CasB_18-01_ Caswell

1.0 - !
WiRO for
Caswell Beach
VARIANCE CRC-VR-18-06
Permit Number Casl3 18-01
CAMA
MINOR DEVELOPMENT
PERMIT
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 the Town of Caswell Beach, authorizing development in the Ocean Hazard (AEC) at Parcel ID 251 NBO37
adjacent to Caswell Beach Rd, Brunswick County, as requested in the permittee's application, dated received October
16, 2018. This permit, issued on January 4, 2019 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, December 27, 2018. All
proposed development and associated construction for the Dune Infiltration System must be done in accordance with
the application and work plat drawings dated received October 16, 2018, and subject to the following stipulations of the
CRC Variance Final Order. (Final Order CRC-VR-18-06 Attached)
(1) All proposed development and associated construction must be done in accordance with the permitted work plat
drawings(s) dated received on October 16, 2018.
(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 a final inspection at
completion of work. RECEIVED
(Additional Permit Conditions on Page 2)
JAN 14 2019
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. 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, 2022
In issuing this permit it is agreed that this project is consistent with the local Land
Tara acPhers
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
C

iA - i
Name: Town of Caswell Beach
VARIANCE CRC-VR-18-06
Minor Permit # CasB 18-01
Date: January 4, 2019
Page 2
(4) Sand held in storage in any dune, other than frontal or primary dunes, may be moved laterally in order to
strengthen existing primary or frontal dunes if the work would enhance the protection to the proposed development
activity and the sand is immediately stabilized.
(5) Dune Disturbances shall only be allowed to the extent necessary for development and if the dune's protective value
is not weakend or reduced. Disturbed areas will be immediately stabilized.
(6) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently 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 holder's right to seek authorization of temporary
protective measures allowed under CRC rules.
(7) 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 vegetatively stabilized (planted
and mulched) within 14 days of construction completion.
(8) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise
disposed of to a third -party.
NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements
than the Division's standards for development in areas of environmental concern (AECs).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorizations that may be required.
SIGNATURE:
PERMITTEE
0`
DATE:
DECEIVED
JAN 14 2019

WiRO for
Caswell Beach
VARIANCE CRC-VR-18-06
Permit Number CasB 18.01
CAMA
MINOR DEVELOPMENT
PERMIT
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 the Town of Caswell Beach, authorizing development in the Ocean Hazard (AEC) at Parcel ID 151NbUJI
adjacent to Caswell Beach Rd, Brunswick County, as requested in the permittee's application, dated received October
16, 2018. This permit, issued on January 4, 2019 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, December 27, 2018. All
proposed development and associated construction for the Dune Infiltration System must be done in accordance with
the application and work plat drawings dated received October 16, 2018, and subject to the following stipulations of the
CRC Variance Final Order. (Final Order CRC-VR-18-06 Attached)
(1) All proposed development and associated construction must be done in accordance with the permitted work pla
drawings(s) dated received on October 16, 2018.
(2) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation an(
modification of this permit.
(3) A copy of this permit shall be posted or available on site. Contact this office at [phone] for a final inspection a
completion of work.
(Additional Permit Conditions on Page 2)
This permit action may be appealed by the permittee or other qualified persons
within twenty (20) days of the issuing date. 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:
JAI
Tar acPhers
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
DECEMBER 31, 2022

Name: Town of Caswell Beach
VARIANCE CRC-VR-18-06
Minor Permit # CasB 18-01
Date: January 4, 2019
Page 2
(4) Sand held in storage in any dune, other than frontal or primary dunes, may be moved laterally in order to
strengthen existing primary or frontal dunes if the work would enhance the protection to the proposed development
activity and the sand is immediately stabilized.
(5) Dune Disturbances shall only be allowed to the extent necessary for development and if the dune's protective value
is not weakend or reduced. Disturbed areas will be immediately stabilized.
(6) Any structure authorized by this permit shall be relocated or dismantled when it becomes imminently 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 holder's right to seek authorization of temporary
protective measures allowed under CRC rules.
(7) 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 vegetatively stabilized (planted
and mulched) within 14 days of construction completion.
(8) Pursuant to 15A NCAC, Subchapter 7J.0406(b), this permit may not be assigned, transferred, sold or otherwise
disposed of to a third -party.
NOTE: The building code or flood damage prevention ordinance may impose additional more restrictive requirements
than the Division's standards for development in areas of environmental concern (AECs).
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or
authorizations that may be required.
SIGNATURE: DATE:
PERMITTEE

Looaliiy. TDu.r7 ��CcSv-N � dr"ac,tr. 1�eiq;�it�Tuaiber • � .,'�
QceattHazard.,u/"' -EstuarineShoreline .O?,WShoreline - �PoblfcTrust Shoreline.. Other.
(For official use only)
LAND OWNER
Namel ow�t /�� rLi_S,x/t i'% RG L7
Address Cqs u e
City�jt✓Es�L State {RJC� Zip 4yy j_ Pho
-C ne Email "/•C—k5 �' C I ��b�.sc� �r • �r�l
AUTHORIZED AG[ENT1 1 �
Name ( 6e 1 4 tf{,1S .Set
Address
city
Email
State Zip Phone
LOCATION OF PROJECT: (Address, street name and/or directions to site. If not oceanfront, what is the name of the
adjacentwaterbody..),, LDS aeJ� opt �o.� C
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) o d
St IZE OF LOT/PARCEL: square feeacres �� �
PROPOSED USE: Residential [] (Single-family 0 Multi -family ❑) Commorcial/Industrial ❑ Qther ta�'^
:70KPLETE EITHER (1,) OR (2) BELOW (Contact your Local Permit QPcer if you are not sure which AEC applies
o your property);
1) OCRAN HAZARD AECs: TOTAL FLOOR AREA OF PROPOSED STRUCTURE:J5A!rL?square feet (includes
.ir conditioned living space, parking elevated above ground level, non:conditioned space elevated above ground level but
xcluding non -load -bearing attic space
2) COASTAL SHORELINE AECs: SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT
IPON SURFACES: square fleet (includes the area of the roof/drip line of all buildings, driveways, covered decks,
anerete or masonry patios, etc. that are within the applicable AEC. Attach your calculations with the pmject drawing.)
TATE STORMWATER MANAGEMZNT PERMIT- Is the project looated in an area subject to a State Stormwater
Ianagemept Pamit'issued by the NC Division of Water Quality?
'ES` NO
yes, list the total built upon area/impervious surface allowed for .your lot or parcel; _ square feet.
R�CEIVM)
OCT 16 2018

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the LAMA
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
Certification, Sand Dune, Sediment Control, Subdivision Approval, Mobile Home Park Approval, Highway Connection, and
others. Cheek with your Local Permit Officer for more information.
STATEMENT OF OWNERSEU P:
I, the undersigned, an applicant for a CAMA minor development permit, being either the owner of property in an AEC or a
person authorized to act as an agent for purposes of applying for a CAMA. minor development permit, certify that the person
listed as landowner on this application has a significant interest in the real property described therein. This interest can be
described as: (check one)
an owner or record title, Title is vested in Tel of � c e (r see Deed Book
page 5%_4 S- in the '2 3 ( te- -C c..-,'i K County Registry of Deeds.
an owner by virtue of inheritance. Applicant is an heir to the estate of
probate was in County.
if other interest, such as written contract or lease, explain below or 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 CAMA permit.
(Name) (Address)
(1) isp s'� L-A y j tee; �l �lCr�LP
(2) 8�.�an 4h�(.OLi]— )L 1_ CGts��-�'� /JrGral
(3)
(4)
ACKNOWLEDGEMENTS:
I, 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 lot. This explanation was accompanied by recommendations concerning stabiliza-
tion and floodproofing techniques.
I furthermore 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 lands in connection with evaluating information
related to this permit application. 1
This the �b day of OC$ , 20 L
ur person authorized to act as his/her agent for purpose of filing a CAMA permit application
This application includes: general information (this form), a site drawing as described on .the back ofthis application, the
ownership statement, the Ocean Hazard AEC Notice where necessary, a check for $100.00 made payable to the locality, and
any Wornmtton as may be provided orally by the applicant. The details of the application 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. Any person developing to an AEC without permit is subject to civil, criminal and administrad"E4V Eft
nrfi , a 9niR

ROY COOPER
Governor
NORTH CAROLINA
Environmental Ouat'i y
January 7, 2019
Town of Caswell Beach
c/o Chad Hicks
1100 Caswell Beach Rd.
Caswell Beach, NC 28465
Dear Mr. Hicks:
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
Attached is CAMA Minor Development Permit CasB 18-01, issued per Variance on January 4, 2019, for a
dune infiltration system at parcel 251NB037, in Caswell Beach, Brunswick County.
To validate this permit, please sign both copies as indicated for our records. Retain the orange copy for
your files, and 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.
Enclosures
Cc: WiRO files
Sincerely,
Shaun K. Simpson
Permit Support Technician
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405

STATE OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA
COASTAL RESOURCES
COUNTY OF BRUNSWICK COUNTY ) COMMISSION
1 CRC-VR-18-06
IN THE MATTER OF: )
PETITION FOR VARIANCE ) FINAL AGENCY DECISION
BY THE TOWN OF CASWELL BEACH )
This matter was heard on oral arguments and stipulated facts at the regularly scheduled
meeting of the North Carolina Coastal Resources Commission (hereinafter Commission) on
November 27-29, 2018 in Ocean Isle Beach, North Carolina pursuant to N.C. Gen. Stat. § 113A-
120.1 and 15A NCAC 7J .0700, et seq. Assistant General Counsel Christine A. Goebel, Esq.
appeared for the Department of Environmental Quality, Division of Coastal Management (DCM).
Justin Humphries, Esq. appeared on behalf of Petitioner.
Upon consideration of the record documents and the arguments of the parties, the
Commission adopts the following:
STIPULATED FACTS
1. Petitioner, the Town of Caswell Beach ("Petitioner" or "Town") owns a 5.3 acre
undeveloped oceanfront parcel located south of the Oak Island Lighthouse on Caswell Beach Road
("Road") within the Town's limits (the "Site"). The Site is bordered by the Atlantic Ocean to the
south, the Road to the north, 217 Caswell Beach Road (Gary Studer) to the west and 301 Caswell
Beach Road (Brian Murphy) to the east. The Site can be seen on ground level and aerial
photography in the PowerPoint Presentation shown to the Commission.
2. Near the Site, the Road has a low spot where stormwater tends to collect. The Town
has installed trench drains along the road in order to try and alleviate the flooding. Town Manager
RECEIVED
Chad Hicks has observed that during moderate rain events of 6 inches or more, the flooded
JAN 0 9 2019

.,.
roadway is impassable to low -clearance vehicles for up to eight hours. In severe rain events, the
road can be impassable to low -clearance vehicles for as long as two days. Additionally, the lowest -
lying area in the 300 and 400 blocks of the Road can become impassable to high -clearance vehicles
during flooding.
3. In addition to the trench drains, the Town uses portable pumps and fire trucks to
pump stormwater off the road and into the sound or to the dunes following larger storm events.
Town officials estimate that they use pumps to clear the road approximately four times per year.
4. Emergency services within the Town are provided by Brunswick County. Kat
Corrigan, the EMS Operations Manager for Brunswick County expressed her concern about the
ability to address emergencies within the Town's limits during storm events due to road flooding.
5. Aerial photographs were taken by NOAA immediately following Hurricane
Florence and show flooding on the Road. The Commission has reviewed these photograps, and
others, showing flooding on the Road.
6. Since at least 2005, the North Carolina Department of Transportation ("NCDOT")
and North Carolina State University ("NCSU") have worked together on developing and installing
Dune Infiltration Systems ("DIS") as a low-cost way to address stormwater runoff issues on roads.
7. There is currently a similar DIS installed in Kure Beach, which redirects stormwater
from three existing stormwater outfalls at K Avenue into a 26-chamber DIS. This project received
a variance from the Commission's oceanfront erosion setback rule in 2008.
8. Since 2017, officials with the Town and NCDOT have been discussing ways to
address the flooding on the Road.
RFCEIVED
JAN 0 2 2019
2 Df IVI VJILMINGTM NO

9. Town officials met with resource agency representatives on March 16, 2017 to
discuss floodwater pumping and whether the Town had the ability to receive a DWR permit to
pump stormwater off the road.
10. The Town engaged the engineering firm W.K. Dickson to evaluate the effect on the
groundwater table from the quantity of stormwater pumped from the flooding areas on the Road
to the proposed DIS at the Site.
11... At the July 2018 meeting of the NC Board of Transportation, the Board approved
$500,000 to be spent on the proposed project as part of NCDOT's High Impact Low Cost program.
12. On August 28, 2018, NCDOT and Town officials met to discuss the project and
visit the Site. The project bids are anticipated in February 2019 with a proposed start date of May
2019.
13. At this Site, the Town proposes a project that contains approximately 525 square
feet of buried infiltration high -density polyethylene chambers (approximately 105 chambers) that
can store the stormwater until it can be absorbed by the groundwater after filtering through the
dune sand. After the infiltration chambers are installed, they will be connected to the line that will
run the length of the Road — approximately 1.25 miles. The project will begin at the Duke Energy
Nuclear Pumping Station and run to the United States Coast Guard Station Oak Island. Following
construction. The dune will be rebuilt on top of the chambers and vegetation will be planted.
14. On or about October 17, 2018, the Town, through Town Manager Chad Hicks,
submitted a CAMA Minor Permit application to DCM's Wilmington Regional Office.
15. As part of the CAMA minor permit review process, the Town gave notice to the
two adjacent riparian owners of the Site, Gary Studer and Brian Murphy.
RECEIVED
3 JAIL a 2 2019
DCM WILMINGTON, NC

16. Effective in 1979, the Commission adopted an erosion setback requirement that
applies to structures along the oceanfront within the Ocean Hazard Area of Environmental Concern
("AEC"), Rule 15A NCAC 7H .0306(a). The proposed development must be set back at a distance
of 0-times the long-term annual erosion rate from the applicable vegetation line. Rule 15A NCAC
7H .0306(a)(1). At this Site, the long-term annual erosion rate is two feet per year and so the
applicable setback is 60 feet from the applicable vegetation line.
17. Before the Town's large-scale beach nourishment project in 2009, the first line of
stable and natural vegetation ("FLSNV") was surveyed for post -project use as the static vegetation
line from which oceanfront erosion setbacks are measured. The Commission reviewed aerial
photographs of the Site with overlain historic shorelines and setback lines.
18. The proposed project would be located landward of the static vegetation line (where
the FLSNV was surveyed- in 2009. before the Town's large-scale nourishment project). The
proposed project would be located waterward of the applicable 60 foot setback.
19. On October 17, 2018, DCM, through Field Representative Tara MacPherson,
denied the Town's minor permit application because the proposed development was inconsistent
with Rule 15A NCAC 7H .0306(a)(2) ("Setback Rules") and NCGS I I 3A- I 20(a)(8).
20. The Town seeks a variance from the Commission's oceanfront erosion Setback
Rules in order to develop the proposed DIS.
21. The Town is represented by Justin Humphries, Esq. and DCM Staff is represented
by DEQ Assistant General Counsel Christine Goebel, Esq.
22. The Town stipulates that the proposed project is inconsistent with the
Commission's Setback Rules and notified adjacent riparian owners that it is seeking this variance.
RECEIVED
4 JAN 0 2 20119
T)c;h4�fflILV1INGT0N, t1iC

STIPULATED EXHIBITS
Included with the Petition and the Staff Recommendation for the Commission's review
were the following Stipulated Exhibits:
1. Deed to the Site
2. Statement of Kat Corrigan, Brunswick County EMS Operation Manager
3. 2008 CRC Final Agency Decision granting Town of Kure Beach's request for
variance to install a dune infiltration system.
4. Email chain in May 2008 between Town and NCDOT
5. March 16, 2017 scoping meeting attendance list and project narrative
6. October 20, 2018 report by W.K. Dickson to Town.
7. July 2018 meeting minutes for NCDOT and Town planning meeting
8. NCDOJT's proposed project budget breakdown
9. August 28, 2018 meeting minutes for NCDOT and Town meeting
10. Project narrative for DIS proposal
11. CAMA Minor Permit Application materials
12. Email notice of CAMA permit application to adjacent owners
13. Aerial photos of the Site overlain with historic shorelines
14.October 17, 2018 CAMA permit denial letter
15. Notice to adjacent neighbors of the variance request
16. PowerPoint showing the Site including pictures of past flooding events.
CONCLUSIONS OF LAW
1. The Commission has jurisdiction over the parties and the subject matter.
2. All notices for the proceeding were adequate and proper.
3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC
07J .0703(f) which must be found before a variance can be granted as set forth below.
a. Strict application of Commission's Setback Rules will cause unnecessary
hardships.
The Commission affirmatively finds that strict application of the Commission's Oceanfront
Erosion Setback Rules would cause Petitioner unnecessary hardship. These rules require develop
to be landward of the 60 foot setback as measure from the applicable static vegetation line. The
Commissin's Ocean Hazard rules are intended to protect oceanfront dunes by keqRLqC#WtVnt
5 JAIL 0 2 2019
nrni snnE nrinir; -MK1 Kirk

development landward of these important features and also to minimize losses to property from
storms and long-term erosion. In this case, the dune infiltration system is designed to be buried
under the dunes near the location of the floodwater collection point and to filter stormwater
underneath the dunes. After installation, the dune will be reconstructed and revegetated to its pre -
construction dimensions and condition. As the proposed system will be buried and is designed to
work within and under the dunes, a strict application of the ocean erosion setback rule causes the
Town unnecessary hardship.
Without the variance, Petitioner would not be able to build the proposed dune infiltration
system at the Site. The Commission affirmatively finds that Petitioner has shown that the hardship
caused by denying a permit for the proposed development is unnecessary insofar as the
Commission can protect the dune system through the design requirements of the project. For these
reasons, the Commission affirmatively finds that Petitioner has met the first factor without which
a variance cannot be granted.
b. Petitioner has demonstrated that the hardship results from conditions peculiar
to Petitioner's property.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship
results from conditions peculiar to the property. Specifically, the Commission notes that the Town
is located on a narrow peninsula which limits placement of both a main east -west road and the
development of a dune infiltration system that could meet the setback. Furthermore, the Site is
unique in being near the area of the Road where the flooding is most problematic. Finally, this Site
is the only available property with the size and topography to accommodate a dune infiltration
system. There are no properties left in Caswell Beach that are undeveloped and large enough to
accommodate the project. Accordingly, the Commission affirmatively FIA tFiR Petitioner has
6
J A N
PGNi VVILMItNGTON, NG

y
demonstrated that this hardship results from conditions peculiar to the property and has met the
second factor required for the grant of its request for a variance.
C. Petitioner has demonstrated that the hardship does not result from actions
taken by Petitioner.
The Commission affirmatively finds that Petitioner has demonstrated that the hardship does
not result from actions taken by the Petitioner. Specifically, the Town has not done anything that
causes the hardship. On this narrow peninsula, there are limited options for addressing flooding
along the Road. While pumping the stormwater into the sound or the ocean is an option. It takes a
while for the pumps to lower the water to allow safe use of the road limiting emergency access,
while also impacting water quality. The DIS designed would reduce or eliminate the need for
pumping stormwater off the Road and would have limited long-term impacts on the existing dune
within the setback. For these reasons, the Commission affirmatively finds that Petitioner has
demonstrated that they have met the third factor required for a variance.
d. Petitioner has demonstrated that the requested variance is consistent with the
spirit, purpose and intent of the Commission's rules, will secure public safety
and welfare, and will preserve substantial justice.
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. The principal purposes of the oceanfront erosion Setback
Rules is to protect oceanfront dune systems and to locate development more landward to reduce
storm impacts. In this case, impacts to the dune system will be short-term as the existing dune will
be rebuilt and vegetated after installation of the DIS. Also the risk of impacts will be reduced
because it will be buried under the dune. Thus, the Commission finds that the proposed
development is consistent with the spirit, purpose, and intent of the Commissior�:s, 6S **les
7
JAIL 02 Z019
--.h %A111 k%.11A1t_,r N1 hl

The second assessment to be made is whether the variance proposed by the Petitioner will
impact public safety and welfare. Petitioner submits, and the Commission agrees that the proposed
development, if granted a variance, will serve to protect the public safety and welfare. Not only
will the proposed DIS system improve road safety by removing flooding from the Road, it will
also enable emergency crews and vehicles to access the residents, the US Coast Guard Station Oak
Island, and the NC Baptist Assembly previously cutoff during flood events on the Road. In
addition, the proposed DIS will reduce water quality impacts because the amount of stormwater
pumped off the road will be reduced or eliminated.
Finally, the Commission agrees that a variance will preserve substantial justice insofar as
the CAMA statute already provides an exception for buried utilities within the setback but does
not provide an exception for this type of DIS technology despite the similarities in the purpose and
impact of such projects.
For these reasons, the Commission affirmatively finds that Petitioner has met the fourth
factor required by N.C.G.S. § 113A-120.1(a)
ORDER
THEREFORE, the requested variance from the Commission's oceanfront erosion setback
rule found at 15A NCAC 7H .0306(a)(2) and NCGS 113A-120(a)(8) is GRANTED.
JAN 0 2 2019
8
DCM WILMINGTON, NC

Petitioner is responsible for obtaining all other required permits 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 have materially changed.
This the 27th day of December 2018.
V
M. Renee Cahoon Chair
Coastal Resources Commission
RECEIVED
"BAN 02 2019
9
C?CM WILMINGTON, NC

CERTIFICATE OF SERVICE
This is to certify that I have this day served the foregoing FINAL AGENCY DECISION
upon the parties by the methods indicated below:
Chad Hicks, Town Manager
Town of Caswell Beach
1100 Caswell Beach Road
Caswell Beach, NC 28465
Justin K. Humphries, Esq.
The Humphries Law Firm, P.C.
1904 Eastwood Road, Suite 310A
Wilmington, NC 2840
Christine A. Goebel, Esq.
Assistant General Counsel
N.C. Department of Environmental Quality
217 West Jones Street
Braxton C. Davis
Angela Willis
Director of DCM
400 Commerce Ave.
Morehead City, NC 28557
This the 27th day of December, 2018.
+a`
Certified Mail/ Return Receipt Requested and
electronically: [e-mail]
U.S. Mail
electronically: [e-mail]
electronically: [e-mail]
[e-mail]
Mary L. Lucasse
Special Deputy Attorney General and Commission Counsel
N.C. Department of Justice
P.O. Box 629
Raleigh, N. C. 27602 RECEIVED
JAN 0 2 2019
10

ROY COOPER NORTH CAROLINA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director October 17, 2018
Town of Caswell beach
c/o Chad Hicks
1100 Caswell Beach Road
Caswell Beach, NC 28465
RE: DENIAL OF CAMA MINOR DEVELOPMENT
PERMIT APPLICATION NUMBER- CasB 18-01
PROJECT ADDRESS: Parcel ID 251NBO37 Caswell Beach, NC
Dear Mr. Hicks:
After reviewing your application in conjunction with the development standards required by the
Coastal Area Management Act (CAMA), it is my determination that no permit shall be granted
for the project which you have proposed.
This decision is based on my findings that your request violates NCGS 113A-120(a)(8) which
requires that all applications be denied which are inconsistent with CAMA guidelines.
Specifically, the development for which you applied consists of the construction of a Dune
Infiltration System, located within the 60 ft. Ocean Hazard Setback adjacent to the Atlantic
Ocean.
Upon Review, I have determined the requested scope of work is inconsistent with 15 NCAC 07H
.0306(a)(2) GENERAL USE STANDARDS OF OCEAN HAZARD AREAS, which states:
"With the exception of those types of development defined in 1 SA NCAC 07H .0309, no
development, including any portion of a building or structure, shall extend oceanward of the
ocean hazard setback distance"; and 15 NCAC 07H .0309(a) USE STANDARDS FOR
OCEAN HAZARD AREAS: EXCEPTIONS, which states: "The following types of
development shall be permitted seaward of the oceanfront setback requirements of Rule
.0306(a) of the Subchapter if all other provisions of this Subchapter and other state and local
regulations are met. (1) campsites; (2) driveways and parking areas with clay, packed sand or
gravel; (3) elevated decks not exceeding a footprint of 500 square feet; (4) beach accessways
consistent with Rule .0308(c) of this Subchapter; (5) unenclosed, uninhabitable gazebos with a
footprint of 200 square feet or less; (6) uninhabitable, single -story storage sheds with a
foundation of floor consisting of wood, clay, packed sand or gravel, and a footprint of 200
square feet or less; (7) temporary amusement stands; (8) sand fences; and (9) swimming
pools'
e:.x. � �— D_E
NORTH Q-S- I
O�y��rel MEnA��Otl-Or11 r

Town of Caswell Beach
10/17/18
Page Two
Should you wish to appeal my decision or request a variance from the Coastal Resources
Commission please contact me so I can provide you with the proper forms. The Division of
Coastal Management must receive appeal notices within twenty (20) days of the date of this
letter in order to be considered.
If you have any questions regarding this decision, please feel free to call me at [phone].
Sincerely,
Tara MacPherson
Field Specialist
Cc: C. Goebel, NCDEQ-OGC
Braxton Davis, NC DCM, Morehead City
WiRo Files

Environmental
Quality
TO:
FROM:
DATE:
RE:
ROY COOPER
V MICHAEL S. REGAN
WILLIAM F. LANE
Generut Counsel
DCM Permitting Staff and CAMA LPOs
Christine A. Goebel, Assistant General Counsel
October 6, 2017
Guidance on Local Variance Prerequisite before seeking CRC Variance
under 15A NCAC 7J .0701(a)
The Coastal Resources Commission's ("CRC") rule for seeking a variance from the CRC's rules for coastal
development ("CAMA Variance") includes the following language:
Before filing a petition for a variance from a rule of the Commission, the person must seek
relief from local requirements restricting use of the property...
This long-standing rule of the CRC was re -affirmed as recently as the 2009 update to the Variance rules. When it
discussed these rules, the Commission indicated an interest in having local governments provide variances from their
own setbacks in order for development to happen in those instances in which the CRC was asked to reduce the CAMA
setbacks.
Any petitioner requesting a CAMA Variance must seek a variance from applicable local requirements as a pre-
requisite before filing for a CAMA Variance. The purpose of this rule is to alleviate the need for or reduce the scope
of the CAMA variance and in this manner limit development in Areas of Environmental Concern protected by the
CAMA. Most often, this rule is applicable when the petitioner is seeking a variance from either the CRC's oceanfront
setbacks or from the CRC's 30' buffer rules. The variance sought from local governments is typically seeking to relax
local regulations/ordinances governing lot setbacks, such as street -side setbacks. If petitioner receives a variance from
a local government's street -side setback, the project can be sited further landward making the lot "buildable" for the
proposed development and may eliminate or reduce the need for a CAMAVariance.
Petitioner does not need to show that a variance from the local government's regulations was granted by the locality
in order to proceed with a CAMA Variance. Petitioner must simply show that a good faith attempt to receive a local
variance has been made. Sometimes there are situations where a local variance would not provide any relief to a
Petitioner. If you believe that is the case, please direct a potential variance petitioner to check with DCM legal counsel
to see if this is the case.
If you or the Petitioner have any questions about the application of this rule specifically, or about the variance process
generally, please contact me.
RECEIVED
OCT 17 2018
DCM WILMINGTON, NC
-:`-'''°Nothing Compares �,..�.
State of worth Carolina I Environmental Quality
A7 Wvct Inne% %tree•t 1 4,01 MAl iervii a Conter i Raleinh Nnrth Camlinn 77h99-1601

CAMA VARIANCE REQUEST FORM DCM FORM 11
DCM FILE No.:�� I e _0
PETITIONER'S NAME r ©-r 2,AWe)) &-4e_ L
COUNTY WHERE THE DEVELOPMENT IS PROPOSED
Pursuant to N.C.G.S. § 113A-120.1 and 15A N.C.A.C. 07J .0700 et seq., the above named
Petitioner hereby applies to the Coastal Resources Commission (CRC) for a variance.
VARIANCE HEARING PROCEDURES
A variance petition will be considered by the CRC at a regularly scheduled meeting, heard in
chronological order based upon the date of receipt of a complete petition. 15A N.C.A.C. 07J
.0701(e). A complete variance petition, as described below, must be received by the Division of
Coastal Management (DCM) a minimum of six (6) weeks in advance of the first day of a regularly
scheduled CRC meeting to be eligible for consideration by the CRC at that meeting. 15A N.C.A.C.
07J .0701(e). The final set of stipulated facts must be agreed to at least four (4) weeks prior to the
first day of a regularly scheduled meeting. 15A N.C.A.C. 07J .0701(e). The dates of CRC
meetings can be found at DCM's website: www.nccoastalmanagement.net
If there are controverted facts that are significant in determining the propriety of a variance, or if the Commission
determines that more facts are necessary, the facts will be determined in an administrative hearing. 15A N.C.A.C. 07J
.0701(b).
VARIANCE CRITERIA
The petitioner has the burden of convincing the CRC that it meets the following criteria:
(a) Will strict application of the applicable development rules, standards, or orders issued by the
Commission cause the petitioner unnecessary hardships? Explain the hardships.
(b) Do such hardships result from conditions peculiar to the petitioner's property such as the
location, size, or topography of the property? Explain.
(c) Do the hardships result from actions taken by the petitioner? Explain.
(d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose, and intent
of the rules, standards or orders issued by the Commission; (2) secure the public safety and
welfare; and (3) preserve substantial justice? Explain.
Please make your written arguments that Petitioner meets these criteria on a separate piece of paper.
The Commission notes that there are some opinions of the State Bar which indicate that non -attorneys may
not represent others at quasi-judicial proceedings such as a variance hearing before the Commission.
These opinions note that the practice ofprofessionals, such as engineers, surveyors or contractors,
representing others in quasi-judicial proceedings through written or oral argument, may be considered the
practice of law. Before you proceed with this variance request, you may wish to seek the advice of counsel
before having a non -lawyer represent your interests through preparation of this Petition.
For this variance request to be complete, the petitioner must provide the information listed
below. The undersigned petitioner verifies that this variance request is complete and
includes:

A copy of the permit decision for the development in question;
A copy of the deed to the property on which the proposed development would be located;
A complete description of the proposed development including a site plan;
A stipulation that the proposed development is inconsistent with the rule at issue;
Proof that notice was sent to adjacent owners and objectors*, as required by 15A N.C.A.C.
07J .0701(c)(7);
Proof that a variance was sought from the local government per 15A N.C.A.C. 07J
.0701(a), if applicable;
Petitioner's written reasons and arguments about why the Petitioner meets the four variance
criteria, listed above;
A draft set of proposed stipulated facts and stipulated exhibits. Please make these verifiable
facts free from argument. Arguments or characterizations about the facts should be
included in the written responses to the four variance criteria instead of being included in
the facts.
This form completed, dated, and signed by the Petitioner or Petitioner's Attorney.
*Please contact DCM or the local permit officer for a full list of comments received on your permit
application. Please note, for CAMA Major Permits, the complete permit file is kept in the DCM
Morehead City Office.
Due to the above information and pursuant to statute, the undersigned hereby requests a variance.
,Or/ --,�
Signature of Petitioner or Attorney
C �a P�.Ia_s
Printed Name of Petitioner or Attorney
& ov C o<5u,, II 13-e«,4 A-J,
Mailing Address
Cosw,914 n:tr-4 A)L o2f 6.S
City State Zip
o- o-1,
Date
C-�"CKS ®cae'swelibee-J,. Or
Email address of Petitioner or Attorney
)o 900-3a)i
Telephone Number of Petitioner or Attorney
(W)ar)1-36V
Fax Number of Petitioner or AtRWIVED
OCT 1 7 2018

DELIVERY OF THIS HEARING REQUEST
This variance petition must be received by the Division of Coastal Management at least six (6)
weeks before the first day of the regularly scheduled Commission meeting at which it is heard. A
copy of this request must also be sent to the Attorney General's Office, Environmental Division.
15A N.C.A.C. 07J .0701(e).
Contact Information for DCM:
By mail, express mail or hand delivery:
Director
Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
By Fax:
[phone]
By Email:
Check DCM website for the email
address of the current DCM Director
www.necoastalmanagement.net
Revised: July 2014
Contact Information for Attorney General's Office:
By mail:
Environmental Division
9001 Mail Service Center
Raleigh, NC 27699-9001
By express mail:
Environmental Division
114 W. Edenton Street
Raleigh, NC 27603
By Fax:
[phone]

VARIANCE CRITERIA
The petitioner has the burden of convincing the CRC that it meets the following criteria:
(a) Will strict application of the applicable development rules, standards, or orders issued by the
Commission cause the petitioner unnecessary hardships? Explain the hardships.
Yes. The Town of Caswell Beach has a rare opportunity to secure funding that will alleviate
dangerous stormwater flooding along the low-lying areas and land surface along Caswell Beach
Road. The areas of flooding cut off the Town, US Coast Guard Station Oak Island and the
North Carolina Baptist Assembly from essential emergency services, sometimes for days at a
time.
With the proposed Dune Infiltrating System (DIS) floodwater will be cleared from the road way
within 12 hours in the critical flooding areas and filtered into the subsurface sand instead of
being pumped for days into the ocean and marsh. This system will work best as presented in the
maps provided to our Local Permit Officer.
(b) Do such hardships result from conditions peculiar to the petitioner's property such as the
location, size, or topography of the property? Explain.
Yes. The property in question is the only available property with the size and topography to
accommodate this project. There are no properties left in Caswell Beach that are undeveloped and
none that have as much acreage as the proposed site for the stormwater dune infiltration system.
(c) Do the hardships result from actions taken by the petitioner? Explain.
No. There is nothing the Town of Caswell Beach has done that in anyway cause this hardship.
(d) Will the variance requested by the petitioner (1) be consistent with the spirit, purpose, and
intent of the rules, standards or orders issued by the Commission; (2) secure the public safety
and welfare; and (3) preserve substantial justice? Explain.
Yes. The CAMA development rules are put in place to protect the safety and property of the
people of North Carolina. Although this system is technically development it is more of an
underground utility that will be used to mitigate flooding dangers in the town. Should the system
be overtaken by a natural disaster there would be no danger to the public as in the case of a
structure washing away.
This project will also secure public safety and welfare in several ways. By removing flooded
stormwater from Caswell Beach Road emergency crews and vehicles will be able to access the
residents, US Coast Guard Station Oak Island, and the NC Baptist Assembly.
The Town of Caswell Beach feels that justice is preserved by allowing a variance to be issued for
this project. We do not foresee how this project could be of detriment to the State of North
Carolina.
RECEIVED
OCT 1 7 2018

VARIANCE APPLICATION
1. The project is a stormwater dune infiltration system that will be placed outside of
the 60' static line in the 300 block of Caswell Beach Road.
2. Permit decision to be provided by LPO.
3. Deed attached.
4. Site plan attached. This project is approximately 525' feet of buried infiltration
chambers that store water until it can be absorbed by the ground. This water is
filtered through the sand before entering the water table. A pipe will be used that
runs the length of Caswell Beach Road and to the infiltration system to transport
the flood water. The system will be buried, and all dunes and plantings restored so
that no evidence of the project will be visible.
5. The proposed project is outside of the static line but is within the 60' buffer making
it inconstant with CAMA development rules. We request a variance to allow the
project to be built inside the buffer zone.
6. Certified receipts attached.
7. Local government variance is not applicable.
8. The answers to the 4 variance criteria are attached.
9. Facts on project
a. Caswell Beach Road floods during storm events.
b. Flooding on Caswell Beach Road prevents emergency responders from accessing
residents in need.
c. The project will be below ground and not visible.
d. Flood water pumped into the infiltration containers are filtered before entering the
natural water table.
e. Caswell Beach has funding available to install project and eliminate dangerous flooding
on Caswell Beach Road during most storm events.
f. Caswell Beach Road floods several times per year.
g. The project cannot be practically moved from the proposed location and work as
designed.
h. The proposed project will be outside of the static line.
i. This project poses no danger or hindrances to the public.
j. This is an innovative project that is not harmful to the environment.
k. The project consists of approximately 525 square feet of underground piping and
infiltration chambers.
DECEIVED
OCT 17 2018

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iRECEIVEtp
• OCT 17 2018

/ OCEAN HAZARD AEC NOTICE
Project is in an: Ocean Erodible Area High Hazard Flood Area Inlet Hazard Area
Property Owner: TO `y h OC-aO "-e— A -lc:�6 c
Property Address: -3 () O (► 13e--, c 4 /U.
Date Lot Was Platted:
This notice is intended to make you, the applicant, aware of the
special risks and conditions associated with development in this
area, which is subject to natural hazards such as storms, erosion
and currents. The rules of the Coastal Resources Commission
require that you receive an AEC Hazard Notice and
acknowledge that notice in writing before a permit for
development can be issued.
The Commission's rules on building standards, oceanfront
setbacks and dune alterations are designed to minimize, but not
eliminate, property loss from hazards. By granting permits, the
Coastal Resources Commission does not guarantee the safety of
the development and assumes no liability for future damage to
the development. Permits issued in the Ocean Hazard Area of
Environmental Concern include the condition that structures be
relocated or dismantled if they become imminently threatened
by changes in shoreline configuration. The structure(s) must be
relocated or dismantled within two (2) years of becoming
imminently threatened, and in any case upon its collapse or
subsidence.
The best available information, as accepted by the Coastal
Resources Commission, indicates that the annual long-term
average oce erosion rate for the area where your property is
located is feet per year.
The rate was established by careful analysis of aerial
photographs of the coastline taken over the past 50 years.
Stu also indicate that the shoreline could move as much as
' s
feet landward in a major storm.
T e flood waters in a major storm are predicted to be about
feet deep in this area.
Preferred oceanfront protection measures are beach nourishment
and relocation of threatened structures. Hard erosion control
structures such as bulkheads, seawalls, revetments, groins, jetties
and breakwaters are prohibited. Temporary sand bags may be
authorized under certain conditions.
The applicant must acknowledge this information and
requirements by signing this notice in the space below. Without
the proper signature, the application will not be complete.
SPECIAL NOTE: This hazard notice is required fc
development in areas subject to sudden and massive storms an
erosion. Permits issued for development in this area expire o
December 31 of the third year following the year in which th
permit was issued. Shortly before work begins on the proje(
site, the Local Permit Officer must be contacted to determine th
vegetation line and setback distance at your site. If the propert
has seen little change since the time of permit issuance, and th
proposed development can still meet the setback requiremen
the LPO will inform you that you may begin work. Substantk
progress on the project must be made within 60 days of thi
setback determination, or the setback must be re -measured. Als(
the occurrence of a major shoreline change as the result of
storm within the 60-day period will necessitate re-measuremer
of the setback. It is important that you check with the LP(
before the permit expires for official approval to continue th
work after the permit has expired. Generally, if foundatioi
pilings have been placed and substantial progress is continuing
permit renewal can be authorized. It is unlawful to continu
work after permit expiration.
For more information, co t: �n
IAJr '
Local Permit Officer
C-o-y'OLJ
Address
VhA �kpNvc
Locality
� I - a�
Phone Number
Property Owner Signature Date

Hello Gary,
I hate to throw this at
you like this but I need a huge favor. We think that we have been awarded a grant from NCDOT that would alleviate the
stormwater ponds on Caswell Beach Road. The proposed project that NCDOT would fund is to have
the 3 areas that pond on CBR pumped into a dune infiltration system that would be installed on the lighthouse property
dunes. This system would not be visible and will be underground. All dunes will be replaced and revegetated as soon
as the project is installed.
Here is my problem. I have until tomorrow to submit to CAMA 'No Objection" from the adjacent property owners. I
know this is fast but I give you my word that this system will not be visible and the property will be restored to prior
condition. I have attached
a map that shows where the project will be placed. Please feel free to call me at 910-200-3217 if you have
any questions. Once again I apologize for the short notice.
Thank you,
Chad Hicks
RECEIVED
OCT 16'018

Chad Hicks
From: Gary Studer <[e-mail]>
Sent: Tuesday, October 16, 2018 9:19 AM
To: Chad Hicks
Subject: Re: Proposed Project
Thanks much. Does the grant include the replacement of dunes and revegetating, or is that the Town's responsibility?
That's a good timetable if the grant comes through as projected. Slow time of year, tourist -wise. I guess all we have to
contend with is the bridgel
On Tuesday, October 16, 2018, 8:47:51 AM EDT, Chad Hicks <[e-mail]> wrote.
Hello Gary,
Thanks for the quick response. The force main is the reclaimed water line that was installed but never put into
operation. The mounding is the limit of water that would travel from the infiltration basins. The water in the chambers is
absorbed into the sand and filtered and eventually ends in the groundwater. If we get this grant we hope to start in
February and be done in 6 weeks. I will certainly keep you in the loop of this project. And once again thanks for you
quick reply'
Chad
-----Original Message ----
From: Gary Studer <9arv.studer6Myahoo.com>
Sent: Monday, October 15, 2018 5:08 PM
To: Chad Hicks <chiakstfficaswwe,0beaoh.org>
Subject Re Proposed Project
Thanks for sharing this with us. do, however, have a couple of
informational questions on the attachment..
Is the Force Main (heavy blue line) the existing sewer line?
What are the mounding footprints (purple areas)? We are not familiar with that term.
Where does the water go from the chambers?
If the Town is awarded the grant, when is the projected start date and completion date?
Please continue to keep us informed on the project. Hopefully, this will eliminate this long-time problem.
Gary and Judy
On Mon, 10/15/18, Chad Hicks <chieks(Qcaswellbeach=> wrote:
Subject: Proposed Project
To: "Gary Studer' garvistuderftyahoo.corn>
Date: Monday, October 15, 2018, 4:05 PM
RECEIVED
OCT 16 "JJ',b

Chad Hicks
From: Murphy, Brian @ Washington DC <[e-mail]>
Sent: Monday, October 15, 2018 6:24 PM
To; Chad Hicks
Subject: Re: Stormwater Issue on Caswell Beach Road
Chad, Please forward me a copy of the engineering report for my review. Also, when the engineers indicated that the
dune infiltration system would have no impact on my property, do you know If they were aware that I have a basement
and that It had been flooded previously when the Town pumped water into those dunes on a prior occasion? JOdw
Thanks
Sent from my iPhone
On Oct 15, 2018, at 4:08 PM, Chad Hicks <[e-mail]> wrote:
Hello Brian,
I hate to throw this at you like this but I need a huge favor. We think that we have been awarded a
grant from NCDOT that would alleviate the severe flooding on Caswell Beach Road. The proposed
project that NCDOT would fund is to have the 3 areas that pond on CBR pumped into a dune Infiltration
system that would be installed on the lighthouse property dunes. This system would not be visible and
will be underground. All dunes will be replaced and revegetated as soon as the project is installed. Here
Is my problem. I have until tomorrow to submit to LAMA "No Objection" from the adjacent property
owners. I know this is fast but I give you my word that this system will not be visible and the property
will be restored to prior condition. I have attached a map that shows where the project will be
placed. Please feel free to call me at 910-200-3217 If you have any questions. Once again I apologize for
the short notice.
Thank you,
Chad Hicks
<Proposed Project Stormwater,pdf>
RECEIVED
OCT 1 6 , ,-,8
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Approximate location of static
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commun,1Y inIra,l, tu,a con,,llanf= 9ure p J P 1 in = 100 ft
Site 5 - 299 Caswell Beach Rd

Brunswick County --Register of Deeds
Robert J. Robinson
Inst #217753 Book 1971Page 315
06/30/2004 10: 46:19am Rec0 q8-2_ L Cf
TOTAL ,o .� 'f%�C- 1 c'C. ( e 1 U
REC#
CK AMT—,,, ... CK \
QUITCLAIM DEED
The UNITED STATES OF AMERICA, acting by and through the Secretary of the Interior, acting
by and through the Southeast Regional Director, National Park Service, under and pursuant to the
power and authority contained in the provisions of the Federal Property and Administrative Services
Act of 1949 (63 Stat. 377), as amended, and particularly as amended by Public Law 485, 91st
Congress, and regulations and orders promulgated thereunder (hereinafter designated "Grantor"), for
and in consideration of the perpetual use of the hereinafter described premises for public park and.
public recreation area purposes by the Town of Caswell Beach, North Carolina (hereinafter
designated "Grantee"), released and quitclaimed to Grantee, and to its successors and assigns, subject
to the reservations, exceptions, restrictions, conditions and covenants hereinafter expressed and set
forth, all Grantor's right, title and interest in and to the following approximately 5.71 acres of
described property, known as the Oak Island Light Tower, North Carolina, located at 300 A Caswell
Beach Road, Caswell Beach, North Carolina 28465, more particularly described as follows:
Parcel "B"
Beginning at an iron rod in the northern right-of-way of N.C. Highway 133, the southeast
corner of Lot 15, Block 3, Section `B" of Caswell Beach as recorded at Map Book 1, Page
123 of the Brunswick County Registry, having N.C. 1927 grid coordinates of N: 53314.49
E: 2292711.08 and being located South 74 degrees 50 minutes 39 seconds West 135.55 feet
from USC&G monument "catwalk" on the Oak Island Lighthouse and further being in the
western line of properties belonging to the U.S. Coast Guard; thence with said western line
and the eastern line of the aforementioned Lot 15, North 19 degrees 30 minutes 56 seconds
East 81.89 feet to an iron rod, the beginning corner of Parcel "A"; thence with parcel "A"
South 75 degrees 23 minutes 28 seconds East 185.17 feet to an iron rod, a corner of parcel
"A"; thence, South 14 degrees 36 minutes 32 seconds West 81.59 feet to an iron rod in the
northern right-of-way ofN.C. Highway 133, a corner of Parcel "A"; thence with the northern
right-of-way of said Highway 133, North 75 degrees 23 minutes 28 seconds West 192.17 feet
to the Point of Beginning. Being part of lands belonging to the U.S. Coast Guard described

Inst # 217753 Book 1971Page: 316
form the beginning, with said U.S. Coast Guard's western line and easterri line of said Lot
1 South 19 degrees 26 minutes 52 seconds West 136.61 feet to a concrete monument in said
line; thence continuing, South 19 degrees 59 minutes 32 seconds East 233.35 feet to a point
where said western line of U.S. Coast Guard lands intersects with the mean high water mark
of the Atlantic Ocean; thence with said high water mark South 74 degrees 44 minutes 02
seconds East 564.31 feet to a point in the eastern line of the aforementioned U.S. Coast
Guard lands; thence with said eastern line North 37 degrees 29 minutes 55 seconds East
266.43 feet to an iron pipe, the southwest corner of Lot 9, Block 2, Section `B" of Caswell
Beach as recorded at Map Book 1, Page 123 of the Brunswick County Registry; thence with
the eastern line of the U.S. Coast Guard's lands and the western line of said Lot 9 North 37
degrees 29 minutes 55 seconds East 142.70 feet to an iron rod in the southern right-of-way
of N.C. Highway 133, the northwest corner of Lot 9; thence with the southern right-of-way
of N.C. Highway 133, North 75 degrees 33 minutes 24 seconds East 690.0 feet to the Point
of Beginning; being part of lands belonging to the U.S. Coast Guard described as the Oak
Island Life Boat Station, district 5, C.G., dated 7-17-39, under Title "A" Property Report of
the Brunswick County Registry, containing 5.36 acres more or less and being all of parcel
4,c„
This conveyance is made subject to any and all existing rights -of -way, easements and
covenants and agreements affecting the above -described premises, whether or not the same now
appear of record, including but not limited to the following:
l . A permit issued on March 1, 2002 to the Army Corps of Engineers for placement of
an antenna on the light tower.
2. An easement conveyed to the Town of Caswell Beach on July 11, 1991 for the
placement and maintenance of water service equipment.
3. An easement conveyed to Southern Bell Telephone and Telegraph Company on July
29, 1983.
To Have and to Hold the hereinbefore described property, subject to the reservations,
exceptions, restrictions, conditions and covenants herein expressed and set forth unto the Grantee,
its successors and assigns, forever.
Pursuant to authority contained in the Federal Property and Administrative Services Act of 1949,
as amended, and applicable rules, regulations and orders promulgated thereunder, the General
Services Administration determined the subject property to be surplus to the needs of the United
States of America and assigned the property to the Department of the Interior for further conveyance
to the Town of Caswell Beach, North Carolina.
It is agreed and understood by and between the Grantor and Grantee, and the Grantee, by its
acceptance of this deed, does acknowledge its understanding of the agreement, and does covenant
and agree for itself, and its successors and assigns, forever, as follows:
Page 2 of 9

Inst # 217753 Book 1971Page: 317'
1. The property shall be used and maintained for the public purposes Tor whic it was -
conveyed in perpetuity as set forth in the Program of Utilization and Plan contained in the
application, submitted by the Grantee on June 23, 2003, which program and plan may be amended
from time to time at the request of either the Grantor or Grantee, with the written concurrence of the
other party, and such amendments shall be added to and become a part of the original application.
2. The Grantee shall, within 6 months of the date of this deed of conveyance, erect and
maintain a permanent sign or marker near the point of principal access to the conveyed area which
says:
This park land was acquired through the FEDERAL LANDS TO PARKS
PROGRAM of the United States Department of the Interior, National Park Service,
for the public's recreational use and enjoyment.
3. The property shall not be sold, leased, assigned, or otherwise disposed of except to
another eligible governmental agency that the Secretary of the Interior agrees in writing can assure
the continued use and maintenance of the property for public park or public recreational purposes
subject to the same terms and conditions in the original instrument of conveyance. Any mortgage,
lien, or any other encumbrance not wholly subordinate to the reverter interest of the Grantor shall
constitute an impermissible disposal. However, this provision shall not preclude the Grantee and its
successors or assigns from issuing revenue or other bonds related to the use of the property to the
extent that such bond shall not in any way restrict, encumber, or constitute a lien on the property.
Further, nothing in this provision shall preclude the Grantee from providing related recreational
facilities and services compatible with the approved application, through concession agreements
entered into with third parties, provided prior concurrence to such agreements is obtained in writing
from the Secretary of the Interior.
4. From the date of this conveyance, the Grantee, its successors and assigns, shall submit
biennial reports to the Secretary of the Interior, setting forth the use made of the property during the
preceding 2-year period, and other pertinent data establishing its continuous use for the purposes set
forth above, for ten consecutive reports and as further determined by the Secretary of the Interior.
5. All revenue received by the Grantee through concession agreements, use permits, or other
fees generated by activities on the property shall be used only for the implementation of an approved
Program of Utilization or the operation of park and recreation facilities and programs on the
property. After the Program of Utilization is completed, and as long as the property is properly and
sufficiently operated and maintained, the revenue may be used for other public park and recreational
purposes by the Grantee. Any revenue received by the Grantee which is generated on or by the
operation of the property shall not be used for non -recreational purposes. Any revenue received by
the Grantee which is generated through the operation of the property shall be listed and accounted
for in its biennial reports to the National Park Service.
Page 3 of

Inst # 217753 Book 197-lPage: 318
6. The Grantor, and any representative it may so delegate, shall have the right of entry upon
said premises at any time to conduct inspections of the property for the purpose of evaluating the
Grantee's compliance with the terms and conditions of this deed.
7. The Grantee agrees that the U.S. Coast Guard (USCG) retains the unrestricted right: (a)
to an "arc of visibility" easement; (b) to add a communications tower(s) and associated buildings
and equipment and make any changes to the property as may be necessary for the USCG National
Distress System; (C) to keep the aid to navigation and associated equipment in the light tower
structure; (d) of access and ingress at all times for USCG personnel to service, add to, maintain,
operate, repair and replace the aid to navigation and any associated equipment; and (e) to relocate
or add any aids to navigation, or make any changes on any portion of the property as may be
necessary for navigational purposes.
S. As part of the consideration for the Deed, the Grantee covenants and agrees for itself, its
successors and assigns, that (1) the program for or in connection with which this Deed is made will
be conducted in compliance with, and the Grantee, its successors and assigns, will comply with all
requirements imposed by or pursuant to the regulations of the Department of the Interior in effect
on the date of this Deed (43 C.F.R. Part 17) issued under the provisions of Title VI of the Civil
Rights Act of 1964 (42 U.S.C. 2000d-1); (2) this covenant shall be subject in all respects to the
provisions of said regulations; (3) the Grantee, its successors and assigns, will promptly take and
continue to take such action as may be necessary to effectuate this covenant; (4) the United States
shall have the right to seek judicial enforcement of this covenant, and (5) the Grantee, its successors
and assigns, will (a) obtain from each other person (any legal entity) who, through contractual or
other arrangements with the Grantee, its successors and assigns, is authorized to provide services or
benefts under said program, a written agreement pursuant to which such other person shall, with
respect to the services or benefits which he is authorized to provide, undertake for himself the same
obligations as those imposed upon the Grantee, its successors and assigns, by this covenant, and (b)
furnish a copy of such agreement to the Secretary of the Interior, or his successor; and that this
covenant shall run with the land hereby conveyed, and shall in any event, without regard to technical
classification or designation, legal or otherwise, be binding to the fullest extent permitted by law and
equity for the benefit of, and in favor of the Grantor and enforceable by the Grantor against the
Grantee, its successors and assigns.
9. The Grantee agrees to comply with the requirements of Public Law 90-480 (82 Stat. 718),
the Architectural Barriers Act of 1968, as amended by Public Law 91-20.5 of 1970 (84 Stat. 49), and
the Americans with Disabilities Act of 1990 (104 Stat. 337) to assure that development of facilities
on conveyed surplus properties for public park and recreation purposes are accessible to the
physically handicapped; and, further assure in accordance with Public Law 93-112, the
Rehabilitation Act of 1973 (87 Stat. 394), that no otherwise qualified handicapped individual shall
solely by reasons of his handicap be excluded from the participation in, be denied benefits of, or be
subjected to discrimination under any program or activity receiving Federal financial assistance.
Page 4 of 9

Inst # 23-7753 Book :1971Page: 319
10. The Grantee, by acceptance of this deed, acknowledges that it has received the
following notice of hazardous substance activity and reservation of access by the Grantor concerning
the herein described lands. Each of these statements is given by the Grantor in compliance with
Section 120(h)(3) of the Comprehensive Environmental Response, Compensation and Liability Act
of 1980, as amended (CERCLA), 42 U.S.C. §9620(h)(3):
(A) NOTICE Regarding Hazardous Substance Activity. Pursuant to 40 C.F.R. 373.2 and
Section 120(h)(3)(A)(I) of the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended (CERCLA)(42 U.S.C. § 9620(h)(3)(A)(1), and based upon a
complete search of agency files, the United States gives notice that no hazardous substances have
been released or disposed of or stored for one year or more on the conveyed property.
(B) CERCLA Covenant. The Grantor warrants that all remedial action necessary to protect
human health and the environment has been taken before the date of this conveyance.
Grantor warrants that it shall take any additional response action found to be necessary after
the date of this conveyance regarding hazardous substances located on the subject property
on the date of this conveyance.
(1) This covenant shall not apply:
(a) in any case in which Grantee, its successors or assigns, or any successor in interest
to the subject property or part thereof is a Potentially Responsible Party (PRP) with
respect to the subject property immediately prior to the date of this conveyance; or
(b) to the extent but only to the extent that such additional response action or part
thereof found to be necessary is the result of an act or failure to act of the Grantee,
its successors or assigns, or any party in possession after the date of this conveyance
that either:
(I) results in a release or threatened release of a hazardous substance that was not
located on the subject property on the date of this conveyance; or
(ii) causes or exacerbates the release or threatened release of a hazardous substance
the existence and location of which was known and identified to the applicable
regulatory authority as of the date of this conveyance.
(2) In the event Grantee, its successors or assigns, seeks to have Grantor conduct any
additional response action, and, as a condition precedent to Grantor incurring any additional
cleanup obligation or related expenses, Grantee, its successors or assigns, shall provide
Grantor 45 days written notice of such a claim. In order for the 45-day period to commence,
such notice must include credible evidence that:
(a) the associated contamination existed prior to the date of this conveyance; and
Page 5 of 9

Inst # 217753 Book 1971Page: 320
(b) the need to conduct any additional response action or part thereof was not the
result of any act or failure to act by the Grantee, it successors or assigns, or any party
in possession.
(C) Access. Grantor reserves a right of access to all portions of the subject property for
environmental investigation, rededication or other corrective action. This reservation
includes the right of access to and use of available utilities at reasonable cost to
Grantor. These rights shall be exercisable in any case in which a remedial action,
response action or corrective action is found to be necessary, or in which access is
necessary to carry out a remedial action, response action, or corrective action on
adjoining property. Pursuant to this reservation, the United States of America, and
its respective officers, agents, employees, contractors and subcontractors shall have
the right (upon reasonable advance written notice to the record title holder) to enter
upon the subject property and conduct investigations and surveys, to include drilling,
test -pitting, bores, data and records compilation and other activities related to
environmental investigation, and to carry out remedial or removal actions as required
or necessary, including but not limited to the installation and operation of monitoring
wells and pump wells, and treatment facilities. Any such entry, including such
activities, responses or remedial actions, shall be coordinated with Grantee, its
successors and assigns, and shall be performed in a manner that minimizes
interruption with activities of authorized occupants.
11. Grantee acknowledges that this property is eligible for listing on the National Register
of Historic Places. Grantee shall be on the lookout for archeological artifacts during any
construction activities and shall take appropriate action should any artifacts be discovered. Grantee
shall comply with the provisions of 36 C.F.R. Part 800, regarding protection of historic and cultural
properties. Grantee's development plans shall avoid sites identified by a Cultural Resources
Assessment of the property, and, prior to any alteration or construction on the property, Grantee shall
consult with the North Carolina State Historic Preservation Office.
12. The Grantee agrees that the structure situated on the said property will be preserved and
maintained in accordance with plans approved in writing by the North Carolina State Historic
Preservation Office and development of the property shall be in compliance with the Secretary of
the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and
the development plans shall be approved by the North Carolina State Historic Preservation Office.
13. The Grantee agrees to comply with the National Environmental Policy Act of 1969, as
amended, the 1977 Amendments to the Federal Water Pollution Control Act (Clean Water Act of
1977), the Federal Disaster Protection Act of 1973 (87 Stat. 975), Executive Order 11288, Executive
Order 11990 (May 24, 1977) for Protection of Wetlands and Executive Order 11988 (May 24, 1977)
for Floodplain Management, where and to the extent said Amendments and Orders are applicable
to the property herein conveyed, and Grantee shall be subject to any use restrictions issued under said
Amendments and Orders.
Page 6 of 9

Inst # 217753 Book 1971Page: 321
14. The structure on this site was erected prior to 1978, at which time the use of lead -based
paint (LBP) was common throughout the United States, including on government buildings. The
age of the structure on the subject property suggests that there is a likelihood that LBP is present on
this structure. While there have been significant efforts to limit dosages of lead in the workplace,
these efforts to date have not identified the historical use of LBP as requiring special measures.
Therefore no action has been taken with regard to LBP. The Grantee acknowledges that there is LBP
on the structure and will comply with the regulations regarding LBP. Further, the Grantee shall be
responsible for abating all LBP hazards prior to occupancy of the property by children six (6) years
of age and under, as described in 24 C.F.R. § 35.24.
15, The Grantee shall comply with all applicable Federal, State, and local laws, regulations
and standards that are or may become applicable to the Grantee's activities on the property being
conveyed.
15. In the event there is a breach of any of the conditions and covenants herein contained
by the Grantee, its successors and assigns, whether caused by the legal or other inability of the
Grantee, its successors and assigns, to perform said conditions and covenants, or otherwise, all right,
title and interest in and to said premises shall revert to and become the property of the Grantor at its
option, which in addition to all other remedies for such breach shall have the right of entry upon said
premises, and the Grantee, its successors and assigns, shall forfeit all right, title and interest in said
premises and in any and all of the tenements, hereditaments and appurtenances thereunto belonging;
provided, however, that the failure of the Secretary of the Department of the Interior to require in any
one or more instances complete performance of any of the conditions or covenants shall not be
construed as a waiver or relinquishment of such future performance, but the obligation of the
Grantee, its successors and assigns, with respect to such future performance shall continue in full
force and effect. The Grantee, by its acceptance of this deed, covenants and agrees for itself, and its
successors and assigns, that in the event the Grantor exercises its option to revert all right, title, and
interest in the property to the Grantor, or the Grantee voluntarily returns title to the property in lieu
of a reverter, then the Grantee shall provide protection to and maintenance of said property at all
times until such time as the title is actually reverted or returned to and accepted by the Grantor,
including the period of any notice of intent to revert. Such protection and maintenance shall, at a
minimum, conform to the standards prescribed by the General Services Administration in its Federal
Property Management Regulations, 41 C.F.R. 101 - 47.402, in effect at the time of the reversion.
IN WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name
and on its behalf this the ! R rt µ day of u 52004.
UNITED STATES OF AMERICA
acting by and through the
Secretary of the Interior
Page 7 of 9

Inst # 217753
Through:
Regional Director
Southeast Region
National Park Service
Book 1971Page: 322
By:
Wallace C. Brittain
Chief, Recreation and
Conservation Division
STATE OF GEORGIA )
)ss
COUNTY OF FULTON )
On this $ rµ day of .*t eJN E , 2004, before me, the subscriber,
personally appeared Wallace C. Brittain, National Park Service, of the United States Department of
the Interior, a governmental agency of the United States of Ainerica, and known to me to be the same
person described in and who executed the foregoing instrument, as the act and deed of the United
States of America, for and on behalf of the Secretary of the Interior, duly designated, empowered and
authorized so to do by said Secretary and he acknowledges that he executed the foregoing instrument
for and on behalf of the United States of America for the purposes and uses therein described.
NOTARY PUBLIC
My commission expires:
2,00(o
o
rn
OV
The foregoing conveyance is hereby accepted and the undersigned agrees, by this
acceptance, to assume and be bound by all the obligations, conditions, covenants and agreements
therein contained.
TOWN OF CASWELL
STATE OF NORTH CAROLINA
Page 8 of 9

Inst # 217753 Book 1971Page: 323
INA
COUNTY OF BRUNSWICK
01
)ss
:Q 5
w, •• ••_ � erg
110 ••yN.N•—�V ,4
�rH C N
On this day of �cf�� , 2004, before me, the undersigned
Officer, personally appeared Harry Q. Simmons, Jr., to me known and known to me to be the same
person whose name is subscribed to the foregoing acceptance, who being by me duly sworn, did
depose and say that he is Mayor of the Town of Caswell Beach, North Carolina, that he is duly
designated, empowered and authorized by Resolution/Certification of Authority to Acquire Property
of the Town Council of the Town of Caswell Beach, North Carolina, which resolution was presented
and adopted on June 12, 2003, to execute the foregoing acceptance and sign his name thereto; and
that he signed his name thereto and acknowledges that he executed the foregoing instrument for and
on behalf of the Town of Caswell Beach, North Carolina, for the purposes and uses therein
described.
My Commission expires:
og-O4/- -?,00/,7
oa C. eF".
CY GLJ � • iiJ'YIF� � �I ••• �•.• �jlj ri
NOTARY PUBLIC I40TA , s�
r
CQoN\
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
The Foregoing (or annexed) Certificate(s) of �. ��` C,1 _axv�
Notary(ies) Public is (are) Certified to be Correct.
This Instrument was filed for Registration on this 1-3 0— Day of iume�04
in the Book and page shown on the First Page hereof. `
R OVIORT J. RO I SON, Register of Deeds
Page 9 of

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. 1
Received
Deposited
Permit Holder
Number
amount
Number/Comments
10/18/2018
Town of Caswell
Town of Caswell
BB&T
16488
$100.00
minor fee, 300A Caswell
Tmac rct.
Beach
Beach
Beach Rd, Caswell Beach
BRCo

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. i
Received
Deposited
Permit Holder
Number
amount
Number/Comments
10/18/2018
Town of Caswell
Town of Caswell
BB&T
16488
$100.00
minor fee, 300A Caswell
Tmac rct.
Beach
Beach
Beach Rd, Caswell Beach
BRCo

--- v
TOP OF CHAMBER = 9.7'
GRAVEL LAYER = 7.7' ELE
GRAVEL LAYER = 5.7' ELE
1 (`W A kAQF-Q
TOP OF GRAVEL LAYER
SEASONALLY HIGH WATER TABLE 4.7' ELEV.
OBTAINED FROM PAGE 1 TABLE OF GEOTECH
REPORT FOUND IN APPENDIX A.
NOTES:
t. THE ELEVATIONS SHOWN ON THIS FIGURE ARE APPROXIMATE DIE
AND ARE PROVIDED FOR RELATIVE REFERENCE ONLY. THESE P
ELEVATIONS AND MEASURE -DOWNS WERE OBTAINED FROM
COUNTY GIS DATA SOURCE AND SHOULD NOT BE USED FOR
ANY DETAILED DESIGN OR INSTALLATION ACTIVITIES. IT IS
RECOMMENDED THAT A MORE DETAILED SITE SURVEY BE
PERFORMED BY A NC LICENSED PROFESSIONAL LAND SURVEYOR
BEFORE ANY DESIGN PLANS ARE GENERATED.
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TOP OF CHAMBER = 9.7'
GRAVEL LAYER = 7.7' ELE
GRAVEL LAYER = 5.7' ELE
1 rW A AAR�:_G?
iv I wry Mr-3M UN
TOP OF GRAVEL LAYER
SEASONALLY HIGH WATER TABLE = 4.7' ELEV.
OBTAINED FROM PAGE 1 TABLE OF GEOTECH
REPORT FOUND IN APPENDIX A.
NOTES:
1. THE ELEVATIONS SHOWN ON THIS FIGURE ARE APPROXIMATE
AND ARE PROVIDED FOR RELATIVE REFERENCE ONLY. THESE
ELEVATIONS AND MEASURE -DOWNS WERE OBTAINED FROM
COUNTY GIS DATA SOURCE AND SHOULD NOT BE USED FOR
ANY DETAILED DESIGN OR INSTALLATION ACTIVITIES. IT IS
RECOMMENDED THAT A MORE DETAILED SITE SURVEY BE
PERFORMED BY A NC LICENSED PROFESSIONAL LAND SURVEYOR
BEFORE ANY DESIGN PLANS ARE GENERATED.
LJv I/ l_I IP\IV) u C.n
- GRAVEI
NYLON
TOP OF
LA
PRELIMINARY DRAWING- FOR REVIEW PU