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112-05 Town of Swansboro
Permit Class Permit Number NEW 112-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission C C Y Vernift for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229�$_ Issued to Town of Swainsboro , 502 Church Street, Swansboro, NC 28584 I Authorizing development in Onslow _County at White Oak River, Hwy 24, Swansboro as requested in the permittee's application (MP-1 and MP-2) dated 4/1/05 and (MP-3 and MP-4) dated 5/16/05 including the attached workolan drawings (3) dated 5/16/05 This permit, issued on ReptPmher 6, 2005 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Dockwalk 1) This permit authorizes only the dockwalk, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this dockwalk facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily without permit modification. (See attached sheets for Additional Conditions) rnts permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. l/(7� Cha es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Town of Swansboro Permit #112-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) The Town of Swansbor shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons the permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. Upland Development 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Town of Swansboro ADDITIONAL CONDITIONS Permit #112-05 Page 2 of 3 3) The''.own of Swans, or shall maintain the authorized work in good condition and in conformance with the tehns and conditions of this permit. The Town is not relieved of this requirement if it abandons the permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project.completion. General 7) No attempt shall be made by the permittee to. prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal; relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps, of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures. shall have a minimum.setback distance of 15' feet between any parts of the structure and°the adjacent property owner's riparian access corridor to the south.' NOTE: This permit does not eliminate the -need to obtain any additional state, federal or focal permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property• may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. ■ 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. 1. Article Addressed to: S o�t0 0 A-r✓G�' ST NC A. Signature X B. Received byB. by (Prin�Name) . Date of. pate of D. Is delivery address different from item 1? ❑ Ya If YES, enter delivery address bekw. R No 3.. Type �c7�e�ice .CTCertilied Mail 13 Registered 1 O Fps Mail IjReturn Receipt for Merchandise ❑ Insured Mall 0C.O.D. 4. Restricted Delivery? (E+fra Fee) ❑ Yes 2. Article Number (transfer from ser 7006 3450 0000 8419 1194 PS Form 3811, February 2004 Domestic Return Receipt 1o2s U.S. Postal Service,,., CERTIFIED MAIL,, RECEIPT (Domestic Mail only; No Insurance Coverage 7Prowded)For deliver, information visit our website at www.us Er W r S Postage $ CO Certified Fee O O Return Receipt Fee O (Endorsement Raqulred) O Restricted Delivery Fee O (Endorsement Required) ul S Total Postage & Fees m box• 05 Postnowk Here 10/03/2007 ° o (3EYL7 me" O W S L wMBOX - - .-.- .......... _....... _._.. _ 0. an;s7ata.zu+,..�j�P.R��o 1 NORTH CAROLINA WAKE COUNTY �IMF z1a MAY 0 2 2005 Morehead City DCM I, Joe G. Creech, Jr., a Notary Public in and for Johnston County and State aforesaid, do hereby certify that Tammy Denning, Secretary of the Board of Transportation and Custodian of the Seal of the Department of Transportation of the STATE OF NORTH CAROLINA, personally came before me this day and acknowledged that she is the Secretary of the Board of Transportation and that by authority duly given and as the act of the Department of Transportation of the STATI' OF NORTH CAROLINA, the following EASEMENT was signed in its name by J. B. Williamson, Jr., Manager of Right of Way of the Division of Highways of said Department, sealed with its official seal and attested by herself as Secretary of the Board of Transportation. In WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal, the 9' day of March, 2005. My Commission Expires: September 8, 2007 NORTH CAROLINA, ONSLOW COUNTY The foregoing certificate(s) of _ %V- � ns, , J� (j NOTARY PUBLIC / NOTARY PUBLIO I e ce istare certified to be correct This instrument and this certificate are duly registered at the date and timme nd fi the Bout and Pagq wn on the first page hereof. 1f 1 �� AL✓ ' Register of Deeds for Onslow County Deputy/Assistant-Register of Deeds 1tibT 16d)(gg168 1671693�� �0 170 �j 72 -t 3 Pursuant to NCC: 47-30(n), this map is for illustrative purposes only. THIS KyP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A .00AL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. 760 r_174 T 7�w 5.77 �Py � % �y'` L'4i, -P5 vmo 252+ N 64'50'29'W 81.56' 733 250 J �) EIP 8.21 ' 89+735 \ N. C. DOT BK. 1521, PG. 783 ✓. �0180 L21 Z 120 5 2 1 y EIP o NIRti �. \ � \ 1 119 118 14 3.6� 2.6 x ROBERT MEADOWS EIP BK. 1259�PG. 789 ,� GUY W1RES—tea 3.6x PIER �762 ] 07 10.35'^-� _n 0 0 0 I Nursuant to NCCS 4/-30(n), this map is for illustrative purposes only. THIS MAP IS NOT A CERTIFIED SURVEY AND HAS NOT BEEN REVIEWED BY A LOCAL GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICABLE LAND DEVELOPMENT REGULATIONS. 726 81� 729XC 731X F0 W r NN664'50 29 "W 81.56' �I 737X 252 250 C > E,P 8.21 ' 2g 735 \ a+a 3 r5' �EIPI�1 � �\ � 0 ti NIR f \ A% 557x 3.6x 3. sx ROBERT MEADOWS 5 x BK 1259k,,PG. 78YJx X .� GUY wRrq Prepared by: FRANK W. ERWIN, ATTORNEY MAY 0 2 2005 825 Gum Branch Road, Suite 115 Morehead City DCM Jacksonville, NC 28540 NORTH CAROLINA STATEMENT OF CORRECTION ONSLOW COUNTY (PURSUANT TO NCGS §47-36.1) Pursuant to NCGS §47-36.1, and other applicable statutes and the law of the State of North Carolina, the undersigned do hereby submit as follows: 1. That the attached instrument was originally dated the 9th day ofMarch, 2005 and recorded on the 1 lth day of March, 2005, in Book 2407, Page 219, Onslow County Register of Deeds. 2. That an obvious typographical error or other minor error appeared in the original instrument and has been corrected and initialed on the original as follows: TO INCLUDE THE 2- PAGE EXHIBIT "A" AND TO CHANGE THE COUNTY ON PAGE 2 TO READ ONSLOW IN LIEU OF CARTERET. 3. That the undersigned is/are the original parties to the original instrument or the attorney drafting said original ' strument. This the day of APRIL, 2005. l PARTIES: / DATAIRE\GENREAL\CORRECT.FRM(082,>�� RE\TEMP\DOTCORRSTMT R-13942 ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. • Telephone: (910) 455.1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 r 111111111J 111111111111111 Doc ID: 000497490004 Tvpe: CRP Recorded: 03/11/2005 at 11:20:46 AM Fee Amt: $23. 00 Page 1 of 4 Excise Tax: $0.00 Onslow County, NC Mildred M Thomas ReAlster of Deeds R1<2407 PO219-222 Prepared by: FRANK W. ERWIN, ATTORNEY 825 Gum Branch Road, Suite 115 R13842 Jacksonville, NC 28540 NORTH CAROLINA ONSLOW COUNTY RTlwq !70 22005 Morehead City DCM DEED OF EASEMENT THIS DEED OF EASEMENT, made this the 9" day of March, 2005, by and between the Department of Transportation, hereinafter referred to as Grantor, and THE TOWN OF SWANSBORO, a North Carolina Political Subdivision, hereinafter called Grantee, whose permanent mailing address is P.O. Box 368, Swansboro, North Carolina, 28584; WITNESSETH: THAT WHEREAS, the Grantor, is the owner of certain property described in the Department of Transportation files as known generally as PARCEL I: 13,214.6 SQUARE FEET AND PARCEL II: 6,644.2 SQUARE FEET in the Town of Swansboro in ONSLOW County, North Carolina. The aforesaid property was conveyed to Grantor and referenced in Book 1521, Page 783, of the ONSLOW County Registry; and WHEREAS, the Grantee, is a North Carolina Political Subdivision, and is the municipality within which the Grantor's property described above is located; and WHEREAS, the Grantee is constructing a "dockwalk" pursuant to plans and grants approved by the Department of Transportation and the Town of Swansboro which work is being , all done in the furtherance of the public good and the good of the citizens of the Town of Swansboro; and ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 D 1VZj!! np 9 WHEREAS, the Grantor has agreed to convey to the Grantee a non-exclusive 005 perpetual easement for ingress, egress and regress, utility installation, and maintenance, over, on and under the aforesaid property of the Grantor in connection with the aforesaid ty DCM "dockwalk" hereinafter -described for the benefit of the said property of Grantee; NOW, THEREFORE, in consideration of the premises and other valuable consideration, Grantor does hereby grant and convey to unto the Grantee a perpetual non- exclusive right-of-way and casement for purposes of ingress, egress and regress, utility installation and maintenance, in, over and upon the hereinafter -described land located in Garteret County, North Carolina, and more particularly described as follows: on5k,vi BEING AN EASEMENT IN PERPETUITY OVER ALL OF THAT PROPERTY DESCRIBED ON EXHIBIT A, ATTACHED HERETO FOR REFERENCE AS IF FULLY SET FORTH. When reference is made to the grantor or grantee, the singular shall include the plural and the masculine shall include the feminine or the neuter. TO HAVE AND TO HOLD the aforesaid non exclusive right-of-way and easement unto the Grantee, and its successors and assigns, for the use and purposes thus stated, for the benefit of the property of Grantee hereinabove described. IN WITNESS WHEREOF, the Department of Transportation of the STATE OF NORTH CAROLINA has caused this EASEMENT to be executed in its name by its duly authorized officials as of the day and year first above written. ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 ATTEST:..... SECRETAR O THE BO OF TRANSPORTATION AND CUSTODIAN OF THE SEAL OF THE DEPARTMENT OF TRANSPORTATION Q �c MAY 0 2 2005 STATE OF NORTH CAROLINA, through `1d City DCM its age the Department of Transportatio B J. B. Williamson, Jr. MANAGER OF RIGHT OF WAY APPROVED AS TO FORM: ROY COOPER Attorney General Thomas B. Wood Assistant Attorney General ERWIN, SIMPSON & STROUD Attorneys, P.L.L.C. - Telephone: (910) 455-1800 825 Gum Branch Road, Suite 115, Jacksonville, NC 28540 about:blank Thank you so much for your help with this Mr. Vause. This email will work perfectly. Robert Vause PE wrote: Mr. Weaver, It appears we are ok with the proposed addition. If you need anything else, please let me know. thanks. Robert Vause, P.E. District Engineer Subject: Re: [Fwd: [Fwd: Town of Swansboro request to build pavilion off DOT property]] From: "Hugh Thompson Jr." <hughthompson@dot.state.nc.us> Date: Mon, 31 Mar 2008 08:42:39 -0400 To: Robert Vause PE <rvause@dot.state.nc.us> To: Robert Vause PE <rvause@dot.state.nc.us> Robert, Mason looked at this and we are ok with it. DOT had already granted an easement to them, so adding this pavilion doesn't change things from our perspective. Robert Vause PE wrote: Hugh, Have you had the chance to look into this? Robert Subject: [Fwd: Town of Swansboro request to build pavilion off DOT property] Date: Thu, 21 Feb 2008 17:44:36 -0500 From: Rich Weaver <Rich.Weaver@ncmail.net> To: Robert Vause PE <rvause@dot.state.nc.us> Hi Robert, just checking in to see if you received this and could possibly offer some guidance. .Thanks again. hope you are doing well -------- Original Message -------- Subject: Town of Swansboro request to build pavilion off DOT property Date: Thu, 14 Feb 2008 13:16:29 -0500 From: Rich Weaver <Rich.Weaver@ncmail.net> To: Robert Vause PE <rvause@dot.state.nc.us>, hthompson@dot.state.nc.us CC: Doug Huggett <Doug.Huggett@ncmail.net> Good morning Robert and Hugh, Robert thanks for taking the time to talk to me this morning. As we discussed, the Town of Swansboro is requesting to modify CAMA Major Permit #112-05 by adding a covered pavilion to their existing boardwalk. The issue is that the requested covered pavilion is proposed off of property owned by DOT. Since this is the case, CAMA just needs someone from DOT to OK this. I have attached the proposal for you to look over. If either of you are 1 of 2 3/31/2008 11:13 AM about:blank comfortable giving the OK on this, or can point me in the right direction, it would certainly be appreciated. If you are OK with the proposal, simply responding to this email will really be all the "paper work" we need to issue the modification. Thank you gentlemen and give me a call if you have any questions. Rich Weaver Asst. Major Permits Coordinator Division of Coastal Management Morehead City 252-808-2808 ------------------- Name: D00080214.pdf D00080214.pdf Type: Acrobat (application/pdf) Encoding: base64 Download Status: Not downloaded with message Name: D00080214-00l.pdf D00080214-001.pdf Type: Acrobat (application/pd£) Encoding: base64 Download Status: Not downloaded with message 2 of 2 3/31/2008 11:13 AM BOARD OF COMMISSIONER Paul W.Edgerton, Mayor David L. Russell, Mayor Pro-Tem Elbert Benton, Commissioner James G. Allen, Commissioner Philip R Keagy, Commissioner November 8, 2004 Division of Coastal Management Attn: Ms Tere Barrett DENR 151-B Hwy 24, Heston Plaza II Morehead, North Carolina 28557 Dear Ms. Barrett, i%M* n OFFICE OFTHE'rOWN MANAGER Edward L. Faison, Town Manager Paula W. Webb, Town Clerk Town of Swansboro Friendly City By the Sea • Established 1783 mv�,%v.swansFwro-nc :org Tat NOV 1 2 Morehead GWY IDIOM We are disappointed in your decision to return Swansboro's application for a CAMA Permit. Upon dose examination of the current alignment, there are three properties that would require permanent easements. Of those, none have expressed opposition towards a dockwalk. The temporary easements anticipated are for use during construction. If these easements prove unattainable, access would be achieved via public trust waters. The overwhelming response from our community has been supportive and in terms of the seven property owners along the alignment, two have indicated objection, e.g. Meadows and Kellum. Thus, I am surprised at your written comments to the contrary. Further, we respectfully disagree with your implied position that an individual's right to public trust waters outweighs the public's right to enjoy these same public trust waters. We believe DCM regulations support this conclusion as does case law and that this particular project provides a means for the public to enjoy this resource in a way that does not cause irreparable harm or prevent these property owners from continuing to enjoy this area, e.g. Meadows and Kellum. Also, please understand that the construction plan includes facilities to protect the privacy of private docks. There is much regret that I feel for this projects delay. The details elude me as I had a year leave of absence while serving on active duty in the Global War on Terrorism. Nonetheless, I remain committed to the essence of this project's purpose, which is to expand public access to the waterfront. Therefore, I am pursuing the alignment with flexibility and willingness to mitigate reasonable property owner issues. Task completion is being pursued on an expedited basis from each of our project team members. I anticipate reapplying for a major permit and fully intend to mitigate property owner concerns. Thanks for your consideration of this letter. Sincerely, ar y F ison To anager cc. Ted Tyndall, DCM Charles Jones, DCM 502 Clumch Street •Swansbm, NC 28584. 91013264428 -Fax 910326-3101 DIVISION OF COASTAL MANAGEMENT 406 NCDENR NMTM CARWNA DEPARTMENT O EwRo HCNTMD NRURA R=9 CE7 pie] OFFICE: TELEPHONE: ( ) FA\: (301) 651 - 16W or 2o2 —W— FROM: Morehead City Office 400 Commerce Avenue Morehead City, NC 28557-3421 Voice: (252) 808-280S FAX: (252) 247-3330 re DATE SENT: Db TOTAL PAGES I\i TCLUDL IG COVER SHEET: W A7FR 0 n67 O Larry Faison, Town Manager Town of Swansboro 502 Church Street Swansboro, NC 28584 Michael F. Easley, Governor William G. Ross, Jr., Secretary North Carolina Department of Environment and Natural Resources August 25, 2005 6�1 Subject: EXEMPTION Stormwater Project No. SW8 050641 601111wansboro Dock Walk Phase I Onslow County Dear Mr. Faison: Alan W. Klimek, P.E. Director Division of Water Quality RECEIVED DCM WILMINGTON N 0 !13 1 2005 Morehead City DCM The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for dredging on June 10, 2005, with additional information being received from the Town of Swansboro on August 10, 2005. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy of this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. If you have any questions or need additional information concerning this matter please contact Ms. Rhonda Hall at (910) 796-7215. Sincerejy, / 7 Ed Beck Regional Supervisor Surface Water Protection Section ENB/rbh: S:\WQS\STORMWAT\CAMA\050641.aug05 cc: CAMA Morehead, DCM Onslow County Inspections Doug Huggett, DCM Rhonda Hall Wilmington Regional Office Central Files North Carolina Division of Water Quality 127 Cardinal Drive Extension Phone (910) 796-7215 Customer Senice"77-623-6748 Wilmington Regional Office Wilmington, NC 28405-3845 FAX (910) 350-2004 Internet h2o.enr.stale.nc.us An Equal Opportunity/Affirmative Action Employer— 50% Recycled/10% Post Consumer Paper NorthCarolina ,Naturally MONITORING &'COMPLETION REPORT [CAMA Major Development & State Dredge & Fill Permits] PERMITTEE'SNAME:—TocVV1 CJT SC-,4rx Svry PERMIT# LOCATION: _R1�)fjCe-4 �• i7�i d FIELD REP Arwc. ("16 1=A DATE OF INSPECTION S/I I U , 017 DATE REPORTEDLY COMPLEM: `---- 1) Do the measured dimensions of the development differ from those indicated in the permit and workplat? YES/NO [circle one]. COMMENT: 2) SEDIMENTATION & EROSION CONTROL: Has Permittee seeded, grassed, or otherwise stabilized all disturbed areas? YES/NO [circle one] COMMENT: 3) FUTURE MONITORING & ENFORCEMENT ACTION: Is further investigation or enforcement action needed? YES/NO [circle one]. s7 04 3. 3 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of Swansboro LOCATION OF PROJECT SITE: Swansboro town property along Hwy. 24 just west of the White Oak river bridge in Swansboro 4.gS7 Cs�)CSZ) Photo Index - 2000: grid 11AM 019) (J20) State Plane Coordinates - X: 2565206.494 INVESTIGATION TYPE: CAMA 1995: grid 36-437 (J8) (K8) Y: 347368.611 Rover # J052314A INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/11/05 5/23/05 Was Applicant Present - yes 5. PROCESSING PROCEDURE: Application Received — 5/19/05 6. SITE DESCRIPTION: Office - MHC (A) Local Land Use Plan — Town of Swansboro dated 1999 Land Classification From LUP — Developed, Conservation (B) AEC(s) Involved: CW, EW, PTA, ES (C) Water Dependent: Yes (D) Intended Use: Pedestrian walkway along the Swansboro waterfront (E) Wastewater Treatment: Existing — N/A Planned - N/A (F) Type of Structures: Existing — Parking Area Planned - 615' dockwalk, 14'X12' viewing platform (G) Estimated Annual Rate of Erosion: Source — N/A HABITAT DESCRIPTION: (A) Vegetated Wetlands (B) Open Water (C) High Ground (D) Total Area Disturbed: 7,946 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 2,800 ft2 Shaded 430 ft2 Shaded & 4,000 ft2 716 ft2 Shaded 8. PROJECT SUMMARY: The Town of Swansboro is proposing the construction of a 615' pedestrian walkway along the White Oak River on the east side of the town. A 14'X12' viewing platform would also be constructed on high ground. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Field Investigation Report: Town of Swansboro Dockwalk Page 02 9. Narrative Description: The proposed Town of Swansboro dockwalk project is located along Hwy. 24 on the eastern side of Swansboro in Onslow County. The White Oak River borders the site to the east. The site is presently identifiable by an existing innovative pervious parking lot which is just west of the White Oak river bridge. The size of the project area is 0.82 acres and varies from 0' to 20' in elevation above NHW. The high ground is composed of Baymead (Urban land complex) soils and is vegetated with various grasses. Existing on high ground is an innovative stormwater infiltration parking area. The high ground quickly drops down a steep 20' escarpment to a thick fringe of Section 404 Wetlands. This area is vegetated with Wax Myrtle (Mvrica cerifera , Live Oak (Ouercus virginianal and various other freshwater wetland species. Kudzu is also present in the area. Adjacent to the Section 404 Wetlands is high marsh vegetated with Giant Cordgrass (Soartina cynosuroides), Black Needle Rush Juncus g, r�oemarianus), and Cattails (lyphas ). The break between the Section 404 Wetlands and the high marsh is designated on the plat as the CAMA line. Along the waters edge is a thin fringe of Smooth Cordgrass (Spartina alternifloral. Neither of the adjacent shorelines are stabilized and the adjacent property to the north has a dock. Approximately 80' off shore of the site is the center line of the Hominey Creek channel. This area of the White Oak River is classified by the Division of Water Quality as SC waters. It is not a PNA and is closed to the taking of shellfish. There are no shellfish leases in the area. Swansboro's Land Use Plan dated 1999 classifies this area as Developed and Conservation. 10. Project Description: The Town of Swansboro is proposing to construct a 615' dockwalk to allow pedestrians to walk along the White Oak River. A 14'X12' viewing platform would be constructed on high ground with a water fountain, trash receptacles and interpretative signs. The proposed dockwalk would be connected to an existing dock on the adjacent property (Swan Harbor) to the north. The Town of Swansboro has future plans to connect the dockwalk to Bicentennial Park to the south. This permit does not address those future plans. Adjacent to the existing parking lot on high ground would be the proposed 14'X12'(168ft2) viewing platform with benches, a water fountain, trash receptacles and interpretative signs. Surrounding the platform and parking area would be a 20'X200'(4,OOOff2) area to be graded and planted with native landscaping. Appropriate silt fencing will be used during grading to prevent sediment transfer to the adjacent wetlands. Extending from the platform, the proposed 6' wide dockwalk would cross 90'(540ft2) of highground before dropping down the escarpment. From here the dockwalk would cross over 55'(330ft3) of Section 404 Wetlands. Then the dockwalk would run parallel to the White Oak River crossing 405'(2,470ft2) of high marsh. Two sections (10' long) over high marsh will be expanded to 8' wide for handicaped access. The dock walk would be elevated 4.75' above the marsh surface. A 65' section of the dockwalk will extend below NHW. There will be one 10' section of this area expanded to 8' wide for handicaped access. Field Investigation Report: Town of Swansboro Dockwalk Page 03 The boundary of the proposed project extends across the properties of and into the riparian corridor of both Swan Harbor and the N.C. Dept. of Transportation. The proposed dockwalk will connect to the existing dock on Swan Harbor property. Permanent easements from both Swan Harbor and the N.C. Dept. of Transportation have been obtained and are on file with the Register of deeds in Onslow Co. 11. Anticipated Impacts: The proposed dockwalk would result in 540 ftz of high ground, 330ft2 of Section 404 Wetlands and 2,470ft2 of high marsh to be shaded. An additional 430 ftz of open water would be shaded and incorporated. The construction of the dockwalk could cause temporary impacts to coastal and federal wetlands from pile driving and foot traffic. On high ground, the 4,000 ft2 area to be graded could result in sediment transport to adjacent wetlands. Silt fences are proposed to prevent this from happening. A total of 7,946 ftz would be disturbed during this project with no impervious area being created. The proposed dockwalk would provide the public with access to and views of the White Oak river. Name Ryan Davenport Date May 25, 2005 Morehead City J�1 \Z o)t;� United States Department of the Interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 July 27, 2005 Mr. Henry Wicker U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. O. Box 1890 Wilmington, North Carolina 28402-1890 Subject: Action ID # 200500900; Town of Swansboro Carteret County, NC Dear Mr. Wicker: 7 QU(, (,` - Morehea(j C,,,. This letter provides the comments of the U. S. Fish and Wildlife Service (Service) on the subject Public Notice (PN), dated June 3, 2005. The applicant, the Town of Swansboro, has applied for a Department of the Army (DA) permit to construct a pedestrian walkway along the White Oak River. The proposed work is being considered under Regional General Permit #198000291, a permit/processing agreement for work that has been approved pursuant to the North Carolina Coastal Area Management Act (CAMA). These comments are submitted in accordance with the Fish and Wildlife Coordination Act (FWCA) (48 Stat. 401, as amended; 16 U.S.C. 661-667d). Comments related to the FWCA are to be used in your determination of compliance with 404(b)(1) guidelines (40 CFR 230) and in your public interest review (33 CFR 320.4) in relation to the protection of fish and wildlife resources. Additional comments are provided regarding the District Engineer's determination of project impacts pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Project Area, Proposed Activities, and Anticipated Impacts The project area, proposed work, and anticipated impacts area discussed in the Field Investigation Report (FIR), dated, May 25, 2005, of the North Carolina Division of Coastal Management (NCDCM). The applicant proposes to construct an elevated pedestrian walkway, or dockwalk, along the White Oak River. The area is not a designated Primary Nursery Area (PNA). From a high ground viewing area, the walkway would extend to the river then run parallel to the river, for a total length of 615 feet. The walkway would be six feet wide except in one or two areas widened to eight feet for handicap accessible turnout areas. The structure would be 4.75 feet above the marsh "surface", or more precisely the marsh substrate. The proposed structure would shade 330 square feet (ft�) of non -coastal (or 404) wetlands and 2,470 ftZ of high marsh dominated by giant cordgrass (Spartina cynusuroides), black needlerush (Juncus roemerianus), and cattails (Typha spp.). No dredging or filling of wetlands or estuarine waters is proposed. The FIR states that grading of 4,000 ftZ of uplands could result in sediment runoff into wetlands. However, silt fences have been proposed to prevent such runoff. Federally Protected Species The Service has reviewed available information on federally -threatened or endangered species known to occur in Carteret County. We have also reviewed information from the North Carolina Natural Heritage Program (NCNHP) database which contains excellent data on the special status species, both federal and state. This database can be accessed by topographic quadrangle (quad) of the U. S. Geological Survey (USGS). Data from USGS quads provide the most project -specific information on species which should be considered in permitting this project. The project area is located in the Swansboro quad. Occurrence data of special status species within these quads can be obtained on the internet at < http://www.ncnhp.org'T ages/heritagedatahtml >. Our review indicates that no federally listed species under Service jurisdiction are likely to occur in the project area. While dock construction can pose a risk to the West Indian manatee (Trichechus manatus), the proposed dock is almost entirely landward of the MHW line. Therefore, the construction area is not suitable for manatee use. Therefore, the Service would concur with a determination by the District Engineer that the action is not likely to adversely affect species designated as threatened, endangered, or their designated critical habitat. The Corps' requirements of section 7 of the ESA would be fulfilled. However, the Corps must reconsider its obligations under section 7 of the ESA if: (1) new information reveals impacts of this identified action that may affect listed species or critical habitat in a manner not previously considered; (2) this action is subsequently modified in a manner which was not considered in this review; or, (3) a new species is listed or critical habitat determined that may be affected by the identified action. Service Concerns and Recommendations The Service support the purpose of the dockwalk which to provide public access to and views of the White Oak River. The Service is pleased that the structure would be elevated 4.75 feet above the existing substrate. This elevation will reduce the adverse effects of shading on marsh plants. Overall, the Service does not believe the activities described in the PN and FIR would have significant adverse and/or irreversible effects on fish and wildlife resources. Therefore, the Service has no objection, from the standpoint of fish and wildlife under our jurisdiction, to the issuance of a DA permit for the proposed activities. The Service appreciates the opportunity to comment on this PN. If you have questions regarding these comments or wish to discuss the development of the coordinated federal position, please contact Howard Hall at 919-856-4520, ext. 27 or by e-mail at < howard_hall@fws.gov >. Please provide this office with a copy of the coordinated federal position, if one is developed. Sincerel Pete Benjamin cological Services Supervisor cc Ronald Mikulak, US Environmental Protection Agency, Atlanta, GA Ron Sechler, NOAA Fisheries, Beaufort, NC Maria Tripp, NC Wildlife Resources Commission, Washington, NC Ted Tyndall, NC Division of Coastal Management, Morehead City, NC John Dorney, NC Division of Water Quality, Raleigh, NC DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 13, 2005 Regulatory Division Action ID No. 200500900 and State Permit Nq. 112-05 5 Town of Swansboro 502 Church Street Swansboro, North Carolina 28584 Dear Madam or Sir: Reference your application for a Department of the Army permit to construct a 615' pedestrian walkway along the White Oak River, in Swansboro, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. John Dorney Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 303033 Mr. Doug Huggettv Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO September 13, 2005 Regulatory Division Action ID No. 200500900 and State Permit No. 112-05 -j C,. Town of Swansboro 502 Church Street Swansboro, North Carolina 28584 Dear Madam or Sir: Reference your application for a Department of the Army permit to construct a 615' pedestrian walkway along the White Oak River, in Swansboro, Onslow County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office t Enclosure Copies Furnished (without enclosure): Mr. John Domey Division of Environmental Management North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Ronald J. Mikulak, Chief Wetlands Section - Region IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Tere Barrett, District Manager / Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 an'iy North Carolina Department of Cultural Resources State Historic Preservation Office Perr B. Sandbeck, Adrainismtor Michael F. Easley, Governor Officc of Archives and History lisbeth C. Evans, Secretary Division of Historical Resources Jeffrey J. Crow, Deputy Secretary David Brook, Director September 8, 2005 EC E I V E D Z/O� WILMINGTON, NC Mr. Edward L. Faison, Town Manager (� S E P 1 9 2005 Town of Swansboro 502 Church Street Swansboro, NC 28584 RE: Swansboro Dockwalk, Swansboro, Onslow County, ER05-1298 Dear Mr. Faison: Thank you for your letter of August 25, 2005. We have revised out initial review of this project in light of the new information (formal scale design plans) supplied by your office and offer the following comments. The design plans indicate that the proposed undertaking consists of a wooden boardwalk that will be constructed a minimum of three feet above coastal wetlands. This undertaking, as presently proposed, will likely have no effect on significant terrestrial cultural resources. In addition, the undertaking is deemed not to have the potential to adversely impact significant underwater resources. Based on this information, we have reconsidered our original recommendation for archaeological survey as outlined in our memo of July 19, 2005 to Mr. Doug Huggett of the Division of Coastal Management Presently, we do not feel that an archaeological survey is warranted for this undertaking. In addition, we are satisfied that any conditions set forth in the CAMA permitting process, which require an archaeological survey have been met and fulfilled in total. We will supply copies of this letter to Mr. Huggett and Colonel James DeLony of the Army Corps of Engineers, Wilmington District. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-733-4763. In all future communication concerning this project, please cite the above -referenced tracking number. �_ceArely, 17 " Peter Sandbeck ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mal Service Center, Raleigh NC 27699-4617 RESTORATION 515 N. Blowt Street, Raleigh NC 4617 Mail Service Center, Raleigh NC 27699-4617 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mad Service Center, Raleigh NC 27699-4617 cc: Doug HuggeM DCM ACOE, Wilmington Permit # DCM Coordinator: Nowe /I MAILING DISTRIBUTION: Permitee: oww- a4 5w- wsbeco Agent: DCM Field Offices: Elizabeth City oLghead City Washington Wilmington US Army Corps of Engineers (USACE):. Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland . Wilmington: Others: Cultural Resources: Environmental Health: Marine Fisheries: NCDOT: Shellfish Sanitation: State Property Office: Water Quality: Water Resources: Wildlife Resources: LPO: Dave Timpy (NCDOT) �Maria iTr nrJ S+eue David Cox (NCDOT) Travis Wilson (NCDOT) FAXING DISTRIBUTION: Permitee at Agent at DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington (252/948-0478) Wilmington (910/350-2004) US Army Corps of Engineers (USACE): Washington: Mike Bell (NCDOT) Bill Biddlecome (NCDOT) Raleigh Bland (252/975-1399) Wilmington: Dave Timpy (NCDOT) Henry Wicker (910/2514025) CAMA Major Permit Process Manual Page 70 of 70 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary September 7, 2005 Town of Swansboro 502 Church Street Swansboro, NC 28584 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff - colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. Please retain the original (buff -colored form), as it must be available on site when the project is inspected for compliance. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, C� Douglas V. Huggett U3 Major Permits and Consistency Manager 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper r WK NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM: TO: DOUG HUGGETT JUNE 14, 2005 FROM: RYAN DAVENPORT f-E) THROUGH: TERE BARRETT SUBJECT: COMMENTS & RECOMMENDATIONS - CAMA MAJOR PERMIT- TOWN OF SWANSBORO DOCKWALK. The following are my comments and recommendations regarding the aforementioned proposal. The proposal is for grading an area 20' X 200', the construction of a 14'X12' viewing platform and the construction of 680' of dockwalk. The proposed dockwalk does extend beyond the Towns riparian corridor and property boundaries but easements have been obtained from neighbors. I recommend the project be authorized as proposed, contingent upon the following conditions: 1 This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, may become a permanent part of this facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2 This permit does not authorize the excavation or filling of any vegetated wetlands or open water areas. 3 No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 4 The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third parry. 5 The authorized structure and associated activity must not cause an unacceptable interference with navigation. 6 This permit does not authorize the interference with any existing or proposed Federal project, and the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7 The permittee must install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8 This permit neither authorizes or implies permittabiliry of any future phases of the boardwalk. Cc: Ted Tyndall, DCM Henry Wicker, COE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nocoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper M STA7[� �� wu. Nam• North Carolina Department of Cultural Resources State Historic Preservation Office Peter B. Satdheck, Administrator Michael F. Easley, Governor Lisbeth C. Evans, Secretary Jeffrey J. Crow, Deputy Secretary July 19, 2005 MEMORANDUM TO: Doug Huggett, Chief Major Permits Processing Section Division of Coastal Management, DENR Office of Archives and History Division of Historical Resources David Brook, Director Aft��� M JUc Colonel James DeLony, District Engineer °r°h@ Army Corps of Engineers, Wilmington District ad City FROM: Peter Sandbeck P�epfsA.bick V SUBJECT: CAMA/Dredge and Fill Permit Application Review, Town of Swansboro, Onslow County ER05-1298 We have reviewed the permit application for the above project and offer the following comments. The proposed project, although small in scope, is located a relatively short distance to the northwest of the Swansboro Historic District. The potential for this area to contain cultural resources associated with Historic Swansboro is deemed high. As a result, this area should be considered high probability for potentially significant cultural resources. We recommend that any permits issued for the project include the following conditions. Prior to initiation of any ground disturbing activities within the project area, the permittee shall arrange for an archaeological survey to identify and evaluate any archaeological sites which may be eligible for listing in the National Register of Historic Places; to determine whether such sites may be adversely affected by the project activities; and, if so, to develop and implement an appropriate mitigation plan. Two copies of the resulting archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to the Office of State Archaeology through this office for review and comment as soon as they are available and well in advance of any construction activities. A list of archaeological consultants who have conducted or expressed an interest in contract work in North Carolina is available atwww.arch.dcr.state.nc.us/consults.h The archaeologists listed, or any other experienced archaeologist, may be contacted to conduct the recommended survey. All activities associated with the archaeological investigations shall be coordinated with the Office of State Archaeology through this office. ADMINISTRATION 507 N. Blount Street, Raleigh NC 4617 Mal Service Center, Raleigh NC 27699-4617 (9191)733-4763/733-MS3 RESTORATION 515 N. Blount Street. Raleigh NC 4617 Mad Service Center, Raleigh NC 27699-4617 (919)733-6547/715-4801 SURVEY & PLANNING 515 N. Blount Street, Raleigh, NC 4617 Mad Service Center, Raleigh NC 27699.4617 (919)733-6545/715AMI The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919-733-4763. In all future communication concerning this project, please cite the above -referenced tracking number (ER05-1298). Re: Stormwater Status Subject: Re: Stormwater Status From: Linda Lewis <linda.lewis @ncmail.net> Date: Thu, 01 Sep 2005 09:25:30 -0400 To: "Faison, Larry" <lfaison@ci.swansboro.nc.us> CC: Jonathan Howell <Jonathan.Howell@ncmail.net>, Deven Lindenberg <drlindenberg@blwi.com> This project was exempted on 8/25/2005 from state stormwater requirements. Linda Faison, Larry wrote: Jonathan/Linda, Spoke to C. Perin, w/NC State, who was one of two persons involved as the EPA Project Managers regarding permitting of pervious parking area vic C21/White Oak River; she indicated a DCM did not require a permit due to non proximity to the waterway. I do not have a letter from DCM to that effect, but have been working with DCM on the adjoining project for which they have made a site visit and seen the pervious parking area at which time DCM would have raised an objection if one was warranted. Please advise... Larry Faison, Manager Town of Swansboro 502 Church Street Swansboro, NC 28584 910-326-4428, 0 (ctrl ext) 910-326-3101 (fax) -----Original Message ----- From: Linda Lewis [mailto:linda.lewis@ncmail.net] Sent: Wednesday, August 24, 2005 7:22 AM To: Faison, Larry Cc: Jonathan Howell; Deven Lindenberg; rhonda hall Subject: Re: [Fwd: Re: Stormwater Status] When was the pervious parking lot installed? Did that project require a LAMA Major permit? If it did, a Stormwater permit is also required. If no CANA Major was required at the time the parking lot was installed, and if this is just a raised boardwalk with no new BUA, than an exemption can be issued. Please advise if this is the case. Thanks, Linda -----Original message ----- From: Faison, Larry Sent: Tuesday, August 23, 2005 4:13 PM To: 'Jonathan Howell' Cc: 'linda.lewis@ncmail.net'; Deven Lindenberg Subject: RE: [Fwd: Re: Stormwater Status] Jonathon, Thanks for the note, regret delay responding... had events that kept me out of the office most of last week.. I have attached the letter Swansboro sent to Ms Hall-DWQ, dtd Aug 8th, in response to the notice from Ms Lewis on July 21st. My perspective is we complied with the intent of DWQs 7/21 letter and have requested and exception. The basis and applicability of which was discussed with DWQ by our Consultant, Deven R Lindenberg, BLUE: Land, Water, 1 of 5 9/1/2005 1:11 PM DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 A LY TO ArrENn ON OF: July 2, 2014 Regulatory Division Action ID No. SAW-2005-00900 and State Permit No. 112-05 Town of Swansboro 502 Church Street Swansboro, North Carolina 28584 To Whom It May Concern: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to modify the work associated with your Department of the Army (DA) permit issued on September 13, 2005, which authorized construction of a pedestrian walkway at the Bicentennial Park, adjacent to the White Oak River, in Swansboro, Onslow County, North Carolina. The requested modification includes the construction of a kayak launch and a platform in waters of the United States. Your proposal continues to be consistent with the provisions and objectives of general permit No. 198000291 (copy enclosed). The permit is hereby modified. You may commence the activity in strict accordance with applicable State authorization and the approved plan (enclosed). Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. It is understood that all other conditions of your permit remain applicable. The expiration date of your DA permit is December 31, 2016. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to me at the Wilmington Field Office, Regulatory Division, at telephone (910) 251-4829. Sincere Ronnie Smith, Pro ct Manager RECEIVED Wilmington Regulatory Field Office JUL 0 7 2014 'DCMNffD CITY -2- Enclosures GP 291 conditions Revised Plans Copies Furnished (with enclosures): Ms. Kathy Vinson Coastal Planning Services, Inc. Post Office Box 827 Morehead City, North Carolina 28557 Copies Furnished (without enclosures): Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environment and natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Wilmington, North Carolina 28405 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 �^ IN REPLY REFER TO Regulatory Division Action ID No. 200500900 August 3, 2005 /0 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: � V C.+ Reference the application of the T of S ansboro for a Department of the Army permit to construct a 615' pedestrian walkway ato i White Oak River, in Swansboro, Onsiow County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work 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 permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 5. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Quality at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 9. The Permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 10. Approval of the structure was based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 11. The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. 12. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 13. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 14. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 15. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 16. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Henry Wicker, Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, V V Henry cker Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Ms. Tere Barrett, District Manager Morehead City Regional Office North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 IN REPLY REFER TO 7 r ) J RegWatory Division v ` 410 JUL 152005 ._. �/1 Action ID. 206.500900 Applicant: iTT"�" WRA 6r0 'Ll City Waterway: loxk R,vr County: &&t,1 Type Work: /uU /-e-- Mr. Ron Sechler National Marine Fisheries Service, NOAA Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Section - IV Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Pete Benjamin, Field Supervisor Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Commanding Officer United States Coast Guard Marine Safety Office 721 Medical Center Drive Suite 100 Wilmington, NC 28401 Gentlemen: Commanding Officer United States Coast Guard 431 Crawford Street Portsmouth, Virginia 23704 Without enclosures Mr. Doug Huggett Division of Coastal Management NC Dept of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 le/',t, /. lsYr i-tl fflgrelym,W Regional Office Division of Coastal anagement NC Department of Environment, Health and Natural Resources 'Zo „ H five, ra ow • , AAC, of OY 11 Mr. David Rackley National Marine Fisheries Service, NOAA 219 Forth Johnson Road Charleston, South Carolina 29412-9110 r� Pursuant to Action ED No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before — _ 7 -31-0 5 Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Enclosure jSin rely, �� % Henry icker, Project Manager Wilmington Regulatory Field Office 1 M DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO , ATTENTION OF1Pj July 12, 20051'UL 1 5 2005 Regulatory Division 5 Action ID No. 200500900 Larry Faison, Town Manager AkWn of Swansboro 502 Church Street Swansboro, North Carolina 28584 Dear Mr. Faison: Morehead City DCM On January 1, 2005, we renewed general permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your request to construct a 615' pedestrian walkway along the White Oak River, in Swansboro, Onslow County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should youconfirmation should you begin • Your application, pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers Harbors Act, has been assigned Action ID No. 200500900 will be coordinating your permit application with other Federal agencies. You may contact me at (910) 251-4930. Sincerely, Henry4ickcr Project Manager Wilmington Regulatory Field Office Enclosure Copies Furnished (without enclosure): Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557 Ms. Tere Barrett, District Manager Morehead City Regional Office ✓ North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557 '( ca Permit Class NEW to Town r Permit Number `. 112-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Authorizing development in Onslow County at White Oak River, Hwy 24, Swansboro as requested in the permittee's application (MP-1 and MP-2) dated 4/1/05 and (MP-3 and MP-4) dated 5116105 including the attached workolan drawings (3) dated 5/16/05 This permit, issued on September 6,, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may aUUJ��L LV iiuw, 1111AmUIULIUuL Vr owu acuuu; ur uiay cause me permtr ro oe nuu ana vota. Dockwalk 1) This permit authorizes only the dockwalk, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this dockwalk facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily without permit modification. (See attached sheets for Additional Conditions) this permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ✓ Ch es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Pr Town of Swansboro Permit #112-OS v Page 2 of 3 • �5 ADDITIONAL CONDITIONS 3) The Town of Swansboro shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons the permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction 0 , N. at� n xt�b e� rYJ ��{ ✓. nJGY r2. iA '{ti*i^(� 1r t1e 4.1"^r t �th+-} fty ,{ t k° x ., x 4='Sr't; i� nsfx' ti.'>,i f� �`� 'x'-0 i:t W t+ a. •ix 'cta 1sY-. tt'�:' U4laird Development 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. `f 0 "% Permit Class NEW Issued STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission V er M t for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 r Excavation a wan'sboro, 502 Church Str, Permit Number 112-05 ` Authorizing development in Onslow County at White Oak River, Hwy 24, Swansboro as requested in the permittee's application (MP-1 and MP-2) dated 4/1/05 and (MP-3 and MP-4) dated 5/16/05 including the attached workplan drawings (3) dated 5/16/05 This permit, issued on Centemher fi, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ,c ODUJU�L w 1111o6, ,uipubUmucur UI ctvu acuvu; or may cause the permtt to De, nun ano voia. Dockwalk 1) This permit authorizes only the dockwalk, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this dockwalk facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. ChatS. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Town of Swansboro Permit #112-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) The Town of Swansboro shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons the permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. . t Ua'Iarid Develoument ' �' _ { , 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. ,;e,vqt Permit Class Permit Number NEW 112-05 STATE OF NORTH CAROLINA Department of EnAronnient and Natural Resources and Coastal Resources Commission Vermtt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 f Excavation and/or filling pursuant to NCGS 113 229 kF f� � ° •� _ �� te^ v. i p. j v, e. t i y r 7 "o' �,w R r 1� f i nm ...r .Kt� % �,'%W Issued to Town of Swan"stioro, 502'Cliui ch Street Swansboro;lVC 28584 ` ' Authorizing development in Onslow County at White Oak River, Hwy 24, Swansboro , as requested in the permittee's application (MP-1 and MP-2) dated 4/1/05 and (MP-3 and MP-4) dated 5/16/05, including the attached workolan drawings (3) dated 5/16/05 This permit, issued on Sep tprnher 6, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockwalk 1) This permit authorizes only the dockwalk, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this dockwalk facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Cha es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Town of Swansboro Permit #112-05 Page 2 of 3 f. t ADDITIONAL CONDITIONS y s 3) The Town of Swansboro shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons the permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Permit Class Permit Number 'F NEW 112-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 _ Excavation arid/or filling ptusuanUto NCGS 113 229 Issued to Town of Swansboro. 502 Church Street. Swansboro. NC 28584 Authorizing development in Onslow County at White Oak River, Hwy 24, Swansboro as requested in the permittee's application (MP-1 and MP-2) dated 4/1/05 and (MP-3 and MP-4) dated 5/16/05, including the attached workplan drawings (3), dated 5/16/05 This permit, issued on September 6,2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockwalk 1) This permit authorizes only the dockwalk, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this dockwalk facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Chafles S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Town of Swansboro Permit #112-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) The Town of Swansboro shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons the permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed ;x immediately upon completion of construction.a 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. i w DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of Swansboro County: Onslow LOCATION OF PROJECT: West of the White Oak River Bridge on Swansboro town property along Hwy 24. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 05/19/05 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ryan Davenport DISTRICT OFFICE: Morehead\ DISTRICT MANAGER REVIEW: B) DATE APPLICATION RECEIVED IN RALEIGH: OamloS FEE RECD: $ �0 IM'z dc,�l PUBLIC NOTICE RECD: -Ot'laflo5 END OF NOTICE DATE: Owlelo 5 ADJ. RIP. PROP NOTICES RECD: DEED RECD: APPLICATION ASSIGNED TO: f old v ON: 6 ,/ 7 ,/D 5 C) 75 DAY DEADLINE: 0F/0Z10.5 150 DAY DEADLINE: /DA/101T MAIL OUT DATE: &,&P AS STATE DUE DATE: FEDERAL DUE DATE: 1-31- 6 � FED COMMENTS RECD: 9-1 '0 5 PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency - C�5 Division of Community Assistance Land Quality Section Division of Water Quality %'%7' I)s N v Lj O ( Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission -9L 3 — o S" Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) Permit Class Permit Number NEW 112-05 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 r Excavation and/or filling pursuant to NCGS 113 229 Issued to Town of Swan"sboro, 502 Church Street; Swansboro' NC 28584 "Ilk Authorizing development in Onslow County at White Oak River, Hwy 24, Swansboro , as requested in the permittee's application (MP-1 and MP-2)dated 4/l/05 and (MP-3 and MP-4) dated 5/16/05 including the attached workolan drawings (3) dated 5/16/05 This permit, issued on Septpmher 6, 2005 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockwalk 1) This permit authorizes only the dockwalk, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this dockwalk facility without permit modification. No non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification. 2) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily without permit modification. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2008 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. Ch es S. Jones, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Town of Swansboro ADDITIONAL CONDITIONS Permit #112-05 Page 2 of 3 3) The Town of Swansboro shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The Town is not relieved of this requirement if it abandons the =r permitted activity without having it transferred to a third party. 4) If the crossing of wetlands with mechanized construction equipment is necessary, temporary construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed immediately upon completion of construction. f `4 i L -e • t = Upland D6v61oDment M 5) This permit only authorizes the upland development that is shown on the attached workplan drawings and application forms. Any changes to the approved upland development may require a modification of this permit. 6) In accordance with commitments made by the permittee, a temporary silt fence shall be installed between the permitted land grading activity and the delineated wetlands and a permanent ground cover sufficient to restrain erosion shall be established within thirty (30) working days of project completion. General 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 9) The dockwalk and associated structures shall have a minimum setback distance of 15' feet between any parts of the structure and the adjacent property owner's riparian access corridor to the south. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. Ji- Form DCM-MP-i �, 9 APPLICATIONMAY ° 2 z°°5 (To be completed by all applicants) -, )ead City CCM b. City, town, community or landmark Swun.:horo 1. APPLICANT c. Street address or secondary road number Multiple properties along NC Highway 24 (see map) a. Landowner: Larry Faison, Town Manager d. Is proposed work within city limits or planning Name jurisdiction? X Yes No Address of Swansboro, 502 Church Street e. Name of body of water nearest project (e.g. river, City Swansboro state NC creek, sound, bay) %� hite Oak River Zip 28584 Day Phone (910)326-4428 Fax (910) 326-3101 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT b. Authorized Agent: Name Thomas S. Blue, PE, PLS a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and BLWI1271 Old Highway#I excavation and/or filling activities. , Address Boardwalk construction and associated landscapm, City Southern Pines stare NC C. Zip 28387 Day Phone (910)692-6461 Fax (910)692-8083 proj9d Dime Of any) Swansboro Dock Walk Phase 1 AVM.- Pernit wil! b< issued in mane of lmdo r(s), and/or projeer mane. 2. LOCATION OF PROPOSED PROJECT a. County ou.I'm b. Is the proposed activity maintenance of an existing project, new work, or both? iw%kktork c. Will the project be for public, private or commercial use? puhhe d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. see attached project description Revised 03M Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 0.82 Acres (Project Boundary) b. Size of individual lot(s) varies - 0.158-over 1.56 acres c. Approximate elevation of tract above MHW or NV& varies - see attached work plats d. Soil type(s) and texture(s) of tract Baymeade - Urban land complex (fine sands and mucks) e. Vegetation on tract lawn grass, various marsh grasses, various wetland trees and shrubs, ornamentals, kudzu f. Man-made features now on tract bulkheads, piers g. What is the CAMA Land Use Plan land classification of the site? (conrnrr the local land ase plan.) Conservation Transitional x Developed Community Rural Other h. How is the tract zoned by local government? B-2 (General Business) i. Is the proposed project consistent with the applicable zoning? x Yes No (Attach zoning compliance certificate, if applicable) j Has a professional done for the tract? If yes, by whom? - archaeological assessment been Yes X No k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligible property? Yes X No I. Are there wetlands on the site? x Yes _ No Coastal (marsh) x Other x Goal If yes, has a delineation been conducted? (Ameh docvaneruation, if available) 67 tF�� 5 MAY 0 2 2005 444 v m. Describe existing wasi"WC16towaoft n a n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) none o. Describe existing drinking water supply source. Town of Swansboro public water supply 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 r Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Slormwater Certification, if one is necessary. • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name see attached list of adjacent Address waterfront landowners Phone Name Address Phone Name Address Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC ha2ard notice for projects in oceanfront and inlet areas. • A statement or compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - I to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Rn p M, E - P) MAY 0 2 2005 Morehead City IDCft4 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the / day of A.21 Print Name f L FA t 5✓ -( Signature C' Landowner or Authorized Agent Please indicate attachments pertaining to your proposed project. X DCM MP-2 Excavation and Fill Information X DCM MP-3 Upland Development X DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts DCM MP-6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to he given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stebil"tion) Average RaM Exbdng Protect Length Width Depth Depth N/A N/A N'A N%n N/A N'A N/A NiA N/A NA VA N%A Nn -A ¢.. N n yin ` N,A N A N'n NiA MAY 0 2 2005 * Only garbage anw kIIremover m the project area to improve native ��1C%4e ov ccess of the project. All efforts will be employed to minimize substrate disturbance. 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards 0 cv b. Type of material to be excavated NA c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes X No d. Highground excavation in cubic yards I cy * (* see note above) 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area Swansboro public works 404 5th Street, Swansboro,, NC b. Dimensions of disposal area N/A c. Do you claim title to disposal area? x Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? X Yes _ No If yes, where? same off -site facility listed above Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? _ Yes \, No f. Does the disposal include any area in the water? Yes t No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N/A Bulkhead N/A Riprap b. Length NIA c. Average distance waterward of MHW or NWL N/A d. Maximum distance waterward of MHW or NWL N/A e. Shoreline erosion during preceding 12 months N/A (Sourer of information) f. Type of bulkhead or riprap material Nuns g. Amount of fill in cubic yards to be placed below water level (1) Riprap None (2) Bulkhead backfill None h. Type of fill material N/A i. Source of fill material � A 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? X Yes No MAY 0 2 2005 If yes, m�Ctf'i91 fib' ' &jJJ t GiM (1) Amount of water none (2) Dimensions of fill area Area where fill may be used is approximately 20'x200' (3) Purpose of fill Organic soil ammendment for planting will be used as needed b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? _ Yes t No If yes, (1) Dimensions of fill area N`A (2) Purpose of fill N' 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Silt fences, erosion control matting, sediment booms and vegetation will be maintained until all site grading work is complete. b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? A backhoe and hand tools will be used c. Will wetlands be cr,ssed in transporting equipment to project site? x Yes No If yes, explain steps that will be taken to lessen environmental impacts. Areas disturbed will be protected by silt fences, erosion control matting, sediment booms and disturbed areas will be replanted and access will be limited. Swansboro Dock Walk Project Phase 1 Aonikaat o ject Name �7 slgoatw / LJ Date Revised 03/95 DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed Dockwalk 550 LF (6'-8' wide) One viewing platform 14'xl Y(160 SF see workplat) b. Number of lots or parcels 4 existing parcels are adjacent to project c. Density (give the number of residential units and the units per acre) N/A d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 0.92 acres (project boundary area) for vegetation installation and piles e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No If yes, date submitted N,'A f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. No paved surfaces will be constructed for this project. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 0 percent Revised: as per site visit with Ryan Davenport on 05/1 1/2005 h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? Yes No If yes, date submitted N'A Describe proposed method of sewage disposal. N/A Have the facilities described received state or local approval? (Anach appropriate documentation) in Item i. above NiA it. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). This project will not provide any additional discharges. I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Water supply for one drinking fountain will be public system in. Will water be impounded? _ If yes, how many acres? N/A Yes X No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? N-A Swansboro Dock Walk Project Phase I Applicant or t Name sigoat Date Revised 03/95 Form DCM-MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) - DOCKWALK (1) _ Commercial X Community _ Private (2) Number 1 (3) Length 65 if b I S t f (4) Width 6-8 ft (5) Finger Piers Yes X No (i) Number n/a (ii) Length n/a (iii) Width n/a (6) Platform(s) _ Yes X No (i) Number n/a (ii) Length n/a (iii) Width n/a (7) Number of slips proposed none (8) Proximity of structure to adjacent riparian property lines varies - shown on work plats (9) Width of water body > 0.5 miles (10) Water depth at waterward end of pier at MLW or NWL Approximately 1.5' b. Boathouse (including covered lifts) (1) n/a Commercial n/a Private (2) Length ❑/a (3) Width n/a c. Groin (e.g. wood, sheetpile, etc.) (1) Number n/a (2) Length(s) n/a d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length n/a (2) Average distance from MHW, NWL or wetlands n/a (3) Maximum distance beyond MHW, NWL or wetlands n/a Revised: as per site visit with Ryan Davenport on 05/11/2005 e. Mooring buoys (1) n/a Commercial _Community _ Private (2) Number n/a (3) Description of buoy (Color, inscription, size, anchor, etc.) n/a (4) Width of water body n/a (5) Distance buoy(s) to be placed beyond shoreline n/a Mooring structure (boatlift, mooring pilings, etc.) (1) n/a Commercial _Community _ Private (2) Number n/a (3) Length n/a (4) Width n/a g. Other lave complete description) Dockwalk described in part (a) of this form is a wooden boardwalk that approximately parallels the White Oak River. Swansboro Dock Walk Phase 1 App at or ed Nam Dale Revised 03/95 AA NCDENR North Carolina Department of Environment and Natural Resources Michael F. Easley, Governor Division of Manne Fisheries Preston P. Pate Jr., Director William G. Ross Jr., Secretary MEMORANDUM TO: Doug Huggett Major Permits and Consistency Coordinator FROM: Mike Street 0�'') DATE: June 23, 2005 SUBJECT: CAMA/ DREDGE AND FILL PERMIT Tftn of Swansboro — Onslow County Attached is the Divisions' reply for the above referenced project. If you have any questions, please do not hesitate to contact me. MS/sw 3441 Arendell Street, P.O. Box 769, Morehead City, North Carolina 28557 Phone: 252 726-7021 \ FAX: 252 727-5127 \ Internet: www.ncdmf.net An Equal Opportunity / Affrmffiive Action Employer - 50 % Recycled 110% post Consumer Paper NorthCarolina Naturally 0-1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 7, 2005 MEMORANDUM: 'S TO: Mike Street JUN - 7 For Mr. Preston P. Pate, Jr., Director �;, r Division of Marine Fisheries D M F-H A F31 I AT _ FROM:. Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Swainsboro Project Location: Onslow County: West of the White Oak River Bridge along Hwy 24 on Swansboro town property. Proposed Project: The applicant proposes to construct a 615' pedestrian walkway and a 14' x 12' viewing platform on high ground along the White Oak River on the east side of town. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 28, 2005. If you have any questions regarding the proposed project, please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. '"' This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED Aml DATE 6 ;Z,i'Qrf 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper North Carolina Michael F. Easley, Governor June 7, 2005 MEMORANDUM: TO: Joe Henderson 1� AMA NCDENR Department of Environment and Natural Resources Division of Coastal Management Charles S. Jones, Director William G. Ross Jr., Secretary State Property Office FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Tewtrof Swansborrd' f JUN - 9 2005 i. Project Location: Onslow County: West of the White Oak River Bridge along Hwy 24 on Swansboro town property. Proposed Project: The applicant proposes to construct a 615' pedestrian walkway and a 14' x 12' viewing platform on high ground along the White Oak River on the east side of town. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 28, 2005. If you have any questions regarding the proposed project, please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: _This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED LWATE (4 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.necoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper 09/14/2001 $110.00 22 LI?�:1, pack TI. IPWI(Q'j„ EeeIN Tex i 8ralaa T" $ 110.00 Burvanuntick County —Register of Deeds Robert J. Rohirsson Inst #87887 Book 1 �47q0 09/14/2001 04:10:101m Rec# M93 Recording Time. Book and Page Tax Lot No. .......... ...... Parcel Identifier No. 250FC017 Verified by ...... _... .......... County on the .. _. _... day of _.......... __ .... by... ...... ............ __. .___ .._ .... __ ........... .............. Mail after recording to RO?m Fdwuds. P.A., 7201 E. Oak island Dr., Oak Island, NC 28465 ... ............. This instrument was prepared by Roger Lee Edwards, P.A., 7201E Oak Inland Dr, Oak Gland, NC 28465, ..... .,. Brief description for the Index LTS, BLKK, Yaupon Beach SID NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED nude this ._............. day of . .... _.............., _... _... _.............. by and between GRANTOR GRANTEE Tauwell Jamesway, Inc. Box 316 The Southwinds, Inc. Tazewell, VA 24630 700 Ocean Drive Oak Island, NC 28465 Enter In appropAsk black roe each Pn4: acme, address, and, B appropriate, ehaacter a( emily. e.e. oorpon0en or parts" bip The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in to simple, all that ". certain Island ain lot or parcel of land situated in the City of .. -- --- -"- - . - - Smithville Township, ` Bmncw ck County, North Carolina and more particularly described as follows: BEING 1. all of Lot 8, Block K of the Yaupon Bach Subdivision as shown on a map recorded in map Book 4, Page 40 in the Brunswick County Registry. MAY 2.5 ZW5 TO7AL �-:. REv1W DIVISION OF RECo_CKAMTk.- CK 7 COASTAL MANAGEMENT CASH — REF —.qv ►4ilir► N.C. Xer AOoe. Ia,ID Ya, l-r L leis. Xe�l,ea Iflt. NCBA WI Inst i B788-1 Book 1500Page: 471 ± City D, The proparty herainabove described was acquired by Grantor by instrument recorded in Book 709, Pale I86 A map showing the above described property is recorded in Plat Hook _. _.......... 4... .__.,.... I.. page ......... _40......... TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: 1. Easements and restrictions of record. �." jj�� '(� 'p 2. Ad Valorem Taxes. � fQ ; C E H \\ f F MAY 2 5 2005 DIVISION OF COASTAL MANAGEMENT ix wrsneab wucaso.. .. arid.. Me Meseta t his head and feel, Of If Carew.., bay au .a nua marumt to be slew W NaeCrw.. u e by I. CWY .uWorla.d efXery and 11 .el W be be, ... 1. aIfI..d by au0aruy of us Basle .1 BIeCWCA W dal Yd yCaC fYet Mw etlte.. Tazewell lamesway,loc. IasaL) (Corpora. N.N) z ♦ - T: f 1 i3c—011141.) DMilo --------------------------------------- pa 6t ... .........................aweuer feervorn eeW an '`.s(e``�e•n`jibltiu�'n':'f�, Noax6 C.BBUXw, _ _____________ _________________ceaatr.—Jp Cf4y the Ca a Newy dean. a us11 Hstaffastaff.fweW4 ..'guyfast -- ------- ---- -------------- yj.......................................................................................... .......... OmMr. ,x �Qw iJS 2, y1 O P.,.sess, bass., Ufa.. a the 6> fed aa:eorlNdee deal H.CptW al We IofeaeYa WwefeHL wlOal. W F' ___ _ . __ ____ ____ " CS :�?..�/I �`pd�C n Wd.ad eX1.W .Wrap er waL OW der a1 .. ................ la. saar.sa•.w 4 Vf V�,;......•.,eOd, s� na4 ... �. le Y> towaluloa .ae.u: Newry row 4. Naar, y.%W a W c y sad suW amewd. eeruy that Dorothy Kinder nraaaauy we Ufa" a. H. day and aCbnewtedged Wet --- 5 M u ___________________________ sw.taq a Jame ay, Tazewell ----- ---- Inc. ----------------------- - Naem Ca.atH ...per n.. bad dust by .aWauy easy glvH fed be IM at a W HHaeaWq W fwgaaa W..ammt wed Mixed be Us few by W __-- -- _______ ,..Meet..e feed IrksIW eorpalew .4 add a.esW by herself-- be W ........................... searebber• wlW. my Wdsea .Wp.a))W��. ay eaafe6elae e_ .. G. yfl, STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of VEDA B SHEETS Manaus abbe. Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this loth Dayof September 2001 in the Book and Page shown on the First Page hereof. /,7 I I p - ROBERTJ. RO INSON, Reghter f Deeds Rf.T I t;g914 _.ter RV -�. BY Deed Stamps $ Parcel # Aq'06;�'gy : P�Voe STATE OF NORTH CAROLINA ) P.rwrfrick i'cunLY..Re,_{ister of ri.:cd, Robxfft J. Robinson Utst 1222806 Book L908Paye 1.34 07/30/2004 02:24:05rm Rer.# l'1 / .i.,... .._.,..__ . 177 tit '; -:.N I RtIf ! 04T NORTH CAROLINA WARRANTY DEED COUNTY OFBRUNSWICK ) �//� TITLE NOT CERTIFIED BYPREPARER THIS WARRANTY DEED made this &—day ofJUNE, 2004 by and between SCOTT KING and BETTE KING (hereinafter referred to as the GRANTORS); AND SCOTT KING, single of 700 Ocean Drive, Oak Island, NC 28465 (hereinafter referred to as GRANTEE); The designation Grantor and Grantee as used here and shall include the parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by the context. WITNESSETH: The Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel ofland situated in the Smithville Township, Brunswick County, North Carolina and more particularly described as follows: EC�EHv MAY 2 5 2005 HID DIVISION OF COASTAL MANAGEMENT BEING all of Lots 9, 10, 11, 20, 21. 22 and 23, Block K, Section in Oak Island (f/k/a Yaupon Beach), Norm Carolina as shown on a map recorded in Map Book 4, Page 40 of the Brunswick County Registry. Derivation: Deed Book 1099. Page 539 AND BEGINNING at an iron pipe in the southern right of way of Ocean Highway of Yaupon Beach, North Carolina, said beginning point being located North 72°Wesl 52.31 feet along the southern right of way line of Ocean Drive Highway from its Intersection with the western right of way line of Keziah Street; from said beginning point running thence North 72°West 31.97 feel along the southern right ofway of Ocean Drive Highway to an iron pipe; thence South 18°West 114.98 feet to an iron pipe; thence continuing an th same line South 18°West approximately 13 feet to the high water line of the Atlantic Ocean; thence approximately South 72° East 31.97 feet along the high water line of the Atlantic Ocean to a point; thence North 18' East approximately 13 feet to an iron pipe; thence continuing In the same line North 18° East 113.89 feet to the point of beginning, being a portion of Lot 4, Block 6F of Yaupon Beach. Derivation Deed Book 1685, Page 635 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. The Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple , that title to such property Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title to this property against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. 4 Lteb 0 222806 Brxtk 190?,R1q,: 1.35 Title to the property described above is subject to the following exceptions: 1. Rights of ways for public utilities and public roads. 2. Easements and Restrictions of record. IN WITNESS WHEREOF, the Grantor has set their and seal the day and year first above written. 2 11:d RAN MAY 2 5 2005 Scott Kind (SEAL) �'D DIVISION OF COASTAL MANAGEMENT Bette King (SEAS) iE fa`` Statgof NORTH RO 1NA, Br nswick County. 'N 0 TA ; yam•:/�j( a Notary Public of the County aforesaid, ,x, . Ryan: comfy that Scott King, Grantor, personally appeared before me this day and •� n ? acknowledged the exec Won of the foregoing instrument. a�B L10;`q , _+ Witness my hand and official stamp or seal, th' day f JUNE 00 ,.qo.0 oN,"••, Nozary1public. My commission expires seal State of NORT� CCAAROLIN Brunswick County. LEE f'% , a Notary Public of the County aforesaid, ...,p certify tat Bette King, Grantor, personally appeared before me this day and "'T`''•;y9et acknowledged the execution of the foregoing instr/u_rpppt. I OTAqw 'd6 : N = Witness my hand and official stamp or seal, da JUN 0 94 B L I C; {,' Note ub ic. o My commission expires The foregoing Certfiwle(,)of is/are certified to be correct. This instrument and this certificate are duly registered at the date and time and in STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing(or annexed) Certificate(s) of ROGER LEE EDWARDS Notary(ies) Public is (are) Certified to be Correct. This Instrument was filed for Registration on this 30th Day of July 2004 in the Book and page shown on the First Page hereof. --11'' I // �SthDC� � &-' r<VBE T.I.RO INSON, Register of Deeds n / REV T f 0 REC# _CK AMTTa CK#ZY CASH _REF —By -A /Z- Tax Lot No. Bnntswj& County—Rer3ister of Deeds Robert 7. Robinson Ittst f217175 Book 1969Page 297 06/28/2004 03:02:33pm Recfi NQlr- IN EMMMMIEMMIM ■■.■■I"1111 Parcel Identifier No.: 250FC009 i Mail after recording to: AmeriEstate Legal Plan, Inc., 2151 Michelson, Suite 220. Irvine, CA 92612 This instrument prepared by: Law Offices of Mark T. Terrell, 100 B Eastwood Road. Wilmington, NC 28403 NORTH CAROLINA QUIT CLAIM DEED NO REVENUE. THIS DEED made this -) daw of GRANTOR W. THOMAS ADAMS and wife PATRICIA W ADAMS, ("Grantor;' whether one or more), of 220 CASWELL BEACH RD. CASWELL BEACH, NC 28465 by and between GRANTEE WILLIAM THOMAS ADAMS and PATRICIA WHIGHT ADAMS, Trustees, either of whom may act independently, as Co-T stees under Declaration of Trust dated Ll3-Q 4 known as the THE 14'. THOMASAND PATRICIA 10: ADAMS TRUST, with full power to sell, assign, exchange. transfer, convey. and encumber. THE W. THOMAS AND PATRICIA W. ADAMS TRUST, dated 220 CASWELL BEACH RD. CASWELL BEACH, NC 28465 The designation Grantor and Grantee as used herein shall include said panics, their heirs. successors, and assigns. and shall include singular, plural, masculine, feminine or neuter as required by context. W ITNESSETH, that the Grantor, forNO CONSIDERATION, hereby RF.AIISES, RELEASES, and QUITCLAIMS unto the Grantee, all that certain lot or Parcel of land situated in the City of YAUPON BEACH, Township of SMITHVILLE, BRUNSWICK County. NorthCarolina, and more particularly described a, follows: BEING ALL OF LOT"IW ELVE (12), BLOCK 'W', OF THE TOWN ON YAUPON BEACH AS SHO W N ON A M.4P OF SAID SUBDIVISION WHICH IS DULY RECORDED IN BOOK 4 OF MAPS AT PAGE 401N TI IE OI:rlC F OF TI IE REGISTER OF DEEDS OF BRUNS WICK COUNTY, NORTH CAROLINA; AND BEING TI IE SAME LANDS AS CONVEYED ROBF.RT1. GORDON AND WIFE, ELIZABETH E. GORDON, BY ROBERT SULLIVAN AND WIFE, FLORENCE SULLIVAN, BY DEED DATED MARCH 1959, AS THE SAME APPEARS OF RECORD IN BOOK 143 AT PAGE 6041N THE OFFICE OF THE REGISTER OF DEEDS OF BRUNSW ICK COUNTY. p EvE MAY 2, 5 2005 DIVISION OF COASTAL MANAGEMENT cy IMt 0 217175 Book 1969Pagee 298 DATED: -a-- 3 iLoa - W.THOMASADAMS PATRICIA W. ADAMS STATE OF NORTHCAROLINA ) County of C iK-IiAJ�S� ;55. On, ,5-3-txl,k�, before mcw�(c.L,�. Notary public personally appeared W. THOMAS ADAMS and PATRICIA W. ADAMS, known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) iS/are subscribed to within instrument and acknowledged to me that hetshe/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s) on this instrument the person(s) or the entity upon behalf of which person(s) acted, executed the instrument. (THIS AREA FOR OFFICIAL SO'I'ARlSTAMP) WITNESS my hand and official seal ; '%v P" �" r4iz// (.) FE92008 'DEN STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK The Foregoing (or annexed) Certificate(s) of SUSAN K WILLIAMS Notary(ies) Public is (are) Certified to be Correct 200A This Instrument was filed for Registration on this 28 th Day of June in the Book and page shown on the First Page hereof. ROBF.RT J. R1INSON, Register of Deeds E(OEHv MAY 2, 5 2005 .D DIVISION OF COASTAL MANAGEMENT :3 `i .r. Adjacent Riparian Landowners 1. Ravahan Developers Inc. P.O. Box 1588 Swansboro, NC 28584 2. NC DOT 105 Pastbrook Dr. Greenville, NC 27858 3. Robert K & Carolyn Meadows 210 Orange St. Beaufort, NC 28516 4. Nancy Bagley 4401 Coral Point Dr. Morehead City, NC 28557 Permanent Easements Revised: as per site visit with Ryan Davenport on 05/11/2005 Swann Harbour Owners Asc. also sent to 502 Main St. Unit 111 Swansboro, NC 28584 This project will be constructed over two properties not owned by the Town of Swansboro. Attached are descriptions of the permanent easements with authorization for the boardwalk construction. All permanent easements for this project are on file with the Register of deeds in Onslow County. 1. Plat Map for Swann Harbour Owners Asc. Recorded with the Onslow County Register of Deeds at 2:10 o'clock on the 21st day of January 2004. Recorded in Map Book 45 Page 207 Slide L-113. (see attached easement) 2. Deed of Easement from NCDOT to Town of Swansboro. Originally recorded with the Onslow County Register of Deeds at 11:20am on March 11, 2005 in Book 2407 Page 219-222. Because of a typographical error the easement was amended and recorded again with the Onslow County Register of Deeds at 10:28am on April 05, 2005 in Book 2421 Page 56-62. (see attached easement) Deed of Ownership 1. Deed of Ownership to Nancy J. Bagley and others. Recorded with the Onslow County Register of Deeds at 9:3lam on August 29, 1997 in Book 1393 Page 18. 2. Deed of Ownership to Robert Meadows and wife. Recorded with the Onslow County Register of Deeds at 3:21pm on September 7, 1995 in Book 1259 Page 789. 3. Deed of Ownership to the Town of Swansboro. Recorded with the Onslow County Register of Deeds at 3:50pm on March 11, 2002 in Book 1821 Page 307. 4. Deed of Ownership to the Town of Swansboro. Recorded with the Onslow County Register of Deeds at 11:00am on July 31, 1953 in Book 244 Page 263. ■ 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. 1. Article Addressed to: 5oa an &oansbbw, NO a?SZ4 A na X 13 Agent 13 Addresses B. eceNed bX (P�nted Name) C. Dge of Delivery ! D. t5 delivery address different t kn Item 1? U Ye; If YES, enter delivery address below: 0 No 3. Service Type ,70ertifled Mall ❑ Express Mali ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? tExfre Fee) ❑ yes 2. Article Number (Transfer fmm service label) 70 99 _3'/00gi 6 8/W 2&6 2 PS Form 3811, February 2004 Doinslk ReOun Receipt ■ Complete hems 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. 1. Article Addressed to: /VC DOT /�t�h-�: t�ugqh�ompsa� 3113 Nor-Nh Kerr Ave . Wilmington) Nc,as405 2. Article Number (Transfer hom service label) _ PS Forth 3811, February 2004 A X 1 44-1540 ❑ Agent by (Printed Nacre) ' ` I C. W W D�Y D. Is livery address different fromitem 1? ❑ yes it YES, enter delivery address below: E3 No I 3. Service Type frCertlfied Mail 13 Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extre Fee) ❑ Yes 7004 1160 0005 9260 6331 Domestic Return Receipt 10269802-W1tl40 MAY 0 2 2005 Morehead City DCM ■ Complete Hems 1, 2, and 3. Also complete A Signature item 4 if Restricted Delivery is desired. ��� X� ❑ ent ■ Print your name and address on the reverse �'rl➢'tiv _ u Addressee B. Received by (Printed Name) C. Date of Delivery so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. D. Is delivery add item 17 ❑Yes If YES, entivery eddre ❑ No 1. Article Addressed to: kt utKc1 h 1Yi0 &YvS m� s� I WO � � J APR 18 2005 &Wf�t, NC a,��� 3. � sP. ❑ Registered Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Eras Fee) ❑ Yes 2. Arline Number �aqq 31oa col (a g 130 (rians/er Iron service lebeq (�(o PS Form 3811, February 2004 Domestic Return Receipt 7ozsss-me-M-lseo ■ Complete items 1, 2, and 3. Also complete A. Signore - Rem 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ❑ Addressee so that we can return the card to you. IiArecelved by (P nfed Name) C. Date of Delivery I ■ Attach this card to the back of the mailpiece, s'?� V)� il. N AS2_ice or on the front if space permits. D. Is delivery address different from Item 1? ❑ Yea 1. Artk:le Addressed to: If YES, enter delivery address below: ❑ No RaVO M AVdOPtjr;SG. I 1 D . 4!•- 15 U V 3. Service Type 1 ` I ^t� Mf C 11fled Mall ❑ Express Mall C",// �G �7(� , 1t IC A.x 5� ❑ Registered ❑ Return Receipt for Merchandise ��fJL.I. V V1 VV 1'1 "1b wWW ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? Pft Fee) � ❑ Yeess 2. Article Number 70 Q 31 I o D O DI6 V 3 O 3�^f 9y (�rensfer from service label)` / Y� Ps Form 3811, February 2004 Domestic Return Recelpt 102596a2-M-1540 n7k MAY 0 2 2005 Morehead City DCM ■ 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. 1. Article Addressed to: hlar,cy e�'-( tN--e 44ot Ccx1�O�nt bx. KuyCYWeadCi+y(,S Nc-, Qo m7 A Signature[3 Agent 0 Addresses B. Received by (Pdn14dWame) "I C. Pate of Delivery 0. Is delivery address dHferent from Item 1? ❑ Yes 11 YES, enter delivery address below: ❑ No 3. Service Type M Certified Mall ❑ Express Mall ❑ Registered ❑ Return Receipt for Merctai i ❑ Insured Mall ❑ C.O.D. I 4. Restricted Delivery? (Extra Fee) ❑ we 2. Article Number 7004 1160 0005 9260 6379 (transfer from service label PS Form 3811, February 2004 Domestic Return Receipt 1 4A.15w i NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Town of Swansboro C/O Mr. Larry Fason 502 Church St. Swansboro, NC 28584 Dear Mr. Fason: June 6, 2005 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at the Swansboro town property along hwy. 24 just west of the White Oak river bridge. It was received on May 19, 2005 and appears to be adequate for processing at this time. The projected deadline for making a decision is August 1, 2005. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, . this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from May 19, 2005, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Ryan Davenport c astal Representative RD Enclosure cc: Doug Huggett Tere Barrett, District Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper H I ( 010 1 ?IA CAMA PERMIT C_7 PROJECT: PL COMMENTS ACCEPTED THROUGH APPLICANT: TC7 �.i v� 0 7 ✓ S�ir3t�J��riJ FOR FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: R\/,av, ORG-e�pot-t- C'L0 i]u /vl oYthe�� CJ1 -A) C 9�5 % e NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 7, 2005 MEMORANDUM: TO: Maureen Meehan, District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Swansboro Project Location: Onslow County: West of the White Oak River Bridge along Hwy 24 on Swansboro town property. Proposed Project: The applicant proposes to construct a 615' pedestrian walkway and a 14' x 12' viewing platform on high ground along the White Oak River on the east side of town. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 28, 2005VIf you have any questions regarding the proposed project, please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: \Z—) This office has no objection to the project as This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED / DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper ©�� w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary MEMORANDUM To: Doug Huggett, Major Permits Processing Coordinator From: Maureen Meehan Will, DCM Morehead City District Pima Date: June 23, 2005 Subject: Major Permit Application, Requested by the Town of Swansboro to construct a pedestrian walkway and viewing platform, on property located along Highway 24, adjacent to the White Oak River, Onslow County, North Carolina. LUP Consistency Determination: The proposal is Consistent With & Not in Conflict with the 1999 Town of Swansboro Land Use Plan certified by the CRC on January 29, 1999, provided that all applicable local, state, and federal development guidelines are met. Areas of Environmental Concern (AEC) impacted by the proposal include Estuarine Waters (EW) and Public Trust Area (PTA), Coastal Wetlands (CW), and Estuarine Shoreline (ES). The Waters at the project site are classified as SC and are closed to the harvesting of shellfish. The area is not a Primary Nursery Area. The Town of Swansboro Land Classification Map designates the subject property as developed with the subject AECs designated "Conservation". Development within the designated AECs is limited by CAMA regulations and development guidelines. Applicable or related policy includes the following: "The Town of Swansboro concurs with the CAMA 7H Use Standards for each of the Areas of Environmental Concern delineated below except that the town's policies concerning prohibiting marinas in primary nursery areas, not allowing floating homes, and not allowing drystack boat storage facilities are more restrictive than the CAMA standards. " (Section 3.220 Areas of Environmental Concern Policy, pg. 3-6) "Only those uses which are water dependend and cannot function elsewhere will be permitted in coastal welands consistent with the CAMA 7H management objective and use standards for coastal wetlands (15 NCAC 7H.0205) and local development regulations. (Section 3.221 Coastal Wetlands Policy, pg. 3-7) "The Town of Swansboro will seek to improve access to its waterways and shorelines as noted in previously outlined policy statements and enhance tourism and related development opportunities in the town." (Section 3.490 Coastal and Estuarine Water Beach Access Policy, pg. 3-17) Cc: Tere Barrett, Morehead City District Manager 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity\ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper t ANG-11AAA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 7, 2005 MEMORANDUM: 6�A � TO: A4ariaTripp Oleve CYi�ge.s�"✓ NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: 1%" of Swansboro Project Location: Onslow County: West of the White Oak River Bridge along Hwy 24 on Swansboro town property. Proposed Project: The applicant proposes to construct a 615' pedestrian walkway and a 14' x 12' viewing platform on high ground along the White Oak River on the east side of town. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 28, 2005. If you have any questions regarding the proposed project, please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: ✓ This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper It ® North Carolina Wildlife Resources Commission L Richard B. Hamilton, Executive Director MEMORANDUM TO: Doug Huggett, Major Permits Processing Coordinator Division of Coastal Management North Carolina Department of Environment and Natural Resources FROM: Steve Everhart, Southeast Coastal Region CoordinatorAi Habitat Conservation Section DATE: June 20, 2005 SUBJECT: CAMA Dredge/Fill Permit Application for Swansboro Riverwalk, Onslow County. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located west of the White Oak River Bridge along Hwy 24 on Swansboro town property. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to construct 615 ft. pedestrian walkway and a 14 x 12 ft. viewing platform on high ground along the White Oak River on the east side of town. The waters near the project area are classified SC by the Environmental Management Commission and is not designated a primary nursery area by the NC Division of Marine Fisheries (NCDMF). NCWRC has corresponded with NC Division of Marine Fisheries and does not object to the project as proposed. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (910) 796-7436. Mailing Address: Division of Inland Fisheries • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919)733-3633 • Fax: (919)715-7643 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 7, 2005 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Lee Padrick Division of Community Assistance Doug Huggett Major Permits Processing Coordinator . D JUN 9 �11 2005 Morehead City DCM CAMA/DREDGE & FILL Permit Application Review Town of Swansboro Project Location: Onslow County: West of the White Oak River Bridge along Hwy 24 on Swansboro town property. Proposed Project: The applicant proposed to construct a 615' pedestrian walkway and a 14' x 12' viewing platform on high ground along the White Oak River on the east side of town. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 28, 2005. If you have any questions regarding the proposed project, please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. L/This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 6''9'0s 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer— 50% Recycled 110% Post Consumer Paper NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary June 7, 2005 Morehead Gity UCM MEMORANDUM: / MM TO: Patti FowlerShellfish Sanitation HIM FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Swansboro Project Location: Onslow County: West of the White Oak River Bridge along Hwy 24 on Swansboro town property. Proposed Project: The applicant proposes to construct a 615' pedestrian walkway and a 14' x 12' viewing platform on high ground along the White Oak River on the east side of town. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 28, 2005. If you have any questions regarding the proposed project, please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This office has no objection to the project as proposed. `1 This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. ,( - v SIGNED " "41 t '" 1 DATE 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper l� © 60 f NCDENR North Carolina Department of Environment and Natural Res Division of Coastal Management �t'Itt✓`wt� C'Ity D C M Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., secretary June 7, 2005 MEMORANDUM: TO: Mr. Dan Sams For Mr. James Simmons Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Swansboro"' Project Location: Onslow County: West of the White Oak River Bridge along Hwy 24 on Swansboro town property. Proposed Project: The applicant proposes to construct a 615' pedestrian walkway and a 14' x 12' viewing platform on high ground along the White Oak River on the east side of town. The Town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park. Please indicate below your agency's position or viewpoint on the proposed project and return this form by June 28, 2005. If you have any questions regarding the proposed project, please contact Ryan Davenport at (252) 808-2808. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. %t *� IVIA I sei:ca of b11 s cfcecds e� actt aos a i s�J:,.,.. owb.l Pta+- This agency objects to the project for reasohs described in the attached comments. �ppt �i�a Lpprt vat ,5 II SIGNED DATE �oai rot 2o�rj 400 ommerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX: 252.247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action EmolOver - 50% Rervdad 1 100 Pnat rnncumar PAnPr Appended: as per site visit with Ryan Davenport on 05/11/2005 states, Taa No TITLE EXAMINATION PERFORMED 18 THIS To 1 42-1 1�7 1 Tax Lot No . . .. ... ..... Parcel Identifier No. Verifild ll, G by eunty on the day of 19 Hall aftsur recording to This instrument we. Prepared by Brief description for the Index NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this C251f"- day of -August 19 97.byend between GRANTOR GRANTEE S. E. JONES, JR. and Wife, ELSIE P. JONES; NANCY J. BAGLEY; SUSAN J. CASPER and LINDA J. MINERI (also known as Seth Edward Jones, each a one-third undivided Jr.) interact/ yye/ co'-'44 ' '0*'/�& _2J'TS7 Eat. in .1prophal. week 1w seek meac. .4dreek end, U APP-Pelsal. eNneur of 9MULY, aa corporation ae parlmnau,. The designation Grantor end GrAnte- -3 used herein she][ include said parties, their hein, success... and ..sign., and -bell Include Bingl plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee. the receipt of which Is hereby Acknowledged. has and by these PI-1-nte does grant, bargain, soil and convey 'It- the Grantee in Ise simple, all that Certain lot or parcel of land situated in the City of• Swaraboro Township, Onslow County. North Carolina and more Particularly described .. SEE ATTACHED SCHEDULE FOR DESCRIPTION Me. "I A. I.e. Is. r p Im', M.usa Appended: as per site visit with Ryan Davenport on 05/11/2005 eeoll=nst 19 The ProPexy herolnab re, dnscr{bed wet seeuirod by Grantor by Instrument recorded In ........ ................. ....._ ., Beek 217,...Fage 114 .................... A map showing the above dxeribed property le em,,i i In Plat Book TO HAVE ABD TO HOLD the aforesaid lot or pare the Grantee in fee tlmple. Parcel of land and all privileges and appurtenances (hereto belonging to And the Grantor covenants with the Gnn14, that Grantor Is Seized of the premises In fee simple, Au the right to eonvq the Mena to fro xmpla, that title is markxable and free end x"r of ell m<umbran<ae, and that Grantor will warrant and aebnd the tit] against the lawful claims of HI Parsons whnm4ewr as Title to the property ►eeelnabore described b --him to the following axe," for hereinafter stated. All Liens and encumbrances of record. w rRflpY "sooner. W Draw Yr Y ' YW m wN. « u e«wrsrr tNYt Y,Yr4, ~'> .me1Y1. NMw W Ib4Y 4 M Mrvrl. NY.N y ..Y«nr burl M YYee. « S. z JO r R. N Ye hSEAL Y1w W • Imenw•.e i .4 4 .......................... r. IC4Y4aY Haney Jenea Beg y, al, Jr. 4i •••-••---••••-•-•••. •...---.. a for Seth Edward Jones, rE JONEB .................:.......new PDDA�� wgnar, s S •••••••••........... ..••....eN4Y1Y 1CNVWaY Y«11 .............................................................IMAO m1 AW... .... :. NOs/N QAeouN& .---Carteret---------------eruY. Nwq ryNY N W CwnY ..a 8Y4 NvwK ..Y> Is.l ..E1e18.P-..Jotted.... i...... .. ... ... ----• •'y' J ! MlrrtNr .NueN MM1n q YY 4/�Y aM uYwMet4 t4..ruts es4. I..., YNnwIYI wlWu q ........: j Y4.4 NMW wwY ..nL YY p{S. MIN .ABg _'�. �. ..-. Yq n.www •.Nw . lti-/.y-.t .L.LYrwY/ NOYiN CA.K..A . ........... r. a NN.rr MYM N la. CW." W YYt. .rape.... erNp mY ............................... wnlun> nn. Yeten •••....• . IYY Iq .4 NYMNIt4 Wt . 4 N .. ........... .Yr•e.p N r �' ..••.••••..•••.-•---•--•-•-••• ...... aNenkC1,wr,..w.alW. sad WI Yr 41Y.nll aulr Inq .M n N. 41 N tY. InrY.nelx. W [xgWY 4Nb4.Y ..eased 4 ft.. N W .....-.-... yeN•Yw. YJe1 .W N. IeIN..4 uN .4.Yn.. b ........... N No .. ................... YnnWy. j wN.•u w> "ad W NI4W .WY w ..K tlY .-b x ..--.... CNY eMw1YW «N .. ........... .. ...... ... ............... ............. NWrI anatr rY. M1rvwW c.wwWoo, .... Cagy--L---BSLiard...................... .....—......................................................................... ............................ I ry I•.Ne. 4 M wn4Y fYY Y •ge - o ••• ••. - .-...... q•�A•)111./4/J yLt Sq• w .4 OY ...YNmY ye .p/ Y.gyM 4 W 4M .41W ..e 4 W \eeY ... ey. IY.w. .. W 4. ................agasru n/ urea rw-...--... - ....-..-.......-.-conlln .......................................a.rar/wNYYu. usw. r are at WAW remM ao weltM1eK t g., 4•MM br.«•..n w1 Nc er YYn prl.aNNiYr9. M. PO M. eNx.lYilpn NC rley Appended: as per site visit with Ryan Davenport on 05/11/2005 ''a'�1��P��E 2� SCHEDULE A TRACT NUMBER 1, Beginning at the corner of James Midgett lot on public road leading to Swansboro and running a northwest direction with road 192 feet to an iron stake on Eattie Midgett corner; thence an easterly direction with Rattie Midgett line 148 feet to an iron stake to the Pittman line; thence a southeast direction with the Pittman line 192 feet to James Midgett corner; thence a westerly direction with James Midgett line 148 feet to an iron stake in the Pittman line; thence a Southeast direction with the Pittman line 192 feet to James Midgett corner; thence a westerly direction with James Midgett line 148 feet to the public road leading to Swansboro, the beginning. 0 +S-Y.i olil--1 Beginning at a marked black gum tree on John W. Woodhill and Pittman line; running a southwest direction with John Pittman line 1S7 feet; thence 140 feet a northwest direction with John Pittman line; thence 100 feet a northeast direction with John Pittman line; thence a northwest direction with John Pittman line to New Harmonie road; thence a northeast direction with New Harmonie road to R. W. Freeman line; thence with R. W. Freeman line to White Oak River to John W. Woodhill line; thence with John W. woodhill line back to a black gum tree to the beginning, containing 18 acres more or less. Beginning at S. H. Jones corner on the public road leading to Swansboro, and running east 140 feet; thence north 32 degrees west, 120 feet to an iron stake; thence a southwestwardly direction to the public road; thence a south direction back to the beginning. TRACT NUMBER 4, Beginning at the corner of John Dudleys back line and running a north direction 100 feet to a stake; thence east 60 feet; thence south 100 feet to a stake; thence west 60 feet to the beginning. It being the same piece of land deeded to Mrs. R. L. Williams by J. A. Pittman.. WL'id .P n Beginning at astake and running westwardly 105 feet to the corner of S. H. Jones' fence; thence with said Jones' fence a southward direction 154 feet; thence an eastwardly direction with said Jones' fence to a Sweet Gum tree at S. H. Jones' line, thence with S. H. Jones' fence a northward direction 172 feet to the beginning. It being part of the land purchased from George Hornbecker by Dr. J. P. Corbett, and also the parcel of land conveyed to Thelma ward by H. P. Wessel by deed dated November 5, 1936 and recorded in the Register of Deeds Office of Onslow County. Appended: as per site visit with Ryan Davenport on 05/11/2005 enol 9 pw 21 TRACT NUMBER 6, Lying and being in Onslow, County, Swansboro Township, and known as a part of the J. A. Pittman estate, adjoining the lands of R. W. Freeman on the north as entering the Tovm of Swansboro, and on the east by the lands of Mrs. J. W. Woodhull, and on the south �. by S. E. Jones land to the Mount Pleasant Road, thence across said road until it reaches the land of Dr. F. M. Blount on the west containing twenty-five acres, more or lees, riis is to convey all right, title and interest that the above parties have in the woods lands and farm lands of J. A. Pittman estate. The burial grounds and the right of ingress and agrees to same is hereby excepted. There is granted herein a Life Estate in all of the above described tracts to the grantor, Seth S. Jones, Jr. FIX/6-916y.2 8-26.9! Appended: as per site visit with Ryan Davenport on 05/11/2005 .8me1393pa 22 STATE OF NORTH CAROLINA COUNTY OF CARTERET I, CATHY L. BALLARD, a notary public of the aforesaid State and County do hereby certify that NANCY JONES BAGLEY, Attorney -in -Pact for SETA EDWARD JONES, JR., personally appeared before me this day, and being by me duly sworn says that she executed the foregoing document for and in behalf of SETH EDWARD. JONES, JR., and that her authority to execute and acknowledge said instrument is contained in an instrument duly executed, acknowledged, and recorded in the Office of the Register of Deeds Of OBalOw County, North Carolina, in Book 1377, Page 72, and that this instrument was executed under and by virtue of the authority given by said instrument giving her power of attorney; and that she acknowledged the due execution of the foregoing instrument for the Purposes therein expressed. Witness my hand and notarial seal this day of August, 1997. Ny commission expires: YOM GAmalA a,uw ram Cathy L. Ballard n•M,W rWbl+la- - h Y 1" w AQ r M ..nL bn n w .A Iw n tua,. W" Alb h 9w 1393 f.p lR M 29th IV, e„y,.a. x D.Y. •w.. io,.�wr4p .,M,,, ye„� '1 � Appended: as per site visit with Ryan Davenport on 05/11/2005 0 BOOK 1251V' n E '69 I7'I__?-7 fI13:_1 belle Tar SO•GG I Rae I., Tmr. Boos nN h Tax Nat No . ........... .. ........ ...... ... .. ..... .............. .. Parcel IdenllAer Na 1503,-11........................._..._.._...... Verified by _._...___.._..__._._..--.—•----__.-.--.._couner on the, ._._............. , day of .............. _..... __._......... I9..._.._... Hail after reaudinir to.._ROURT R. MGDONS 21_0ORANGE BTREE'{e BEAUPORT,, NC 2B516 This Instrument was prepared by RICNAM L STANLBY,,,.. 113 iU11NEP BTABETr.BEAVPORTn_-.NC,.,,..]BS36 Brief description for the Index LM 33, FLU W RNM5 NORTH CAROLINA GENERAL WARRANTY DEFD THIS DEED Nude GRANTOR JANES r. KEADONS and Wife, AMBER O. MADOM of......_-_...___........ ------ .--- BBP!; F._, 1895.,,,.„., by and between GRAN'CEE ROBERT K. MEADOWS and Wife, CAROLYN H. HKADOWS Nnln la aRnpinlr Nate far ..%Wlr: -ewe, ado... and, 11 gPeP6M, eA.grler el enllrr, c! rerMrnlNn x "'.weAlr. The ikoigi ,tion Grout., and Grantee 11 used heroin ebell --elude said Farlie.. their h..... .uaeTaon, and s.rigns, and .bell tnelude rinl hi,, plard. muculin<. /eminine or neuler As required by contest. WITNESSETH, that the Grantor. for a valuable cnneideraom paid by the Grantee, the receipt of which Is hereby Acknowledged, has and by these pre...0 does Brest. barlsln...]I and rare, unto the Grantee in fee aimDla, .II that cerbin lot or Forest of land situated in the City of,___ .... .....SNANSBORO SWANSBORO . ..--4N£FGN. ......_.........__.... C... 11. North Catalina and more pnrtirulurly descnbed se follow.: TOWN OF SNANSBOW, ONSLOW COUNTY, BEGINNING AT THE CORNER OF THE N.X. PINER'S HEIRS LINE AND RUNNING THENCE NORTHNARGLY WITH SAID PINED LOT 157.00 FEETI THENCE EASTERLY 120 FEET TO THE UNITE OAK RIVER, THENCE SOUTHWARDLY ALONG A PARKLELL LINE 1S7 PERT TO ZLX STREET, THENCE WITH Ell STREET 120.00 FEET TO In BEGINNING, AND BEING SHOWN AS LOT 33 IN THE PLAN OF THE TGWN Or SWANSBOW, BRING THE SAME PROPERTY CONVEYED IN BOOK 208, PAGE Sel AND BOOK 677, PAGE 349, GNSLON COUNTY REGISTRY. JAMS r. MEADOWS ROD ROBERT R. MMOM OWN THE ABOVE DESCRIBED LOT AS TENANTS IN COMMON AS rTO A ONFHALr UNDIVIDED INTEREST EACH, THE PURPOSE OF THIS DREG IS TO TRANSFER GRANTOR'S 50% UNDIVIDED INTEREST IN THE SUBJBCI PROPERTY TO GRANTEES AS TENANTS BY THE ENTIRETY. Z.C, BOB AB iatiM VOM NO. L-1, a 1976, Revleed 0 1977 S(AU) , }���� `e. te.rr. W Wy SPY ]alsaw.wa at Wrwe.. 4r. pr M � ( li Appended: as per site visit with Ryan BOOK 12;j ey P1ri 90 Davenport on 05/11/2005 no Pro MY MYIa•kYa described was Required by Greater br tastrumst "merged In A beep -heel- the have described propaN7 Is recorded 1. I TO HAVE AND TO HOLD the aforeraid lot or parcel of lead and .II privileges and appurtenances thereto bebeglq is I the Great" in fee simple. And the Grantor mven.m. with the Gnnlee. that 6nntnr le inland of the premises in far simple, hay the ri,bt W "rest the Yme in fee simple, that title Is marketable and free and clear of all encumbrances, and that Granter will warraat and defend the title .,.lost the I.wful rlaims of .11 perm-- whom.oever..... t far the esesptiana h... in.fter stated. Title to the propertY hereinabove demHbed le subject m the following exception,: Casements and Restrictions of record. 1995 ad valorem taxes. b wwfwY4 wwYW. W pYNw W MnWe M \Y WNY L .r..I W n...Y. urn Ywwwe.e w eyWr1Y MI w y W Cmr ael\YYN .aYM aY W YY M M NrNaN am. \, MpMI, N be •Yet • W .wd ....... .......... ... .... (rYesrm w.rl ................. .1 •...••...... .............. Y.A@F. MEADOWS •n........................................................... d - AMCCn O. MEADOWS .............ILsuJ alas". Y % .........................................................IaYY ............................LxnYrY lC.rN.aY NY1 q :+ ......... ._. .. . .............................MAW LYN}YY woaew ea\OYxl ..........OMBflplf. �p}INMA.fexMn 3 L . way.., r.LIY M IW CeW, .Y Wle J.reY11...nllr YN �uug �• IUADDr}_,*�-tljx}A- W1RVMl.IOLL� tIMFiA.Q,.J!AlADw14__.._..................................... a.r.. MslerygdC�/Ay nest" .eorwd er.Y aw ash my an4 .eMwINCN W nNulY M W Inr,Yy Y.I..Ye b Bonn, as, O„elYlog Yl EatiM 0. rayy.ae NMI.I IYwe x .NL Y6I.RY.. Yr N �(.. .. ......... UB �IIIY.MIe•1lr�YY.RA •.M/ �y.�Ot�tllt .y....x. .i.. r,.wmbkbb..'f+n-6110..1Aooa.............. ..t.l\N.-..t. �Vi}A`t4.e. Itwer e.w. Z"AYr MO.rw CA•G..A............. ...................... CwN,. L a wN.n IaN4 rf Ya reYU W NN. a1w.MC. own, WI .. _........................ a.mY r thin w W reYN.y.a W, .... y Y .................'—....... w by • ........... ••... •••••_•----------------- .. N.w\ ra.Nlu .MI•.NY.. NC W, b, .aW.wr dad,CM. W Y W M r May,ee,,boul., theIe,.rybL I..,nwrN wn ,IIaN 1. W Yw. byY. ...... ur -WaA6...MC with W M MI W sawYe y ........... by Y ........................... eepWrr. was... wr yet W er1YY wu, Y see. tlY .w Y rrNrwl.,l.w..N.N............................................................................ wela.e some e.. bnPY. hwIMN.4e r ............................. j "11YtA.L—..1wYid--- _.............. I. ............... .... _................... QyJe/pwrY/l�eW'f[I1n�w�..N�dale IW eMtl4m. ere mtr we1.p.N N wr 4t. .nC n.. ,N Y W era a.e ryr M. w W J...............my.Nen or assay roan...... _ _ .. .... ..bYYer V.C. ear Association gores wo. L-1, a 1999, Revised a 191r v ,N. w.r,.. ,n ... e....a.,...1,—,. Y..., �Ofth7) i tv- Appended: as per site visit with Ryan Davenport on 05/11/2005 SATM9AtT1ON: Tl,r deM M<ugd M 1M wahln DMdd T,ux hN VRh dI!"We"I W""Aa I A 6, ha, I99n „ax9a in lull. TAsdW_dryd 19_ L611Ld: 1259PAGE 791 T.Lm Nw Flm,fldMMn No.. 1dOR—1 l WNAadbl ONSLOW Cwxl•w1M_da9o1 ,19_ A AWx aRw M<odwlW JAMS P. KEADOMS, 1310 AM STREET, MAMMA NC 28516 IM WAr,w,n gRPENd 6Y RICXARD L. ST',=Y, 113 TO R BYPASS, BERU9'ORT, NC 28516 ELY STREET, SAMAHNBRO, RE NORTH CAROLINA DEED OF TRUST TMSDIIDy1TRU5T—*lhnlRt davnl BPptemeter 1995. UvaM hMw.en' GMNTOR RMERT E. NE10W5 eM v11q CAROLYN H. MEADOWS 210 ORANGE STREET BEAUFORT, NC 28516 TRUSTEE RICHARD L. STANLEY 113 TURNER STREET BEAUFORT, NC 28516 BENEFICIARY JAMES F. HE11DOh,S AND WIFE, AMBER O. MEADOWS 1310 ANN STREAT BERU9ORT, NC 28516 [rMr in apq°pri/It hNxk b,.h N" II,NN, is ,M .M. n 1pn•nMVII. <I,Ya<WI d IMpY. ! A- <wpdalgn w rynn9rin.y AM dwAwlmn Gramw, Tuxee. aM Be,wlxuN+L uW henm,n.11 intlude up wnln, lnd hrvn. ,ua<.Lxx,, aM awNnr. aM Indl,MwM vnw4r, dual. m.Wunne. Irr,nnine w negr, a, re9w,M by <oMW. WITNISSETM. TMI whm9nlhe GlamurnmdnNMw M•IenMxu,v mine ynncplNund Flfty TWO TBOusdnd Five Hund[sd end--- 00/100 - DNIEN I4 �.... 52,500.00 1. N rvd.n<M 69 a PNmiNnn NM. d e,AS d W. hlr.w,lh IM 1Mm, d whxh aM ,M9rprnM hrvrvn by reler9Mr Ihn hwI dw d°e M ryYm.q tl ud F,o,nnlwYNM.d„yl Wynn wd.n LpEP PROMISSORY NOTF. NLA9. TMRIFMJ At wnu"N WN Wd ,nd.NMM adraM9me,x1 aM MhM wm, ..neMnd by B.,,rve u,Y w,waM m M., U,ed d Truv aM <ow, d <eMbanIMIWmAanwmy,IMa, nnrvUM•nIM{'romnvwyNMIaMMhn valwEle<m9dnatgn. the ra<rvq MwR<n .,hn a<Ymw1MAM. Re Gum°r ha, 6a.winM. ,yld. Ines FaMM aM <m,evM aM doeL bT Ihy V9fe,v, M9H,n. WI:. Ane. paN a„d [onoev In Wd TnMN. nd hrvm, q Wf<r°nn. aM nxSm.IMwrcNbldlaM uwlMmlM GIYq S[IANSBOND SNANSBORO T°wmn,o, ONSLLNE CwMY.NgIn Carohw,llM'hemVi'IaM mercwn.<d.rlr deu.rMle, lolbwa TOWN OF SWANSBORO, ONSLOW COUNTY BEGINNING AT THE CORNER OF THE W.H. FIBER'S HEIRS LINE AND RUNNING THENCE NORTHWARDLY WITH SAID FINER LOT 151.00 FEET; THENCE EASTERLY 120.00 FEET TO THE WHITE OAR RIVER, THENCE SOUTHWARDLY ALONG A PARALELL LINE 157.00 FEET TO ELM STREET, THENCE WITH ELM STREET 120.00 FEET TO THE BEGINNING, AND BEING KNOWN AS LOT 33 IN THE PLAN OF THE TOWN OF SWANSBOROI BEING THE SANE PROPERTY CONVEYED IN BOOK 208, PAGE 541, AND BOOK 667, PAGE 349, ONSLOW COUNTY REGISTRY. M11.. . AR A-. IOEa NoSr.. °a`19]6`, RS91RRd ° BRptaa0 re1995 (,��}'��� •... y�W4 elY,neeA, e`7,. r.tif. r,.• Appended: as per site visit with Ryan Davenport on 05/11/2005 BOOK 1259PAGE 792 EXHIBIT h Paragraph 12. Substitution of Collateral. The Note secured by this Deed of Trust expressly prohibits prepayment of said indebtedness end provides for a penalty in the amount of the entire interest which would accrue from the date of prepayment through the due date of the final installment. However, Grantor shell be entitled to substitute collateral of approximately equivalent value and obtain a release of the real property described herein from the Trustee and Beneficiary. Grantor may either substitute herein as collateral other real property having a fair market value equal to or superior to the unpaid balance of principal and interest on the Note securing this Deed of Trust, or may substitute Certificate: of Deposit, securities or other personal property. upon mutual agreement as to the substitution of collateral, Beneficiary agrees to release the reel property described herein from the lien of this Deed of Trust, and Grantor or the then current owner of said real property shall be obligated to continue to make the monthly installments in accordance with the terms and conditions of said Promissory Note. Appended: * per site visit with Ryan BOOK 12 59 PAGE 793 Davenport onQS/�1C2ADsr„PWrw.mawrPWAPrwwNrmN.M1NFw,Yw.,rwNrw« wrY.w.TwNNN«w,W,Wb,W i IwrvNr. w M. M vw •w-r anr...M��i rox ywn n wun wv la.rlrw-M rww, r,rwT4N WY NinrlaanYaMrh ra.aWr.ah.rrrly.Wrw«r-rI. \\ harwwMy Mr,T.Wxx«Y.rn.rYnwh Yn4ary 4rsrMPn4vI�r, _ r.�FY�r^w-wx�v-n-w�wna-rx F7w Nw.ww.MYTr �InPrwyw .Lav«.YnOMMw,waYF4 �Mymw Mnr. u<mkwrWu M4W rMTw MN+M«aM.wwnfin.wTw.�MNam Ma4wl NnrMIaRIN nrf4H.(Marr.w WNA�N.vrWwvwYyw.NxwytlMrlrun Y.arµ YwW WavuwyYnaf NNwhawrwarneyw TYa.NYYwvw I °laW P.r4Y�W/wrw«rwr..W.nme.r..nmw.n.�w-vwM.nswWuy.w wwaw,ww W.AnN.w 4.M gwNnlnn IYN.AW1MnYn (wYLlt L«w� WIMIIrr nv.w+..lrNgr.xTr41r,YI. Y.u4ynY W Iwwa.wAr W W INalM rMT✓.M F hrwia YLr.r` w rNP'.n.�.wr Pia r.w:"'rr.Ww.�",....r'MamwaY rMTw wwTN�w.WN..nr..r MraYN.NNwYIwhYwwawNNw prr,Ya W :a"°iW.M`rinn�T.n «"OY+w :fi.°!'Yri:. r�n.Zi� wwi.N�nrwrw «�n.Y:..WY.^nNla�slnw�w �e «alr�`h +'n:lsr'Niiw«:w Y+w. W�rn��4i� hMrLW wwMati mM1vw.rrlh M.rTMM�w�irivnwrN vy.MwwN �IwM1 TrM«uw aYra M.TrMwMLw«.nTn I�Wnw MwAWNrM waiwnM wM�Tw•r+lawr Pr~uMrTw WeurYrwnNr.ns.�uwlL wrrW N.NrIa Wa.Irs.W uNNanTnlwl • (AAvrYM uNww Y.nwa,wNM1.ww.Mr� Wwvra W W.wYrNsw.MwwwNnw 6wNMY�.-��Irn.rw..w.rFNa4un W M W M,W «rarµ«v�ww,Naw NNYM�w•� iY„� u�.W.n�M.nraTwr�Tnw�ril�Tr�fn✓�wYWN��n+.vn xwM�rw rw.�.wi G.�wFY w(YYN(hI WMwf hrlWwMMrYn.snP'wvMwin.wwrwT VNNf.«I, inrnM�vilwf rbhPw,rws./wr�Y..r�w�nw WrerrprllYwnYPrn. aAw�«MAr.NNmT� [aeae«nte and Re.trictlonR of rRCerd. 1995 Ad «LLor«w tax.*. YNY.......+...n.a.nw..ul.N •rh,wY.W.wwM1..,,N W.w ��Nr. wwr«.ti..`w:+�i I.IYMI. LM1I ne( nAl. YM(9 Im RIX. (O IMI ll(( MAFLNd Mm YMf1Y(( n �r,wrnWwMvw4rM.nr,YwwYwM rn nim.nrr..we.nrr vnyrnrwl.n. w..oa.aahla.rnn4.a.. Mw �rti .._mow �w Il TwnWMlr MwalM.1a+w -a.,rl eNn xr M1W�n.Y-a.nv«ww.,. a nY�r�•wwwl.m l.w n.4ri. ...i..r.n.. -..a wll(M KII(Ir wNwIwYN T^v nir+v �n,«w~ WwNN �w _ _ rNlyw.. a. wn.Nlr m wlL.vya. N YwM1`vwwvNm�.IF.e ��. i.rWYuiwnu li • NO( �11M 0.Mv Wn M1 ww.n.....aaani x..M m I Ynwwal k brA r In+.. a..wF.w+I' �waYP flMll MavT. n q1r( IIIMI SEE EENIBIT A ATTACHED REGARDING OUBBTITUTIM OF COL ATERAL �Iawi W wr o.we. Iwr.lw..�w ivw:W .w w • •••T.......uw�.. ...wT..I..wI.. nrl.... rw.m r.mrNwnw..arn W. wnn.N+uwr.wn C%//.¢d6OWQ/ ISfAu k f T I. �$ 'dam N. MEADONS UFAu AFTER E IS[All $.." Km" 5FM1 NUII SEAL -STAMP N04TII CARUUNA, Coudv. IaNdary WM¢o4hNCoumnMwne abrewa,<MMIMI ROBERT E. MEADOWS end wlfer CAROLYN MARLYNLGMXQ H. MEADOWS Mdury RliELt EYM a�RGna n _ u+ww. nay +ope+rtd AMnv�� Ihn day +<SnowkdsA Wenw my wM.M OuYMMd 9 CRnMR1 I wamO P wal. IM yA= day d LAB. 19 93 EdRMIYMEi11�.ARIR 7000 WAL,STAYP N(RITH CAR(AWA, cdl a, I.. Ygny"K d",yc My am q/w ab 4. C'.ka. __ w pNgnally appyary bflure mflM MyaM a<Yw«kdpolhal_Mn Se[r1eMW ■E allonh C-11N cdp xbq.M Ihal MMh.1.11 duM ' ■ RnM aM a.m+fld,he<mpaertiT.MbrepmRlndrumry walmyNmw NmeM4 D YINdM. wNfdrnM1 dl[gyONNwal andMWldM_afe Mcm". Wnlm my hAM aM MM1<YI Mmo P-1 mb_day er .19 TMbwpNRCMdwr«la Marllvn L. Gould SIII�.w�n w « lY tr y,,. nwr/ulm�eml�'�P In rvpnelee n IM Gu W nIw aM n dw m. aM rp V I1 A ha.M UGNTFR Of OSSDS ADS C�EMNW N r. L-5. nE. SRRR� YplpldTlAwMM AeNrwlold(dt `I `d-+ 11RwR=H� IRs 1Aw4M Ms all VA Y Appended: as per site visit with Ryan Davenport on 05/11/2005 (b I' WHEN RECORDED MA11. Te+ BOOK 12J9rAGE 794 No405 gµIMORIGAGEE110. DES MolNES. w SOJ09 ills $(,Q �� 1.i �: Q pTTN: ALpB/ua't IJ II ASSUMPTIONS AGREEMFN'I'4('j99'7q$ ( Willi Release of Granter's Liability) THIS AGREEMENT, made and enteral this 12 day or July 19 95 S by Jerry N. epaton and LaDorma J. sw eeten Gmnlor(s) Lloyd Lean Parsley and Ssrdta IG.iata) Paisley , (Gmntee(s) and Norwest Mortgage, Inc., (Holder) Holder and its agar is also an authorized agent of the Department of Vclerons Affairs, herenfler referenced as VA, for tie purpose, of approving Cmulcc(s) purchase and assumption of liability and fie releasing or modifying C nalor(s) liability on this VA -Guaranteed Loan that is subject to 38 U.S.C. 1814. WI NESSC'I'II T'I IA'I': WIIEREAS, timillors(s) Iasthave IeretoRxe either executed and delivered or assumed and agreed to pay for valuable consideration that certain Promissory Note in the sum of one hundred twenty-nine thousand six hundred and no/300----- ----------- Dollars (8129,600.00 ), dated July 15, 1993 , which Note is secured by a Mortgage of even dale therewith, mconledfiletl on Jub 19. 1993 in Back lin Page 414 Document No. , in tire official recorders of m.lm , County, _ true rend property legally described as follows: Being all of lot 73 as atom m that sell entitled, "Oeslan st River Fetates, " Section 111-A, which paas yes prepared by Birder taniec, RPS, dated January 23, 1985 and in Hap Rook 27. Page 33, Slide E-301, Qalar Canty squatty and revised in Map arok 28, Page 83, Orator Canty Registry. WHEREAS, VA has guaranteed the aforesaid Note and Mortgage pursuart to 38 U.S.C., Chapter 37, slid Granfor(s) ishme obligated to indemnify VA to the extent of nny claimed, paynle t arising from the gummnly or insurance of the indebtedness above-nrcntional, and WIIEREAS,, the aforesaid Note and Mortgage are currently held by Holder, and WHEREAS, Gmnice(s) Wave purchasing file properly describe) in said Mortgage from Grantor(s) and is willing m assume file payment and perfornance of the obligations mpreS aucd by said Note and Mortgage, and WIIEREAS, Gmnlee(s) for the same consideration, is/are willing to assume the obligations of Gmntor(s), under the terms of Ibis VA-Gu nimimc l Loan [hat is subicel to 38 U.S.C. 1814, to indemnify VA to the extent of any claimed payment arising from the guaranty or insurance of the indebtedness above mentioned. NOW THEREFORE, in consideration of the agreement and undertaking oromnke(s) assuming and agreeing to pay file Note and to perform the covenants and obligations of said Mortgage securing said Note, as said Note and Mortgage am hereinafter modified, I folder hereby waivers and relinquishes its right order the Mortgage to declare all sums secured by the Mortgage to he immediately due and payable by mason of the dale and transfer by Gromor(s) m Gmn(cc(s). It is agreed and understood (list this waives old relinquishes its right under the Mortgage to declare all sums secured by the Mortgage to be immediately due and payable by reason of the sale and transfer by Gramor(s) to Gramce(s). It is agreed and understood that this waiver and relinquishment applies only to said sale, nml not to any future sales or lmmfcts. IT IS UNDERSTOOD AND AGREED flat Holder hereby releases the Grantor(s) from further personal obligation of the afommid Note and Mortgage. IT IS FURTHER UNDERSTOOD AND AGREED that Holder, as authorized agent of VA, hereby mitring Jerry &V2s-ton and LaDoma J_SJepston_ Gronlot(s), from all liability to the United Slates Govcnunenl, Ihrough the Department of Veterans Affairs (VA), which may rise through the right of indemuiftattion because of the guaranty of the aforesaid Note and Mortgage. GRANTEE(S), GRANTEE(S) AND HOLDER hereby agree that the unpaid principal balance on Ilse said Note, as of July 6, 1995 , is one hundred twenty-six thousand four inmdred fifty- o� and 08/100----`-`--"`— Dollars (S 126.451.0g 1. REV: 04-0543 Appended: as per site visit with Ryan BOOK 12 J 9 nu 795 Davenport on 05/11/2005 ALL PARTICS TO TIIIS AGRCEMrNT specifically undenake and agree that nothing in the Agreement shall be undenlood or construed to an 1...I to it satisfaction or release in whole or in part of mid Note or Mortgage, (\ "� or of lite property invulvcd in the Murigage, from the effect thereor, nor to impair the right of sale provided for under the terns of the Mortgage or other mmedy provided by law for the foreclosure of mortgages by advertisement, action or otherwise. IT IS UNDCRSTOOD AND AGREED that all terms and/or conditions of the above mentioned Note and Mortgage, including modification thereof, if any, shall remain in full fume and effect without change, except as hereinafter otherwise specifically provided. Tine term "note", as used herein, shall refer to any note, bond extension or modification agreement, or any other instmmenl evidencing the loan indebtedness and advances: and the term "Mortgage Deed, or any similar security instrument securing the indebtedness herein, all of which is guaranteed by the department of Velemtss Affairs. IN WITNESS WHEREOF. the parties hereto have executed [his Agreement w le date first ve yr cn. 5v his" �4 h Ar Jerry A. SYepston &A'2t_, Grunlor Lloyd Leon Parsley by Pat Ita..rlCdPleF__ . IaDtrcte J. Slepatm �(yt 4e&pfw Cwrior Sandra' Kr tad ParaleY Cr lecu her attorney in fact by Pot Rattigen Yung 01 Appended: as per site visit with Ryan Davenport on 05/11/2005 BOOK 12 9 PlGf. 796 IN WITNESS WHEREOF. I[older hus executed this Agreement as an authorized agent U%•yhe Deportment of Veterans Affairs, this 12 day of, July ,19 95.. Norwesi Mort 1 - .0 ��'• by S�'HOLDER Cheryl J. Reiser its Assistant Vice President STATE OF Koren rsroline COUNTY OF Rulou The foregoing instrument was acknowledged belbre me this 17 day of nax by Kath"im M. Sceusrek ...nnun.�. STATE OF CUP :.y-o- ,'DUBv---� Notary Public Katherine pMJ. ^8:eprte'< C.O"t Yrr Igota)i8 STATE OF IOWA, COUNTY OF POLK, SS: On this . I day of / , A,D. 1995, before me, the undersigned, a Notary Public in and for the mid state, persotully appeared Cheryl J. Reber, to me personally known, who being by me duly sworn, did my that she is the Assistant Vice -President, of the corporation executing the within and foregoing Instrument to which till' l' attached, that the seal affixed thereto is the wl corporation; that the Imtrumem win signed and sealed on behotf of the corporation by luibority of in Board of Directors; and that Cheryl J. Reiser ad officer'. acknowledged theexttulion of the foregoing instrument to the voluntary act and dead or co"ration, 6yit _ and by her voluntarily executed. - —: Seat ea •••ve~,c Notary Public in and ra'aid telaa. My Commission Explore December 24, 1997 NORTH calouXA ormae, mien i,atlserinc !: Scepurek 6 Scott W. Harken Tr ro,yeua mnlfoN•let Xowrpai p.14" b I ... I ani11N al M rawest Ta Wrnun eo rnnl.wd I. ,ybaellee ,M r.ewaaa Ix " efr la Mrs 1759 rye 79L Ttr 7rh dera gpptpmhpr q P u, u "� ^N bAnt 1_ y ------------ \te. a.r..♦ r�.a ♦w •.s ..•............... coils sni uceert Uer gJ, 1997 Appended: as per site visit with Ryan Davenport on05/11/2005 M 182 1 PAR307 THIS DOCUMENT PRESENTED TO p t t THE ONSLOW COUNTY TAX OFFICE DATE '"L04 CLERK _ This Instrument prepared bv: Caylor. Edwards and Vatcher. Ano itys Mall after recording to: Town Manager, Town of Swansbom\ 502 Church Sc rect. Swansboro, NC 28584 Brief description for index: Approx. 0.60 acre tract of land on north side of Corbett Road, Swansboro, NC NORTH CAROLINA SPECIAL WARRANTY DEED THIS DEED made this 8th day of February, 2002 by and between: VIRGINIA C. REAVIS and husband. • TOWN OF SWANSBORO, a body H. CLAY REAVIS and OLIVIA M. • politic and corporate HANCOCK and husband, ROBERT L. HANCOCK The designation Grantor and Grantee as used herein shall Include said parties, their heirs, successors and assigns and shall Include singular, plural, masculine. feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee In fee simple, all that certain lot or parcel of land described as follows: Being situated in Swansboro Township, Onslow County, North Carolina and being more particularly described as follows: Beginning at a point which marks the Intersection of the northeastern right of way line of Main Street (NCSR 1447. a 60 foot right of way) and the northern right of way of -Corbett Road (NCSR 1449, a 60 foot right of way), thence from said beginning and running along the northeastern right of way line of Main Street, North 40 degrees 37 minutes, 29 seconds West 32.25 feet to a point in a ditch, cornering and running thence with said ditch and an agreed southern line of S.F Jones, Jr., North 50 degrees 21 minutes 16 seconds East 19.95 feet, North 66 degrees 27 minutes 18 seconds East 35.97 feet, North 40 degrees 57 minutes 30 seconds East 220.86 feet, North 52 degrees 13 minutes OS seconds East 74.87 feet, North 70 degrees 25 minutes S4 seconds East 58.08 feet, North 71 degrees 15 minutes 59 seconds East 139.43 feet and North 87 degrees 36 minutes 36 seconds East 20.49 feet to the northern right of way of Corbett Road, thence along and with said right of way South 50 degrees 51 minutes 01 seconds West SO.04 feet, South 52 degrees 21 minutes 33 seconds West 98.82 feel South 54 degrees 37 minutes 26 seconds West 99.74 feet. South SS degrees 05 minutes 37 seconds West 52.79 feet, and South S2 degrees S2 minutes 17 seconds West 238.15 feet to the point and place of beginning, containing U.60 acres, more or less. The property hereinabove described was acquired by Grantor by Instrument recorded in: Book 1276. Fagse 3, (and Correction Deed recorded In Book 1366, Page 832), Onslow County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. Appended: as per site visit with Ryan 10118 2 1 PAGE 3 0 8 Davenport on 05/11/2005 THE GRANTOR COVENANTS WITH THE GRANTEE. that Grantor has done nothing to Impair the title to the above described property and that to the best of Grantor's knowledge, title Is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons claiming by or through the Grantor, except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: IN WITNESS WHEREOF, the Grantor has hereto set his hand, or If corporate or other entity, has caused this instrument to be executed by Its duly authorized partner(s), manager(s) or officer(s), the day and year first above written. J�/) <sr . / 1 I-r"2�Z (Seal) Irtggin- C. Reavis C — (Seal) H. Cla Reavis dLfte4c )M S.. i (Seal) G�Olivia M ncoc . ��.1���6ee11 R ert L. Hancock STATE OF NORTH CAROLINA COUNTY OF ONSLOW 1. MONC/1 R QyrNG , a Notary Public in and for the county and state aforesaid, hereby certify that O/i ✓/ttitt/14 x ct:and husband.006 t.j 2.04ic4ersonally appeared before me this date and acknowledged the due execution of the foregoing Instrument. ,,,, Witness my hand and official stamp or seal, this g day of F , ••• �' •=z,[a„g2�'••,, ' •o iOl"lOq'•_ d o= My Commission expires: �t�� 000 Notary Public Jo Nfi "• :'r' " uirla r�A STATE OF NORTH CAROLINA COUNTY OF ONSLOW I, A4dy, h� i,� rnG , a Notary Public In and for the county and state aforesaid. hereby certify that Virginia C. Reavis and husband, H. Clay Reavis, personally appeared before me this date and acknowledged the due execution of the foregoln Instrument. � Witness my hand and official stamp or seal, this L' day of rq 2r�_, 2002. My commission expires: yn on Notary Public O P.2 RomRruouxA oaxn ceusn Trr.y:.awnr ktaw Nandi R. Rvs•rx. ,: ..•�r.'•, " �R2lk a I—) ....:rpw r s�T�. nx r,rf[�i •. °,..,.�•jer'ch.`r"u.r:.ai..ir r .. . &YO •y a.µ.,/d.40Jn �N .r..�.y0.m Appended: as per site visit with Ryan Davenport on 05/11/2005 Ell . 7-31-53 NORM OASOLINAt IN THE SUPYRIOR COURT. ONN[OM COUNTY, BEFORE THE CARS[ 771E TOWN or BNANSSORO a Petitioner, a _ Y7 g RAYMOND HARTBFIELD E. Y. TAYLOR s YU O Q N i E PARSON BR01f11 R. 9�0USTITUTINOAND �THEMBOARD MEMBERS OP ee EDUCATION OF ONSLOM COUNrYt e AEgponanta s 26 This cause coming on to be heard on motion of the petitioner for COnflrmotion of the Special Noster's report tiled herein an the 6th day of July, 1953, and it appoa,r Ing to -the Court that In said report oompenestion and seagas for the taking of ,Idle to Me property described In the pall lion wee usen.ed In the mount of Tan (410,00) Dollars, In gem,, and the eteautlon and delivery by the Said Town of Breneboro to the said Board of Education A written easement for tea persleslve use by the mold Be PS Of Education of sold serer disposal pleat, when aonetructed, and for the Conti need sees thereafterao long as they desire upon Ma payment of a monthly charge for said use; a It further appearing to the Court that the sum of One Hundred.(j100.00) Doil,re was paid by the petitioner Into the hands of too Clerk of the Superior Court of OnuoM County on the 15th day of of May, 1953, and it appearing to the Court that Me petit — Ion" is e0zltled to a refund of Ninety (#90.Oa) Dollars from sold depoelt, the rey1,� Ing Ten (I10.00) Dollars to be hold by the Clerk to be paid to the respondents, the EDAM of Education of Onalow County, when a proper Segment is executed by Me Tam of Swanebcrc, as aforesaid, and It further appearing to the Court the, a period of more lean ten (10) days nee Slapl cad elms the flling or the said Special Master's report and toot no excep" no Cheney to hews been acted or flied end teat robes that e.fd report has boon flied with the Court has been given pursuant to the provisions of Ocneral statutes 40-42 and that the sold Petitioner has pond 1n fu11 the costa of tale proceeding haled lea LLlowan7 to the apadlel Nagar fce or hie eervla Pa end the COUP, haT1119 aanOludad that the sold report o, the veld Sped 1LL Me Ker Should be eowtlread and that motion of the petition for the entry of Judgment herein Should be allowed. ' IT Ie, THEREFORE, ORDERED, ADJUDGED AND DECRIED as Callon, 1, That the report of the Special Hester tiled herein on the 6th day of July, 1953� be end SC is hereby approved and confirmed• rei Satter deeorlbe 2, That the petitioner, the Town of Bwn.bor0, its am Sonars, leaears and asslRna as end they are hereby vested with tee simple title to the lends he and which ere referred to andescribed in the petition for ads henaiion end more pe rtioulerly described as follows: Lying and being In the To of Swanebero, Onslov County, N.C, and beginning at a stake on the South aide of Mhlte Oak River at the low rater mark, being Our Junes' northwest corner on said river end being the northeast corner of the Board of Edueetlo lend, end runs thence with MesaidJones- line, being also the Beard of Education of Eduoat3,lonel and; thenceeN� j66deg�t5tmin� Vest 1pkt feetwiththe Boerda Corner fotheEducation%rd dins to a stkka; [Hence N. 33 dog. 55 min. East 250 feet to the low water "rk of whip Oak River; theme with tee low water Dark of White Oak River soutneoatrardly to the point of beamed, leulerly da"ri, Containing 59/100 of one acre, more or leas, and being more pert — bed according to plater plan thereof prepared by William F Seeman Engineers, Inc., High Point, N.C. 3. that the sus of One Hundred (8100.00) Della to, rnlch has been paid by the petitioner into the hands of Me Clerk of the a uperlor Court of Onalow County, Shaul be refunded be Me petitioner and that the amount of Ten (g10.00) Dollar, is the full, fair and adequate value of and Just compensation for the taking of the said percel of lend, together with the exeautlon and the delivery by the Town of Swaneboro to the osld Board of Education, a written segment for the permissive use by the Said Board oI Education of the meld Bower disposal plant, when can treated, by the petitioner .14 for Me continued use thereafter by Me said respondent, so long ee they desire, upon the payment of a monthly e)urge for said future ueeoge. 4. That the efore.eld said sum of Ten (d10.00) Dollars, now in the hands of the Clerk Of the Superior Court, shall be paid forthwith to Me respondents, the Board of Education of Onalow County, and the delivery of Me Sala written ".event to Me said respondents for the petsleelve use of the said serer disposal plant. 5.'Thet certified copy of this Judgment under the seal of this Court, ,hail be recorded In the Office of to Register of beads for Onslow County pursuant to orovls— Son. of aenarot Bt.t,"g 40-44. This the 33et day of July, 1953. J. R. Ourgenus, Clerk superior Court—Onalow Cc �j Appended: as per site visit with Ryan Davenport on 05/11/2005 . ... 'IRccotd oS Darda . NORTH CAROLINA, ONSLOW COUNTY, I, J• N. Gorgeous, Clark of the Superior Court of Onslow County, North Caroline, hereby oertlfy that the foregoing le a true and correct copy of the original Judges entered In the proceeding of The Town of Swaneboru, Petitioner, VS. Raymond Hartafi E. W. Taylor, Parson Brown, R. L. Williams, Jr., and Willies Walton, members oonstl Sng the Board of Emucetlon of Onslow County, Respondents. Let the Judgment and Chi certifloate be registered. Witness my hand and official Baal, thle the 31st day of July, 1953. J. R. Gurganus, Clerk Superior Court. Tiled for registration at 11 ololock A.X. July 31, 1953, and duly recorded July 31, 1953. W. T. BATES, WIDOWERTO R A. H. RAYNOR NOR71 CAAOLINA: ONSLOW COUNTYi THIS DEED, made and entered into this day of 1953 by and between W. T. belle Wldowcr, of Onslow County, North Ceroirna, par yt—o the first part, and A. R. Raynor, of Johnson County, North Carolina, party of the second part) WITIESSEPH: That sold party of the first part, for and in consideration of the a of One Hundred Dollars ($100.00) to him in hand paid, the receipt of which Is hereby acknowledged, het remised and released and by theme presents does recite release and forever quitclaim unto the party of the second pert and his heirs and aeelgna, all right, title, claim and Interest of the ea Id party of the first part 1n and to a cart tract or parcel of land lying and being In the County of Onalow and State of North Corollas, in Jacksonville Township, and more particularly described as follows; Beginning in B. F. Pollock'• corner In George line, running with George line South 44 east 35 yards to s stake, thence north 41 east 140 yards to a stake, thence 35 Yar to B. F. Pollock's line, thence with his line to the beginning, containing one more, core or less, TO HAVE AND TO HOLD the aforesaid tract or p roel of land and all privileges there unto belonging to him the said party of the second part and his heirs and mselgne, free and dlsoharged from all right, title, claim or interest of the said party of the first part or anyone claiming by, through or under him, IN TESTIMONY WHEREOF, said party of the first pert has hereunto set his .hand and seal the day and year first above written. his W T. Bette I (SEAL) mark Wltneee: Dlarence Baker J Mae Moore I, William Ragsdale Jr. Notary Public, do hereby certify that W. T. Betts, Widows personally appeared before me this day and acknowledged the due exeeutlon of the foregoing Instrument, for the purposes thareln expressed. Witness my hand and seal this 31 day of July, 1953, William Ragsdale, Jr. Notary Public. N. P. Real My call. exp: March 5,'1955. NORTH CAROLINA: 'ONSLOW COUNTY: The foregoing certificate of William Re adela, Jr. Notary Public of Johnston Count .I adjudged ad Judged to be correct and eufficdent. Let the instrument together with Uertlfical be registered. Witness my hand and seal this the 31 day of July, 1953. Batty Ann Gorgeous, Clerk Superior Court. Filed for registration at 11 o'clock A.M. July 311 19531 and duly recorded July 31, 1953. Land Water B LUL nfrastructurePA Date: r. ,x ,� !!2"in; J 115 East First/Railroad Street, Clayton, North Carolina 27520 Voice: (919) SSMWOW(go. b d 7 AGENT AUTHORIZATION LETTER Name: Larry Faison, Town Manager Address: Town of Swansboro, 502 Church Street Address: Swansboro, NC 28584 Phone: (910)326-4428 Project Name/Description: Swansboro Dock Walk Phase 1 To Whom It May Concern: I, the current project owner, hereby designate and authorize BLUE: Land, Water, Infrastructure, PA to act in my behalf as my agent for all project issues, to furnish upon request sup lemental information in support of applications, etc. From this day forward. This the � day of eW 1 / Z 905 This notification supersedes any previous correspondence concerning the agent for this project. L Faison 2A� Project Owner's Name Project Owner's Signature Revised: as per site visit with Project Description Ryan Davenport on 05/11/2005 This project consists of the construction of approximately 615 linear feet of wooden walkway adjacent the east side of the White Oak River in the Town of Swansboro (65 linear feet within public trust areas and 550 linear feet upland development). The boardwalk will also feature a 14'xl2' viewing platform adjacent to the entrance ramp. This first phase of the project will fill an existing gap in the Town's Dock Walk. When all phases are completed, this project will link the existing walkway at Bicentennial Park with an innovative stormwater infiltration parking area. The parking area was constructed through a collaborative effort between the Town, the NC Cooperative Extension Service's Watershed Education for Communities and Local Officials (WECO) task force, the NC State University School of Design, the NC Shellfish Sanitation Division, Duke University and the Environmental Protection Agency. This project completes the eastern portion of the Dock Walk and will feature benches, interpretative signs, native landscaping, and trash receptacles. The Dock Walk is a system of pedestrian walkways and piers, that when completed will encircle the historic waterfront district in downtown Swansboro. This project is envisioned in the 2001 Swansboro Waterfront Revitalization Plan, funded by the NC Department of Commerce. Completion of all Boardwalk Phases will allow uninterrupted handicapped accessible access from the public/private dock at Swan Harbor along the east side of the White Oak River to the walkway underneath the NC 24 bridge. Completion of these phases of the Dock Walk will also facilitate pedestrian access from the Town's downtown business and historic district to the east side of the White Oak River. The Dock Walk will be installed according to local and state standards. The walkways will be six feet wide except at the bench / handicapped turnout areas where the width will be eight feet. This is to maintain Swansboro code standards of a minimum walkway width of five feet around the boardwalk benches, and trash receptacles required by NCDENR. The walkways will also be installed at least three feet above the substrate of coastal wetlands. Typical boardwalk -constructing equipment will be used including a backhoe, piledriver and other normal carpentry tools. Aesthetically pleasing native landscaping will be utilized. This project complies with the NC Environmental Policy Act (NCGS 113A - 1 to 10). vo+ I0(25�d- Fvi5k • LUE Land Water Infrastructure.P. 1271 Old Highway #1 Southern Pines North Carolina 28387 Voice: (910) 692-6461 • Facsimile: (910) 692-8083 www.blwi.com • blwi@blwi.com Letter of Transmittal Wednesday May 18, 2005 Ryan Davenport Morehead City District 400 Commerce Ave. Morehead City, NC 28557 I 1 yy ; _ %A4 RE: Swansboro Dock Walk Phase 1 - permit application revisions as per site visit 05/11/2005 BLWI Project: 030078 Mr. Davenport, Enclosed are the revised pages for the Swansboro Dock Walk Phase One permit application as per our site visit on 05/11/2005 with you, Richard Banks and myself. These revisions should be appended to the original permit application dated 04/01/2005. As we understand, the permit application will be considered complete now that the revisions have been submitted to you. We look forward to continuing with the Major Development Permit process. If you should have any questions concerning this project or the enclosed documents please feel free to contact me. Respectfully Submitted, Deven Lindenberg ENCLOSED: i. Revised DCM-MP-3 Upland Development form dated 05/16/05 ii. Revised DCM-MP-4 Structures form dated 05/16/05 iii. Revised project description, list of adjacent riparian land owners, list of permanent easements, and list of deed of ownership iv. Certified mail return receipt for a copy of the permit application mailed to Nancy Bagley v. Deed of ownership Nacy J. Bagley and others vi. Deed of ownership Robert Meadows and wife vii. Deed of ownership Town of Swansboro-�I z.tof ownership Town of Revs d Work Plats dated 05 16 005rV copies) x. Electronic copy of the entire revised permit application as a PDF (1 CD) lEfdM fM. 4 nn u ��r N �r0.Y yW.w �w�4 iw 6ww M. N 41 UY.rnY 4ap• • M usW,r M K M1»n. du Ily ► „w.wCw 0. »» ntvM 4 ✓11 Y.I �..� Iw• 1.+� Iw tln NOw M s».Y 4 A'Ib . m..w, en w wY m Ml M �+».. IYnn O.w. waY. b r w•r N MwM nw .ib . .-wim¢.»r obn. AO'� + rw. -tai -//3 ill.l .J raY ..1 ... r r.l Y r•,. ..alw, Y rwr o.b E°'lY' � Main SURVEYED BY OCEANSIDE ENGINEERING AND SURVEYING PC 8810 EMERALD DRIVE EMERALD ISLE, NC 28594 PHONE: 252-354-7761 W/ j!OG OR HOM� REEK ao o ae laD )ao CY!®C rCW "P Iiif r qC1. 00 IQ! Is Dlmz ®m Race N .1 11 N asma �.ma m.a arw ..1»a. amoln a»r al• 0 z _f NrM1 0 z N/E D h Matthews Z In m 0 �.; 0 .- A.A. b ,..M b IN 4a.YM COMMOif AREAS AFEA it " = ZIFO9 SF AREA ,9" 7/, 1A9 SF AREA "C " = 6i,939 SF AFFA 9 _ l0,3I3 SF M1I,N. SVw» Wtlwr. 51.twnrl M nwwws a dw. AYr✓. w q4 fYl w •M•a.' N F 0. �1 I TM1 •wr. MW M,w M. Nr w. M mM,aY M..w4 ,MYM w »r ur GI.. wN+r atr• � a• Iw.. a Se.we wM fTrs 0»a,x,wl w�r,a•,evw+ w 0. w>!Y Y. r - u »nl s maa ears ra' ealD M S.1 YgrY�,rW 4n�.wl..lgr� u U,w n p ILw Y Yr�tY. a411FR Ww fMf/Oq .G S[/Rvz-YFO FOR 5WANN HARBOUR COMMON AREA POOL AREA PHASE // AREA r1>a asr�lml r x sa W ama a r �a m )¢ Ir rr. rr »se usw RrrrRCNC6S: Dw eY.k as M aaa o..a u)eY 1Y rV. aaa MM M.k M M ear east.. DswV eysrsef I III 41 40 L MA w NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 2, 2005 Town of Swansboro 502 Church Street Swansboro, NC 28584 Dear Sir or Madam: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to construct a 615' pedestrian walkway and a 14' x 12' viewing platfoim on high ground along the White Oak River on the east side of town. The town plans for this to be phase one of a series of walkways linking this phase to the existing walkway at Bicentennial Park in Onslow County, Swansboro, NC. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make October 16, 2005 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808) or e-mail (doug.huggett@ncmail.net). Very sincerely, Dou uggettV, Major Permits & Consistency Coordinator cc: DCM, Morehead City 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net NCENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary August 5, 2005 Larry Faison, Town Manager Town of Swansboro 502 Church Street Swansboro, NC 28584 Dear Sir: In the processing of your application for a 615' pedestrian walkway along the White Oak River, in Swansboro, Onslow County, North Carolina, it was brought to our attention by the Department of Cultural Resources that this site occurs a relatively short distance to the northwest of the Swansboro Historic District and should be considered a high probability for potentially significant cultural resources. If, following the completion of the review of your permit application, a CAMA permit is issued, the following condition will be included: Prior to the initiation of any ground disturbing activities within the project area, the permittee shall arrange for an archaeological survey to identify and evaluate any archaeological sites which may be eligible for listing in the National Register of Historic Places; to determine whether such sites may be adversely affected by this project activities; and, if so, to develop and implement an appropriate mitigation plan. Two copies of the archaeological survey report, as well as one copy of the appropriate site forms, should be forwarded to the Office of State Archaeology through this office for review and comment as soon as they are available and well in advance of any construction activities. This information is being provided to you at this time only for your consideration. A copy of the letter submitted to the Division of Coastal Management from the Department of Cultural Resources is attached for you review. If you have any questions concerning this matter, please feel free to contact me at (252) 808-2808), or by e-mail at Jonathan.Howell @ncmail.net. Sincerely, , 9 Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252 808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastaimanagement.net An Equal Opportunity \ Affirmative Action Employer- 50% Recycled \ 10% Post Consumer Paper Adjacent Riparian Landowners 1. Ravahan Developers Inc. P.O. Box 1588 also sent to Swansboro, NC 28584 2. NC DOT 105 Eastbrook Dr. Greenville, NC 27858 Robert K & Carolyn Meadows 210 Orange St. Beaufort, NC 28516 Permanent Easements !20!7070 Morehead City DCM Swan Harbour Owners Asc. 502 Main St. Unit I I I Swansboro, NC 28584 This project will be constructed over two properties not owned by the Town of Swansboro. Attached are descriptions of the permanent easements with authorization for the boardwalk construction. All permanent easements for this project are on file with the Register of deeds in Onslow County. 1. Plat Map for Swann Harbour Owners Asc. Filed with the Onslow County Register of Deeds at 2:10 o'clock on the 21st day of January 2004. Recorded in Map Book 45 Page 207 Slide L-113. (see attached easment) 2. Deed of Easement from NCDOT to Town of Swansboro. Originally recorded with the Onslow County Register of Deeds at 11:20am on March 11, 2005 in Book 2407 Page 219-222. Because of a typographical error the easement was amended and recorded again with the Onslow County Register of Deeds at 10:28am on April 05, 2005 in Book 2421 Page 56-62. (see attached easement) Project Description Y M. MAY 0 2 2005 J Wreheaa City ®CM This project consists of the construction of approximately 635 linear feet of wooden walkway adjacent the east side of the White Oak River in the Town of Swansboro. This first phase of the project will fill an existing gap in the Town's Dock Walk. When all phases are completed, this project will link the existing walkway at Bicentennial Park with an innovative stormwater infiltration parking area. The parking area was constructed through a collaborative effort between the Town, the NC Cooperative Extension Service's Watershed Education for Communities and Local Officials (WECO) task force, the NC State University School of Design, the NC Shellfish Sanitation Division, Duke University and the Environmental Protection Agency. This project completes the eastern portion of the Dock Walk and will feature benches, interpretative signs, native landscaping, and trash receptacles. The Dock Walk is a system of pedestrian walkways and piers, that when completed will encircle the historic waterfront district in downtown Swansboro. This project is envisioned in the 2001 Swansboro Waterfront Revitalization Plan, funded by the NC Department of Commerce. Completion of all Boardwalk Phases will allow uninterrupted handicapped accessible access from the public/private dock at Swan Harbor along the east side of the White Oak River to the walkway underneath the NC 24 bridge. Completion of these phases of the Dock Walk will also facilitate pedestrian access from the Town's downtown business and historic district to the east side of the White Oak River. The Dock Walk will be installed according to local and state standards. The walkways will be six feet wide except at the bench / handicapped turnout areas where the width will be eight feet. This is to maintain Swansboro code standards of a minimum walkway width of five feet around the boardwalk benches, and trash receptacles required by NCDENR. The walkways will also be installed at least three feet above the substrate of coastal wetlands. Typical boardwalk -constructing equipment will be used including a backhoe, piledriver and other normal carpentry tools. Aesthetically pleasing native landscaping will be utilized. This project complies with the NC Environmental Policy Act (NCGS 113A - 1 to 10). DIVISION OF COASTAL MANAGEMENT NCDENR Np UAW. oFPMTMF OF EwN ...ew Y1D NI -' RE5WROE4 151-B HWY. 24, HESTRON BUILDING MOREHEAD CITY, NC 28557 TELEPHONE: (252) 808-2808 FAX: (252) 247-3330 TO: i All-1/ AMC-UIS OFFICE: 1 EGA! A�uE�277S MFiVT SE�/ TELEPHONE #: FROM: n ael FAX #: 1910E OFFICE: DIVISION OF COASTAL NiANAGENIENT I:im J�.4P ZOOS _SciE OF 7WC bA It- IS DATE SENT: 6to17105 TOTAL NUMBER OF PAGES INCLUDiNC COYER SHEET: A�� NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary Legal Advertisement Section Re: Public Notice — Town of Swansboro Public Dockwalk To Whom It May Concern: Please publish the attached Notice in the June 8, 2005, issue of the Jacksonville Daily News. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jaye Poole, NC Division of Coastal Management, 1638 Mail Service Center, Raleigh, North Carolina 27699-1638, Telephone (919) 733-2293. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, yan Davenport Coastal Manaeement Representative jrd Enclosure cc: Doug Huggett Ted Tyndall, Assistant Director 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252.808.2808 \ FAX: 252.247.3330 \ Internet: www.nccoastalmanagement.net An Equal opportunity Affirmative Action Employer- 50% Recycled \ 100/, Post Consumer Paper NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on May 19, 2005. According to said application, The Town of Swansboro has applied to construct a 615' public dockwalk and a 160ft2 viewing platform on their property along Hwy. 24 just west of the White Oak river bridge, in Onslow County: A copy of the entire application may be examined or copied at the office of Ryan Davenport, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Charles S. Jones, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to June 18, 2005, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: June 8, 2005 151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557 Phone: 252-808-2808 \ FAX: 252-247-3330 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer - 50% Recycled \ 10% Post Consumer Paper P. 01 TRANSACTION REPORT JUN-07-2005 TUE 08:12 AM DATE START RECEIVER TX TIME PAGES TYPE NOTE M# DP JUN-07 08:11 AM 919103530935 53" 3 SEND OK 491 DCM% DWQ% Development Type FEE f14300 16014351000931625 6253 (24300 1602 435100095 23411 I. Private, non-commercial development that does not involve S250 100% ($250) 0% (SO) the filling or excavation of any wetlands or open water areas: It. Public or commercial development .r that does not involve the filling or 00 100% ($400) 0 % ($O) excavation of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine it A, B. C. or D below applies: III(A). For Private, non-commercial development, If General water Quality S250 100 % (S250) 0 % (SO) Certification Ne.3301 (see attached) can be applied: , III(B): For public or commercial development, if General water Quality $400 100 % (S400) 0% (SO) Certification No.3301 (see attached) can be applied: III(C). If General Water Quality Certification No. 3301 (see attached) could be applied, but DCM staff determined that additional review and S400 60 % (S240) 40 % (5160) written DWQ concurrence is needed because of concerns related to water quality or aquatic life: MID). If General Water Quality Certification No. 3301 (see attached) S400 60% (S240) 40% (S760) can not he applied: IV. For development that involves the filling and/or excavation of more $475 60% ($285) 40 % (S1gO) than one acre of wetlands and/or open water areas: I Form DCM-MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-I. Be sure to complete all other sections of the Joint Application that relate to this proposed project. a. Type and number of buildings, facilities, units or structures proposed DockNcalk Gis t.I b. Number of lots or parcels 4 existing parcels are adjacent to project RJ!71VCO2 2005 Morehead City DCM It. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. Has a site development plan been submitted to the Division of Environmental Management for review? If yes, date submitted \ A Describe proposed method of sewage disposal. A j. Have the facilities described in Item i. above c. Density (give the number of residential units and the received state or local approval? VA units per acre) N/A (Attach appropriate domo atioro d. Size of area to be graded, filled or disturbed including roads, ditches, etc. 0.82 acres (project boundary area) for vegetation installation and piles e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land disturbing activity begins. If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? Yes No If yes, date submitted S A f. List the materials (such as marl, paver stone, asphalt, or concrete) to be used for paved surfaces. No paved surfaces will be constructed Ibr this project. g. Give the percentage of the tract within 75 feet of MHW or NWL, or within 575 feet in the case of an Outstanding Resource Water, to be covered by impervious and/or built -upon surfaces, such as pavement, buildings, rooftops, or to be used for vehicular driveways or parking. 0 perccnt k. Describe location and type of proposed discharges to waters of the state (for example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges). This project will not provide any additional discharges. I. Describe proposed drinking water supply source (e.g. well, community, public system, etc.) Water supply liar one drinking, fountain will be public system m. Will water be impounded? _ If yes, how many acres? N'A Yes x No n. If the project is a oceanfront development, when was the lot(s) platted and recorded? ti A Swansboro Dock Walk Project Phase I Applicant Ntttne Signature � ( t Date Revised 03/95 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application which relate to this proposed project. a. Dock(s) and/or Pier(s) - DOCKWALK (1) _ Commercial x Community _ Private (2) Number 1 (3) Length 6351f (4) Width 6-8 ft (5) Finger Piers —Yes X No (i) Number n/a (ii) Length n/a (iii) Width n/a (6) Platform(s) _ Yes X No (i) Number n/a (ii) Length n/a (iii) Width n/a (7) Number of slips proposed none (8) Proximity of structure to adjacent riparian property lines varies - see work plats (9) Width of water body > 0.5 miles (10) Water depth at waterward end of pier at MLW or NWL Approximately 1.5' b. Boathouse (including covered lifts) (1) n/a Commercial n/a Private (2) Length n'a (3) Width n/a c. Groin (e.g. wood, sheetpile, etc.) (1) Number n/a (2) Length(s) n/a d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length n/a (2) Average distance from MHW, NWL or wetlands "'' (3) Maximum distance beyond MHW, NWL or wetlands 111,1 R90 �' MAY 0 2 2005 Morehead City DCM e. Mooring buoys (1) 11 ' Commercial _Community _ Private (2) Number n a (3) Description of buoy (Color, inscription, size, anchor, etc.) 11/a (4) Width of water body n/a (5) Distance buoy(s) to be placed beyond shoreline n/a f. Mooring structure (boatlift, mooring pilings, etc.) (1) n/a Commercial _Community _ Private (2) Number n/a (3) Length n/a (4) Width n/a g. Other (Gi- ronplat annfpdm) Dockwalk described in part (a) of this form is a wooden boardwalk that approximately parallels the White Oak River. Swansboro Dock Walk Phase 1 Ap Iluat tet Name sigmtu e �-, 1 I-0s Date Revised 03/915