OI_08-39_ Oak (2)

LF
WiRO 08-39
For Oak Island Permit Number
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 Oak Island, c/o Gene Kudgus, authorizing development in the Estuarine Shoreline (AEC) at the
end of NE 2nd Street, in Oak Island, Bruns .,:,ck County, u royuested in the permittce's application, dated 9/4103. T hi
permit, issued on 8/21/09, 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 ma)
subject permittee to a fine, imprisonment or civil action, or may cause the permit to be null and void.
This permit authorizes: the construction of a gravel parking area, wooden steps to a 10' in length by 20' in width elevated, wooden,
slatted, unroofed platform and 4' wide steps off the bulkhead.
(1) All proposed development and associated construction must be done in accordance with the permitted work pla
drawings(s) dated revised on 10/18/08 and received on October 31, 2008.
(2) All 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. Construction shall be consistent with US Army Corps o
Engineers Consent No. DACW21-0-09-5009, issued August 11, 2009.
(3) Any change or changes in the plans for development, construction, or land use activities will require a re-evaluation an(
modification of this permit.
(4) A copy of this permit shall be posted or available on site. Contact this office at [phone] for a final inspection 2
completion of work.
(Additional Permit Conditions on Page 2) RECEIVE
♦1IA - - ----
This permit action may be appealed by the permittee or other qualified 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, 2012
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 Coastal
DCM WILMINGTON, l
Heather Coats
CAMA Field Representative
127 Cardinal Drive Extension
Wilmingto , NC 28405
PERMI EE

Name: Town of Oak Island,c/o Gene Kudgus
Minor Permit # 09-39
Date: August 21, 2009
Page 2
(5) No impervious surface within the AEC is authorized under this permit.
(6) Unless specifically allowed in 15A NCAC 07H. 0209(d)(10), and shown on the permitted plan drawing, all
development/construction shall be located a distance of 30 feet landward of normal high water. The 20' x 10'
platform shall be located entirely landward of the bulkhead, shall be elevated, slatted, wooden and unroofed, as
required in 15A NCAC 07H.0209(d)(10)(F), and shall not exceed a total area of 200 square feet. The platform and
stairs shall be elevated above the existing grade, so as to not cut into the existing slope of the bank.
(7) All unconsolidated material resulting from associated grading and landscaping shall be retained on site by effective
sedimentation and erosion control measures. No grading within the 30' buffer, as measured from the normal
high water, is authorized under this permit. 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 properly stabilized with a vegetative cover. The silt fence shall be properly maintained throughout the
construction period and shall be installed such that it is properly toed -in to the soil.
(8) All disturbed areas outside of the authorized parking area shall be vegetatively stabilized (planted and mulched)
within 14 days of construction completion.
(9) The exempt access stairs waterward of the bulkhead shall be consistent with plans, local ordinances and NC
building code.
(10) If a court of competent jurisdiction determines that a party other than the permittee has legal rights to any part of the
area approved under this permit, this permit shall be null and void as to the area the court determines is not owned
by the permittee. This condition shall take effect on the date such court judgment becomes final. In such event, the
permittee shall consult DCM prior to initiating or continuing any further development under this permit.
SIGNATURE: t`° DATE: 401, 26 , Z00 l
PERMIT

Locality
Ocean Hazard Estuarine Shoreline
GENERAL INFORMATION
LAND OWNER
Name: Town of Oak Island
Address: 4601 East Oak Island Drive
City: Oak Island
AUTHORIZED AGENT
Permit Number
ORW Shoreline Public Trust Shoreline Other.
(For official use onIN-)
State: NC Zip: 28465
Name: Gene Kudgus Public Works Director Town of Oak Island
Address: 4601 East Oak Island Drive
City: Oak Island
State: NC Zip: 28465
Phone: [phone]
Phone: [phone]
LOCATION OF PROJECT: (Address street name and/or directions to site. If not oceanfr what is the name of the
adjacent waterbody.) AC' Z ; ? V �"4 S-Ar'ee,t e � a/ 'f-F 6, ya c h f ?�� i ✓'e
a4 _T4-6-a coos -fa/ wa-lew- VUa y.
DESCRIPTION OF PROJECT: (List all proposed construction and land disturbance.) Public access, parking,
deck area, stairs to Intracoastal Waterway. pu W ; c a 8 s, w p av l/u hl s p a e -i , S (u s -fo 2: c +� CO
tAwti4 detil� &„� o�9a'v► / p C.N.iZB) 4�i ,A T wn �.O,W
SIZE OF LOT/PARCEL: / 2 /Z. quare feet d - Z 8 acres f`
PROPOSED USE: Residential ❑ (Single-family ❑ Multi -family ❑) Commerical/Industrial ❑ X Other Public
access9
TOTAL ENCLOSED FLOOR AREA OF A BUILDING IN THE OCEAN HAZARD AREA OF
ENVIRONMENTAL CONCERN (AEC): square feet (includes all floors and roof covered decks)
SIZE OF BUILDING FOOTPRINT AND OTHER IMPERVIOUS OR BUILT -UPON SURFACES IN THE
COASTAL SHORELINE AREA OF ENVIRONMENTAL CONCERN (AEC): - O - square feet (Calculations
includes the area of the roof/drip line of all buildings, driveways, covered decks, concrete or masonry patios, etc. that are
within the applicable AEC.)(Attach your calculations with the project drawing .)
Choo the AEC area that applies to your property:
@1 within 75 feet of Normal High Water for the Estuarine Shoreline AEC
(2)within 575 feet of Normal High Water for the Estuarine Shoreline AEC, adjacent to Outstanding Resource Waters
(3)within 30 feet of the Public Trust Shoreline AEC
(Contact your Local Permit Officer if you are not sure which AEC applies to your property.)
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 ❑ NO Xpf
If yes, list the total built upon areahinpervious surface allowed for your lot or parcel. square feet.
RECEIVED
SEP 0 8 2008

OTHER PERMITS MAY BE REQUIRED: The activity you are planning may require permits other than the CAMA minor development permit
As a service we have compiled a listing of the kinds of permits that might be required. We suggest you check over the list with your LPO to
determine if any of these apply to your project. Zoning, 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.
STATEMENT OF OWNERSHIP:
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) p
c to u� OGt< SS(�GC
(f an owner or record title, Title is vested in , se4:Duud=8mk
page in the County Registry of Deeds.
❑ an owner by virtue of inheritance. Applicant is an heir to the estate of ;
probate was in County.
Rif other interest such as written contract or lease, explain below or use a separate sheet and attach to this application.
-- pub[<< k4Jkt - 4- Wa) ) far,,,,st„,-cL, CG,L.,A4 1JJ Tu-)c. M2-3q E
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)
1 k [IAV 13qf Vn3d,,L br,v(Ad ressalp) 1. C z�7G lS
(2) Palspr,Ve oAl T's('-'d� 4
(3)
(4)
FOR DEVELOPERS IN OCEAN HAZARD AND ESTUARINE HAZARD AREAS:
I 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 particular
hazard problems associated with this lot. This explanation was accompanied by recommendations concerning stabilization
and floodproofing techniques.
PERMISSION TO ENTER ON LAND:
I furthermore certify that I am authorized to grant and do in fact grant permission to the local permit officer and his agents
to enter on the aforementioned lands in connection with evaluating information related to this permit application.
This application includes: general information (this form), a site drawing as described on the back of this application, the
ownership statement, the AEC hazard notice where necessary, a check for $100.00 made payable to the locality, and any
information 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 in an AEC without permit is subject to civil, criminal and administrative action.
This the L4 r-L day of Se- , 20 a &
p,.bc-c- CO3,-/k. s D-vtCA"-
T a1 0-k -!-Siang.
Landowner or persKtbJd his agen
for purpose of filing a CAMA permit applicatioi
SEP 0 S gnnQ

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Town of Oak Island
4601 E. Oak Island Drive
Oak Island, NC 28465
Attn: Gene Kudgus
Division of Coastal Management
James H. Gregson
Director
September 15, 2009
Re: Reinstatement of CAMA Minor Permit #08-39
Dear Mr. Kudgus:
Dee FreeniE
Secretar
You were informed, by certified mail, that the Chairman of the Coastal Resources Commission,
Robert Emory, received a request for an administrative hearing to challenge CAMA Minor Permit
#08-39. The request was filed on behalf of Petitioner Robert Haverkamp on August 31, 2009.
Your CAMA Permit was automatically suspended upon receipt of this hearing request and you
were instructed not to undertake any development under this permit until further notice.
Please be advised that Chairman Emory has DENIED this third party hearing request. At this
time, CAMA Minor Permit #08-39 is reinstated and you may now undertake development on this
property pursuant to the permit.
Please contact me at 252-808-2808 if you have any further questions.
Sincerely,
4' CsL.r
oer-%
James H. Gregson
Director
cc: Ted Tyndall
Steve Everhart
400 Commerce Ave., Morehead City, NC 28557-3421 One
Phone: [phone] FAX: [phone] Internet: www. nccoastal management, net NolthCarol inn

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue, Governor James H. Gregson, Director Dee Freeman, Secretary
Town of Oak Island
4601 E. Oak Island Drive
Oak Island, NC 28465
Attn: Gene Kudgus
August 31, 2009
CERTIFIED MAIL (7008 1830 0000 7330 1258)
RETURN RECEIPT REQUESTED
Re: Suspension of Work / Appeal of CAMA Permit Decision
Dear Mr. Kudgus:
The Chairman of the Coastal Resources Commission, Robert Emory, has received a request for
an administrative hearing to challenge CAMA Minor Permit #08-39 issued to the Town of Oak
Island. The Third Party Hearing Request was filed on behalf of petitioner Robert Haverkamp on
August 31, 2009. Under N.C.G.S. §113A-121.1 (the Coastal Area Management Act), your
CAMA permit is automatically suspended upon receipt of a hearing request and will remain
suspended until either: (1) Chairman Emory denies the hearing request (under standards set out
in the statute); or (2) there is a final Coastal Resources Commission decision on the permit
appeal. You may not undertake any development under the permit until further notice after
Chairman Emory issues his decision.
The Division of Coastal Management will prepare a recommendation for the Chairman on
whether to grant or deny the hearing request. The Chairman must make a decision within 15
days after receipt of the hearing request. Therefore his decision is due close of business on
September 15, 2009. If you wish to submit any materials for the Chairman's consideration in
ruling on the request for contested case hearing, please send them to me as soon as possible.
Sincerely,
T' G��* o-en RECEIVEC)
Jim Gregson DCM WILMINGTON, NC
Director 2009
SEP 0 3
cc: Ted Tyndall
Steve Everhart
400 Commerce Avenue, Morehead City, North Carolina 28557
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DISTRIBUTION: DATE g 1)9 ; CESAS-RE- ; CESAw-PM-c ;
CESAS-RE-MC-NC/VA_; Town of Oak Island l
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
SAVANNAH DISTRICT
CONSENT NO. DACW21-9-09-5009
TOWN OF OAK ISLAND
ATLANTIC INTRACOASTAL WATERWAY
CAPE FEAR RIVER, NC TO LITTLE RIVER, SC SECTION
BRUNSWICK COUNTY, NORTH CAROLINA
WHEREAS, THE UNITED STATES OF AMERICA, hereinafter called the
"GRANTOR" has acquired an easement for the lands hereinafter described for the operation and
maintenance of the Atlantic Intracoastal Waterway (AIWW), including that particular property
designated as a portion of Tract 2E of the Cape Fear River, NC to Little River, SC Section of
the AIWW, said Easement for Tract 2E being recorded in Deed Book 54, Page 488, and re -filed
in Deed Book 699, Page 329 in the records of Brunswick County, North Carolina.
WHEREAS, the Town of Oak Island, hereinafter referred to as the "Grantee", desires to
construct an observation deck, a portion of a parking lot and connecting wooden stairs for the
Town of , Brunswick County, (hereinafter, the "Facilities") within said Tract No.
2E; and 0 "- is\e
WHEREAS, the Grantee will receive authorization to construct the Facilities from the
State of North Carolina, the fee simple owner of said Tracts, over and upon Consent Areas 1
and 2 as described and shown on Exhibit "A" and Exhibit `B" attached hereto and made a part
hereof; and
NOW THEREFORE, the GRANTOR does hereby consent to the Grantee constructing,
operating and maintaining proposed Facilities within Consent Areas 1 &2. It is understood that
said consent by the GRANTOR shall be subject to the following terms and conditions:
1. Consideration:
a. The Grantee shall remit a check in advance made payable to the Finance and
Accounting Officer, Savannah District in the amount of one thousand ($1,000) dollars ($500
administrative fee associated with the preparation of this consent and $500 monitoring fee). Said
check shall have the Consent number (DACW21-9-09-5009) printed in the lower left-hand
corner of the check. The check shall be forwarded to the U.S. Army Corps of Engineers,
Savannah District, North Carolina/Virginia Area Real Estate Office, 1930 Mays Chapel Road,
Boydton, Virginia 23917. -
RECEIVED
r)r.hA W11 NAininYrnm ho

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
b. If this instrument is supplemented, renewed, or changed, the Grantee will be assessed
an administrative fee for the processing of the instrument.
2. Notices:
All correspondence and notices to be given pursuant to this consent shall be addressed, if
to the GRANTEE, to the Town of Oak Island, Attn: Mr. Gene Kudgus, Director of Public
Works, 4601 Oak Island Drive, Oak Island, North Carolina 28465, and, if to the United States, to
the District Commander, US Army Engineer District, Savannah, Attention: Real Estate Division,
P.O. Box 889, Savannah Georgia 31402-0889.
3. Special Conditions:
a. The Grantee shall provide a "Schedule for Work" for the construction of the stairs and
observation deck to the Wilmington District's Navigation Branch POC; Mr. Jimmy Hargrove at
[phone]. This schedule shall be provided at least thirty (30) days prior to the
commencement of this segment of the work to the U.S. Army Corps of Engineers, Wilmington
District, 69 Darlington Avenue, Wilmington, North Carolina 28403.
b. The Grantee shall schedule an onsite pre -construction meeting between its
representatives and the US Army Corps of Engineers. The Grantee shall notify the Wilmington
District's Navigation Branch POC; Mr. Jimmy Hargrove at [phone] a minimum of ten
(10) days in advance of the meeting.
c. That, the Grantee, shall comply with all applicable Federal laws and regulations and
with all applicable laws, ordinances and regulations of the state, county, and municipality
wherein the said Facilities are located.
d. That the consent shall become void if the Town of Oak Island is unsuccessful in
obtaining all applicable permits required for construction.
e. That this consent does not relinquish any right the GRANTOR has for use of its
easement or for the maintenance and future widening or deepening of said Intracoastal
Waterway, unless stipulated as a condition of this consent agreement. The Grantee understands
and agrees that, if future operations by the United States require the removal, relocation, or other
alteration of the facilities within the AIWW right-of-way herein authorized, or if, in the opinion
of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the Grantee will be
required, upon due notice from the US Army Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States.
RECEIVED
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CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
f. Except as otherwise. specifically provided, any reference herein to "Secretary", "District
Commander", "GRANTOR", or "said officer" shall include their duly authorized representatives,
contractors or employees.
g. That no debris resulting from the construction of the proposed Facilities or other
activities of the Grantee will be left on said consent areas, and further that said areas will be
constructed by the Grantee as shown on the plans, and at no expense to the GRANTOR.
Following construction of the proposed Facilities and prior to the Grantee's contract
demobilization from the consent areas, a field review of the premises will be conducted with the
Wilmington District Engineer or his authorized representative, the Grantee and his agents, if he
so desires, to ensure that construction has been satisfactorily completed.
h. The GRANTEE shall provide the Wilmington District Commander an "AS -Built"
plans of the parking area, stairs and observation deck. The As -Built plans shall be submitted in
one of the following digital formats: ".dwg" or "Agn". The "As -Built" plans must be submitted
within thirty (30) days of completion of the construction activities to the U.S. Army Corps of
Engineers, Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina 28403.
i. That it is understood that this Consent shall not abrogate or interfere with any
agreement or commitments made or entered into between the Grantee and any other agency of
the GRANTOR with regard to financial aid to the Grantee in connection with the construction,
maintenance, or repair for the proposed Facilities.
4. Property Rights
It is understood that this consent is effective only insofar as the property rights of the
GRANTOR in said disposal area. That the proposed use authorized herein shall not be
commenced until appropriate rights shall have been obtained by the GRANTEE from the
appropriate owner of the property. By execution of this consent, GRANTEE is assuring the
GRANTOR that prior commencement of proposed use authorized herein that GRANTEE has
secured the necessary permission in writing from the appropriate owner of the property. The
District Commander may require the GRANTEE to provide a fully executed copy of the
permission(s) secured from the property owner to assure the GRANTOR that the necessary
permissions have been secured.
RECEIVED
DCM WILMINGTON.

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
5. No Cost To Grantor
That the exercise of the privileges hereby agreed to shall be without cost or expense to the
GRANTOR, under the general supervision and subject to the approval of the officer having
immediate jurisdiction over the property, hereinafter referred to as "said officer", and subject to
such regulations as may be prescribed by the Wilmington District, from time to time, including,
but not limited to, the special conditions, requirements and specifications set forth in Condition
3.
6. Grantee Responsibilites
That any property of the GRANTOR damaged or destroyed by the GRANTEE or his
agents incident to the exercise of the privileges herein granted shall be promptly repaired or
replaced by the GRANTEE to the satisfaction of the said officer, or in lieu of such repair or
replacement, the GRANTEE shall, if so required by the said officer and at his option, pay to the
GRANTOR money in an amount sufficient to compensate for the loss sustained by the
GRANTOR by reason of damage to or destruction of GRANTOR property.
7. Grantor Responsibilites
a. That the GRANTOR shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges herein granted, or
for damages to the property of the GRANTEE, or for damages to the property or injuries to the
person of the GRANTEE, or the persons of GRANTEE's officers, agents, servants, or employees
or others who may be on said premises at their invitation or the invitation of one of them arising
from GRANTOR's activities on or in the vicinity of the said premises, and the GRANTEE shall
hold the GRANTOR harmless from any and all such claims, not including damages due to the
negligent or willful misconduct of the GRANTOR's officers, employees or its contractors.
b. That the GRANTOR shall in no case be liable for any damages or injury to the
activities authorized which may be caused by any action of the GRANTOR, under the rights'
obtained in its easement, either hidden or known, or that may result from future operations
undertaken by the GRANTOR, and no claim or right to compensation shall accrue from such
damage or injury, and if further operations of the GRANTOR require the use of the area herein
authorized, the GRANTEE shall, upon due notice from the Wilmington District Commander,
cease all operations without expense to the GRANTOR and no claim for damages shall be made
against the GRANTOR.
8. Grantor's Rights
The exercise of the privileges hereby agreed to shall be conducted in such a manner as not
to conflict with the rights of the GRANTOR, nor to endanger lives and safety of the public.
RECEIVED
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CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary
of the Army this �, � day of , 2019
THE UNITED STATES OF AMERICA
By
RALPH I ER HMANN
Chief, Re stat Division
U. S. Army Corps of Engineers
Savannah District
THIS CONSENT is also executed by the Grantee this I day of J 4 , 2009
Ij
TOWN OF OAK ISLAND
State of North Carolina County of ,64aasuJ Ck ,
I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that
on this the q` +1 day of , 20C9,
personally appeared before me this day and acknowledged that the si nature on the
document was voluntarily affixed by them for the purposes therein stated and that he/she
had due authority to sign the document in the capacity therein stated.
N ary Pu is
Notary Registration No. -Z ° o S 14 v a o 2-1
My commission expires the � day of , 20 .
Ri=r,f=ivF=n

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
9. Termination
a. This consent may be terminated by the Secretary of the Army upon reasonable notice to
the GRANTEE if the Secretary of the Army determines that disposal operations to which this
consent is hereby granted interferes with the use of said land or any part hereof by the
GRANTOR. This consent may be annulled and forfeited by declaration of the Secretary of the
Army for failure to comply with any and all of the provisions and conditions of this instrument.
b. That upon the relinquishment, termination, revocation, forfeiture or annulment of the
consent, the GRANTEE shall vacate the premises, and remove all property of the GRANTEE
there from. If the GRANTEE shall fail or neglect to remove said property and so restore the
premises, then at the option of the Secretary of the Army, the said property shall either become
the property of the GRANTOR without compensation therefore, or the Secretary of the Army
may cause it to be removed and the premises to be restored at the expense of the GRANTEE, and
no claim for damages against the GRANTOR, or its officers or agents, shall be created by or
made on account of such removal and restoration.
10. Transfer or Assignment
Without prior written approval of said District Commander the GRANTEE shall neither
transfer or assign any of the privileges herein agreed to, nor grant any consent or interest
whatsoever in, under, or upon any of the lands included under this consent.
11. That the GRANTEE within the limits of his/her respective legal powers shall comply with all
Federal, interstate, state, and/or local GRANTOR regulations, conditions or instructions for the
protection of the environment and all other matters as they relate to real property interests granted
herein.
12. Except as otherwise specifically provided, and reference herein to "Secretary", "District
Commander", "Installation Commander", or "said officer" shall include their duly authorized
representatives. Any reference to "GRANTEE" shall include assignees, transferees and their
duly authorized representatives.
This consent is not subject to Title 10, U.S.C., Section 2662.
{Signature Pages to Follow}
RECEIVED

"THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVEIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
"G.S. 47-30 (n)"
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
ATLANTIC INTRACOASTAL WATERWAY
CONSENT NO. DACW21-9-09-5009
GRANTEE: TOWN OF OAK ISLAND
Consent for Construction of Observation Deck & Stairs
SUBJECT AREA:
Portion of Tract Nos. 2E, part of Cape Fear River to
Little River, SC Section
SCALE: NTS
DATE: 1/5/2009
EXHIBIT "B"
RECEIVED

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"THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVEIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
"&S. 47-30 (n)"
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
ATLANTIC INTRACOASTAL WATERWAY
CONSENT NO. DACW21-9-09-5009
GRANTEE: TOWN OF OAK ISLAND
Consent for Construction of Observation Deck & Stairs
SUBJECT AREA:
Portion of Tract Nos. 2E, part of Cape Fear River to
Little River, SC Section
I_ I SCALE: NTS DATE: 1/5/2009
1
EXHIBIT "A"
RECEIVED

0l 08-4-0
® (OWN Of
O�'�
'bORT�P
®N^RTFRFD IVtY �•��®
August 14, 2009
Heather Coats, Field Representative
NCDENR
Division of Coastal Management
127 Cardinal Drive extension
Wilmington, NC 28405
Re: Application Numbers 0I-08-39 & 0I-08-40
Project Address - end of NE 2nd St. & NW 2nd St.
Dear Heather:
Enclosed please find a fully executed copy of Corps of Engineers Consent No. DACW21-
9-09-5009, which grants approval for construction of the facilities in the referenced permit
applications. Accordingly, I respectfully request your office resume your review of our permit
applications.
Sincerely,
Gene Kudgus
Public Works Director
Town of Oak Island, NC
RECEIVED
DCM WILMINGTON, NC
enc.
AUG 1 8 2009

DEPARTMENT OF THE ARMY
SAVANNAH DISTRICT, CORPS OF ENGINEERS
100 W. OGLETHORPE AVENUE
SAVANNAH, GEORGIA 31401-3640
,j
� 6
August 11, 2009 �
Real Estate Division
SUBJECT: Consent No. DACW21-9-09-5009, to Town of Oak Island, for Construction of
Observation Deck, a portion of Parking Lot and Wooden Stairs, on Tract No. 2E, AIWW Cape
Fear River to Little River Section, NC
Town of Oak Island
ATTN: Gene Kudgus, Director of Public Works
4601 Oak Island Drive
Oak Island, North Carolina 28465
Dear Mr. Kudgus:
Please find enclosed a fully executed copy of Consent No. DACW21-9-09-5009, which
grants approval for construction of observation deck, portion of a parking lot & wooden stairs on
Tract No. 2E.
If you need further assistance regarding this instrument, please do not hesitate to contact me
at [phone].
Enclosure
BCF:
CESAS-RE-MC/VA-NC
CESAW-PM-C
Sincerely,
JV44i) &00��A�
Surita Campbell
Realty Specialist
Management & Disposal Branch
RECEIVED
DCM WILMINGTON, NC

NCDENR
North Carolina Department of Environment and
Division of Coastal Management
Beverly Eaves Perdue
Governor
Town of Oak Island
Gene Kudgus, Public Works Director
4601 E. Oak Island Dr.
Oak Island, NC 28465
Dear Mr. Kudgus:
James H. Gregson
Director
August 24, 2009
Natural Resources
Dee Freemar
Secretan
Attached is CAMA Minor Permit No. 08-39 for work to be done at the end of NE 2nd St., Oak Island,
Brunswick County.
In order to validate this permit, please sign both copies of the permit as indicated. Retain the yellow
original for your files and return the signed white copy 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.
Your early attention to this matter would be appreciated.
Sincerely,
��t act,:,
eather Coats
Field Representative
Enclosures
cc: WiRO files
127 Cardinal Drive Ext., Wilmington, NC 28405 One
Phone: [phone] FAX: [phone] Intemet: www.nccoastaimanagement.net NorthCarofina

■ Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
■ Print your name and address on the reverse
so that we can return the card to you.
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
I. Article Addressed to:
Town of o1++e- (5uAt-o
G� vLa-"uv S
Woo ( e , off- tsc.Ata 0
011FPC Iso4-rl0) N c 2L65
A. Signa
X ❑ Agent
❑ Addre
B. ecelved by (Printed Name) rCate of Del
Cl V-I �r�o7,v
D. If t=a dr11 Yes
Ew:i' ❑ No
OCT 0 2 2008
❑ Certified Mail ❑ Express Mail
❑ Registered ❑ Return Receipt for Merchan
❑ Insured Mail ❑ C.O.D.
4. Restricted Delivery? (Extra Fee) ❑ Yes
2. Article Number
(transfer from service labeo 7008 1140 0002 9559 0861
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-
tr--O K ICnr 1Q4L I aJ NW Zn° s i - R L-E.

UNITED STATES POSTAL SERVICE
First -Class Mail
Postage & Fees Paid
USPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
NC DENR
Div. of Coastal Managemet
127 Cardinal Drive Ext.
Wilmington, NC 28405-3845

1, JAMES F. BONEY, JR., PLS L-2796, CERTIFY - NOTES ----LN9AcOASTAL WA7Law"y
THAT THIS PLAT WAS DRAWN UNDER MY 1. ALL DISTANCES SHOWN ARE HORIZONTAL -WA
--
SUPERVISION FROM AN ACTUAL SURVEY MADE GROUND DISTANCES IN U.S. SURVEY FEET. E YgdH7 UNDER MY SUPERVISION FROM INFORMATION 2. COORDINATES OBTAINED FROM NC VRS. DR.
SHOWN IN DEED BOOKS REFERENCED ON MAP ANDS. PARCEL #234EA032
MAP BOOKS REFERENCED ON MAP; THAT ANY 4. THAT THE SURVEY IS OF AN EXISTING
LINES NOT ACTUALLY SURVEYED APPEAR AS PARCEL OR PARCELS OF LAND;
BROKEN LINES AND WERE PLOTTED FROM 5. PROPERTY ADDRESS IS: y h y
INFORMATION AS NOTED ON THE PLAT, THAT THE 202 EAST YACHT DR. o N Aa r
RATIO OF PRECISION AS CALCULATED IS BETTER OAK ISLAND, NC 28465 a m
THAN 1:10,000, THAT THE AREA IS COMPUTED BY
COORDINATE METHOD. WITNESS MY ORIGINAL =
SIGNATURE, REGISTRATION NUMBER AND SEAL THIS
THE 20th DAY OF JUNE A.D., 2008. € OAK jslAaTi
A WWTY MAP tsuNt J . �&6 INTRACOAST S84 34'21 EE 60.21 (NOT TO SW)
ROFE LAND SURVEYOR WAS WAY AL Ews7vvc
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• y2 q� • - REFERENCES - y
SEAL - (BRUNSWICK COUNTY REGISTER OF DEEDS) 8'
L-2796 _ 1. DEED BOOK 2673, PAGE 1040 9, - _ 30, VEGETA77 VE
• • 2. MAP BOOK 6, PAGE 34 t 0' -
'i 9•11 i�O SURV,��• 11' h BUfFEIZ'-'
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tj 11 N"%EFFECTIVE DATE JUNE 2, 2006 \ 74' o
ZONE. AE-I T ^i v \ 15 rn
PRELIMINARY Q ti; . -'1 s'
NOT FOR RECORDATION, - SETBACKS - ` 18,
CONVEYANCES OR SALES ' ZONING=OK-R-6A --
FRONT-25' `D 20'•-
REAR=20' N 21' 75 AEC LINE
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STREET SIDE-10" 1224'j N 22 _
I INTERIOR SIDE=8' *� +23' --
MAY VARY / A 1236'1
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11 GROUND ELEVATION V o LINE (z4.sj EXIS771VG RESIDENCE -
IT TELEPHONE PEDESTAL
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© ELECTRICAL PEDESTAL ' 12257 74 SEAS P ,� CAN
1ONCRETRMER 1 l OWN ERR h N RAVERED
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+ } IRF N83�53'46'W a (60.15'
- IMPERVIOUS - �� I" to 3 60.15' IRF -
LOT=13,381 SQ. FT. t tE �^ �- ? o IS/ R/W IRF
30%4,014 SO. FT. 9 W r o'
------..._ACHY DRIVE o RESIDENCE=2,882 SO. FT 5h y' EDGE OF PAYMENT „� - LOT 4 AREA -
DRIVEWAY= 242 SQ. FT MNF 0.307 ACRES
TOTAL=3,124 SQ. FT C30.08) PKF -C o-O7 5) 13,381 SQ. FT.
DOES NOT EXCEED 30% 1 t1=23.1a 60' PUBLIC R Y `PK- 9
LOT IN AEC=4,516 SO. FT. ' ,�� EDGE OF PAVEMENT — 1--
30Z=1, 355 SO. FT.
RES/DW IN AEC=O SQ. FT 1 SCALE: 1" = 30'
DOES NOT EXCEED 30% AE-11 - -
X (500)_� _ _ R/W- 0 15 30 60 90
DPRELIMINARY SITE PLAN PROD k 2008074
surveying plic OF StIR4Et7D BY DMW RECEIVE
' LOT 4, BLOCK 191, SECTION 14 TRANQUIL HARBOUR ONECKED BY., FB R
5008 EAST OAK ISLAND DRIVE, SUITE 1 FOR FlLE: 200B074-SP
OAK ISLAND, NORTH CAROL/NA 284e5 ROBERT HAVERKAMP
OCT 0 2 2008
DCM WILMINGTON

11rN CARD,
6>'fREO 'U" I',9®
October 16, 2008
Re: NE 2nd Access
Robert & Kathy Haverkamp
1344 Kinsdale Drive
Raleigh, NC 27615
Dear Mr. & Mrs. Haverkamp:
U.S. Postal Servicew
CERTIFIED MAIL,. RECEIPT
(Domestic Mail Only; No Insurance Coverage Providec
C3
Ln1 OFFICIAL
�8
Postage $ `Q �
C3Certified Fee Post
r-3 Return Receipt Fee ,, Ne
O (Endorsement Required) ,
d
C3 Restricted Delivery Fee �
� (Endorsement Required) ? Ln
�s
M Total Postage & Fees $� , --•-
O
E3Sen 1l , r g
[� Street, Apt. No.;
or PO Box No.
City, Sta 1P+4 ,
PS Form :rr June 2002
Enclosed please find a revised site plan for the referenced project. We have relocated
the proposed parking spaces to the north so they will not interfere with or obstruct your
new driveway access. Also, as you may have noticed, we recently completed repairs to
the bulkhead adjacent to your property.
Please contact me if you have any questions or concerns.
Yours truly,
Gene Kudgus
Director of Public Works
OCT 3 12908
Enc.
Cc: Heather Coats, DCM �l�l`wti��.�t�

�H h CAR qyq
August 14, 2009
Heather Coats, Field Representative
NCDENR
Division of Coastal Management
127 Cardinal Drive extension
Wilmington, NC 28405
Re: Application Numbers 0I-08-39 & 0I-08-40
Project Address - end of NE 2nd St. & NW 2nd St.
Dear Heather:
Enclosed please find a fully executed copy of Corps of Engineers Consent No. DACW21-
9-09-5009, which grants approval for construction of the facilities in the referenced permit
applications. Accordingly, I respectfully request your office resume your review of our permit
applications.
Sincerely,
61ew�
Gene Kudgus
Public Works Director
Town of Oak Island, NC
RECEIVED
DCM WILMINGTON, NC
enc.
AUG 1 8 2009

DEPARTMENT OF THE ARMY
SAVANNAH DISTRICT, CORPS OF ENGINEERS
100 W. OGLETHORPE AVENUE
SAVANNAH, GEORGIA 31401-3640
Iv 1 .0
August 11, 2009 $ - /
Real Estate Division
SUBJECT: Consent No. DACW21-9-09-5009, to Town of Oak Island, for Construction of
Observation Deck, a portion of Parking Lot and Wooden Stairs, on Tract No. 2E, AIWW Cape
Fear River to Little River Section, NC
Town of Oak Island
ATTN: Gene Kudgus, Director of Public Works
4601 Oak Island Drive
Oak Island, North Carolina 28465
Dear Mr. Kudgus:
Please find enclosed a fully executed copy of Consent No. DACW21-9-09-5009, which
grants approval for construction of observation deck, portion of a parking lot & wooden stairs on
Tract No. 2E.
If you need further assistance regarding this instrument, please do not hesitate to contact me
at [phone].
Enclosure
BCF:
CESAS-RE-MC/VA-NC
CESAW-PM-C
Sincerely,
jVz 60146�
Surita Campbell
Realty Specialist
Management & Disposal Branch
RECEIVED
DCM WILMINGTON, NC

DISTRIBUTION: DATE g 1 0q ; CESAS-RE- ; CESAW-PM-C ;
CESAS-RE-MC-NCNA_; Town of Oak Island V
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
SAVANNAH DISTRICT
CONSENT NO. DACW21-9-09-5009
TOWN OF OAK ISLAND
ATLANTIC INTRACOASTAL WATERWAY
CAPE FEAR RIVER, NC TO LITTLE RIVER, SC SECTION
BRUNSWICK COUNTY, NORTH CAROLINA
WHEREAS, THE UNITED STATES OF AMERICA, hereinafter called the
"GRANTOR". has acquired an easement for the lands hereinafter described for the operation and
maintenance of the Atlantic Intracoastal Waterway (AIWW), including that particular property
designated as a portion of Tract 2E of the Cape Fear River, NC to Little River, SC Section of
the AIWW, said Easement for Tract 2E being recorded in Deed Book 54, Page 488, and re -filed
in Deed Book 699, Page 329 in the records of Brunswick County, North Carolina.
WHEREAS, the Town of Oak Island, hereinafter referred to as the "Grantee", desires to
construct an observation deck, a portion of a parking lot and connecting wooden stairs for the
Town of , Brunswick County, (hereinafter, the "Facilities") within said Tract No.
2E; and
WHEREAS, the Grantee will receive authorization to construct the Facilities from the
State of North Carolina, the fee simple owner of said Tracts, over and upon Consent Areas 1
and 2 as described and shown on Exhibit "A" and Exhibit `B" attached hereto and made a part
hereof; and
NOW THEREFORE, the GRANTOR does hereby consent to the Grantee constructing,
operating and maintaining proposed Facilities within Consent Areas 1 &2. It is understood that
said consent by the GRANTOR shall be subject to the following terms and conditions:
1. Consideration:
a. The Grantee shall remit a check in advance made payable to the Finance and
Accounting Officer, Savannah District in the amount of one thousand ($1,000) dollars ($500
administrative fee associated with the preparation of this consent and $500 monitoring fee). Said
check shall have the Consent number (DACW21-9-09-5009) printed in the lower left-hand
corner of the check. The check shall be forwarded to the U.S. Army Corps of Engineers,
Savannah District, North Carolina/Virginia Area Real Estate Office, 1930 Mays Chapel Road,
Boydton, Virginia 23917.
RECEIVED
nrnn W11 �AIAI/�T/l+i

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
b. If this instrument is supplemented, renewed, or changed, the Grantee will be assessed
an administrative fee for the processing of the instrument.
2. Notices:
All correspondence and notices to be given pursuant to this consent shall be addressed, if
to the GRANTEE, to the Town of Oak Island, Attn: Mr. Gene Kudgus, Director of Public
Works, 4601 Oak Island Drive, Oak Island, North Carolina 28465, and, if to the United States, to
the District Commander, US Army Engineer District, Savannah, Attention: Real Estate Division,
P.O. Box 889, Savannah Georgia 31402-0889.
3. Special Conditions:
a. The Grantee shall provide a "Schedule for Work" for the construction of the stairs and
observation deck to the Wilmington District's Navigation Branch POC; Mr. Jimmy Hargrove at
[phone]. This schedule shall be provided at least thirty (30) days prior to the
commencement of this segment of the work to the U.S. Army Corps of Engineers, Wilmington
District, 69 Darlington Avenue, Wilmington, North Carolina 28403.
b. The Grantee shall schedule an onsite pre -construction meeting between its
representatives and the US Army Corps of Engineers. The Grantee shall notify the Wilmington
District's Navigation Branch POC; Mr. Jimmy Hargrove at [phone] a minimum of ten
(10) days in advance of the meeting.
c. That, the Grantee, shall comply with all applicable Federal laws and regulations and
with all applicable laws, ordinances and regulations of the state, county, and municipality
wherein the said Facilities are located.
d. That the consent shall become void if the Town of Oak Island is unsuccessful in
obtaining all applicable permits required for construction.
e. That this consent does not relinquish any right the GRANTOR has for use of its
easement or for the maintenance and future widening or deepening of said Intracoastal
Waterway, unless stipulated as a condition of this consent agreement. The Grantee understands
and agrees that, if future operations by the United States require the removal, relocation, or other
alteration of the facilities within the AIWW right-of-way herein authorized, or if, in the opinion
of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the Grantee will be
required, upon due notice from the US Army Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States.
RECEIVED
MnNA IAni AA1K1n__TnN1 nir�

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
f. Except as otherwise specifically provided, any reference herein to "Secretary", "District
Commander", "GRANTOR", or "said officer" shall include their duly authorized representatives,
contractors or employees.
g. That no debris resulting from the construction of the proposed Facilities or other
activities of the Grantee will be left on said consent areas, and further that said areas will be
constructed by the Grantee as shown on the plans, and at no expense to the GRANTOR.
Following construction of the proposed Facilities and prior to the Grantee's contract
demobilization from the consent areas, a field review of the premises will be conducted with the
Wilmington District Engineer or his authorized representative, the Grantee and his agents, if he
so desires, to ensure that construction has been satisfactorily completed.
h. The GRANTEE shall provide the Wilmington District Commander an "AS -Built"
plans of the parking area, stairs and observation deck. The As -Built plans shall be submitted in
one of the following digital formats: ".dwg" or "Agn". The "As -Built" plans must be submitted
within thirty (30) days of completion of the construction activities to the U.S. Army Corps of
Engineers, Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina 28403.
i. That it is understood that this Consent shall not abrogate or interfere with any
agreement or commitments made or entered into between the Grantee and any other agency of
the GRANTOR with regard to financial aid to the Grantee in connection with the construction,
maintenance, or repair for the proposed Facilities.
4. Property Rights
It is understood that this consent is effective only insofar as the property rights of the
GRANTOR in said disposal area. That the proposed use authorized herein shall not be
commenced until appropriate rights shall have been obtained by the GRANTEE from the
appropriate owner of the property. By execution of this consent, GRANTEE is assuring the
GRANTOR that prior commencement of proposed use authorized herein that GRANTEE has
secured the necessary permission in writing from.the appropriate owner of the property. The
District Commander may require the GRANTEE to provide a fully executed copy of the
permission(s) secured from the property owner to assure the GRANTOR that the necessary
permissions have been secured.
RECEIVED
nrnn inns NAIMr Tnm

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
5. No Cost To Grantor
That the exercise of the privileges hereby agreed to shall be without cost or expense to the
GRANTOR, under the general supervision and subject to the approval of the officer having
immediate jurisdiction over the property, hereinafter referred to as "said officer", and subject to
such regulations as may be prescribed by the Wilmington District, from time to time, including,
but not limited to, the special conditions, requirements and specifications set forth in Condition
3.
6. Grantee Responsibilites
That any property of the GRANTOR damaged or destroyed by the GRANTEE or his
agents incident to the exercise of the privileges herein granted shall be promptly repaired or
replaced by the GRANTEE to the satisfaction of the said officer, or in lieu of such repair or
replacement, the GRANTEE shall, if so required by the said officer and at his option, pay to the
GRANTOR money in an amount sufficient to compensate for the loss sustained by the
GRANTOR by reason of damage to or destruction of GRANTOR property.
7. Grantor Responsibilites
a. That the GRANTOR shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges herein granted, or
for damages to the property of the GRANTEE, or for damages to the property or injuries to the
person of the GRANTEE, or the persons of GRANTEE's officers, agents, servants, or employees
or others who may be on said premises at their invitation or the invitation of one of them arising
from GRANTOR's activities on or in the vicinity of the said premises, and the GRANTEE shall
hold the GRANTOR harmless from any and all such claims, not including damages due to the
negligent or willful misconduct of the GRANTOR's officers, employees or its contractors.
b. That the GRANTOR shall in no case be liable for any damages or injury to the
activities authorized which may be caused by any action of the GRANTOR, under the rights
obtained in its easement, either hidden or known, or that may result from future operations
undertaken by the GRANTOR, and no claim or right to compensation shall accrue from such
damage or injury, and if further operations of the GRANTOR require the use of the area herein
authorized, the GRANTEE shall, upon due notice from the Wilmington District Commander,
cease all operations without expense to the GRANTOR and no claim for damages shall be made
against the GRANTOR.
8. Grantor's Rights
The exercise of the privileges hereby agreed to shall be conducted in such a manner as not
to conflict with the rights of the GRANTOR, nor to endanger lives and safety of the public.
RECEIVED
i1/"AA I A I I I AAI. I --- .I ../\

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
9. Termination
a. This consent may be terminated by the Secretary of the Army upon reasonable notice to
the GRANTEE if the Secretary of the Army determines that disposal operations to which this
consent is hereby granted interferes with the use of said land or any part hereof by the
GRANTOR. This consent may be annulled and forfeited by declaration of the Secretary of the
Army for failure to comply with any and all of the provisions and conditions of this instrument.
b. That upon the relinquishment, termination, revocation, forfeiture or annulment of the
consent, the GRANTEE shall vacate the premises, and remove all property of the GRANTEE
there from. If the GRANTEE shall fail or neglect to remove said property and so restore the
premises, then at the option of the Secretary of the Army, the said property shall either become
the property of the GRANTOR without compensation therefore, or the Secretary of the Army
may cause it to be removed and the premises to be restored at the expense of the GRANTEE, and
no claim for damages against the GRANTOR, or its officers or agents, shall be created by or
made on account of such removal and restoration.
10. Transfer or Assignment
Without prior written approval of said District Commander the GRANTEE shall neither
transfer or assign any of the privileges herein agreed to, nor grant any consent or interest
whatsoever in, under, or upon any of the lands included under this consent.
11. That the GRANTEE within the limits of his/her respective legal powers shall comply with all
Federal, interstate, state, and/or local GRANTOR regulations, conditions or instructions for the
protection of the environment and all other matters as they relate to real property interests granted
herein.
12. Except as otherwise specifically provided, and reference herein to "Secretary", "District
Commander", "Installation Commander", or "said officer" shall include their duly authorized
representatives. Any reference to "GRANTEE" shall include assignees, transferees and their
duly authorized representatives.
This consent is not subject to Title 10, U.S.C., Section 2662.
(Signature Pages to Follow)
RECEIVE[

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary
of the Army this �` day of , 2019
THE UNITED STATES OF AMERICA
-3 -
By
(�,
RALPH J. ER HMANN
Chief, Re stat Division
U. S. Army Corps of Engineers
Savannah District
THIS CONSENT is also executed by the Grantee this I day of J y , 20 O 9
TOWN OF OAK ISLAND
State of North Carolina County of bAun swi ck ,
I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that
on this the q'k' day of 12009,0
personally appeared before me this day and acknowledged that the si nature on the
document was voluntarily affixed by them for the purposes therein stated and that he/she
had due authority to sign the document in the capacity therein stated.
May Pu is
Notary Registration No. -Z ° o S Z4 1 o ° ° 2-
My commission expires the 3 day of , 20 a
QC:r1C1%1cn

W.
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EXISTING I,1, " aUCKH AD 1
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"THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVEIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
"G.S. 47-30 (n)"
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
ATLANTIC INTRACOASTAL WATERWAY
CONSENT NO. DACW21-9-09-5009
GRANTEE: TOWN OF OAK ISLAND
Consent for Construction of Observation Deck & Stairs
SUBJECT AREA:
Portion of Tract Nos. 2E, part of Cape Fear River to
Little River, SC Section
<< SCALE: NTS DATE: 1/5/2009
EXHIBIT "A"
RECEIVED

..11.a
S � t
6
-
7
.�. t x
F
1
"THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVEIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
"G.S. 47-30 (n)"
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
ATLANTIC INTRACOASTAL WATERWAY
CONSENT NO. DACW21-9-09-5009
GRANTEE: TOWN OF OAK ISLAND
Consent for Construction of Observation Deck & Stairs
SUBJECT AREA:
Portion of Tract Nos. 2E, part of Cape Fear River to
Little River, SC Section
SCALE: NTS
DATE: 1/5/2009
EXHIBIT "B"
RECEIVED

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
October 23, 2008
SENT VIA CERTIFIED MAIL # 70081140 0002 9559 0885
Town of Oak Island
C/o Gene Kudgus
4601 E. Oak Island Drive
Oak Island, NC 28465
RE: INCOMPLETE APPLICATION ADDITIONAL INFORMATION REQUIRED
APPLICATION NUMBER- 01-08-39 & 01-08-40
PROJECT ADDRESS- end of NE 2°d St. & NW 2nd St.
Dear Mr. Kudgus:
We originally accepted your applications under the impression that they were complete. On subsequent review, I
have discovered that additional information is needed to complete the review process. Accordingly, I am requesting
that you submit the following additional information to this office:
1. Your projects fall within the US Army Corps of Engineers right-of-way. Please submit documentation from
the USACE stating they have no objections to the proposed projects.
In accordance with the Department of Environment and Natural Resources regulations, we note that a certain time
has passed while the applications have remained in our office. Upon resubmission of complete applications, a local
decision will be made in 5 days, provided this period is not extended as provided by law.
Please contact me at [phone] if you have any questions.
Respectfully yours,
Heather Coats, Field Representative
Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
cc: Wilmington Files
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
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October 16, 2008
Re: NE 2"d Access
Robert & Kathy Haverkamp
1344 Kinsdale Drive
Raleigh, NC 27615
Dear Mr. & Mrs. Haverkamp:
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Enclosed please find a revised site plan for the referenced project. We have relocated
the proposed parking spaces to the north so they will not interfere with or obstruct your
new driveway access. Also, as you may have noticed, we recently completed repairs to
the bulkhead adjacent to your property.
Please contact me if you have any questions or concerns.
Yours truly,
Gene Kudgus
Director of Public Works
Enc.
Cc: Heather Coats, DCM
REr-
OCT 3 12008
DCM WILMINGTON, NC

October 1, 2008
Heather Coats
CAMA Permitting Officer
127 Cardinal Drive Extension
Wilmington NC, 28405
RE: Town of Oak Island CAMA Minor Permit Application for Construction of
Intracoastal Waterway Access at end of NE 2nd Street in Brunswick County
Dear Officer Coats,
We are in receipt of the Town of Oak Island's application for a CAMA minor
permit to construct pedestrian access to the Intracoastal Waterway at the end of
NE 2nd Street.
Please accept this letter as notification to you that we are adamantly
opposed to the granting of the permit and the proposed construction.
We presently live in Raleigh NC and we are building our permanent residence on
the northeast corner of NE 2nd Street and E. Yacht Drive at 202 East Yacht Drive
(AKA Lot 4 Block 191 Section 14 Tranquil Harbour Subdivision), which abuts and
is adjacent to the referenced application for construction. We have hopes of
moving in our new home in April of 2009.
One of our reasons for choosing to build our home at this location is because the
existing signage at the end of NE 2nd Street reads there is no public access,
which naturally indicated to us our new home would have privacy, tranquility,
and safety. Now because of the proposed construction, these attributes will most
likely disappear. We have great concerns about our personal safety as well as for
the safety of our property. We have heard from residents of Oak Island, who
have had horrifying experiences, of the crimes of burglaries, drugs, rape,
loitering, drinking, with no policing, at other access points to the waterway.
We have other concerns and questions of the construction in the event this
request is granted, such as:
• Does it meet ADA requirements?
• What effect will it have on the natural vegetation and erosion at the lower
end behind the existing bulkhead?
• Is the construction of a 10' x 20' platform inside the 30' Vegetative Buffer
permitted?
• Because of the deep slope from the end of NE 2nd Street down to the
existing bulkhead is this location a good point for access? RECEIVED
OCT 0 2 2008

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• What effect will it have on our ingress and egress to NE 2n6 Street? (I
have enclosed our site plan for our new home which shows our approved
points of egress and ingress.)
Does it provide (i) protection against trespass, (ii) invasion of privacy, (iii)
public safety, or does it rather promote the aforementioned crimes and
hardship.
Does it require a Major permit, instead of a Minor permit?
Please, prior to making your determination on whether to grant a permit, allow
more time to review and discuss the ramifications of the proposed construction
on us and other residents and non residents of Oak Island. We would appreciate
your favorable consideration.
Sincerely,
Robert and Kathy HaverfCamp
1344 Kinsdale Drive
Raleigh, NC 27615
h.919.841.9129
f.919.841.9126
c.919.327.8351
[e-mail]
�na�rK�iaIp
RECEIVE®
OCT 0 2 2008
DCM WILM1tvr rr,,,, ..

Firm Clients: Robert A. and Kathy J. Haverkamp H Firm File No. 44... imap://cros.ncmail.net:993/fetch%3EUID%3E/fNBOX%3E125
Subject: Firm Clients: Robert A. and Kathy J. Haverkamp H Firm File No. 447.0243
From: "Grady Richardson" <[e-mail]>
Date: Wed, 19 Nov 2008 16:28:06 -0500
To: "'Heather Coats"' <Heather. Coats@ncmai 1. net>, "'Goebel, Christine"' <[e-mail]>
CC: "'Brian Edes"' <[e-mail]>
Dear Heather and Christy:
Please accept this email as my formal notice to you that I have been retained to protect and defend Mr. and
Mrs. Robert A. Haverkamp's property interests in their subdivision property located at 202 East Yacht Drive,
Oak Island, North Carolina ("Property"). The Haverkamps' Property is located immediately adjacent to the
proposed site plan and application submitted by the Town of Oak Island in the middle of N.E. 2nd Street.
The Haverkamps have previously submitted various objections to your department, by letter dated 1 October
2008 and by supplemental email dated 13 October 2008. These notices of objections previously made by the
Haverkamps fully incorporated by reference the objections I lodged on behalf of my other clients, Galen and
Kim Seidner. Notwithstanding this, please accept this email as my request that the objections I have lodged on
behalf of the Seidners and on behalf of Mr. and Mrs. Ted Barris (all of which are in your department's files) be
fully incorporated into the Havekamps' objections to the Town's unlawful application to misuse, divert and
substantially injure the Haverkamps' property rights and interests. If you should require anything further from
my office to ensure that this occurs, please advise me immediately.
In light of the foregoing, please advise me as to the status of the Town's application for the street adjacent to
the Haverkamps' property and, more specifically, whether it too has been placed into a "stay" by the Town of
Oak Island.
In closing, for any future notifications or correspondence, please directly correspond with me on behalf of the
Haverkamps.
With best regards and thanking you for your attention to these matters, I remain
Very truly yours,
Grady Richardson
LAW OFFICES OF G. GRADY RICHARDSON, JR., P.C.
Attorney and Counselor at Law
N.C.S.B.25508
1213 Culbreth Drive
Wilmington, North Carolina 28405
Telephone: [phone]
Facsimile: 910.509.7167
Mobile: [phone]
Email: [e-mail]

Engagement of Grady Richardson Representation
Subject: Engagement of Grady Richardson Representation
From: "Bob Haverkamp" <[e-mail]>
Date: Fri, 16 Jan 2009 15:17:16 -0500
To: <[e-mail]>, "Heather Coats" <[e-mail]>, <[e-mail]>
Dear Heather, Ms. Goebel, and Council Edes,
Recently you were notified by Grady Richardson of our election and desire not to engage or hire Mr. Richardson
to represent us in our opposition to the Town of Oak Island's permit application for installation of a 10' x 20' deck,
approximately 71' long wood stairway, 4' x 4' wooden landing and 6' long wood staircase, and end of street
parking at the north end of NE 2nd Street.
Please take note, that we, my wife and I, as adjacent riparian property owners, are strongly in opposition to this
application and we do intend to protect and defend our property. In the event a need arises for us to retain council
to help us in this endeavor we most certainly are prepared to do so. Based on the information, prior
judgments, and history from similar cases on Oak Island, we do hope the Town will use common sense for good
of the community and withdraw their application.
We would appreciate it if you would communicate to us any actions by the Town or jurisdictional governmental
agency on this matter. Our contact information is: Robert A. and Kathy J. Haverkamp, 1344 Kinsdale Drive,
Raleigh NC 27615, h.919.841.9129, f.919.841.91226, c.919-327-8351, bobhave2na,bellsouth.net
Thank you in advance for your cooperation
Bob Haverkamp

rage i of L
To: Heather Coats
CO: Department of Environmental and National Resources
127 Cardinal Drive Extension
Wilmington, NC, 28404
Mrs. Coats
I would like to take the time to request you defer the spending on the access to the area located at the end of 2"d Street NE in
Oak Island, North Carolina. This is just two streets from the completion of the Middleton Bridge that is expected to be completed
in 2009.
As residents of this geographic area, here are some of the concerns of us and those in the immediate area:
1. Why pay the money to build a 5-10 car access to the Waterway which you or someone calls "Beach"? Why are you spending
this money when you have a major access located less than a mile away, that is partially used, abused and could use the funds
you would otherwise spend and bring further enhancements?
2. Are the full time residents less important than the Town of Oak Island's tourist trade? What tourist would want to go to the
waterway, catch no fish, crab, no white sand and wait in line to get one of the 5 spots? This would be totally of the beaten path of
a "vacation". You would be better off, in my opinion, of upgrading the existing accesses on the ocean front.
3. Who lives here? The taxpaying citizen or the vacationer? They tend to trash the accesses as they have not one cent of "buy -
in"! Vacationer's want white sand, fun, sun, Russell's for breakfast and not worry who is picking up the trash, etc. at these access
points.
4. This argument stands not only for 2"d street NE but for all the other home owners and taxpayers who live on this island.
5. 1 am asking by means of this note of refusal that you come have lunch with us at your appointed time and have a lunch on the
"sunny beach" the vacationer's will never visit, but leave us with their trash, traffic, smells and all the rest. This is so remote; this
makes no economic sense at all.
Annette Metts Middleswarth
157 NE 2Nd Street
Oak Island, NC OCT 0 6 2008
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August 14, 2009
Heather Coats, Field Representative
NCDENR
Division of Coastal Management
127 Cardinal Drive extension
Wilmington, NC 28405
Re: Application Numbers 0I-08-39 & 0I-08-40
Project Address - end of NE 2nd St. & NW 2' St.
Dear Heather:
Enclosed please find a fully executed copy of Corps of Engineers Consent No. DACW21-
9-09-5009, which grants approval for construction of the facilities in the referenced permit
applications. Accordingly, I respectfully request your office resume your review of our permit
applications.
Sincerely,
Gene Kudgus
Public Works Director
Town of Oak Island, NC
enc.
RECEIVED
DCM WILMINGTON, NC
AUG 1 8 2009

DEPARTMENT OF THE ARMY
SAVANNAH DISTRICT, CORPS OF ENGINEERS
100 W. OGLETHORPE AVENUE
SAVANNAH, GEORGIA 31401-3640
,p
August 11, 2009 IUq/
Real Estate Division
SUBJECT: Consent No. DACW21-9-09-5009, to Town of Oak Island, for Construction of
Observation Deck, a portion of Parking Lot and Wooden Stairs, on Tract No. 2E, AIWW Cape
Fear River to Little River Section, NC
Town of Oak Island
ATTN: Gene Kudgus, Director of Public Works
4601 Oak Island Drive
Oak Island, North Carolina 28465
Dear Mr. Kudgus:
Please find enclosed a fully executed copy of Consent No. DACW21-9-09-5009, which
grants approval for construction of observation deck, portion of a parking lot & wooden stairs on
Tract No. 2E.
If you need further assistance regarding this instrument, please do not hesitate to contact me
at [phone].
Enclosure
BCF:
CESAS-RE-MCNA-NC
CESAW-PM-C
Sincerely,
jzi� &01196�
Surita Campbell
Realty Specialist
Management & Disposal Branch
RECEIVED
DCM WILMINGTON, NC

DISTRIBUTION: DATE CESAS-RE- _; CESAW-PM-C_;
CESAS-RE-MC-NCNA ; Town of Oak Island )
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS
SAVANNAH DISTRICT
CONSENT NO. DACW21-9-09-5009
TOWN OF OAK ISLAND
ATLANTIC INTRACOASTAL WATERWAY
CAPE FEAR RIVER, NC TO LITTLE RIVER, SC SECTION
BRUNSWICK COUNTY, NORTH CAROLINA
WHEREAS, THE UNITED STATES OF AMERICA, hereinafter called the
"GRANTOR". has acquired an easement for the lands hereinafter described for the operation and
maintenance of the Atlantic Intracoastal Waterway (AIWW), including that particular property
designated as a portion of Tract 2E of the Cape Fear River, NC to Little River, SC Section of
the AIWW, said Easement for Tract 2E being recorded in Deed Book 54, Page 488, and re -filed
in Deed Book 699, Page 329 in the records of Brunswick County, North Carolina.
WHEREAS, the Town of Oak Island, hereinafter referred to as the "Grantee", desires to
construct an observation deck, a portion of a parking lot and connecting wooden stairs for the
Town of , Brunswick County, (hereinafter, the "Facilities") within said Tract No.
2E; and a -I- Ss\
WHEREAS, the Grantee will receive authorization to construct the Facilities from the
State of North Carolina, the fee simple owner of said Tracts, over and upon Consent Areas 1
and 2 as described and shown on Exhibit "A" and Exhibit `B" attached hereto and made a part
hereof; and
NOW THEREFORE, the GRANTOR does hereby consent to the Grantee constructing,
operating and maintaining proposed Facilities within Consent Areas 1 &2. It is understood that
said consent by the GRANTOR shall be subject to the following terms and conditions:
1. Consideration:
a. The Grantee shall remit a check in advance made payable to the Finance and
Accounting Officer, Savannah District in the amount of one thousand ($1,000) dollars ($500
administrative fee associated with the preparation of this consent and $500 monitoring fee). Said
check shall have the Consent number (DACW21-9-09-5009) printed in the lower left-hand
corner of the check. The check shall be forwarded to the U.S. Army Corps of Engineers,
Savannah District, North Carolina/Virginia Area Real Estate Office, 1930 Mays Chapel Road,
Boydton, Virginia 23917.
RECEIVED

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
b. If this instrument is supplemented, renewed, or changed, the Grantee will be assessed
an administrative fee for the processing of the instrument.
2. Notices:
All correspondence and notices to be given pursuant to this consent shall be addressed, if
to the GRANTEE, to the Town of Oak Island, Attn: Mr. Gene Kudgus, Director of Public
Works, 4601 Oak Island Drive, Oak Island, North Carolina 28465, and, if to the United States, to
the District Commander, US Army Engineer District, Savannah, Attention: Real Estate Division,
P.O. Box 889, Savannah Georgia 31402-0889.
3. Special Conditions:
a. The Grantee shall provide a "Schedule for Work" for the construction of the stairs and
observation deck to the Wilmington District's Navigation Branch POC; Mr. Jimmy Hargrove at
[phone]. This schedule shall be provided at least thirty (30) days prior to the
commencement of this segment of the work to the U.S. Army Corps of Engineers, Wilmington
District, 69 Darlington Avenue, Wilmington, North Carolina 28403.
b. The Grantee shall schedule an onsite pre -construction meeting between its
representatives and the US Army Corps of Engineers. The Grantee shall notify the Wilmington
District's Navigation Branch POC; Mr. Jimmy Hargrove at [phone] a minimum of ten
(10) days in advance of the meeting.
c. That, the Grantee, shall comply with all applicable Federal laws and regulations and
with all applicable laws, ordinances and regulations of the state, county, and municipality
wherein the said Facilities are located.
d. That the consent shall become void if the Town of Oak Island is unsuccessful in
obtaining all applicable permits required for construction.
e. That this consent does not relinquish any right the GRANTOR has for use of its
easement or for the maintenance and future widening or deepening of said Intracoastal
Waterway, unless stipulated as a condition of this consent agreement. The Grantee understands
and agrees that, if future operations by the United States require the removal, relocation, or other
alteration of the facilities within the AIWW right-of-way herein authorized, or if, in the opinion
of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to the free navigation of the navigable waters, the Grantee will be
required, upon due notice from the US Army Corps of Engineers, to remove, relocate, or alter the
structural work or obstructions caused thereby, without expense to the United States.
RECEIVED

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
f. Except as otherwise specifically provided, any reference herein to "Secretary", "District
Commander", "GRANTOR", or "said officer" shall include their duly authorized representatives,
contractors or employees.
g. That no debris resulting from the construction of the proposed Facilities or other
activities of the Grantee will be left on said consent areas, and further that said areas will be
constructed by the Grantee as shown on the plans, and at no expense to the GRANTOR.
Following construction of the proposed Facilities and prior to the Grantee's contract
demobilization from the consent areas, a field review of the premises will be conducted with the
Wilmington District Engineer or his authorized representative, the Grantee and his agents, if he
so desires, to ensure that construction has been satisfactorily completed.
h. The GRANTEE shall provide the Wilmington District Commander an "AS -Built"
plans of the parking area, stairs and observation deck. The As -Built plans shall be submitted in
one of the following digital formats: ".dwg" or ".dgn". The "As -Built" plans must be submitted
within thirty (30) days of completion of the construction activities to the U.S. Army Corps of
Engineers, Wilmington District, 69 Darlington Avenue, Wilmington, North Carolina 28403.
i. That it is understood that this Consent shall not abrogate or interfere with any
agreement or commitments made or entered into between the Grantee and any other agency of
the GRANTOR with regard to financial aid to the Grantee in connection with the construction,
maintenance, or repair for the proposed Facilities.
4. Property Rights
It is understood that this consent is effective only insofar as the property rights of the
GRANTOR in said disposal area. That the proposed use authorized herein shall not be
commenced until appropriate rights shall have been obtained by the GRANTEE from the
appropriate owner of the property. By execution of this consent, GRANTEE is assuring the
GRANTOR that prior commencement of proposed use authorized herein that GRANTEE has
secured the necessary permission in writing from.the appropriate owner of the property. The
District Commander may require the GRANTEE to provide a fully executed copy of the
permission(s) secured from the property owner to assure the GRANTOR that the necessary
permissions have been secured.
RECEIVED
r� n• . � • rig • .I I. Il'1T/lA 1

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
5. No Cost To Grantor
That the exercise of the privileges hereby agreed to shall be without cost or expense to the
GRANTOR, under the general supervision and subject to the approval of the officer having
immediate jurisdiction over the property, hereinafter referred to as "said officer", and subject to
such regulations as may be prescribed by the Wilmington District, from time to time, including,
but not limited to, the special conditions, requirements and specifications set forth in Condition
3.
6. Grantee Responsibilites
That any property of the GRANTOR damaged or destroyed by the GRANTEE or his
agents incident to the exercise of the privileges herein granted shall be promptly repaired or
replaced by the GRANTEE to the satisfaction of the said officer, or in lieu of such repair or
replacement, the GRANTEE shall, if so required by the said officer and at his option, pay to the
GRANTOR money in an amount sufficient to compensate for the loss sustained by the
GRANTOR by reason of damage to or destruction of GRANTOR property.
7. Grantor Responsibilites
a. That the GRANTOR shall not be responsible for damages to property or injuries to
persons which may arise from or be incident to the exercise of the privileges herein granted, or
for damages to the property of the GRANTEE, or for damages to the property or injuries to the
person of the GRANTEE, or the persons of GRANTEE's officers, agents, servants, or employees
or others who may be on said premises at their invitation or the invitation of one of them arising
from GRANTOR's activities on or in the vicinity of the said premises, and the GRANTEE shall
hold the GRANTOR harmless from any and all such claims, not including damages due to the
negligent or willful misconduct of the GRANTOR's officers, employees or its contractors.
b. That the GRANTOR shall in no case be liable for any damages or injury to the
activities authorized which may be caused by any action of the GRANTOR, under the rights
obtained in its easement, either hidden or known, or that may result from future operations
undertaken by the GRANTOR, and no claim or right to compensation shall accrue from such
damage or injury, and if further operations of the GRANTOR require the use of the area herein
authorized, the GRANTEE shall, upon due notice from the Wilmington District Commander,
cease all operations without expense to the GRANTOR and no claim for damages shall be made
against the GRANTOR.
8. Grantor's Rights
The exercise of the privileges hereby agreed to shall be conducted in such a manner as not
to conflict with the rights of the GRANTOR, nor to endanger lives and safety of the public.
RECEIVED

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
9. Termination
a. This consent may be terminated by the Secretary of the Army upon reasonable notice to
the GRANTEE if the Secretary of the Army determines that disposal operations to which this
consent is hereby granted interferes with the use of said land or any part hereof by the
GRANTOR. This consent may be annulled and forfeited by declaration of the Secretary of the
Army for failure to comply with any and all of the provisions and conditions of this instrument.
b. That upon the relinquishment, termination, revocation, forfeiture or annulment of the
consent, the GRANTEE shall vacate the premises, and remove all property of the GRANTEE
there from. If the GRANTEE shall fail or neglect to remove said property and so restore the
premises, then at the option of the Secretary of the Army, the said property shall either become
the property of the GRANTOR without compensation therefore, or the Secretary of the Army
may cause it to be removed and the premises to be restored at the expense of the GRANTEE, and
no claim for damages against the GRANTOR, or its officers or agents, shall be created by or
made on account of such removal and restoration.
10. Transfer or Assignment
Without prior written approval of said District Commander the GRANTEE shall neither
transfer or assign any of the privileges herein agreed to, nor grant any consent or interest
whatsoever in, under, or upon any of the lands included under this consent.
11. That the GRANTEE within the limits of his/her respective legal powers shall comply with all
Federal, interstate, state, and/or local GRANTOR regulations, conditions or instructions for the
protection of the environment and all other matters as they relate to real property interests granted
herein.
12. Except as otherwise specifically provided, and reference herein to "Secretary", "District
Commander", "Installation Commander", or "said officer" shall include their duly authorized
representatives. Any reference to "GRANTEE" shall include assignees, transferees and their
duly authorized representatives.
This consent is not subject to Title 10, U.S.C., Section 2662.
{Signature Pages to Follow}

CONSENT NO. DACW21-9-09-5009
ATLANTIC INTRACOASTAL WATERWAY, NORTH CAROLINA
IN WITNESS WHEREOF, I have hereunto set my hand, by authority of the Secretary
of the Army this �5 day of , 2019
THE UNITED STATES OF AMERICA
By
RALPH J. ER HMANN
Chief, Re stat Division
U. S. Army Corps of Engineers
Savannah District
THIS CONSENT is also executed by the Grantee this I day of J u ( ) 20 0 9
TOWN OF OAK ISLAND
State of North Carolina County of bAuaswi Cif ,
I, the undersigned Notary Public oft e County and State aforesaid, do hereby certify that
on this the`'' day of j u JL4 2QCq,
personally appeared before me this day and acknowledged that the si nature on the
document was voluntarily affixed by them for the purposes therein stated and that he/she
had due authority to sign the document in the capacity therein stated.
N&4ary Pu is
Notary Registration No. -- ° o g 14 © ° ° z
My commission expires the � day of , 20 _3_.

"THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVEIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
"G.S. 47-30 (n)"
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
ATLANTIC INTRACOASTAL WATERWAY
CONSENT NO. DACW21-9-09-5009
GRANTEE: TOWN OF OAK ISLAND
Consent for Construction of Observation Deck & Stairs
. SUBJECT AREA:
Portion of Tract Nos. 2E, part of Cape Fear River to
Little River, SC Section
11 1 SCALE: NTS DATE: 1/5/2009
EXHIBIT "A"

"THIS MAP IS NOT A CERTIFIED SURVEY
AND HAS NOT BEEN REVEIEWED BY A
LOCAL GOVERNMENT AGENCY FOR
COMPLIANCE WITH ANY APPLICABLE
LAND DEVELOPMENT REGULATIONS
"G.S. 47-30 (n)"
DEPARTMENT OF THE ARMY
OFFICE OF THE SAVANNAH DISTRICT ENGINEER
SOUTH ATLANTIC DIVISION
ATLANTIC INTRACOASTAL WATERWAY
CONSENT NO. DACW21-9-09-5009
GRANTEE: TOWN OF OAK ISLAND
Consent for Construction of Observation Deck & Stairs
SUBJECT AREA:
Portion of Tract Nos. 2E, part of Cape Fear River to
Little River, SC Section
I_ I SCALE: NTS DATE: 1/5/2009 1
EXHIBIT "B"
RPr-P:tvi=n

��. - A
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
August 21, 2009
Mr. & Mrs. Chiarizia
105 E. Yacht Drive
Oak Island, NC 28465
Dear Mr. & Mrs. Chiarizia:
Resources
Dee Freeman
Secretary
This letter is in response to your correspondence, which was received by the Division of Coastal Management on October 1, 2008,
regarding your concerns about the proposed development by the Town of Oak Island, at the end of NE 2nd Streets adjacent to the
Atlantic Intracoastal Waterway (AIWW), in Brunswick County. The project consists of a parking area, steps and an elevated platform
over high ground. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources
Commission (71-1. 0209), and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit,
as well as the applicable rules.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal
Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing.
The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20:
days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.
Please contact me at [phone], if you have any questions, or if I can provide any additional information.
Respectfully yours,
/�4rne'l ar- 61
Heather Coats
Field Representative
cc: Wilmington Files
127 Cardinal Drive Ext., Wilmington, NC 28405 TOne

Beverly Eaves Perdue
Governor
ugust 21, 2009
1r. Bob Haverkamp
344 Kinsdale Drive
,aleigh, NC 27615
)ear Mr. Haverkamp:
�M�Rjft
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
James H. Gregson
Director
Dee Freeman
Secretary
'his letter is in response to your correspondence, which was received by the Division of Coastal Management on October 2, 2008 and
anuary 16, 2009, regarding your concerns about the proposed development by the Town of Oak Island, at the end of NE 2nd Street,
idjacent to the Atlantic Intracoastal Waterway (AIWW), in Brunswick County. The project consists of a parking area, steps and an
elevated platform over high ground. The proposed project has been determined to comply with local regulations and the Rules of the
;oastal Resources Commission (71-1..0209), and as such, a permit has been issued to authorize the development. I have enclosed a
:opy of the permit, as well as the applicable rules.
f you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal
Zesources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing.
he hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20)
lays of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.
'lease contact me at [phone], if you have any questions, or if I can provide any additional information.
Respectfully yours,
leather Coats
=ield Representative
�c: Wilmington Files
127 Cardinal Drive Ext., Wilmington, NC 28405 *TOne

f�
NCDENR
North Carolina Department of Environment and Natural
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
August 21, 2009
M.L. Byrnes & Allan May
101 E. Yacht Drive
Oak Island, NC 28465
Dear Ms. Byrnes & Mr. May:
Resources
Dee Freeman
Secretary
This letter is in response to your correspondence, which was received by the Division of Coastal Management on October 6, 2008,
regarding your concerns about the proposed development by the Town of Oak Island, at the end of NE 2nd Street, adjacent to the
Atlantic Intracoastal Waterway (AIWW), in Brunswick County. The project consists of a parking area, steps and an elevated platform
over high ground. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources
Commission (7H. 0209), and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit,
as well as the applicable rules.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal
Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing.
The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20
days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.
Please contact me at [phone], if you have any questions, or if I can provide any additional information.
Respectfully yours,
Heather Coats
Field Representative
cc: Wilmington Files
197 (arrlinni nriva FYt Wilminntnn N(: 9RdnS � One,, i-r

A�12a=h�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Beverly Eaves Perdue James H. Gregson
Governor Director
August 21, 2009
Ms. Annette Middleswarth
157 NE. 2nd St.
Oak Island, NC 28465
Dear Ms. Middleswarth:
Dee Freeman
Secretary
This letter is in response to your correspondence, which was received by the Division of Coastal Management on October 6, 2008,
regarding your concerns about the proposed development by the Town of Oak Island, at the end of NE 2°d Streets adjacent to the
Atlantic Intracoastal Waterway (AIWW), in Brunswick County. The project consists of a parking area, steps and an elevated platform
over high ground. The proposed project has been determined to comply with local regulations and the Rules of the Coastal Resources
Commission (71-1. 0209), and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit,
as well as the applicable rules.
If you wish to contest our decision to issue this permit, you may file a request for a Third Party Appeal. The Chairman of the Coastal
Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing.
The hearing request must be filed with the Director, Division of Coastal Management, in writing and must be received within twenty (20)
days of the disputed permit decision. I have enclosed the applicable forms and instructions that must be filed prior to that deadline.
Please contact me at [phone], if you have any questions, or if I can provide any additional information.
Respectfully yours,
Heather Coats
Field Representative
cc: Wilmington Files
127 Cardinal Drive Ext., Wilmington, NC 28405 1�TOne (`Qrnl in a

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ri
RCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
September 29, 2008
SENT CERTIFIED MAIL # 70081140 0002 9559 0861
Town of Oak Island
C/o Gene Kudgus
4601 E. Oak Island Drive
Oak Island, NC 28465
RE:NOTICE TO EXTEND TIME TO GRANT OR DENY CAMA MINOR PERMIT
APPLICATION NUMBER— 08-39 & 08-40
PROJECT ADDRESSILOCATION — Accesses at NW 2°d Street & NE 2^d Street
Dear Mr. Kudgus:
Pursuant to NCGS 113A-121(b), the undersigned hereby gives notice to the applicant that for good cause,
and in order to properly consider all information necessary to making a decision on this permit application, the time
period within which a final decision shall be made has been extended an additional twenty-five (25) days.
If you have any questions concerning this action, please contact me at [phone].
Sincerely,
4�oaz,3
Heather Coats
Field Representative
Cc: WiRO Files
Donna Coleman, Town of Oak Island
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net

AFFIDAVIT OF PUBLICATION
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOV ER
CAMA MINOR
Before the undersigned, a Notary Public of Said County and State.
PERMIT NOTICE
Pursuant to NCGS 113A-
119(b),the North Caro-
Terrie Millard
lina Division of Coastal
Management, an agency
authorized to issue CAMA
permits in areas of envi-
Who, being duly sworn or affirmed, according to the law, says that he/she is
ronmental concern,
hereby gives NOTICE that
on September 8, soon,
the Town of Oak Island
er Financial Services Manager
g
applied for a CAMA per-
mit to construct public
access, observation deck,
of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of
and parking & picnic ar-
eas on town right-of-way
North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington
at NE 2nd St., off of E.
Yacht Dr., adjacent to the
CAMA MINOR PERMIT NOTICE Pursuant to NCGS 113A-119b, the North Carolina Division
AIWW, in Oak Island,
Brunswick county. The
of Coastal Management, an agency authorized to issue CAMA permits in areas of
application may be in -
environmental concern, hereby gives NOTICE that on September 8, 2008, the Town of Oak
spected at the address
below. Public comments
received by October 4,
Island app
2008 will be considered,
Later comments will be
accepted and considered
up to the time of permit
decision. Project modifi-
cations may occur based
on further and
comments. Notice wof the
was inserted in the aforesaid newspaper in space, and on dates as follows:
permit decision in this
matter will be provided
upon written ea her Coats
9119 Ix
Field Representative
Division of Coastal
Management
127 Cardinal Drive
Extension
And at the time of such publication Star -News was a newspaper meeting all the requirements and
Wilmington, NC
28405-3845
qualifications prescribed by Sec. No. 1-597G-.S. of N.C. - - - -- --- - - -
Phone: [phone]
Title: Financial Services Manager
Swo n or affirmed to, and subscribed before me this q1*5 day of
A.D., ,;009
In Testimony Whereof, I have hereunto set my hand and affixed my officia`��tllt.l�tf��ind
year aforesaid. `\\���p�N `����✓��
ci
ONotal PublW
My commission expires 1 Z-} day of�_,
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
MAIL TO:
REGEV --ID
DCM WILMINGTON, NC
- nnn4

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Kyle:
September 16, 2008
Re: Town of Oak Island MINOR Public Notice for NE 2❑d St. Access
Please publish the attached Notice in the Friday, September 19, 2008 issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to paymen
for newspaper advertising. Please send the original affidavit of the published notice to Melissa Sabastian, 401
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 o
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 credi
card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at ou
Wilmington office.
Sincerely,
Enclosure
cc: File Copy
Shaun Simpso
Permit Support Technician
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us

CAMA MINOR PERMIT NOTICE
Pursuant to NCGS 113A-119(b), the North Carolina Division of Coastal Management, an agenc
authorized to issue CAMA permits in areas of environmental concern, hereby gives NOTICE that o
September 8, 2008, the Town of Oak Island applied for a CAMA permit to construct public access
observation deck, and parking & picnic areas on town right-of-way at NE 2Id St., off of E. Yacht Dr
adjacent to the AIWW, in Oak Island, Brunswick County. The application may be inspected at th
address below. Public comments received by October 4, 2008 will be considered. Later comments w'
be accepted and considered up to the time of permit decision. Project modifications may occur based o
further review and comments. Notice of the permit decision in this matter will be provided upon writte
request.
Heather Coats
Field Representative
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405-3845
Phone: [phone]
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone] \ Internet: http://dcm2.enr.state.nc.us

SITE DRAWING/APPLICATION CHECKLIST
Please make sure your site drawing includes the following information required for a CAMA minor development permit.
The drawing may be simple and not necessarily to scale. The Local Permit Officer will help you, if requested.
PHYSICAL DIMENSIONS
❑ Label roads
❑ Label highways right-of-ways
❑ Label local setback lines
❑ Label any and all structures and driveways currently existing on property
PHYSICAL CHARACTERISTICS
❑ Draw and label mean high water mark
❑ Draw location of on -site wastewater system
If you will be working in the ocean hazard area:
❑ Draw and label dune ridges (note height)
❑ Draw and label toe of dune
❑ Identify and locate first line of stable vegetation
❑ Draw and label setback line under CAMA
❑ Draw and label topographical features (optional)
If you will be working in an estuarine shoreline area:
❑ Draw and label landward limit of AEC
❑ Describe terrain (slope)
DEVELOPMENT PLANS
❑ Draw and label areas that will be disturbed
❑ If a house is to be placed on lot, describe location of house
❑ Note size of piling and depth to be placed in ground
❑ Draw and label all areas to be paved or graveled
❑ Describe composition of surface
❑ Note and list fully all trees and vegetation to be removed or relocated
❑ Show landscaping
NOTE TO APPLICANT
Have you:
• completed all blanks and / or indicated if not applicable?
• notified and listed adjacent property owners?
• included your site drawing?
• signed both application and statement of ownership?
• enclosed the $100.00 fee?
• completed an AEC Hazard Notice, if necessary?
Site Notice Posted Final Inspection
FOR STAFF USE
Fee Received
Site Inspections RECEIVE C
Date of Action: Issued Exempted Denied Appeal Deadline (20 44ysl

CIO
O
tOWN OF
M
V7
r
O O Certified Fee
C3Return Receipt Fee
(Endorsement Required)
O Restricted Delivery Fee
HED pRO q,q � (indorsement Required)
ru
O
September 3, 2008 C3
r-
Silvin & Patsy Chiarizia
108 E. Yacht Dr.
Oak Island, N.C. 28465
Dear Adjacent Property.
This letter is to inform you that the Town of Oak Island has applied for a CAMA Minor Permit
for Town property at NE 2°dNE 2 Street in Brunswick County. As required by CAMA regulations, I
have enclosed a copy of my permit application and project drawing(s) as notification of our
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 the proposed project, please
contact me at 910-201-8043, or by mail at the address listed below. If you wish to file written
comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you
may submit them to:
Heather Coats
Dept. of Environment & National Resource
127 Cardinal Dr. Extension
Wilmington, NC 28405
Sincerely,
4 e'llt F,
Gene Kudgus�
Public Works Director
Town of Oak Island
4601 E. Oak Island Dr.
Oak Island, NC 28465
RECEIVED
SEP 0 d 2008
DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER
STATEMENT FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to / e w /1 mot, QQ L Z& d 's
�1 (Name of Property Owner)
property located at Alf 2 �d — ree� ef a n a� ,
-� �e / Address, Lot, Block, Road, etc.)
on.1/1�✓rt eougSi (yu in Twn dt r�RGG S�ctv�q� 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
RECEIVE[
SEP 0 8 2008

September 3, 2008
Robert & Kathy Haverkamp
1344 Kinsdale Drive
Raleigh, NC 27615
Dear Adjacent Property.
US
Postal
.
Service,,,
CERTIFIED
(Domesfic
MAIL,,:,
RECEIPT
Mai/
Oniy,
NO Insurance
Coverage
Provided)
CO
O Postage $ t S "1
1:3 Certified Fee
a
O Return Receipt Fee
(Endorsement Required) '
Restricted Delivery Fee
�ORTh CAR����P u7 (Endorsement Required)
\ ��RIERsn iiv i 11J
O
O
r%-
Total Postage $ Fees r
z-(7)
---------
This letter is to inform you that the Town of Oak Island has applied for a CAMA Minor Permit
for Town property at NE 2"d Street, in Brunswick County. As required by CAMA regulations, I
have enclosed a copy of my permit application and project drawing(s) as notification of our
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 the proposed project, please
contact me at 910-201-8043, or by mail at the address listed below. If you wish to file written
comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you
may submit them to:
Heather Coats
Dept. of Environment & National Resource
127 Cardinal Dr. Extension
Wilmington, NC 28405
Sincerely,
Gene Kudgus
Public Works Director
Town of Oak Island
4601 E. Oak Island Dr.
Oak Island, NC 28465
RECEIVED
SEP 0 8 2008

ADJACENT RIPARIAN PROPERTY OWNER
STATEMENT FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to / �W /1 ejt, Oak _G,SlQ d's
(Name of Property Owner)
property located at ��� 2 �d Jlree� ,S eef Qh
Address, Lot, Block, Road, eta)
on T4✓u eugSl� ! (,I�GTi°v Lc/u H, in Twn ci-' O-g J /dA W 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
RECEIVED
SEP 0 8 2008
DCM WILMINGTON, N

AMA PERMIT
APPLIED FOR
�■ :J l:J :XW k-IL I b- 3 4 l i l:i W 919 I VA I .:_ • .wlwl-t
observation deck, and parking & picnic_ areas on
COMMENTS ACCEPTED THROUGH
APPLICANT:
LIM
October 4, 2008
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div_ of Gnantal Management
127 Cardinal Or. Fxt.
Wilmington, NC 28405
Heathpr Cnats 910,796.7424

aPK'S`A"a TOWN OF OAK ISLAND
4601 E. ISLAND DRIVE
OAK ISLAND, N.C. 28465
~o*rN cpRo�`,' [phone]
PAY ****100 DOLLARS AND 00 CENTS ****
PAY NCDENR
TO THE
ORDER
OF
BBU 66-112 035627
SOUTHPORT, NC 28461 531
DATE CHECK NO. CHECK AMOUNT
08/29/2008 35627 $100.00
VOID AFTER 60 DAYS
THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY
E LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT.
AUTHO ED IGNATURE /
- -
AU HORIZED SIGNATURE
11503562711' ':05310LL20:000521680L87Suo
I.— OF
OPA IS(A^.O TOWN OF OAK ISLAND
4601 E. ISLAND DRIVE
OAK ISLAND, N.C. 28465
1'pgT11
C^Fo`,a'' [phone]
PAY ****100 DOLLARS AND 00 CENTS ****
PAY NCDENR
TO THE
ORDER
OF
/p 5,5'0 jjw
F! c-
BBB,tT 66-112 035626
SOUTHPORT, NC 28461 531
DATE CHECK NO. CHECK AMOU
08/29/2008 35626 $100.00
VOID AFTER 60 DAYS
THIS DISBURSEMENT HAS BEEN APPROVED AS REQUIRED BY
THE LOCAL GOVERNMENT BUDGET AND FISCAL CONTROL ACT.
Wit,. Ct..�i.� _•' l.1 �L L �,.,�� (—A! I.r
AU ED SIGNATURE \
AU HORIZED SIGNATURE
11'03562611' 1:053LOLL20:00052L680LB7Slim

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