
��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis
Director
RE: DENIAL OF CAMA MINOR DEVELOPMENT PERMIT
APPLICATION NUMBER- Cas 11-05
PROJECT ADDRESS- Elizabeth Dr.- County Club Dr. -Caswell Beach Road -Ft. Caswell
Dear Mr. Dutton:
Dee Freeman
Secretary
After reviewing your application in conjunction with the development standards required by the Coastal Area Management Act
(CAMA) and our locally adopted Land Use Plan and Ordinances, it is my determination that no permit may be granted for the project
which you have proposed.
This decision is based on my findings that your request violates NCGS 11 3A-1 20(a)(8) which requires that all applications be
denied which are inconsistent with CAMA guidelines. You have applied to install a fiber optic cable line within the right-of-way from
Elizabeth Drive east to Country Club Drive to Caswell Beach Rd east to Fort Caswell which is inconsistent with 15 NCAC 7H
.0306(a)(2)(i), which states that: "Infrastructure that is linear in nature such as (... ] utilities providing for the transmission of electricity,
water, telephone, cable television, data, stormwater and sewer requires a minimum setback of 60 feet or 30 times the shoreline erosion
rate, whichever is greater".
Should you wish to appeal my decision to the Coastal Resource Commission or request a variance from that group, please
contact me so I can provide you with the proper forms and any other information you may require. The Division of Coastal
Management in Morehead City must receive appeal notices within twenty (20) days of the date of this letter in order to be considered.
Respectfully yours,
Heather Coats
Field Representative
cc: Wilmington Files
Ted Tyndall, DCM
127 Cardinal Drive Ext., Wilmington, NC 28405 One
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net NorthCarolina

ATMC Project Narrative
Caswell Beach Route
The Atlantic Telephone Membership Corporation ("ATMC") proposes to install
22,128 linear feet of fiber optic conduit in the road base of existing, maintained
road right-of-way in the City of Caswell Beach, Brunswick County. An
encroachment agreement has been made with the North Carolina Department of
Transportation that is attached to this application.
Three methods of construction are proposed: install fiber in existing conduit,
static plow slit trenching, and directional bore. There is approximately 1484 feet
of existing conduit in Caswell Beach where new fiber will be pulled through the
conduit. This area is shown on the project drawings.
During typical plowing operation, the plow blade on the static plow disturbs an
area of approximately 3-4 inches in width. Our calculations for surface
disturbance used a plow blade/disturbance width of 8 inches as a safety factor.
The plow is also set up as an all -in -one operation in that the blade opens a slit
trench, places the conduit and then closes and compacts the trench all in one
operation. In most cases it is nearly impossible to tell the plow has been through
an area, especially if it is within an existing road right-of-way.
The disturbance associated with properly operated small directional drilling rigs is
almost imperceptible once the drill finishes a bore. An average 2' x 2'
disturbance area for each entry and exit site associated with the small drill rig
set-up is typical. The rig entry hole is very small (diameter of the drill stem) and
has no pit and the exit area is much the same. In some instances, a small pit
might be created. For the purpose of estimating disturbance, we have used a
standardized area of disturbance equal to a 2'x2' area for each set-up site (entry
& exit). Even though the process is very costly, significantly more boring is being
incorporated than originally estimated at the outset of this project in order to
reduce disturbance impacts and also to clear existing buried utilities.
During directional bore operations, a 2' x 3' handhole is dug approximately every
2,200 feet. These small, temporary areas of disturbance will be backfilled with
segregated soils and stabilized in accordance with approved best management
practices including but not limited to mulch, erosion control blankets or sod.
The project is not anticipated to produce any impact to native geology or special
soils, critical farmlands, biological resources, wetlands and/or threatened and
endangered species. Evaluation of the proposed project indicates no anticipated
impact to land use, zoning issues, coastal resources, air quality, noise, traffic
patterns, public health and safety. There are no known cumulative or secondary
impacts associated with the proposed project.
RECEIVED
DCM WILMINGTON, NC

The proposed construction will not alter existing ground elevations. The route
alignments are designed to make use of existing and maintained transportation
and utility corridors, thus eliminating the need to clear new right-of-way or disturb
natural habitat. No clearing or removal of vegetation is proposed for purposes of
stockpiling equipment or materials. Rather, equipment will be parked overnight
at existing ATMC locations in Caswell. Materials such as conduit will be on a
double axle trailer, which will move with the mobile work unit.
During initial pre -application teleconferences with CAMA District LPO
Coordinator Heather Coats, it was discovered that approximately 500 linear feet
of shoreline on Caswell Beach and all of Ft. Caswell did not have established
static vegetation lines. Subsequently, Ms. Coats determined the appropriate
location of the lines and staked both areas in the field. ATMC surveyors located
the stakes and submitted the latitude/longitude data to Phoenix. Those newly -
established lines are shown on the attached exhibits.
The setback lines are calculated using the CAMA "A" line, where the setback
factor of a given area is multiplied by 30 to determine the setback from the static
vegetation line. This information is shown on the exhibits so it is apparent how
the cable line relates to the setbacks. Based on this information, it appears the
new cable will be waterward of the setback line in two areas on Caswell Beach.
The western area is approximately 1170 feet in length, and the eastern area is
approximately 1800 feet in length. We understand that, if this is the case, a
variance may need to be requested for those areas.
In summary, total disturbance for the Caswell Beach/ Fort Caswell project is
3,986 square feet spread out over the 4.19 miles of route alignment. Fort
Caswell is 2,687 sq ft of disturbance and Caswell Beach is 1,299 sq ft of
disturbance.
Based on the techniques described, ATMC anticipates very minimal disturbance.
The majority of the alignment is located approximately six feet from the edge of
pavement, except in the area near the Lady Bird Canal outflow where the offset
from edge of pavement will be closer to eight feet off the edge.
This project entails a significant public interest component as EMS / first
responder communication upgrades are part of the network enhancement.
Details of the project disturbance and assumptions used are found below:
CASWELL BEACH:
Total construction length 17,691 linear feet RECEIVED
DCM WILMINGT©N, NC
Length of existing conduit: 1484 linear feet DEC 0
1 2011
Length bored: 14,438 linear feet

Handhole spacing every 2,200 feet = 7 handholes
Handhole disturbance 6 sf. X 7 handholes = 42 square feet
Entry/exit point spacing 750 feet between handholes = 3 entry/exit points per
2,200 ft. segment
Entry/exit point disturbance 4 sq. ft X 3 per segment. = 12 sq. ft. per segment
Number of 2,200 ft. segments = 6
Entry/exit point disturbance 6 segments X 12 sq. ft. per segment = 72 square feet
Length static plow: 1,769 linear feet
Width plow disturbance 0.67 ft. (8")
Plow disturbance 0.67 ft. X 1769 ft. = 1,185 square feet
TOTAL CASWELL BEACH LAND DISTURBANCE
Handholes 42 sq. ft
Entry/exit points 72 sq. ft.
Plow 1,185 sq. ft.
GRAND TOTAL 1,299 SQ. FT. = 0.029 AC.
Spread out over the 17,691 feet of the installation
This equates to 388 square feet of disturbance per mile (3.35 miles of route).
FORT CASWELL
Total project length: 4,437 linear feet
Length bored 444 linear feet
Handhole at each end = 2 handholes
Handhole disturbance 6 sq. ft. X 2 handholes = 12 square feet
Length static plow: 3,993 ft.
RECEIVED
Width plow disturbance 0.67ft. (8") DCM WILMIN
Plow disturbance 0.67 ft. X 3993 ft. = 2,675 square feet GT�N NC
FORT CASWELL LAND DISTURBANCE DEC 0 1 2011
Handholes 12 sq. ft.
Plow 2,675 sq. ft.
GRAND TOTAL 2,687 SQ. FT. = 0.062 acres
Spread out over the 4,437 feet of the installation
This equates to 3199 square feet of disturbance per mile (0.84 miles of route).

A����
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue Braxton C. Davis
Governor Director
December 7, 2011
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: ATMC MINOR Public Notice
Kyle: Please publish the attached Notice in the Friday, December 9, 2011 issue.
Dee Freeman
Secretary
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the original affidavit of the published notice to Melissa
Sabastian, 400 Commerce Avenue, Morehead City, N.C. 28557 [phone].
Please send the original invoice and a copy of the affidavit for payment to Shaun Simpson at Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226.
Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a fax of the
credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
Sincerely,
Shau impso
Permit Suppo :ician
Enclosure
cc: File Copy
Michele Walker DCM
127 Cardinal Drive Ext.. Wilminaton. NC 28405 . Pne. .-1 ,

CAMA MINOR PERMIT NOTICE
Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agency
authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that on
December 1, 2011, ATMC applied for a CAMA Minor Permit to install fiber optic conduit in the Town
of Caswell Beach right-of-way, within the CAMA Ocean Hazard AEC, in Caswell Beach, Brunswick
County. The application may be inspected at the address below. Public comments received by
December30, 2011 will be considered. Later comments will be accepted and considered up to the
time of permit decision. Project modifications may occur based on further review and comments.
Notice of the permit decision in this matter will be provided upon written request.
Heather Coats
Field Representative
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]

AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA �- ` /L
COUNTY OF NEW HANOVER 7m- cl le
CAMA MINOR PERMIT NOTICE
Pursuant to NCG5 113A-119(b), the
North Carolina Division of Coastal
Management, an agency authuiized
to issce CAMA permits in areas of
envir:;nmental concern, hereby
Ves ,AOTICE that on December 1,
11aTMC applied for a CAMA Mi-
nor Permit to install fiber optic con-
duit in the Town of Caswell Beach
right-of-way, within the CAMA
Ocean Hazard AEC, in Caswell
Beach, Brunswick County. The ap-
plication may be inspected at the
address below. Public comments
received by December 30, 2011 will
be considered. Later comments will
be accepted and considered up to
the time of permit decision. Project
modifications may occur based on
further review and comments. No-
tice of the permit decision in this
matter will be provided upon writ-
ten request.
Heather Coats, Field Representative
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington 'NC 28405-3845
Phone: [phone]
Before the undersigned, a Notary Public of Said County and State,
Keith Raffone
Who, being duly sworn or affirmed, according to the law, says that he/she is
Controller
of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of
North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington
CAMA MINOR PERMIT NOTICE Pursuant to NCGS I13A-119b, the North Carolina Division
of Coastal Management, an agency authorized to issue CAMA permits in areas of
environmental concern, hereby gives NOTICE that on December 1, 2011, ATMC applied for a
CAMA Min
was inserted in the aforesaid newspaper in space, and on dates as follows:
1219 Ix
And at the time of such publication Star -News was a newspaper meeting all the requirements and
qualifications prescribed by Sec. No. 1-597 G.S. of N.C.
IdTitle: Controller
worn or affirmed to, and s ibed before me this __ /"�A_
A.D.,
In Testimony Whereof, I have hereunto set my hand and affixed
year aforesaid.
L - D
My commission expires day of , 20_
���`•��QJE 1-.. 0,
0111,
dajABTAi�), ?'
offi i6IGthe dag.
otary Public
►Ji,t G,&M ISSIOW EXPIRES91142012
Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court that the said
publication was duly and properly made and that the summons has been duly and legally served on the defendant(s).
This day of
Clerk of Superior Court

OCEAN HAZARD AEC NOTICE
Project is In an: Ocean Erodible Area ✓_ High Hazard Flood Area _, Inlet Hazard Area
Property Owner:
Property Address:
Date Lot Was Platted: _
a
This notice is intended to make you, the applicant, awary of the
special risks and conditions associated with development in this
Alva, who, ii r .ubjL(.t to natural barards such as storms, crosion
and cuncat I fir roles of file Coastal Resources Commission
require flirt >,srP ir.cive an Al C Ilazartt Notice and
If acknowledge that Iiulrce III writing h.hnc is permit for
development can be issued
7 he Commission's rrdc> on building htwidards, uccanlront
setbacks and durir ultcialiuns air designed to tmninitrc, foul not
eliminate, property loss fluor hazards. fly granting permits, the
( °nastal Resources (omntisston does not guarantee the safely of
the development and assumes no liability for future damage to
the development. 1'ennits is!.ucd III tlw• Ocean lintard Arco of
1 nvirunntcntal ('oncent include the condition that structures be
relocated or dismantird if d►ey focconte inrrtnncidly thrcatcncd
by changes In shurchne (till figural ion. "Ihc structurr(s) must Ix
reheated air dismantled within two (2) years of becomutE
immuirnlly thrcatcncd, and in any case uporr its tolfapsr or
sub-;idencr
The best available Information, or accepted by file Coastal
Resources Commission, indicates that the annual loop -Icon
average ceean erosion rule tot the area where your pioricity Is
located is Z_ 5 fret per year
The rate %%as cdablished by careful awolysis of aerial
photographs of the coasilinc taken liver the puss[ 50 vcats
Ank-filst) uuticate Ihht the %Lund lIC could navy as much as
VOWlIffifect landward in a major storm,
Ihv flood waters in a major sleam are pivdicled to be ahoul
H17L_a. I''M deep In this area
Preferred oceanfront protection measures ore Wadi nuurishnicnl
and relocation of threatened structures. hard erosion control
structures such as bulkhrnds, seawalls, revetments, groins, jetties
and breakwaters arc prohibited Ternporruy sand bags may bt•
nuthnnzed raider certam conclm ons.
The applicant must acknowledge this information and
requirements by signing this notice tit the space below. Withonl
the proper signature,
theapplicationwill not be complete.
rV. LG'Lr L.X wa'kx' ,... �.
1111r1—Orel t- e')SFfi{ lfi rtrirle �= 5
Property6Wner Slgnsturt6r Date
SPECIAL. NOTE: Phis hazard nrtticc is required for
dctclopinent in arras suh.lect to sudden and matisive storms and
erosion I'etmits issued for drvclopmenl in this area roopirc on
Wt vmbci l 1 of the third year folinwing the year in which the
Iw i mu ,cats issued, Shortly before work begins on the project
site, the I .oval Pcrmu Of mist be contacted to deternnne the
vegetati+nl lino land setback distance at your site. If the property
has scvm mile change since Ihr time of pwrnml issuance, and the
proposed development can still inrel the selbeck requiremml,
the l.l'(t will infirm you that you may bvgm work. Substantial
pnogrcss on the project must he nude within 60 days of this
setback decnninatum, in file setback must tic rrutcasured. Also,
the occurrence of a major shoreline change as the result of a
storm within the W-day period will ncccssilate remmurement
of the scthack It Is important that you chick with the LPO
before the rrcnml c%pircs for official approval to continue the
%suck after file permit has expired. Generally, if foundation
pihnps have been placid and substantial progress is continuing,
permit renewal Clio be autitarized It Is unlawful to ctintintrc
work htler prinul crpiratitrrl
For Moir infornratiorr, contact:
-.} "I E K
Local Permit O fice/
Address
_`.>t.__1f
LMahty
10 _T1.t_4__
Phone Number
�� MW1LM NC eD
TnN, NC
'EC 0 1 2011 '
Revised May 2010

0
nr
all
Zrl
m S
o ..
cenmed Jr, C-
O (End Return ri memem R 9ut Fee $` • $.5 I
Resple. red) 3b
C,4ATMC � (Endprsp ent Rre4uir�) ;Q, l r� Poshn,
To $0. Here rk
'Serving r u Pgq�Be 8 Fees ljp
p Senr To $ $4. 93
P.O. Box 3198, Shallotte, N.C. ' 7 . - 1`��01/20
Q Street -'-____ tclan
/1S November B-
22, 2011 rar Z/P+q ...,f"(,qj
Mr. Jim Carter, Town Administrator
Town of Caswell Beach
1100 Caswell Beach Road
Caswell Beach, N. C. 28465
Dear Mr. Carter:
This letter is to inform you that Atlantic Telephone Membership Corporation
(ATMC) has applied for a Coastal Area Management Act (CAMA) Minor Permit
along the road right-of-way in Caswell Beach, Brunswick County. The route
begins on Country Club Road, where it proceeds along the road right-of-way east
along SR 1100, where it ultimately crosses the North Carolina Baptist Assembly —
Ft. Caswell Property, then proceeds under the Cape Fear River in existing conduit
and onto Bald Head Island.
As required by CAMA regulations, I have enclosed a copy of my permit application
and project drawing(s) as notification of my proposed project. No action is required
from you or you may sign and return the enclosed no objection form. If you have
any questions or comments about my proposed project, please contact me at
910.755.1701, or by mail at the address listed below:
ATMC
P.O. Box 3198
Shallotte, North Carolina 28459
If you wish to file written comments or objections with the Brunswick County
CAMA Minor Permit Program, you may submit them to:
Heather Coats
LPO Brunswick County
North Carolina Division of Coastal Management
127 Cardinal Way Ext.
Wilmington, NC 28405-3845
Sincerely,
RECEIVE
-�--- DCM WI M N TO D
w• J � �'`.� N, NC
Scott Dutton DEC 0 1 2011
Manager Outside Plant Engineering
Atlantic Telephone Membership Corporation
Attachments

4;ATME
"Serving
_ o
P.O. Box 3198, Shallotte, N.C. 7 `
r`
November 22, 2011
Mr. Rick Holbrook, Director
North Carolina Baptist Assembly — Ft. Caswell
100 Caswell Beach Road
Oak Island, NC 28465
Dear Mr. Holbrook:
This letter is to inform you that Atlantic Telephone Membership Corporation
(ATMC) has applied for a CAMA Minor Permit along the road right-of-way onto
your property at Fort Caswell. A letter of agreement has been obtained
between your organization and ATMC for this project.
As required by Coastal Area Management Act (CAMA) regulations, I have
enclosed a copy of my permit application and project drawing(s) as notification
of my proposed project. No action is required from you or you may sign and
return the enclosed no objection form. If you have any questions or comments
about my proposed project, please contact me at 910.755.1701, or by mail at
the address listed below:
ATMC
P.O. Box 3198
Shallotte, North Carolina 28459
If you wish to file written comments or objections with the Brunswick County
CAMA Minor Permit Program, you may submit them to:
Heather Coats
LPO Brunswick County
North Carolina Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845
Sincerely,
Scott Dutton
Manager Outside Plant Engineering
Atlantic Telephone Membership Corporation
RECEIVED
ACM WILMI.NrTn�,I
DEC 0 1 2011
Attachments

POStal Service,,,
CERTIFIED
MAIL,,, RECEIPT
m(Domestic
Obver.V& Provided)
CAR -J
m
r
POstage $
�.08 Ij4C�'
m
I&ATME, EJ
CertrfiedFee
��,$5(fib
[`
rServinc o
Retum Receipt Fee
(Endorsement Required)
Postmark
$0.00 Here
Restricted Fee
0
P.O. Box 3198, Shallotte, N.C. 0
(Endorsement Required)
$r0.00
r`-
Total Postage &Fees $
$4. 93 12�01/2011
November 22 2011 ni
Sent To
11 Progress Energy Services Companyo street, pClil; Lcc�
ATTN: Manager —Telecom Services r`°`POBoxNo.City,StaeZ/P __-______--
100 E. Davie Street 27 5%
Raleigh, N. C. 27601
Dear Sir or Madam:
This letter is to inform you that Atlantic Telephone Membership Corporation (ATMC) has
applied for a CAMA Minor Permit along the road right-of-way in Caswell Beach and Bald
Head Island, Brunswick County. The route begins on Country Club Road in Caswell
Beach, where it proceeds along the road right-of-way east along SR 1100, where it
ultimately crosses under the Cape Fear River to Bald Head Island on existing
communications facilities owned by Progress Energy. A Service Agreement has been
executed between Progress Energy Carolinas, Inc. and ATMC for properties along the
route owned or controlled by Progress Energy.
As required by Coastal Area Management Act (CAMA) regulations, I have enclosed a
copy of my permit application and project drawing(s) as notification of my proposed
project. No action is required from you or you may sign and return the enclosed no
objection form. If you have any questions or comments about my proposed project,
please contact me at 910.755.1701, or by mail at the address listed below:
ATMC
P.O. Box 3198
Shallotte, North Carolina 28459
If you wish to file written comments or objections with the Brunswick County CAMA Minor
Permit Program, you may submit them to:
Heather Coats
LPO Brunswick County
North Carolina Division of Coastal Management
127 Cardinal Way Ext.
Wilmington, NC 28405-3845
Sincerely,
Scott Dutton
Manager Outside Plant Engineering
Atlantic Telephone Membership Corporation
DDM w LSE! VEp
NGTDN N(
DEC 0 1 2011
Attachments

ADJACENT RIPARIAN PROPERTY OWNER
STATEMENT FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to 's
(Name of Property Owner)
property located at
Address, Lot, Block, Road, etc.)
on in N.C.
(Waterbody) (Town and/or County)
He has described to me as shown in the attached application and project drawing(s), the development
he is proposing at that location, and, I have no objections to his proposal.
(APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED)
Signature
Print or Type Name
Telephone Number
Date
RECEIVeC)
DC
M WILMINGTON, NC
DEC 0 1 2011

E-010-11-005
DISTRICT 3
VERIFICATION OF COMPLIANCE WITH MAR 0 7 2011
ENVIRONMENTAL REGULATIONS
(Check Appropriate Box)
RECEIVED
0 Permits from the N.C. Department of Environment and Natural Resources and the
U.S. Army Corp of Engineers are not required for this project. However, all applicable
federal and state regulations have been followed.
The required permits from the N.C. Department of Environment and Natural Resources
and the U.S. Army Corp of Engineers have been obtained for this project. Copies of
permits and Completion Certificates are attached.
All applicable NPDES Stormwater Permit requirements have been met for this project.
(The applicant should contact the N.C. Division of Water Quality in Raleigh to determine
if a stormwater permit is required.)
The project is in compliance with all applicable sedimentation and erosion control laws
and regulations.
Project Name:
Township:
Project Engineer:
Project Contact:
C0160-11
Oak Island
Stephen Long
Stephen Long
AppIicant's Name: ATMC
Date Submitted:
March 06, 2011
County: Brunswick
Phone No.: 910-755-1710
P.E. SEAL
Form VCER-1 RECEIVED
.rune 1, 2006 DCM WILMINGTON,
DEC 0 1 2011

ROUTE _ JWY133 & SR1't00 PROJECT
STATE OF NORTH CAROLiNA
COUNTY OF BRUNSWICK
u DEPARTMENT OF TRANSPORTATION C©lW-ji RIGHT OF WAY ENCROACHMENT AGREEMENT
_AND- grMc3t DISTR1GT 3 PRIMARY AND SECONDARY HIGHWAYS
Atlantic Telephone Membership Corporation
PO Box 3198 MAR 0 7 2011 E— 0 1 — 1 1_ 0 0 5
Shailotte. NC 28459
10- R-Ea FEIM",
THIS AGREEMENT, made and entered into this the 1`� day of 402i; 20 11 by and between the Department
of Transportation, party of the first park and
party of the second part,
W►TNESSETH ORIGINAL
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Route(s) HWY133 & SR1100 located 520' N INT. SR1190 on HWY133 to Pinehurst Dr.
And beginning again at the INT. of SR1 100 & Ocean Greens Lane to the entrance of the Baptist Assembly on SR1100_
with the construction and/or erection of: SDR-11 (PE) PIPE for future communitcations. 2xl.25"
There wilt be numerous Dry Bores made on this job to pass beneath HWY133, non -system roads, asphalt entrances, driveways,
and SR1100. roR F?IrVI .& 15ERiJrce L&-4J
O?iY iShc?,E `YOT-AL 3592 G. F j To iAL 1qRy1' ( ice\
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 within the limits of the
right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT iS AGREED that the parry 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 accompiished in accordance with the party of
the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY RIGHTS-OF-JVAY, and such
revisions and amendments thereto as maybe 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 par.
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 wit h 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
i nat the party of t`te second part agrees to provide during construct�on and any subsequent maintenance proper signs, signal lights,
flagmen and other warning devices for the protection of traffic in conformance with the iatest Manual on Uniform Traffic Control Devices
for Streets and Hiahways and Amendment or Supplements therete. information as to ttie above rules and regulations maybe 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
eat 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 ofthe air. There shall be compliance with applicable rules and regula`ons
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 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 ofthe Divisions Engineer he �r�of the
first art. UU
That the party of the second part agrees to assume the actual cost of any inspection of the work 00,2"wW wMb6t"L"W
Division Engineer ofthe party ofthe first par;. S'��,,"
That the party ofthe second part agrees to have available at the construction site, at all times during construction, a coP' OF�IIIis
agreements'. iowing evidence of approval by the party of the first part The party of the first part reserves the right to stop aff work unless

b. Nondiscrimination: The contractor, with regard to the work performed by it during the contact, shall not discriminate on thy:
grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials
and leases of equipment The contractor shall not participate either directly or indirectly in the discrimination prohibited by
Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix 8
of the Regulations.
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 equi ment, each potential subcontractor or supplier shall be notified by the contractor of the
�.� contractor's oblig,4ns ur etrthis tract and the Regulations relative to nondiscrimination on the grounds of race, color,
or ri Ronal origin. °' I
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 fo�t"p `rarice: In the event of the contractor's noncompliance with the nondiscrimination provisions of this
corrtra ,`tile pacer ent of 7 sportabon 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
Incorporation of Provisions: The contractor shaf€ 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.
RM (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:
DIVISION ENGINEER
ATTEST OR iiT1EyS t r T=
W. Scott Dutton - llac g r ee i g J Barefoot - Senior o-lect En ineer
ATMC ATMC
PO Box 3198 Shallotte, NC 28459 910-754-4311
INSTRUCTIONS
PO Box 3198 Shallotte, NC 28459 910-754-4311
Second Party
When the applicant is a corporation or a municipality, this agreement must have the corporate seat 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 fines.
3. Location of the existing and/or proposed encroachment.
4. Length, size and type of encroachment.
5. Method of installation.

' n - j� _ �, • ,, fit ! l ,
• ,yJ I: '. ,`- •+'� ' L Fly /
L 4
_ C �f .���w _ � �S �- c_ ;.�.
MAP.
MAP,5' .4 � 1
. MA
r ,
- MAP •7
�P�10 MAP 11
`MAP 12�r f
AP.15x,
MAP 1
Legend
Applicable Setback Line ("A" Line)
FEATURE
— — First Line of Stable, Natural Vegetation
— Static Vegetation Line
Q First Line of Stable, Natural Vegetation Points
O Static Vegetation Line Points - Existing
Fiber Route
THE 2916 East Park Avenue
PHOENIX Tallahassee, FL 32301
ENVIRONMENTAL Telephone: [phone]
GROUP, I N C Fax: [phone]
1 inch equals 2,000 feet
0 1,000 2,000 4,000 Feet
I I I I I I I I I
Drawn By: RAS Ch-ked By: RA
Will
MAP 18
!k MAA1� MAP, 20
DEC 19 2011
::isIt/I WILMINGTON, Wt.
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LI
INDEX MAP
Revised 12-15-11

RECEIVED
DEC 19 2011
D C M W I L Mi IN '- �­ � \'. IL

r
1k
fro. �a
#��
.ate r
or
'r r f ,
y.
Legend , r
Applicable Setback Line ("A" Line) ,a+r
FEATURE t
First Line of Stable, Natural Vegetation
— -- - Static Vegetation Line
® First Line of Stable, Natural Vegetation AM
O Static Vegetation Line Points - Existing
Fiber Route
A
,_ ..
T HE 2916 East Park Avenue 1 inch equals 100 feet ATMC - CASWELL BEACH
P H E N IX Tallahassee, FL 32301 0 50 100 200 Feet FIBER ROUTE AND SETBACK
F V N I R A N RA Fr N 7 A I _ ­_ incn. n-.n .,...,.

FCEIVED
DEC 19 2011
;%jr'iII4 9Alii AA-lwov.Vo%.o -

P wa ..1w
40
rr
Legend
Applicable Setback Line ("A" Line); FEATURE
— — - First Line of Stable, Natural Vegetation
Static Vegetation Line
First Line of Stable, Natural Vegetations
O Static Vegetation Line Points - Existing .A4 1. a
Fiber Route
rNILT'� ^� •�
THE 2916 East Park Avenue 1 inch equals 100 feet
�rl PHOENIX ATMC - CASWELL BEACH
Tallahassee, FL 32301 0 s0 100 200 FP.P_t FIRFR Pni ITF Awn .qFTRAC.K

REI !f E®
DEC 19 2011
.. "I i. ¢ Asi P"ir%AI KIf

4 _ammlh#— 3 7i
1p
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atiiM . , � p
16
r wow
r .
Avg
* 16-It .
41
�.
1w
Legend
Applicable Setback Line ("A" Line) �►
FEATURE
— — - First Line of Stable, Natural Vegetation
-- — - Static Vegetation Line
® First Line of Stable, Natural Vegetation l
A6 J
O Static Vegetation Line Points - Existing
i Fiber Route`
THE 2916 East Park Avenue 1 inch equals 100 feet ATMC - CASWELL BEACH
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet FIBER ROUTE AND SETBACK
FN VIRANMFNTAI T_i__�___. .nrn. n-.n ..., ...

PCEIVE
DEC 19 2011
DLIi4 WILMINGTON, NC

*'NA
I Oft.
1k4SOW 40,
Se a
4�Setba�k F� tlfin'S ,
r .0/•Or
` R
Legend
Applicable Setback Line ("A" Line)
FEATURE
First Line of Stable, Natural Vegetation
— — - Static Vegetation Line
Q First Line of Stable, Natural Vegetation
O Static Vegetation Line Points - Existing
Fiber Route
4
THE 2916 East Park Avenue
PHOENIX Tallahassee, FL 32301
ENVIRONMENTAL Telephone: [phone]
GROUP, I N C Fax: [phone]
f
1 inch equals 100 feet
0 50 100 200 Feet
I 1 I I I I I I
Dr By: RAS checked By: RA
r
I
f
i
• it
i
gi,,
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LI
MAP 4
Revised 12-15-11

DECEIVE®
DEC 19 2011
DCM WILMINGTON, NC

_
r 1
a
I
k.
Legend •.
Applicable Setback Line ("A" Line)
FEATURE
— — - First Line of Stable, Natural Vegetation
— — - Static Vegetation Line
First Line of Stable, Natural Vegetation
Static Vegetation Line Points - Existing
Fiber Route NEW
OM
rH E 2916 East Park Avenue 1 inch equals 100 feet
P H O E N I X Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I I I 1 I I I 1
GROUP , I N C Fax: [phone]
Drawn By: RAS Checked By: RA
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LI
MAP 5
Revised 12-15-11

E C F.
DEC 19 2011
WI(MINGTON, NC

-w --Nqqpmlllw-
Ji
if
J f
Seteckp ac actor S S
t. 16
S feet ,
.4rr i
Legend �-
Applicable Setback Line ("A" Line)
FEATURE
— — - First Line of Stable, Natural Vegetation 40
— — - Static Vegetation Line \`fl
40 First Line of Stable, Natural Vegetation -
O Static Vegetation Line Points - Existing'`
r
Fiber Route
17GROUP,
2916 East Park Avenue 1 inch equals 100 feet
E NI X Tallahassee, FL 32301 0 50 100 200 Feet
E N VIRONMENTAL Telephone: [phone] 1 1 1 I N C Fax: [phone]
By: RAS Checked By: R,
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 6
Revised 12-15-11

P.70
KFCE�VED
DEC 19 2011

S tbacId sk
Setback eetc�s5s5
feet
Ar
r ! ,
I
S S`bac
4 � � etback kLactO
1s
- o fee
3
40
T x M
Legend
Applicable Setback Line ("A" Line) ` ` lr
FEATURE _ 4
— — - First Line of Stable, Natural Vegetation
— - Static Vegetation Line •
,w
First Line of Stable, Natural Vegetation - '
Static Vegetation Line Points - Existing
Fiber Route
rGROUP,INC
2916 East Park Avenue 1 inch equals 100 feet
E N IX Tallahassee, FL 32301 0 50 100 200 Feet
IRONMENTAL Telephone: [phone]
Fax: [phone] I I I I I I I I
Drawn By: RAS Checked By. RA
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 7
Revised 12-15-11

#:CEIVED.
DEC 19 2011
CAA VVi L M IVC:

w
\u
Legend
Applicable Setback Line ("A" Line)
FEATURE
First Line of Stable, Natural Vegetation
— — - Static Vegetation Line
First Line of Stable, Natural Vegetation
Static Vegetation Line Points - Existing
Fiber Route
F r
s
24' _
i
Se ba `�k Fay
r•
THE 2916 East Park Avenue 1 inch equals 100 feet ATMC - CASWELL BEACH
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet FIBER ROUTE AND SETBACK L
ENVIRONMENTAL Telephone: [phone] I I I I I I I I I MAP 8
GROUP, 1 N C Fax: [phone]
Revised 12-15-11

ECEIVE
DEC 19 2011
��=psi IVILIVOINGTO V, NC

16
m
Legend
Applicable Setback Line ("A" Line)
FEATURE
— - First Line of Stable, Natural Vegetation
— — - Static Vegetation Line
First Line of Stable. Natural Vegetation
Static Vegetation Line Points - Existing
Fiber Route
THE 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I I I I I I 1 I I
GROUP, 1 N C Fax: [phone]
Drawn By RAS Checked By: RA
I
f
4ok, A
22'4 if
s .
ew
f
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 9
Revised 12-15-11

PF-c"EIVED
DEC 19 2011
Gail "'VL"VIGTION, NC

r
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Legend
Applicable Setback Line ("A" Line)
FEATURE
— — - First Line of Stable, Natural Vegetation
Static Vegetation Line
0 First Line of Stable, Natural Vegetation
O Static Vegetation Line Points - Existing
Fiber Route
THE 2916 East Park Avenue
PHOENIX Tallahassee, FL 32301
ENVIRONMENTAL Telephone: [phone]
GROUP, I N C Fax: [phone]
i
--------------
1 inch equals 100 feet
0 50 100 200 Feet
L-1 I I I I 1 I I
Dr— By RAS Checked By: RA
1
'1
I, oCk
eFeet 61
t f A
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 10
Revised 12-15-11

DEC 19 2011
,CM n/ILMINGTON, NC

i
� • t
Se ti ck� 'factor. .
?et. Rn r 2
Legend
Applicable Setback Line ("A" Line)
FEATURE
- First Line of Stable, Natural Vegetation
— — - Static Vegetation Line
Q First Line of Stable, Natural Vegetation
Static Vegetation Line Points - Existing
Fiber Route
i
S
THE 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] 1 1 1
GROUP , I N C Fax: [phone]
Drawn By: RAS Che ked By. RA
A
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 11
Revised 12-15-11

RECEIVED
DEC 19 2011

.,
44
11, me Oar
*T 4 Or
�So16ac '#
etba
ck c �..,dct_ al■
NOTE:
First Line of Stable, Natural Vegetation
was staked on 5/10/11
THE 2916 East Park Avenue
PHOENIX Tallahassee, FL 32301
ENVIRONMENTAL Telephone: [phone]
GROUP, 1 N C Fax: [phone]
1 inch equals 100 feet
0 50 100 200 Feet
I I I I I I I 1 I
Drawn By RAS checked By: RA
Legend
Applicable Setback Line ("A" Line)
FEATURE
E ��'? = First Line of Stable, Natural Vegetation
Static Vegetation Line
First Line of Stable, Natural Vegetation Pi
O Static Vegetation Line Points - Existing
Fiber Route
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 12
Revised 12-15-11

RECEIVED
DEC 19 2011
��CM WILMING7TON, NC

R s
' F
I
• ��, it
:.
n
h6iw
NOTE:
First Line of Stable, Natural Vegetation
was staked on 5/10/11 ;.:
THE 2916 East Park Avenue
PHOENIX Tallahassee, FL 32301
ENVIRONMENTAL Telephone: [phone]
GROUP, I N C Fax: [phone]
A
r & _ .
y_
IN
1 inch equals 100 feet
0 50 100 200 Feet
L 1 I I I I I I I
Drawn By. RAS Checked By: RA
1
Legend
Applicable Setback Line ("A" Line)
FEATURE
— — - First Line of Stable, Natural Vegetation
— — - Static Vegetation Line
First Line of Stable, Natural Vegetation F
Static Vegetation Line Points - Existing
Fiber Route
r—
10
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LI
MAP 13
Revised 12-15-11

DEC 19 2011
�� -kf' WILMING ON, NC

F. c 71
- -T
err.:
r
NOTE:
First Line of Stable, Natural Vegetation
was staked on 5/10/11
THE 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I I I I I I I 1
GROUP, I N C Fax: [phone]
Drawn By: RAS Checked By. RA
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 14
Revised 12-15-11

RECEIVE%
DEC 19 2011
DCM WILL GTIGN, NC

141
l:
0
� W
NOTE:
First Line of Stable, Natural Vegetation
was staked on 5/10/11
'.m
Legend
Applicable Setback Line ("A" Line)
FEATURE
— — - First Line of Stable, Natural Vegetation
• a — — - Static Vegetation Line
• First Line of Stable, Natural Vegetation Pc
�. O Static Vegetation Line Points - Existing
0. Fiber Route
r.
Af
ta -1 1
ej �
7
7
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�tba.
ck eQa`7or2
i
THE 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I I I I I 1 1 I I
GROUP, 1 N C Fax: [phone]
Drawn By: RAS Checked By. RA
e
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LI
MAP 15
Revised 12-15-11

RECEIVED
DEC 19 2011
`' W WILMINGTON, NC

dr
All
,.
40 +
f It
it '0
Setback
ack k. is
Setb Factor 2 I
Feet: 60 r.
— feet! I
Legend
Applicable Setback Line ("A" Line) —
FEATURE \
First Line of Stable, Natural Vegetation b
Static Vegetation Line
G First Line of Stable, Natural Vegetation
O Static Vegetation Line Points - Existing
Fiber Route
TH E 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I 1 I I I I 1 I
GROUP , I N C Fax: [phone]
Dravm By: RAS Checked By: RA
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LI
MAP 16
Revised 12-15-11

RECEIVED
DEC 15 2011
DC'M WILIVIINGTON, NC

Ir
16 J grin V- �3. 1° r a
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FEATURE AwAft,.. "
— — - First Line of Stable, Natural Vegetation
OL
— — - Static Vegetation Line
First Line of Stable, Natural Vegetation
Static Vegetation Line Points - Existing
Fiber Route
ddlL—
THE 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I I I I I I I I
GROUP, I N C Fax: [phone]
Drawn By: RAS checked By: RA
eSgt� T
tback Re t Bo f e
t
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LI
MAP 17
Revised 12-15-11

R F C E gl V ED
DEC 19 2011
,E)CINA WILMINGTON, NC

• ' '� Legend
*► • ��� t • ; Applicable Setback Line ("A" Line)
` FEATURE
k r k - First Line of Stable, Natural Vegetation
L
vDl' - Static Vegetation Line
First Line of Stable, Natural Vegetation Points
O Static Vegetation Line Points - Existing
' Md Fiber Route
•
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L # r 14
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8�feeet#eSi t
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r
r NOTE:
First Line of Stable, Natural Vegetation
was staked on 5/25/11
� � T
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THE 2916 East Park Avenue 1 inch equals 100 feet ATMC - CASWELL BEACH
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet FIBER ROUTE AND SETBACK LIIN
ENVIRONMENTAL Telephone: [phone] I I I I 1 I I I MAP 18
GROUP, I N C Fax: [phone]
Dr By:RAS Checked By: RA - Revised 12-15-11

*' S
DEC 19 2011
F"CM WILMINGTON, NC

4j
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t ■ f t J � � � .� r i
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Legend �
Applicable Setback Line ("A" Line)
FEATURE t 1
First Line of Stable, Natural Vegetation" IF r�
• ' ' Static Vegetation Line
lit
� First Line of Stable, Natural Vegetation Points
r
Static Vegetation Line Points Existing .0
Fiber Route
is
• +qr
Ile
F k
NOTE: , � R - ,� I.
First Line of Stable, Natural Vegetation * ;
was staked on 5/25/11 0 At'
„. r ,
rH E 2916 East Park Avenue 1 inch equals 100 feet ATMC - CASWELL BEACH
PHOENIX Tallahassee, FL32301 0 50 100 200 Feet FIBER ROUTE AND SETBACK LI
ENVIRONMENTAL Telephone: [phone]
GROUP, I N C Fax: [phone] I I I I I I I 1 I MAP 19
@awn By: RAS Checked By: RA Revised 12-15-11

DEC 19 2011
kija "ll CITON, NC

r
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NOTE: A a
4
First Line of Stable, Natural Vegetation F.
was staked on 5/25/11
` T
THE
PHOENIX
ENVIRONMENTAL
GROUP, INC
r 1«
2916 East Park Avenue
Tallahassee, FL 32301
Telephone: [phone]
Fax: [phone]
1 inch equals 100 feet
0 50 100 200 Feet
I I I I I I I I I
Drawn By: PAS Ch ckld By: RA
e
_AWAR& Ot.
N
Legend
Applicable Setback Line ("A" Line)
FEATURE
— - First Line of Stable, Natural Vegetation
— — - Static Vegetation Line
First Line of Stable, Natural Vegetation Po
Static Vegetation Line Points - Existing
Fiber Route
'fir' r JIM
A
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LII
MAP 20
Revised 12-15-11

F,CE;E
DEC 19 2011
D("'M WILMINGTON, NC

1
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or 4b
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Legend
Applicable Setback Line ("A" Line)
�� ~r FEATURE
Ok
First Line of Stable, Natural Vegetation
+ — — - Static Vegetation Line
�(s►! r k First Line of Stable, Natural Vegetation
r - O Static Vegetation Line Points - Existing
Ad
Fiber Route
Vr 40l
• _ C. h r
Ammar
THE 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I I I I I I
GROUP, I N C Fax: [phone]
Drawn By: RAS Checked By: RA
• -_ .�
F: +
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 21
Revised 12-15-11

RECEIVE
DEC 19 2011
D 'M WiLMiNGTON; NC

'dllr U-:
45
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3 r- ; _ , l _ g ;* �" Applicable Setback Line ("A" Line) '
,� + tr .'t , _ .r• '„1 _ FEATURE
r s First Line of Stable, Natural Vegetation
1 Static Vegetation Line
illp
# f r • a
r ,V' # . •f �' ! ,i
First Line of Stable, Natural Vegetation
t3 O Static Vegetation Line Points -Existing
_ .. 'j +a 1
' �.. �1 • 1 •; ��` Fiber Route
< { • r- t' t
OIL
a1 IF
THE
PHOENIX
ENVIRONMENTAL
GROUP, INC
2916 East Park Avenue 1 inch equals 100 feet
Tallahassee, FL 32301 0 50 100 200 Feet
Telephone: [phone] I I I I I I I
Fax: [phone]
Drawn By: RAS Checked By: RA
r L� - • ~ J!
r
I" x
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK LII
MAP 22
Revised 12-15-11

DEC 19 2011
DOW, WILMINGTON, NC

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THE 2916 East Park Avenue 1 inch equals 100 feet
PHOENIX Tallahassee, FL 32301 0 50 100 200 Feet
ENVIRONMENTAL Telephone: [phone] I I I I I I I I
GROUP, I N C Fax: [phone]
Drawn By RAS Check,d By: RA
NOTE:
First Line of Stable, Natural Vegetatit
was staked on 5/25/11
Legend
Applicable Setback Line ("A" Line)
FEATURE
First Line of Stable, Natural Vegetation
— -- - Static Vegetation Line
First Line of Stable, Natural Vegetation Poin
O Static Vegetation Line Points - Existing
Fiber Route
ATMC - CASWELL BEACH
FIBER ROUTE AND SETBACK L
MAP 23
Revised 12-15-11

RECEIVED
DEC 19 2011
DCM WILMINGTON, NC:

a
C
0,3
RECEIVE
DEC 19 2011
DCM WILMINGTCN, NC

BEMC
BE] NAF 48-
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DEC 19 2 011
DCM WIL9 iNG Cal, NC'

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DEC 19 2011
4,le Wi'k,MINGTON, NC

WILMINGTON, NC

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DEC 19 2011
`CM WiLMINGTON, NC

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DEC 19 2011
P WWiLMINGTON, NC

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DEC 19 2011
lCM WILMINGTON, N

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DEC 19 2011
0CM WiLMINGTON, NC-

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DEC 19 2011
DCM, WILMINGTON, NC
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DEC 1912011
DCM WIIAAW�TON, NC

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DEC 19 2011
DCM WILMONGTOO, NC

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DEC 19 2011
DCM WiLKINGTON, NC

RECEIVE
DEC 19 2011
DCiM Wil MINGTQN,INC

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EIVED
19 2011
DCM WILMINGTON, NC

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DEC 19
coc. ri' INGTON, N

RECEIVED
DEC 19 2011
M*RLMINGTOW NC

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RECEIVED
DEC 0 1 2011
DCM WILMINGTON, NC