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HomeMy WebLinkAbout118-96 Engelhard Development Corporationpursuant to NCGS 113A-118 LWA Excavation and/or filling jE ant to NCGS 113-229 Issued to Kngelhard Development Corp, P.O. Box 342, Engclhard. NC 27824 authorizing development in Hyde County at Far Creek adjacent US 264 in Engelhard as requested in the permittee's application dated3/15/96 including attached worMan drawings 5 dated 5/1/96 y / This permit, issued on P- I - C% SO 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Boardwalk 1) The maximum width of the boardwalk footprint shall not exceed 7 feet. 2) The final alignment of the boardwalk shall be approved by a representative of the Division prior to the initiation of construction. NOTE: The permittee or his contractor is urged to meet on site with a representative of the Division of Coastal Management prior to the initiation of construction. 3) No marsh grass will be excavated or filled. attached sheet for This pennii_action may be appealed by the pennittee 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 Departmental approval. All work must cease when the permit expires on December 31 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. 2oger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. ie.. — ----'- ...- _. -... .—.. - Pa "a 7. of 2 . ....-.-�- t - V nTu�-iY 'S`e AYY.G+a! Y4T'Sr_ R yi�'i'o'Us 'III-�♦4rTT..��rL�='�4^�=Glf6♦'_-�X.:s/�C!LiElt /���+ 9[,3 - - 1RlT lyf$y}�g}�tl�: ICC: -4)�fns`ermit auihonzes onlyheoekspiersndotherfe3Ltitiiisected in br over the water that are expressly and specifically set forth in the permit application. No other st-uctureZ y.vhedier floating or stationarymay become a�per anentYpart�of this facility without ,,, +, �.• perms mo ificatibhJNo nori wafer dependent nsesvfstilrcnres maybe conducted on, m or over public trust waters without permit modification. 5) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. General 6) 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. NOTE: Future development or change of usage at the project site may require a modification of this permit. Contact a representative of the Division at (919) 946-6481 prior to commencement of any such activity for this determination. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960566. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 199604678) which was issued on 6/24196. pursuant to NCGS 113A=118 '- A •• .� Excavation and/or filling puisuaiu to NCGS 113-229 Issued to Engelhard Development Corp., P.O. Box 342, Engelhard, NC 27824 authorizing development in Hyde County at Far Creek. adjacent US 264 in Engelhard , as requested in the permittee's application dated3/15/96 including attached workplan drawings. 5, dated 5/1/96 This permit, issued on S1' o:� — -/ 6 , 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Boardwalk 1) The maximum width of the boardwalk footprint shall not exceed 7 feet. 2) The final alignment of the boardwalk shall be approved by a representative of the Division prior to the initiation of construction. NOTE: The permittee or his contractor is urged to meet on site with a representative of the Division of Coastal Management prior to the initiation of construction. 3) No marsh grass will be excavated or filled. 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 Departmental approval. All work must cease when the permit expires on December 31, 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. oger M checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee _ ge-2of2 , R� tRti+2Ss-•rd `v'1}.,�^v�•"��w �b w._w .sc7xiai'�+'�-�*41_al�1ti+^,�'.�4 n� -- _ .�`v'1 �4$L.�^� YRi+ uz � M ._ f ti ADDILTIONAL.CONAITIOlYS o �_4) P{ns permit auihonzes only e doe cl�s�pier 'and-othe-- to nd u9 - 4 -- ted in. -or ouer r. A the water -that are expressly and specifically set forth in the permit application. No other stmcture whether floating oftattonary�m�ay�becomeapermanent pa rto facility wrthout� F rr z r, '�., permit modification: No non -water depend ent�usesrofstiuctur'es may be-eondueted on;-m-or over public trust waters without permit modification. 5) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. General 6) 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. NOTE: Future development or change of usage at the project site may require a modification of this permit. Contact a representative of the Division at (919) 946-6481 prior to commencement of any such activity for this determination. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960566. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 199604678) which was issued on 6/24/96. Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Engelhard Development Corporation Address P 0 Box 342 City Engelhard State NC Zip 27824 Day Phone (919) 926-4041 Fax b. Authorized Agent: Name Tommy Etheridge Address P 0 Box 65 City Engelhard State NC Zip 27824 Day Phone (919) 925-4301 Fax c. Project name (if any) Engelhard Far Creek Boardwalk NOTE., Permit will be issued in name oflarda rft), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. \County Hyde b. City, Engtown, elhard community or landmark c. Street address or secondary road number US 264 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Far Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or fdling activities. Wooden Boardwalk b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Public 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. A wooden boardwalk will be constructed along the southern shore- 16130rW,04 provide public access to the waters of Far Creek. Wooden pilings will be driven and/or washed down. Revised 03195 Form DCM-MP-1 m. Describe existing wastewater treatment facilities. 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1314 feet total length n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) see site plan wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or N/A NWL 3.0 feet d Soil type(s) and te:tur�'') cf tract o. Describe existing drinking water supply source. Brookman loam overlain with fill e. Vegetation on tract grass f. Man-made features now on tract buildings 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (Consutr the taaat Imid we per./ In addition to the completed application form, the p following items must be submitted: Conservation Transitional X Developed Community • A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims tide to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then None forward a copy of the deed or other instrument under which the owner claims tide, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? ;0� Yes No (Attach zoning mrtpbance certificate, ifamli—ble) • An accurate, dated work plat (including plan view aou ;toss -sectional drawings) drawn to scale in black j. Has a professional archaeological assessment been ink on an 8 1/2" by 11" white paper. (Refer to done for the tract? Yes X No Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a Natiomi! Registered Historic District or does it involve a National Registe. ]is:�'...:;r eloibl_ rr�rz^.y" Yes X No Are there wetlands on the site? X Yes No Coastal (marsh) Other X — If yes, has a delineation been conducted? No (Anach documentation, if available) 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 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater 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 R S Spencer, Jr. Address P 0 Box 159, Engelhard, NC 27824 919-925-4591 Name Charlotte Neal Address P 0 Box 306, Engel ar , NC Phone 919-925-4041 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. None • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • 2. signed AEC 1_arard i i`_r fr_ projects in orP.anfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 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. 6. CERTIFICATION AND PERMISSION TO ENTER O:r LA.No 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 4;_ day of �, 19-2(, Print Name Tommy Etheridge Signa re IV Lmidawncr or A 'Zed Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ 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 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) (1) _ Commercial %Community _ Private (2) Number 1 (3) Length 1314 feet (4) Width 7' (5) Finger Piers _ Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) _ Yes XX No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 0 (8) Proximity of structure to adjacent riparian property lines adjacent to (9) Width of water body, 30' - 40' (10) Water depth at waterward end of pier at MLW or NWL 4.0' b. Boathouse (including covered lifts) (1) Commercial _ (2) Length (3) Width Private c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or wetlands (3) .Maximum distance beyond MHW, NWL or wetlands e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, 'etc:), (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give coppkte description) Engelhard Developm'e,nttaCorporat ion plicant or Project N AP4�1ti¢.G- �7 Slj�ature 3 Date Revised 03195 \ I o Hy& Came= Aipal AS 11) WYESOCKIA BAY b� Y ENe_j 6uc, �FAr ('-cc �cd��tk 4 `J Ntey io L01ArrvirYIS t. Moiel z r1C DCA, Res+ him 3 Er jelhord eVw +F S F14,1 CO.6 Seep b WXhkm- sae. 1 Rs. Spevrwr'a 'lrn,41 S�w� $ Bo, be s` o? q lao K s\o nC R)u•Adins to C.f�;ttm* GM63 Shure ba Sbror�e. iu,\d,r9 11 \..Sh.s Video 5kne � Gnr• t `Lx..•, ''�wwK 'Lieecs � = C,..F alcn. (SW G.Vk7Fn1) �_Seu.M :ear( ISDQA)c 7Fe") to E v\ �e I harA I F/3r CrGe.K Shee-� „2, of 5 Eny-4v,cl /FRr Cree_IL taw�dwarK- 7�rowh BY; R040.1 w,-dAm56,, 5IMP50N z-MAX ANCHOIZ5 8 �— 0. 5/4 x 6 TR71p, DECK mG +2.6 ���•, , i :* TRTD. 2 x G Ir 2 i z "G'alu. . ao�rs v/o.G. wAsHIRS Scab / I'-0" 2 TRTD. (ox6 x dor;od/< ,MIN- PcXe7Rh7-1av PFLo w GRADE E' Enge_lho-,cl I FRr �'x«K 3ca-rdwAlK Shee � Tp-� s PRAw,✓ BY. IZadH�=� W. 17,seH D,PTF- : 5-11196 TRTD.2x4 ThIL TRTD, 4X6 PILC- 2x8 CAP RAIL f B0,4A Se41e „_ /,_0" I G I I D6MESTI e N,'D. GiFLUAV12BDAMILS En9e ko�,d / FA,r Creek FSOOT wo IK Skee4 54 s praw•l BY r Deft s/i/YG ENGELHARD, FAR CREEK BOARDWALK PROJECT HYDE COUNTY RC&D Measure Plan Measure Number 37-6005-095-223 Sponsored by Albemarle RC&D Council Town of Engelhard Hyde County Board of County Commissioners Hyde County Soil and Water Conservation District FEBRUARY 1996 l I. PLANNING AREA AND A. The Planning Area The measure planning area is Hyde County and, in particular, Far Creek in the town of Engelhard which is located on Highway US 264 east of Swanquarter. This area provides boaters and commercial fishermen access to an important fishing industry and recreation area. The project measure area is located in the southeastern section of the Albemarle RC&D Project. Hyde County has no large towns and water related activities are very important to the economy. Hyde County is also one of the Governor's Coastal Initiative communities. B. Evaluation of Resource Capabilities The project measure area is used for commercial and sportfishing. The harbor has been dredged for large trawler access and therefore has some deep water areas. The project area is also very near the Pamlico Sound which receives thousands of pleasure craft yearly. The problem in the planning area is a lack of interaction with the water by the general public and traveling tourists. A boardwalk is needed along the shoreline of Far Creek to provide this interaction. At present there are businesses between the street and the creek. They have agreed to provide easements behind their buildings to construct this boardwalk. The removal of the abandoned pilings has taken place and will provide safe and unobstructive navigation thus increasing recreational opportunities. Recreational opportunities would also increase due to the improved aesthetics of the downtown area on the water and a public access area. II. PLANNING OBJECTIVES A. Sponsor's Objectives The sponsors' primary objective is to provide the people of Hyde County and surrounding areas with a better quality recreation environment. The natural resources are adequate to fill all of the water -based recreation potentials. Finally, the sponsors have an objective to improve the aesthetics of the Engelhard downtown area. III. INSTALLATION OF A SELECTED PLAN This project measure requires installation of a structural measure and other works of improvement. In order to proceed with the work, permits will be secured from the Corp of Engineers and the North Carolina Division of Coastal Management. A. Installation Costs Cost for the project includes approximately $25,000 for Phase I to remove and dispose of pilings and rubble along the shoreline, another $100,000 for Phase II to clean up and provide public access, $20,000 for Phase III cleanup and public access, $20,000 for Phase IV nature trails, bridge, and final cleanup, and approximately $13,000 for administration of the contract and supervision. B. Method of Financing The principal sponsor, Hyde County, will supply its share of the funds from various sources and in -kind labor, administration, and equipment. The Division of Water Resources has provided funds for two-thirds of the cost of piling removal and one-half the cost of boardwalk construction from appropriations to the Civil Works program. C. Land and Water Rights Land and water rights are the responsibility of the local sponsors. Construction permits are needed from the state of North Carolina and the Corp of Engineers. D. Contracting and Procurement The measure will be installed by contract. It will be administered by the measure sponsor. IV. OPERATION AND MAINTENANCE The County of Hyde will be responsible for the operation and maintenance of the improvements installed. G. Samuel Cox, Chairman Albemarle RC&D Council PIRI'l � _U 0'. 0 74 410 A' VIA 61 a o 1.;1' j`117. V J Q =Z 7 01XIM»ell G u AI T I Y 199 DAVIS @ DAVIS Sw. a pw n.r n. "C NORTH CAROLINA HYDE COUNTY THIS DEED, made this the 11s day of 17 f 1 I 1994, by Jimmie W. Spencer and wife, Ruth Clair—M. Spencer, of the County of Hyde, State of North Carolina, parties of the first part, to Carolina Financial Realty, Inc., a banking institution organized an ex st ng under and by Virtue of the laws of the State of North Carolina, with its principal place of business at Engelhard, North Carolina, party of the second part, WIT►IESSETII: THAT SAID parties of the first part for Ten Dollars and other valuable consideration to them in hand paid by said party of the second part, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do grant, bargain, sell, and convey unto the said party of the second part, its successors, and assigns, that certain tract or parcel of land located in the Village of. Engelhard, Lake Landing Township, Hyde County, North Carolina, which is more particularly described according to a may entitled "Property of Jimmy Watson_Spencer and Wife . . .11, prepared by Gene Cox, R.,.S., tiner r3ate o une 23, 1969, a copy of which is of record in the Off'ce of the Register of Deeds of Hyde County, North Carolina, in D�ed Rook 89 at page 154, and is made a part hereof for the purpose of ed seription, as follows: Beginning at the point where the northward edge of the 60 foot right of way of U. S. Highway 264 is intersected by the westward boundary of that tract of W. C. Davis land, known as the "Old Pamlico Power and Light Company Building Lot", now owned by Alma Lee C. Davis and Ruth F. Davis; running from said beginning point North 09 degrees 48 minutes East, along said Davis boundary, 65.6 feet to the waters of Far creek, which point is hereinafter referred to as "Point 1111; running thence in a generally westward direction, alone the edge of Far Creek -and with the meanders thereof to a point —hereinafter referred to as "Pornt2�wTicF-po n s an 3 feet on a course South egrees minutes West from Point 11; continuing thence in a gener.allyi westward direction, along the edge of Far Creek and with 6e meanders thereof, to a point hereinafter referred to as "Point 13, which point stands 77 feet on a course South 89 degrees 08 minutes West from Point 12; ruining thence in a southwestward direction, along the edge of Far Creek and with the meanders thereof, to a point hereinafter referred to as "Point 1411, which point stands 41 feet on a course South 78 degrees 57 minutes West from Point 13; continuing thence in a southwestward direc- tion, along the edge of Far. Creek and with the meanders thereof, to a point which point stands 45 feet on a course South 66 degrees 1.3 minutes West, from Point 14 (said point is situated in the mouth of the ditch that runs between the parcel of land being herein described and the parcel of land shown as "R. S. Spencer Store Lot" on said map; running thence South 25 degrees 57 minutes West, along the Southeast edge of said ditch 43 feet to a point in the northward edge of the 60 foot right of way of U. S. Highway /264; running thence Worth 82 degrees 24 minutes East, along the northward. edge of said right of. way 81.4 feet to a curve In the same; running thence South 89 degrees 06 minutes East, continuing along the northward edge of said right of way 86.4 feet to another curve in the same; running thence South 80 degrees 18 minutes East, continuing along the said edge of said right of. way, 34 feet to the point of beginning. I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. The East Carolina BankX�i P O Box 337 Landowner Signature PQE�( OJT Engelhard NC 27824 Landowner Signature ncn�� tea, Igg6 Date 14g645 3. Such easements, if any, as may he outstanding thereon over those parts thereof, if any, that are included within the right. of way of: if. S. liwy.'264. 4. Such easement, if any,: as may he outstanding thereon for the nse and maintenance of drainage ditches and canals. 5. Riparian rights of Far Creek, i.f any, that: may he outstanding thereon. 6. Federal and St:aLe r.egulat.ions concerning development of tidal or Wetlands that may apply to any portion of this property. 1110 11AVE AND TO IIOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belong- ing to them, the said parties of the second part, their heirs and assigns, to Lheir only use and behoof in fee simple alisolnte forever. And the said parties of the fi.rst part do for them- sa.lve.s and their heirs, executors, and administrators, covenant to and with the said parties of the second part, their executors, administrators, heirs and assigns, that they are seized of said premises in fee and have the right- to convey the same in fee simple; that the sam is free and clear of. all. encumbrances, except. as setont her..inabove, and that they hereby forever warrant and defend the title to the same against the lawful claims of: all persons whpmsoever. IN TESTIMONY WIIERSOF, the said parti.es of the first, part: have hereunto set their hands and seal.s the day and year first: alcove wri tt.ert. "' S. WILLIAMS 3j. p ` ... :}i: ;Li : h. STATE OF VIRM NTA + t• COUNTY,/CITY OFIC- T, C2.9fi a2h a Notary Pttbl.ic In still f.or said county/city and stale do hereby certify that cnSSPER S. W.TIAJAMS AN,D WIFE, nONNTE D. WTTAJAMS, personally appeared hef.ore me this (lay and acknowledged the due execution of the foregoing insLrnment. 5 T' Witness my hand and Notarial Seal this the 7y day of. ri PR (, 1993. Notary Pttb i> c My commission expires: D c i -3 �t (% /r •Itoo AuI I bll Ipm. I1; INu kill Amu ue 'Aue 11. :; luuuwt;ea All I! Ill II II:; I;. I e d A I u:,lll lot;. im; Imu C6bl .AI,J A luMt .) upAll ollp uux e.l, 1 : 1;it, I Id0:,ti0 bu lru,l j(A uyl ul '.lunurltill ' ladlillit; J(IVI,1 UNIJU 01. JUNV:IJANO:) UIILL •A_I.IHibull Altwt,;) upAll mil It, bLl, ubutl It! 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IMlutl L IL litlINulboll Zx : Imo I Lu J Cie poll A it;ap D AloIpit J,,p pile !it IIoW.) 111A41N Ju ) IL' .It; IAIII ut)j apAll dItill I Ulu,j, bill p11L'l ayL'1 II I p,, ILuul 1111L' I It, Ia i 1utI Pi I.IUA 1 111.1 I a:1:i '1;llblt;w t;Allil oil l '_11Ld l)Jl(J;)OJj kill) Jo 0011lut] pILH ♦F IL111 plle ..11 aIII ull.l(1 AUAlltl:) pue .1 NL1b 11 at; Iit II.UIL(I up .jIIIaHa1(1 atallI All ���LLlwRRQ pIIL 'piU;; ptlL l)a(tll!IMUCI UAL111 ' pubpu l Mull �Jou Aqu.I011 H1. Ilo I tint Ju ldldud.l ill ' lied pll"otili dill Jo I;ul I lud pl Lu 0111 Ail pled p11L'II III Ulull1 ul llul]L1ilplullu:, ulqu IIILA 1u111u pIIL' :;AVIIt)u ((lU'UIS) X (D lit 11,.1L AtiJ JaLd lu_tlJ dill Ju t;uI 1.1Ld I)ILu .I1, N.tn 6) (D II rn :II d. 'J 'J N .1. 1 M P) °l at X (D ' l.lLd plluu,ill Hill Ju Hal 11L(I 'Lill to-IL;I 1141up1 'Aluuu;J upAll it' 1 V1.IN1'1 'JJIM (INV AlluJu •:I 6VIJ(Jlltlplll! I.A ed p;.AII oil Ju uul l.aed 'L1U1fi_11A ':IIuJ1uN 1u 'SIJVL'I'ILM '(1 AiNNu11 JJIM IINV SIJVI'I'lll•1 'S 21J,I,SIII:) 11uuMluy pue Ail 'C661 'l11dV .11, AL, dill a 1111 1)!)1u I110 LAW upLu( ' (l'elJll I., 1111 Suul.i; Lui lu.1e;) Ill.IoN .1.LNI1O./ ::111.111 Ai '1al.iL11l) uuMS '(.1Z �'uu '0 Me'l lL Aull_Iu11V 'it 'aalploid 'S U.111 lull pile Ail pu_1Ldkiatl VN 1'I(121VJ ILLiII )N I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Kenneth Jennings 1065 Deep Wood Court Landowner Signat Winston Salem, NC 27104 Landowner S natur Date 0 GEORGE T. DAVIS ATTORNEY AT LAW SWAN QUARTER. N. C. NORTH CAROLINA _ HYDE COUNTY UU[IM � � � I t/l•! �)' � i THIS DEED, made this the 77th day of September , 1978, Iucy W. Cox, Widow, Robena G. Cox, Widow, Garma Starr Cox, i mmarried, W H. Cox and wife, Jane G. Cox, Murel E. Marshall and wife, Dancy W. Marshall, of the County of Hyde, State of North Carolina, Norwood B. Marshall, Unmarried, of the City of Norfolk, State of Virginia, Walter Carr Cox and wife, Sarah Frances Cox, of the County of Lenoir, State of North Carolina, and Christine Cox. Jennings, of the County of Forsyth, State of North Carolina, parties of the first part, to Kenneth B. Jem and wife istine Cox J a of the County of Forst'-M, State of North Carolina, parties of the sec part, WITN SSFIH: II WIRRFAS, Christine Cox Jennings is the owner of a one -sixth undivided interest in the lands hereinafter described. She and her husband are purchasing the interest of the other tenants in common in said land. It is the desire of the said Christine Cox Jennings that she and her husband own the entire tract as tenants by the entirety and it is for that reason that Christine Cox Jennings 'joins in the execution of this deed. NOW, TlOgFORE, the said parties of the first part, for Ten Dollere and other valuable consideration to than in hand paid by said parties of the second part, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do grant, bargain, sell, and convey unto the said parties of the second part, as tenants by the entirety, their heirs, and assigns, a certain lot or parcel of land located in the Village of Engelhard, Lake landing Township, Hyde County, North Carolina, which is definitely described as follows: Beginning in the Northeast side of U. S. Highway No. 264 where the same is intersected by the Northwest line of the R. S. Spencer Store Lot now owned by the R. S. Spencer General Store, Inc.; thence running from said beginning point in a northeastwardly direction, perpendicular to said highway and along the tbrthaaest line of said Spencer Store Lot, 112 feet, more or less, to a point now or formerly marked by a stone in the =Southwest edge of Far Creek; thence Waning in a north - westwardly direction al Far Creek and with the meander thereof, to a point now or formerly marks y a rock in the East corner of the John M. Mann lot, now owned by R. S. Spencer, Jr., and Mary Lee S. Smith; thence running in a southwestwardly direction, along the Southeast line of said John M. Mann lot to a point in the Northeast edge of U. S. Highway No. 264; thence running in a southeastwardly direction, along the Northeast side of said highway, 75 feet to the point of beginning, containing 1/8 of an Acre, more or less. Reference is hereby made to the following deeds: Deed from Samuel S. Gibbs to Thomas R. Cox dated August 13, 1857, and deed from E. M. Cox and wife to W. E. Cox dated October 15, 1909..These two deeds are of record in the Office of the Register of Deeds of Hyde County, Morth Carolina, in Deed Book 24, page 175, and Deed Book 31, page 442, respectively. I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. R. S. Spencer, Jr. P 0 Box 159 Landowner Signatuife Engelhard NC 27824 Landowner Signature Date V goux nsl197 CAROLINA IYDE COUNTY THIS DEED, made this October 1, 1971 by R. S. Spencer and wife, Elizabeth B. Spencer, of Hyde County, North Carolina, parties of the first part, to R. S. Spencer General Store Incorporated, a North Carolina corporation with its principal place of business in Hyde County,,North Carolina, party of the second part: W I T.N E. S E 9'1H: T6at,:f9rt'dnd in consideration of the sum of Ten Dollars in hand paid by the.party'o,frthe second part to the parties of the first part, and for,other.good and valuable con- siderations to them moving, the receipt of which is hereby acknow- ledged, said parties of the first part have given, bargained, sold and conveyed, and by these presents do hereby give, grant, bargain, sell and convey unto the party of the second part, its successors and assigns, those certain tract or parcels of land situate in Hyde County, North Carolina, more particularly described as follows: FIRST TRACT: All of one described piece of land in th'e Village of Engelhard, and adjoining the lands of S. S. Gibbs and bounded as follows: Beginning at a stone at the junction of Far Creek and the new road; running South with said road to the Engelhard public road; thence with said road a West course 22 feet; thence a North course parallel with the East line and new 'road to Far Creek; thence with said creek an East course feet to the beginning, containing of an acre, more or less. It being the same land conveyed by S. S. Gibbs and wife, Emaline Gibbs, to R. S. Spencer, by deed dated September 5, 1902 and recorded in Book 28, page 143 F, c of the Hyde County Records. 9�,� PAGf 1JJ8 SECOND TRACT: A certain tract or lot of land in the Village of Engelhard, Lake Landing Township, Hyde County, State of North Carolina, adjoining the lands of the heirs o T. R. Cox, deceased, and others, bounded as follows: .On the North by Far Creek, on the East by R. S. Spencer, on the South by public road leading through Engelhard to the Ridge, and on the West by the heirs of T. R. Cox, deceased, containing one quarter of an acre, more or less. It being the same land conveyed by S. S. Gibbs and wife, Emiline Gibbs, to R. S. Spencer by deed dated Juay 22, 190S and recorded in Book 31, page M of the Hyde County Records $ c. TO HAVE AND TO HOLD, said lands and premis s unto it, the party of the second part, its successors and assigns, in fee simple, together with all privileges and appurtenances thereunto belonging. And the parties of the first part covena to and with the party of the second part, its successors and ass.i that they are seized of said lands in fee and have the right to convey the same in fee simple; that the same is free and clear of fall encumbrances; and that they do hereby warrant and will forever defend the title thereto against the lawful claims of all persons lwhomsoever. IN WITNESS WHEREOF, the parties of the (first part have hereunto set their hands and seals, this the day land year first above written. l/ . Idl% 'pence Tblizabetli B. Spencer 11 P I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Jones Insurance & Realty Larry E. Jones, Jr. and* a Si n ture P O Box 360 Columbia NC 27925 Landowner Signature Date/ I } ' T It It IM NORTH CANOLINA IIYDE COUNTY THIS DKED, made this the day of rr 1956,' by C. Ullbert Gibbs, unmarried, of tN County of 11ydo, 5a% of * North Carolina, party of the first part, to Hyde County, a arunici)&JLty organized and existing under and by vlrtu66P the laws o� the State of North Clrrolins, party of the second part, WITNESSETIJI THAT SAID party of the first part for Ten Dollars and Other valuable consideration to him in hand paid by amid party of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does grant, bargain, sell and convey unto the maid party of the second part, its successors and assigns, a certain treat or paroel of land located in the Village of Engelhard, Lake Landing Township, Hyde County, North Carolina, which is definitely described accordlrig to a survey thereof mad* on the 20 day of October, 1956, ac6ording to a sketch thereof hereto attached and made a part of this deed an follows: Beginning at a 1}" galvanized iron pipe, herein- after designated as Stake No. 1, located in the marsh at the point of intersection of the follow- ing lines: line extending from the southward edge of the triangle tower of the Carolina Telephone and Telegraph Company on a course South 61 degrees 10 minutes East; line extending from the northward edge of the northward tank of the R, L. Gibbs and Company grain elevator on a course South 88 degrees East; and line extending from the center of the spiral on the steesis of the colored church on a course North 45 degrees 30 minutes East (where the following angles are subtended: tower line to grain elevator line, above described, 27 degrees 15 minutes, tower line to church steeple spiral, above described, 73 degrees 15 minutes); thence running South 87 degrees West 148.5 feet to a i" Iron stake hereinafter designated as Stake No. 2 located in the marsh at the intersection of the following lines: line extending from the north- ward edge of the northward concrete tank of the R. L. Gibbs and Company grain elevator on a course South 87 degrees 45 minutes East; line extending from the center of the chimney on the J. 0. Gibbs home now the home of Viola Selby on a course North 68 degrees 45 minutes East; and on ■ line extending from the spiral on the steeple of the colored church on a course North 33 degrees 45 minutes East (whore the following angles are subtended: grain elevator line to chimney line, above described, 23 degrees 42 Minutes, grain elevator line to church steeple spiral line, above described, 58 degrees 30 minutes); thence running South 2-degrees 10 minutes West 72 feet 4 inches to a }" iron stake, herein designated as Stake No, 3; thence running South 2 degrees 10 minutes Wost 16 feet 4 inches to the water's edge of Far Creek; thence running in an sastwardly I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden\ boardwalk along the shoreline of Far Creek across my property. George Terrell114-r4, i P X� P O Box 99 Lando r Signature Engelhard NC 27824 Landowner Signature Date C:1- r`r 00 �Vis 00 N And the said parties of the :first part do for themselves and their heirs, executors, and administrators, covenant to and with the said party of the second part, her executors, administrators,,°heirs and assigns, that they are seized of said premises 'An fee and have the right to convey the same in fee simple; that the same is free and clear of all encumbrances and that they hereby forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said parties: of the first part have hereunto set- their hands and seals the day and year first above written. 2 J S) t, cy11 (SEAL) R. S. SPRUCER, JR. (SEAL) JUD. SPEN RR (SEAL) (SEAL) STATE.OF NORTH,CAROLINA COUNTY OF HYDE I, (-I-/SJ('.lf(Jlp), a Notary Public in and f said county and state do hereby certify that R.S. SPENCER, JR. an wife, JUDY SPENCER, personally appeared before me'this day and acknowledged the due execution of the foregoing instrument. Wi ess my. hand and Notarial Seal this the LL, day of , 1987. ! \ CrJUl(J N� NOTARY PUBIC AMA, commission esFPires: rj- 1 (o- 8 c) "EfT STE OF NORTH CAROLINA ��•COUNTY PF' �e /N�� � r ' �L2� I, /'% ��� ou7 rtISL)a Notary Public in and for said cnty an state do hereby certify that MARY LEE S. THILGHMAN and husband, BOBBY TILGHMAN, personally appeared -before me this day and acknowledged the due execution of the foregoing instrument. ..I'a 11 Witness my hand and Notarial Seal this day of 87. �b"u � OTARY PUBLIC F. �, �tC,,X,, Mcommission expiresf �817 � rl ram! C.rCc,) RS CX) C\! G) ZS 0 NORTH CAROLINA Prepared.By: John S. Fletcher, II, Attorney at Law, P: O. Box 247 HYDE COUNTY STn Quarter, North Carolina 27885 li�turn To: Cynthia M. Meekins R`�P.O. Box 471, Engelhard, NC 27824 THIS DEED, made and entered into this the 1st day of July , 1987, by and between R. S. SPENCER, JR. and wife, JUDY SPENCER, MARY LEE S. TILGHMAN and husband, BOBBY TILGHMAN, now or formerly of Hyde County, North Carolina, parties of the first part, and CYNTHIA MIDGETTE MEEKINS of Hyde County, North Carolina, party of the secon part, W IT N E S S E T H: That said parties of the first part, for Ten ($10.00) Dollars and other valuable considerations to them in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents do bargain, sell, grant, and convey unto the said party of the second part, her heirs and assigns, that certain tract or parcel of land located in Lake Landing Township, Hyde County, State of North Carolina, and definitely described as follows: Beginning.:at a point in the northeastward edge of U.S. Hwy. No. 264 where the northwestward line of the W. E. Cox heirs' store lot (Now owned by Christine Cox Jennings et vir) intersects the northeastward edge of said highway; thence running along the northeastward edge of said highway in a northwestwardly direction, 32 feet to a point in the southward corner of that lot of land that is described in a deed from S. D. Spencer and wife to Rufus Williams and wife dated January 15, 1960, which is recorded in Hyde County in Deed Book 72, page 218; thence running in a northeastwardly direction, along the southeastward line of the last mentioned Williams tract, to a point in the southward or southwestward edge of Far Creek; thence running in a eastwardly or southeastwardly direction, along the south or southwestward edge of Far Cree an with the meanders iereo o a Votnt-rn--1TFe-­N`o­r--tF'or northwestward corner of the said W. E. Cox heirs' lot; thence running in a south or southwestwardly direction, along the Northwest line of said W. E. Cox heirs' lot to the point of beginning,,containing 1/15 of an acre, more or less. This is all of that tract or parcel of land that was conveyed to S. D. Spencer by L. M. Neal and wife by deed dated the day of October, 1.953, which is recorded in the Office U—the Register of Deeds of Hyde County, North Carolina, in Deed Bock 64, page 604, that remainder after S. D. Spencer and wife conveyed therefrom that parcel that is described in a deed to Rufus Williams and wife dated January 15, 1960, hereinabove referred to. See also deed from Sam D. Spencer et ux to R. S. Spencer, Jr.. and Mary Lee S. Smith Book 106, page 594. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to her, the said party of the second part, her heirs and assigns, to her only use and behoof in fee simple absolute forever. vas 133 ma f313 NORTH CAROLINA Prepared By: John S. Fletcher, II, Attorney at Law, P. 0. Box 247, Swan Quarter, NC 27885 fi PR `•� 11389 HYDE COUNTY Return To: Geo. Thomas Davis, Jr., Attorney at Law, P. O. Box 277 Swan Quarter, NC 27885 THIS DEED, made and entered into this the ry(IZZ day of March, 1989, by and between GEORGE JEFFERSON TERRELL, unmarried, of Hyde County, North Carolina, party of the first part, and GORDON WENDELL MEEKINS, JR., and wife, KAREN C. MEEKINS, oftRycle oun-cy- Wo-r-EH Carolina, part es of the secon part, 0 W I T N E S S E T H: That said party of the first part, for Ten ($10.00) Dollars and other valuable considerations to him in hand paid by the said parties of the second part, the receipt of which } is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, grant, and convey unto the said parties of the second part, their heirs and assigns, that certain tract or parcel of land located in Lake Landing Township, Hyde County, State of North Carolina, and definitely described as follows: ..� Beginning at an iron pump pipe' marker on the northeastward side of U. S. Highway No. 264 on or about the C. Gilbert Gibbs and S. H. Spencer old line; thence running in a - southeastwardly j direction, parallel with and • along the northeastward side of U. S. Highway No. 264, 48 feet to an iron pipe; thence running in a northeastwardly direction, perpendicular to U. S. Highway 264, to a point in the southwestward edge of Far Creek; thence running in a westwardly or northwestwardly rection, along the sou wes war edge of Far Creek and with i�ie meanders thereon, to point-rrom which a line running perpendicular to U. S. Highway No. 264 will intersect the northward. side of said highway at the point of beginning; thence running in a southwestwardly direction, perpendicular to U. S. Highway 264, to the point of beginning. This tract of land was conveyed to George Jefferson Terrell by Trixie M. Matthews, widow, by deed dated July 10, 1984, said deed is of record in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 121, page 658. The record of said deed is herein referred to and made a part of this description. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to them, the said parties of the second part, their heirs and assigns, to their only use and behoof in fee simple absolute forever. And the said party of the first part does for himself and his heirs, executors, and administrators, covenant to and with the said parties of the second part, their executors, administrators, heirs and assigns, that he is seized of said premises in fee and has the right to convey the same in fee simple; that the same is free and clear of all encumbrances and that he hereby forever warrants and defends Lhe title to the same against the lawful. claims of all persons whomsoever. va. 131 eu, 71A Excise Tax FILED '88 NG 5 flD 10 49 LORA E. MOONEY REGISTER OF DEEDS NYDE COUNTY, N.C. Recording 71me, Bock and Page TaxLot No........................................................................................... Parcel Identifier No..........,................................................................ Verified by ................._ . ........y;.. .,..�. ........................................................ County on the _...._...... dey ot...................... ......................... I .......... _.. 19........... by .................................................. C'x................................................................,..,........................... ............ .... ........ .... ..... ............... .... ................ �� Mail after .Carolina....27885.......... ....................................... ...... .................. ...... .................... ...... ................ .........................................................._....... This instrument was prepared by ... ,7ohn..S...F..le.tcher,..l1,..Attorney..at..Law,.P...O—Box..2k7,..Swan Quarter, Brief description for the Index I I North Carolina 27885 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED made this ..14th..... day of ..................... .May .......... .... _...____ ., 19.88.-, by and between GRANTOR THE EVERETT CORPORATION, trading as EVERETT CORPORATION, a Virginia Corporation with a place of business in Chincoteague, Virginia GRANTEE GEO_unty, RG�TERRELL, divorced, of Hyde oNorth Carolina, trading as TERRELL APPLIANCE Enter In appropriate block for each party: name, address, and, it appropriate, character of entity, e.q. corporation or partnership. The designation Grantor laid 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 valunble consideration paid by the Grantee, the receipt of which is hereby a,,%nowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, al l`hat ce�in lot or parcel of land situated in the:C!"xic..Village..of .Engelhard...............I ._..Lake..Landing..._......... Townah!t ' ..............._.....Hyde................. County, North Carolina and more particularly described as follows: Beginning in the northern side line of U. S. Highway No. 264, thence from said beci miing point North 260 56' East 31.4 feet to a stake on the North bank of the canal; thence the saw course continued 86.6 feet to a nail and two-inch disci thence the same course contirlue4 151.1 feet to an iron marker, a corner; thence South 62° 15' East 245.5 feet to the centerline of the inter- section of two ditches; thence with the centerline of one of the intersecting ditches South 240 57' West 45.8 feet to the North bank of a canal; thence with the North bank pf the said canal the following courses "stances: Sou 0 7' hest 57.8 feet; South 56e 08' West 76.2 feet; Soh+h 38° 52' West 56.7 feet, and South 09° 24' Nbst 53.3 feet to the northern side line of V S� Hi�_ja\,ray No. 264; thence with the northern side line of said highway North 730 11', Wait -].OU feetJl then e &till with the northern side line of said highway and crossing a bridge North 580 47' Wiest 69.7%et to the point of. beginning, containing 1.15 acres and being the Engelhaid Hotel lot. It is the same shoran on map, Book 99, page 444, entitled "Migelhard Hotel Lot" by David Ross Smyth, R.L.S. Subject however, to a right of way 20 feet in width across the northwesterly side of the fore- going described property, the exterior and westernmost line of said right of way being the north- westerrimst property line of the foregoing described property which runs fron that point desig- nated as "Ntmlber 7" on the aforementioned map, North 26° 56' East 269.1 feet to that point designated as "Number 8" on said map. N. C. oar A.,.. Donn No. l rJ 1976• R,,Ii.l le 1977 P....." "I •rW.uinunl roll, ll„ N. 1 Ya Al— - INI M I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Harvey B. Manny . A 2601 Sandy Valley Road Landowner -Signature / �— Virginia Beach VA 23452 J Landowner Signature Date 5TATN' OF NORTH CAROLINA COUNTY OF MARTIN 1, BEVERLY B. SWINDELL , a Notary Public in and for the State and County aforesaid, do hereby certify that SHARON B. GIBBS personally came before me this day and acknowledged that he is Secretary of PNGELPARD I)Wr.TOPM1iN'T' CORP. , a Corporation, and that, by authority duly given and as the act of the Corporation, the foregoing :instrument was signed in its name by its President, sealed with its corporate seal, and attested by himself as .:its Secretary. Witness my hand and notarial seal this 9th day of NOVENiBER 1.9 AR l / n Noi ry Public My Commission expires the 11thday of September , 19 89 NORTH CAH01JNA COUNTY The annexed certificate of a Notary PUbti.c of County, North Carolina is certified to be correct. This day of 19 REGISTER OF DEEDS ,.it sipL"ram REfON TO'.' 0 E C 1 E, 1988 1, O• SELLARS 9 DIVISION RlGllf OF WAY AGENT VVL 1 �S(1 Ph4l� �3 All INIENI' OF'TRANSPORTATION NORTH CAROLINA OEP p, O. BOX 748 �i AFIOSKIE,, N• C. 27910 LEASE COUNTY OF IIYUE 2 T1iIS LEASE, made am] entered into this the 31st day of October 1988 w Engelhard Development Corporation of Engelhard„ N. C., and - u by and between Harvey Blount Mann, Jr.. and wife, Florence Potter Malin of the City of Virginia Beach, State of Virginia, hereinafter referred to as the Lessors, and the Department of Transportation, an unincorporated agency of the State of North Carolina, hereinafter referred to as the Lessee; W I T N E S S E T H: 'THAT SUBJECT tothe teens and conditions herein set out, said Lessors do hereby let and lease unto the said Lessee that certain lot or parcel of land located in Lake Landing Township, Hyde County, North Carolina, described as follows: Bounded on the North by Far Creek or one of its tributees; East by the lards of Mrs. M. A. Matthews, fornnerly owned by S. H. Spencer; South by Highway No. 264; and West by Far Creek and the lands of R. S. Spencer, containing Orie-fourth (1/4) of an acre, more or less. And being the identical lands described in and conveyed by deed dated the Bth day of September, 1945, by C. Gilbert Gibbs, to C. W. Burrus, as appears of record in the Office of the Register of Deeds of Hyde County, in Book 60, Page 288; and also being the identical lards described in and conveyed by deed dated the 15th day of January, 1946, by R. W. Burrus and wife, Helene Burrus to Margaret M. Mann, as appears of record in the office of the Register of Deeds of Hyde County in Book 60, Page 387, said deeds and the records thereof are hereby referred to and made a part hereof for descriptive purposes. '11IE 1EM19 AND CONDITIONS OF 1111IS LEASE are as follows: 1. This lease shall begin on the 31st day of October , 19 88 and shall exist and continue to and including the 31st day of hr oher 19 93 2. The rental for the above -described property will be $500.00 annually and will be due upon the execution of this lease and will be paid one year thereafter each year for the term of this lease, said payment to be made by the Engelhard Development Corpora- tion and/or their assigns. 3. 'This lease is for the purpose of providing a picnic and/or rest area for the benefit and enjoyment of the general public, whether traveling or local, and is not to be used for any type of commercial purposes. 4. The improvements to be erected and/or constructed within the above -described area at the present time are shown on the sketch attached, hereto, and made a part hereof. This, however, is not to preclude additional improvements being erected and/or constructed on the above -mentioned property, or any deletions thereof, which in the opinion of the,Deparbrent of Transportation, are deemed necessary. 5. All maintenance deemed necessary, during the term of this lease, will be performed by and at the expense of the Department of Transportation. 6. It is understood and hgreed that the North Carolina Department of Transportation will assume full responsibility for any injury incurred on the property described above, for the duration of this lease, or any extension thereof, and will hold the Lessor _.. harmless to the extent as the Department of Transportation is authorized under the North Carolina General Statutes. 7. Upon the termination of this lease, the Lessee, the Deparbment of Transportation, shall have the right to renew this lease for a period of 5 years on the same conditions described above. (1) VOL r i-AUIL I'i B. Should the Lessee, the Department of Transportation, elect not to renew this lease, upon the termination hereof, then the lessee will give to the Lessor, in writing, thirty days notice, prior to the termination of this lease, of their intention not to renew same. In the event the Lessor elects not to renew this lease, upon the termination hereof, then the Lessor likewise will give to the Lessee, in writing, thirty days written notice, prior to the termination hereof of their intentions not to do so. 9. In the event this lease is not renewed upon the termination hereof, then the Lessee, or their assigns, shall have the right to remove any improvements which the Lessee has erected upon said lands, or allowed to be erected upon said lands, during the term of this lease. 1.0. Engelhard Develofinent Corporation joins in the execution of this lease solely for"the purpose of complying with the condition outlined in Item 2 above. There are no conditions to this lease not expressed herein. IN TESTIMONY WHERr..OF, the said Lessors have hereunto set their hands and seals and the Lessee has caused this instrument to be executed in its name by the Manager of Right of Way of the Department of Transportation, all by authority duly given, the day and year first above written. I]i elhard Develo t Cor ration yCi�� GGZ (ggEi1L) !JY nr. C BY's—s-s�-.� Earl �PPresident F'.orence 'ot er nn Attest: �k STATE OF VIRGINIA CITY OF _2a/ c N0h1 .2, ''. TP3 N. C. Department of Transportation B Y: ds�4f11�rf M1�inager oL Righ ot� f Way I , &rzreil 6. a Notary Public of said city and state, do hereby certify that-Y�z.r✓e% .(/reel` Ma.,0r1 Jd grantor, personally -ppeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial seal, this the .3/� day of r..r' j 1988. 0 / My commission expires: Notary Public STATE OF IRGINIA CITY OF L)(C)!,! a 'Notary Public of said city and state, do „„rtm herebyc ..... that•; t D7% '__E _%n Ai grantor, r e 1ai2 EN " •\ ,.Y ��—� E!__f" J personally nppeared.tic((a/�6;ia�`I(i.is day, and acknowledged the due execution of the foregoing \ r [3 ' \\\d instrutpeni �r l u s imy �,f ii 2nd notarial seal, this the day of NDVC-016 My CommlSSjp00rES: v'" (2) Notary Public i Mink by deed of even date herewith which Is or will. be of record in the Office of the R&glster of Deeds of Hyde %ounty, North Carolled, and that said C. Gilbert Gibbs now desires to grant to Hyde ounty by Uie terms of this InstrLunent perpetual eaee,nente thereon t-or thn purposs of executing and carrying out the aforesaid lmprovemer,t. NOW 'IHIIREFOitE, in consideration of the a.-m i,i' One (l.i)O) Dollar and other valuable cona.iderst.ton, paid to th& party of t);f, flrat part by the party of the second part, t1Me reeelpt u1' whit: If, hereby acknowledged, and the benefits that will result alxi " "'ue to the adjoining land of C. Gilbert Gibbs from the pro_ posed Improvement of Fur Creek from Pamlico Sound to l.ngelhard, tJot t1� Cru•olins, C. Gilbert Gibbs, does hereby grant, bargain, sell and convey unto Hyde County, its successors and assigns, the ent to onto, awaypanyeoreallrights of tthe hereinmbefo a dod.�'ibadntract,Ofrcut land as may be required for the construction and maintenance of the afore- said work or improvement or any enlargement thereof, tain the portion cttt away and removed, ae•part of and to main - the navigable waters of the United States. TO HAVE AND TO HOLD the a aid rights and easements in and to the lands above described unto Hyde t'ounty and assigns for the purposes aforesaid, forever, ' its successors And the acid party of the first part for himself and I, his heirs, executors and administrators, does hereby covenant to and with the said Hyde County that he is lawfully seized of the aforesaid rights and easements= that the same are free and clear of all encumbrances, that he has a good right to convey the same; and that he will forever warrant and defend the title to the same to said party of the second part, and its assign and demands against the lawful claims of al] persona whomsoever. has herIN WITNESS WHk;REOF, the said party of the first part IN sot h1s hand nrxi seal, the day and first above written. year t —(SEAL) NORTH CAROLINA HYDE COUNTY I' �` ' ` MLA, a Notary Public of the County of Hyde, Stag or ,I 8ro rra, o hereby certify that C. Gilbert Gibbs personally appeared befit& me this day and due execution ofttvi foregoing Easment Used. acknowledged the Witness my hand and notarial deed, thin the 1956, 1/day of L _ f.�-�.c�, V JUI'1!{ •T 7y1K1 u c MY oommlesion expiresf ',• .. .J NOTARIAL SUM. O jJ !,u ney IlortFrwnrd edge .01h f;. :;eI lvIa of I.nn 'I rrthwnrd Cot:cret., c;'. LI,9 !I`me" •1'ul,k ,C I . !.. (11 hbe .Y Co. Iinii`1•i h� ,V11tor . 't Vernier v. 1'!► i .1: k I -- I w . 161-77 \ U -„� .305 Al 1;° \P� v, 121„I cN. 2-10 E ar a tit" o y G 1-, H t3 11 V 0 'n m o ' , 'fill wnr ron ;take ' ke / 2 4 . Mitgue tf c , Maynord Meekins . Railways Lot Vernier 710_ 1ST 1; , I Uri N 11.'11 CAEJ111.I NA nyi,F: r'­IJNTV '1111:, DEED, made by nrxl between C. Gilbert SIr.Le of North Carolina, n n .ut,•'. Fe] cl,.,vnrcuuentaI i,urty -.f the nec,,nd part, G• i'il�F F `S/Ys-tl r r Al �- thin the . / dny of 1',51). 0 1 b b a , urin_iirr1.9d, oi"- i9 -?'!,unLy of Ily1e, party of the fire'. hart, ' - Irldn C•n,nrl, unit o1' the r.0 .t "1' N rrr, r :ur, V1I TNFi ;:iE 111: '11?A0 MU.- tE:AS, In the elver and Harbor Act ,t c,.,u{{reas approved 17 May 1950, provision was made fur the impruvrimuot "I' the channel in Far Creek from Pamlico soup to hngelhard, North Carolina, in accordance with the project stforth in House Document No. 770, 80th Congress, 2nd Session, subject to the condition that local interests furnish free of cost to the United Stales of America all necessary rights -of -way for the said improve- ment and, WHM EAS, in order to c4nply with the provistuns of salu act of Congress it is necessary that Hyde bounty acquire and con- vey to the United States of America a perpetual eaBenw nt on, over and upon a tract of land situated in Hyde County, SLar a of North Carolina and more particularly described as follows: Lying, being and situate on the north side of Far Creek and easterly of the small creek at the east olds of the Caruting and Oyster Plant, near Engelhard, N. G. and more particularly described as follows; Beginning at point on the east .hors line of the aforesaid small creek which is 5j feet a,ruth of the most southerly of the two northeast corners of the Canning, and Oyster Plant, thence from said beginning point S. 710 30' E. 25 feet to a 1 inch galvanized Iron pipe, thence S. 710 301 E., 432.9 feet to a 1 inch alvanized iron pipe being a total distance of 4.57.q feet, thence S, s46 45' E. 242.2 fer+ to a 1 inch galvanized iron pipe, thence S. 540 451 E, 24.8 feet to the north shore line of Ear Cxesk, being a total distance of- 267.0 feet, thence along the north shore line of FArr Creek and the east shore line of the said small creek to the point of begin- ning. Containing ar, area of 2.14 acres, more or les:.. 7Lis description is intended to refle.:t that portion of land shown on Corps of +'engineers Map entitled hight-ul'-way rs qquired for Basin At P-ngelhnrc., file No. FC 23, dated 14 June 1956. All bearings are referred to magnetic North. AND WHEREAS# the said treat of land Is needed In the construction of the aforesaid improvement. AND WHEREAS, C. Gilbert Gibbs, party of the first Fart, to the owner of the above described tract of land included within the boundaries of the area required by said right-of-way except for that small partial thereof that has been conveyed by C. Gilbert Gibbs to Hyde County in fee sidlple to be used as a public dock uu>r i�7 Inl, l li; Register's Office of Hyde Count North Carolina, , In Deed book 63, between pages �62 - 463. V e The lands being hereby conveyed and the lands Included in said right of way are a p„rt of ° that tract of'land that was conveyed by :,. S. Mann, Coomissloner,.to Close Gibbs by deed dated September 26, 1910, which Se of record In the Office of the Iiegister of Deeds of Hyde County, North Carolina, in Deed Hook 35, page 276. This land descended to C. Gilbert Gibbs by inherltanoe, he now being the only surviving child of Clogs Gibbs, deceased. TO HAVE AND 10 HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging or in any wise thereunto appertaining unto it, the said party of the second,part, its successors and assigns, qo its Only use and behoof in fee simple absolute forever. AND THE SAID party of the first part does for himself and his heirs, executors and administrators covenant to and with RI the said party of the second part, its successors and assigns,. that he is seised of said premises in fee and has a right to con- vey the same in fee simple; that the same are free and ol"ar from all encumbrances and that he does hereby forever warrant and will OJ forever defend the title to the same against the lawful claims of of all praoa■ whomsoever. v� IN TESTIMONY WHEREOF,the said party of the first part o, has hereunto, eat his hand and seal, the day and year first above �I written. �. / Ti %fYc/ /!i ( SEAL ) �3 ;! NOR7R CAROLINA t 5 HYDE COUNTY s countyof H'de 5�a a Notary Public of the . o ��or aro na, do hereby c ortify that 0. Gilbert do personally appeared before me this day and s acknowledged the due execution of the 1b regoing dead. ),I. & Witness hand and notarial seal, this the, % day of y _ NorMMsi o Dry Public •,t ,.•tµ �'�y":Commie al OA expirest ii•�;� JG 1)I C)I \Ir Ihr• : , . �rmi„ � fr.d� n ,� n Oily direction along the northward edge of Far t'rssk and with the meanders thepoint In the roof to a we ter In idge of Far Creek; thane• running North 2 degrees 10 minutes East 12 feet and 5 Inches to a J" iron stake herein designated as Stake No. 4 (Stake No. 4 is located 148.5 feet on a course South e9 de gross 30 minutes Ear:t from Stake No, 3 supra ; thence running North 2 degrees 10 minutes East 0.5 feet to the point of beginning, ing.305 acres, more or less, contain - And also an easement or right of way to be used ea a means of ingress and egress over that strip to and fray said lot Of land them in described an f3llowe; Beginning at a point in the Southwest edg Street 30 feet from the center hereof e of Hill tm�sauring at right angle and to where the Southwest edge of Hill Street in intersected by the westward line Of the runnin TSou athridge Tex Sao Station lot; thence lin• or said T1 Jdegree■ past along the westward 202 fast to a Ethridge lot approximately Point in the eastward corner of the aanorthweetwardlitailway0 lot, thence running in line of said MeekinsrRailwa s ection lott 1the Northeast Point in the northward corner of said Msekins a Railways lot, southweatwardl thence running in a on to an iron stakeddesignatedpas StakesNo. 1115 inet the beginning corner of the tract being hereby conveyed, thence running in a westwardly direction along the northward line of the lot being hereby conveyed to a point; thence running in s north_ eaetwurdly rection parallel with aryl 30 feet approximately to the last mentioned line approximately 242 feet to a point 30 feet from the northward corner of ■aid '"eekins Hallways lot; thence running in a southsastwardly direction parallel with and 30 feet Northeast from the Northeast line of said Meekins Railways lot oa from thewestward line of theoabove0referredutfeet aweet T' J. Ethridge Texaco lot, measuring at right angles thereto; thence running North 17 degrees West parallel with and 30 feet from the westward line of said T. J. Ethridge Texaco Station lot to a point in the Southwest edge of Hill Street; thence running South 57 degrees Beet along the Southwest edge of Hill Street to the point of beginning. The survey courses used in describing this right of way were determined by reference to a °1aP of the N. 0. Gibbs Tovn of Engelhard Lots Prepared by T. B. Shallington, surveyor, under data of January 11, 1946, e�h ieh is recorded in the August 5, 1996 Engelhard Development Corp P. O. Box 342 Engelhard, NC 27824 Dear Sir 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. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and 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. 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, P.O. Drawer 11666, Raleigh, NC 27611, (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 would be 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. Very sincerely, John R. Parker, Jr. Major Permits Processing Coordinator JRP.jr/amw Enclosure P.O. Box 27687, ��,FAX 919-733-1495 N Raleigh, North Carolina 27611-7687 �CAn Equal Opportunity/Affirmative Action Employer \ Voice 919-733-2293 50% recycled/10% post -consumer paper ■ I APPLICATION TRANSMITTAL/PROCESSING RECORD A) Applicant: Engelhard Development Corporation County: Hyde Location of Project: Off US 264 adjacent Far Creek in Engelhard Date Application Received Complete by Field: 30 May 1996 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: J. Schaffer 2 rict Office: Washington 1 1 District Manager Revie O i996 �, N B) Date Application Received in Ralei JON 10 Fee Rec'd: $� � La,EN1 Public Notice Rec'd: �,\ MpNpG En Notice Date: 7 �q6 Adj. Rip. Prop Notices Rec'd: V <l�9 y Deed Rec'd: Application Assigned to: 144 Ql on U— V -9 6 C) 75 Day Deadline: '13- 96 150 Day Deadline: Q Mail Out Date: State Due Date: Federal Due Date: Fed. Comments Rec'd on / cfi�rTfl I �1G O�y7S/ Permit Final Action: Issue Deny Draft on d] AGENCY DATE COMMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office Division of Comm. Assistance _ I Land Quality Section - Q Div. of Env. Management �_ 17,C46 State Property Office 30 96 Div. of Archives & History"ta 46 Div. of Env. Health 7— Div. of Highways Wildlife Resources Commission IG - gG Div. of Water Resources Div. of Marine Fisheries 7 -ZZ-QL �- 71-y6 `uG State of North Carolina Department of Environment, Health and Natural Resources JA Division of Coastal ManagementJames B. Hunt, Jr., Governor Jonathan B. Howes, Secretary E H N FR Roger N. Schecter, Director MEMORANDUM TO: John Parker THROUGH: Terry Moore FROM: Jeff Schaffer Z?.% DATE: 3 June 1996 SUBJECT: Engelhard Development Corporation Major Permit Application After reviewing Subchapter 7H.0205, .0206, .0207 and .0208, I conclude that the proposed construction of the boardwalk is consistent with these AEC guidelines. If the project is permitted, I recommend the following conditions be added to the permit: 1. The maximum width of the boardwalk footprint will not exceed 7 feet. 2. Prior to any construction activities, the alignment of the boardwalk shall be approved by a representative of this Division. or 3. Prior to any construction activities, the applicant is required to arrange for a preconstruction conference to discuss conditions of the permitted activity. 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 project without having the permit transferred to a third party. 5. Future development at the project site may require a modification of this permit. Contact a ` representative of this Division at (919) 946-6481 prior to commencement of any such activity for this determination. If you have any questions, please call me at (919) 946-6481, extension 299. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 60%recycled/10%post-consumer paper MEMORANDUM TO: Jeffrey Schaffer FRO John Crew DATE: 6 June 1996 SUBJEC : Engelhard Development Corporation: Construction of 1,314' by 7' Boardwalk in Engelhard, Far Creek, Hyde County This proposal at the above referenced site includes a wooden boardwalk for the stated purpose of providing public access to the waters of Far Creek. AECs involved include Estuarine Water, Public Trust Area and Far Creek is designated as a primary nursery area. The accompanying documents submitted by the Albemarle RC&D council note easements from individual property owners are needed behind their properties. Also noted is total project costs of $178,000 for Phases I -IV and project administration. The proposal comes under the auspices of the May 1992 CRC certified Hyde County Land Use Plan update. That plan offers the following guidance on proposals of this type: County policy on tourism (page IV-14) notes: "(a) Hyde County will support projects that will increase public access to shoreline areas." "(e) Hyde County supports development of the Engelhard and Swan Quarter harbors as community focal points and tourist attractions. Visual and pedestrian access to the harbors should be improved. Specific site plans should be developed to address public and private improvements. The key elements of the plan will include:... removal of all abandoned or sunken vessels . . . development of a shoreline access site . . development of a public parking lot ..." County discussion of the relationship of policies and land classification (page III-2) note the Conservation class, by definition, includes all AECs and uses permitted within are subject to those included in 15A NCAC 7H. The constraints to development portion of the plan includes an exhaustive discussion of AECs under the Fragile Areas section (pages I-43 - I-46). Within this section the county notes that only those uses permitted by the state will be allowed. No local, more restrictive discussion is noted. The county's land classification map (page III-3) notes the AEC portion of the proposal is in the Conservation class by definition and the "upland" portion is in the Developed land class. The Conservation class permits only those uses allowed under applicable AEC standards and the Developed class acknowledges the whole range of urban land uses and necessary support services will be provided. MEMORANDUM 6 June 1996 Page 2 My opinion is if this proposal can be accomplished in accordance with applicable AEC standards, it would not be inconsistent with county policy on AECs. Also, once meeting those standards, the proposal will help carry out county policy for public access in the Engelhard area, and thus would not be inconsistent with county policy. The proposal is not inconsistent with the land classification for the area, cc: Preston Pate &46hn Parker State of North Carolina Department of Environment, Health, and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor A74LJ p Jonathan B. Howes, Secretary � E H N �i Bruce L. Freeman, Director 25 July 1996 MEMORANDUM TO: John R. Parker, Jr. DCM Major Permits Processing Coordinator FROM: P.A. Wojciechowski JX SUBJECT: CAMA/DREDGE & FILL Permit Application Engelhard Development Corporation Attached is the Division's reply for the above referenced project. If you have any questions, please don't hesitate to contact me. PAW/bc tfp�y?c%yr�9�6 P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper A , State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce Freeman, Director MEMORANDUM TO: John Parker THROUGH: Katy West 9l�G/ FROM: Gregory Judy DATE: 14 June 1996 SUBJECT: Construction of a wooden boardwalk along Far Creek, Engelhard Development Corporation The following comments by the North Carolina Division of Marine Fisheries (NCDMF) on the subject permit are offered pursuant to G.S. 113-131. The NCDMF approves the proposed project with the following stipulation: A construction moratorium be required April -September. Far Creek is a designated Primary Nursery Area (PNA) and a moratorium will lessen potential impacts on juvenile finfish and crustaceans. vnlr A 6OAd... A 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-946-3967 An Equal opportunity Affirmative Action Employer 50% recycled/ 10% postconsumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 5 June 1996 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries FROM: John R. Parker, Jr. Major Permits Processing Coordinator �r E) FEE HNFIt' SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Engelhard Development Corporation Project Location: Off US 264 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a ±1,314 sq. ft. long by ±7' wide wooden boardwalk along Far Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 26 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is 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 proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed Date /,—/ 17'/ 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 ` An Equal opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper in State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 20, 1996 MEMORANDUM TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker A 0011' [DEHNFR uM 2 41996 DMF-PUB. TR./SUBLANDS Major Permits Processing Coordinator 12 1, SUBJECT: CAMA/Dredge and Fill Permit Application Review Q JUL 3 1996 APPLICANT: Engelhard Development Corporation COASTAL to MANAGEMENT PROJECT LOCATION: Off US 264 adj. Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a wooden boardwalk along Far Creek. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY • _ There are no known public trust conflicts with the project location ordesig - There appear to be public trust conflicts that require additional investigation. Approximately days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate public trust conflicts, as discussed in the attached memo. Signed Date ZV>- s✓A?G a-,. C,no rt 4rir':nJ 4h� /1�/E/CO Sw/6.G'j//"Tr Doc w,.+d�-� f"�' •L`'�✓GCL /i.�r.Qtl �K li4'L✓rn.£�7 •Cdic�o _S S�Y4M 5.5ti�ie 3 P.O. Box 27687, � FAX 919-733-1495 Raleigh, North Carolina 27611-7687 N%qf Cf An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper MEMORANDUM Division of Water Quality July 17, 1996 To: John Parker DCM/Raleigh _ From: Tim Mulligan, Regional Supervisor( Subject: CAMA Major Permit Application Review Comments Project #FY97-002-C E evelopment Company y e County The above subject project has been reviewed by this office. There is no fill proposed by the applicant in waters or wetlands therefore there is no Section 401 required. Review of this project for a determination of whether water quality standards will be violated has been made and a determination made that there should be no violation of the State water quality standards if the project is constructed as proposed. This office has motions to the issuance of the CAMA Major Permit. If you have any questions or comments, please call this office at (919)946-6481. Thank you. cc: Deborah Sawyer John Domey WaRO File Central File /r C UgUq ' 419F96 "�� yr State of North Carolina Department of Environment, Health and of Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM I �: 36A C111 IJAC I�il June 20, 1996 Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program John Parker, Jr. Major Permits Processing Coordinator IDEHNR CAMA/DREDGE & FILL Permit Application Review APPLICANT: V'jpgelhard Development Corporation PROJECT LOCATION: Off US 264 adj. Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a wooden boardwalk along Far Creek. Please indicate below your agency's position or viewpoint on the proposed and return this form by July 11, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. `11111111k� 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]A)S1 . k�k} r.,wDate 7�11-kip P.O. Box 27687, FAX919-733-1495 N%`* Raleigh, North Carolina 27611-7687 *' An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, 6 Health and Natural Resource Marra rtiERr Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary 6 E H N FR Roger N. Schecter, Director REC _ r J 5 June 1996 WASHINGTEi OFFICE JUN 0 71996 MEMORANDUM M L m RECEI TO: Mr. A. Preston Howard, P.E., Director ? Division of Environmental Management SUN 1 0.1996 FROM: John R. Parker, Jr. ENVIROryMEN'A, SCIENCES Major Permits Processing Coordinator SUBJECT: CAMA/Dredge and Fill Permit Application Review Applicant: Engelhard Development Corporation Project Location: Off US 264 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a ±1,314 sq. ft. long by ±7' wide wooden boardwalk along Far Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 26 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY _�4 This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described IL in the attached comments. Signed Date —� 1424 Carolina Avenue. Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources • Division of Coastal Management James B, Hunt, Jr., Governor �+ Jonathan B. Howes, Secretary ID E H N F1 Roger N. Schecter, Director 5 June 1996 h� I �hS r�] t7�►`I IIil31 TO: Mr. William McNeil, Director Division of Community Assistance FROM: John R. Parker, Jr. �� JU'�fl�/�0 Major Permits Processing Coordinator NZ9 )g96 SUBJECT: CAMA/Dredge and Fill Permit Application Review � %1ANgg��ENT � a Applicant: Engelhard Development Corporation g 5 Project Location: Off US 264 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a ±1,314 sq. ft. long by ±7' wide wooden boardwalk along Far Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 26 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY v This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described i e attached comments. __7e�o Signed Date 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 60%recycled/10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B, Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 5 June 1996 MEMORANDUM TO: Mr. Charles Gardner, Director Division of Land Resources IDFEE HNFI FROM: John R. Parker, Jr. v � RECEiVEU Major Permits Processing Coordinator JUN 1-01996 w SUBJECT: CAMA/Dredge and Fill Permit Application Review MAi EMEN1 Applicant: Engelhard Development Corporation cp '0 < 9 Project Location: Off US 264 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a ±1,314 sq. ft. long by ±7' wide wooden boardwalk along Far Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 26 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is 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 proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described attached comments. L Signed Date z 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director TO: FROM: SUBJECT: June 20, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator 1� •�' EDEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: development Corporation PROJECT LOCATION: Off US 264 adj. Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a wooden boardwalk along Far Creek. Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY ` / This agency has no objection to the project as proposed. V 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 age y ob' cts to the project for reasons described in the attached comments. ZSigned Date P.O. Box 27687, N ��� FAX 919-733-1495 Raleigh, North Carolina 27611-7687 r An Equal Opportunity/Afflrrnative Action Employer Voice 919-733-2293 RfAR7!*a►! 50% recycled/10% postconsumer paper State of Norlallral rolina Departmenvironment, Health and Resources �•. !7 41,Division of Coanagement` V1 James Hunt, Governor J°'E p E H N FR 11 Jonathan B. Howes, Secretary Roger N. Schecter, Director ,' i pp��qq IW1unFe 20, 1996 iv 1, MEMORANDUM TO: Ms. Linda Sewall, Director Division of Environmental Health FROM: John Parker, Jr. Major Permits Processing Coordinat4 Of ENWfRONMENTAL HEALTH SUBJECT: CAMA/DREDGE & FILL Permit Application Review (�Mkv APPLICANT: • �ngelhard Development Corporationaol 3.01996 ROJECT LOCATION: Off US 264 adj. Far Creek in Engelhard, Hyde Co.I E?iL PROPOSED PROJECT: To construct a woode boardwalk along Far Creek. :c 9 Please indicate below your agency's position or viewpoint on the proposed project and return this y July 11;1906. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. • 4 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 a / / Date % /rf P.O. Box 27687, MC FAX 919- rmati 95 Raleigh, North Carolina 27611-7687 An Equal Opportunity/AfflrmatNe Action Employer Voice 919-733-2293 50% recycled/10% post -consumer paper r State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 5 June 1996 AILF19 —y ATA JUN 10 1996 MEMORANDUM SHELLFISH SANITATION BRANCH TO: Ms. Patti Fowler, Environmental Health Program Specialist + Shellfish Sanitation Section RECENE0 JUL 101996 FROM: John R. Parker, Jr. Np CUMW Major Permits Processing Coordinator ,a SUBJECT: CAMA/Dredge and Fill Permit Application Review < 9 5 Applicant: Millelhard Development Corporation Project Location: Off US 264 adjacent Far Creek in Engelhard, Hyde County, North Carolina Proposed Project: To construct a ±1,314 sq. ft. long by ±7' wide wooden boardwalk along Far Creek. Please indicate below your position or viewpoint on the proposed project and return this form by 26 June 1996. If you have any questions regarding the proposed project, please contact Jeff Schaffer at 946-6481. When appropriate, in-depth comments with supporting data is requested. REPLY This office has no objection to the project as proposed. po This office has no comment on the proposed project. This office approves of the proposed project only if the recommended changes are incorporated. See attached. This office objects to the proposed project for reasons described in the attached comments. Signed -r ls—�-�--- Date 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal opportunity Affirmative Action Employer 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 20, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: John Parker, Jr. Major Permits Processing Coordinator EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Engelhard Development Corporation PROJECT LOCATION: Off US 264 adj. Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a wooden boardwalk along Far Creek. RECA Ep JUL 311996 WAS AL MANAGEMENT Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11,1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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 � Date / Jo � P.O. Box 27687, y FAX 919-733-1495 � Raleigh, North Carolina 27611-7687 N�.� An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 7! 50% recycled/10% post -consumer paper 1w State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director June 20, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator 1' •�' EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Engelhard Development Corporation PROJECT LOCATION: Off US 264 adj. Far Creek in Engelhard, Hyde Co. PROPOSED PROJECT: To construct a wooden boardwalk along Far Creek. JUN 211996 Please indicate below your agency's position or viewpoint on the proposed project and return this form by July 11, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. 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 �` Dateell s fV�O �a pUG P.O. Box 27687, W, FAX 919-733-1� Raleigh, North Carolina 27611-7687 Niq CAn Equal Opportunity/Affirmative r Voice 919-733-2293 I777rlfZT r750% recycled/10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Engelhard Development Corporation 2. LOCATION OF PROJECT SITE: Off US 264 adjacent Far Creek in Engelhard, Hyde County, NC Photo Index - 1995: F7, F6, G6, G5, G4, H4 1989: NA 1984: NA State Plane Coordinates - X: 2,893,200 Y: 653,600 (Engelhard East Quad - Lower Left Corner) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/30/96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 5/30/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Developed - Land; Conservation - Water (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic Tanks Planned - NA (F) Type of Structures: Existing - Commercial buildings, bulkheads, piers, public restroom. picnic shelters Planned - Wooden boardwalk (G) Estimated Annual Rate of Erosion: NA Source - NA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands t120 ft2 (Coastal) (Shaded) (B) Non -Vegetated Wetlands f9,198 ft2 (Creek Bottom) (Shaded) (C) Other (D) Total Area Disturbed: .21 acre - (E) Primary Nursery Area: Yes (F) Water Classification: C Sw Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a t1,314 ft long by f7 ft wide wooden boardwalk along Far Creek Engelhard Development Corporation Construction of a wooden boardwalk Engelhard, Hyde County Project setting The project site is located in Hyde County on US 264 adjacent Far Creek in Engelhard, North Carolina. The area of the project site begins at the western boundary of the NCDOT rest area and proceeding downstream along the southern shoreline of Far Creek, behind various businesses, to its intersection with the US 264 bridge (see Sheet 2 of 5 of the attached plats). The vegetation on the project site consists primarily of Bermuda grass with some myrtles and fescue interspersed. A f3 ft wide by ±40 ft long fringe of coastal marsh is located behind the Hair Care Shop and consists of Scirpus snn., and Distichlis spicata: This area of Far Creek is a Public Trust Area classified as C Sw waters by the Environmental Management Commission. Far Creek is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries but is closed to harvesting shellfish. Project description The applicant is proposing to construct a f 1,314' long by f7' wide wooden boardwalk along the south side of Far Creek. The purpose of the proposed project is to provide public access to the waters of Far Creek. Anticipated impacts The proposed project will result in the shading of f9,198 square feet of creek bottom and ±120 square feet of coastal wetlands. The installation of the pilings may result in short term, localized turbidity. Jeffrey R. Schaffer - 3 June 1996 Washington Regional Office ENGELHARD, FAR CREEK BOARDWALK PROJECT HYDE COUNTY RC&D Measure Plan Measure Number 37-6005-095-223 Sponsored by Albemarle RC&D Council Town of Engelhard Hyde County Board of County Commissioners Hyde County Soil and Water Conservation District FEBRUARY 1996 PLANNING AREA AND A. The Planning Area The measure planning area is Hyde County and, in particular, Far Creek in the town of Engelhard which is located on Highway US 264 east of Swanquarter. This area provides boaters and commercial fishermen access to an important fishing industry and recreation area. The project measure area is located in the southeastern section of the Albemarle RC&D Project. Hyde County has no large towns and water related activities are very important to the economy. Hyde County is also one of the Governor's Coastal Initiative communities. B. Evaluation of Resource Capabilities The project measure area is used for commercial and sportfishing. The harbor has been dredged for large trawler access and therefore has some deep water areas. The project area is also very near the Pamlico Sound which receives thousands of pleasure craft yearly. The problem in the planning area is a lack of interaction with the water by the general public and traveling tourists. A boardwalk is needed along the shoreline of Far Creek to provide this interaction. At present there are businesses between the street and the creek. They have agreed to provide easements behind their buildings to construct this boardwalk. The removal of the abandoned pilings has taken place and will provide safe and unobstructive navigation thus increasing recreational opportunities. Recreational opportunities would also increase due to the improved aesthetics of the downtown area on the water and a public access area. II. PLANNING OBJECTIVES A. Sponsor's Objectives The sponsors' primary objective is to provide the people of Hyde County and surrounding areas with a better quality recreation environment. The natural resources are adequate to fill all of the water -based recreation potentials. Finally, the sponsors have an objective to improve the aesthetics of the Engelhard downtown area. III. INSTALLATION OF A SELECTED PLAN This project measure requires installation of a structural measure and other works of improvement. In order to proceed with the work, permits will be secured from the Corp of Engineers and the North Carolina Division of Coastal Management. A. Installation Costs Cost for the project includes approximately $25,000 for Phase I to remove and dispose of pilings and rubble along the shoreline, another $100,000 for Phase II to clean up and provide public access, $20,000 for Phase III cleanup and public access, $20,000 for Phase IV nature trails, bridge, and final cleanup, and approximately $13,000 for administration of the contract and supervision. B. Method of Financing The principal sponsor, Hyde County, will supply its share of the funds from various sources and in -kind labor, administration, and equipment. The Division of Water Resources has provided funds for two-thirds of the cost of r• piling removal and one-half the cost of boardwalk construction from appropriations to the Civil Works program. C. Land and Water Rights Land and water rights are the responsibility of the local sponsors. Construction permits are needed from the state of North Carolina and the Corp of Engineers. D. Contracting and Procurement The measure will be installed by contract. It will be administered by the measure sponsor. IV. OPERATION AND MAINTENANCE The County of Hyde will be responsible for the operation and maintenance of the improvements installed. G. Samuel Cox, Chairman Albemarle RC&D Council A DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 TrENTO ATION OF June 24, 1996 ATTEN Regulatory Branch Action ID No. 199604678 and General Permit No. 197800056. Engelhard Development Corporation Post Office Box 342 Engelhard, North Carolina 27824 Gentlemen: Through coordination with the North Carolina Division of Coastal Management, we have learned of your plans to construct a wooden boardwalk along the southern shoreline of Far Creek, within the Town of Engelhard, Hyde County, North Carolina. The purpose of the boardwalk is to provide public access to the waters of Far Creek. On January 1, 1994, we renewed General Permit No. 197800056, (copy enclosed) that authorizes the maintenance, repair, construction, and installation of piers, docks, boathouses, boatshelters, mooring pilings, dolphins and jetties in navigable waters of the United States in the State of North Carolina. Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. If you have questions, contact Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished (without enclosure): Mr. John Parker D' ision of Coastal Management rth Carolina Department of Environment, Health and Natural Resources f,{SOL9� Post Office Box 27687€� Raleigh, North Carolina 27611-76S7 Mr. Terry Moore >, Washington Regional Office 9 North Carolina Division of Coastal Management 1424 Carolina Avenue Washington, North Carolina 27889 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1: APPLICANT'S NAME: Engelhard Development Corporation 2. LOCATION OF PROJECT SITE: Off US 264 adjacent Far Creek in Engelhard, Hyde County, NC Photo Index - 1995: F7, F6, G6, G5, G4, H4 1989: NA 1984: NA State Plane Coordinates - X: 2,893,200 Y: 653,600 (Engelhard East Quad -Lower Left Comer) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/30/96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 5/30/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Developed - Land; Conservation - Water (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic Tanks Planned - NA (F) Type of Structures: Existing - Commercial buildings, bulkheads, piers, public restroom. picnic shelters Planned - Wooden boardwalk (G) Estimated Annual Rate of Erosion: NA Source - NA W HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ±120 ft2 (Coastal) (Shaded) (B) Non -Vegetated Wetlands ±9,198 ft2 (Creek Bottom) (Shaded) (C) Other (D) Total Area Disturbed: .21 acre (E) Primary Nursery Area: Yes (F) Water Classification: C Sw Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a ±1,314 ft long by ±7 ft wide wooden boardwalk along Far Creek Engelhard Development Corporation Construction of a wooden boardwalk Engelhard, Hyde County Project setting The project site is located in Hyde County on US 264 adjacent Far Creek in Engelhard, North Carolina. The area of the project site begins at the western boundary of the NCDOT rest area and proceeding downstream along the southern shoreline of Far Creek, behind various businesses, to its intersection with the US 264 bridge (see Sheet 2 of 5 of the attached plats). The vegetation on the project site consists primarily of Bermuda grass with some myrtles and fescue interspersed. A f3 ft wide by ±40 ft long fringe of coastal marsh is located behind the Hair Care Shop and consists of Scirpus son., and Distichlis spicata. This area of Far Creek is a Public Trust Area classified as C Sw waters by the Environmental Management Commission. Far Creek is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries but is closed to harvesting shellfish. Project description The applicant is proposing to construct a f 1,314' long by f7' wide wooden boardwalk along the south side of Far Creek. The purpose of the proposed project is to provide public access to the waters of Far Creek. Anticipated impacts The proposed project will result in the shading of f9,198 square feet of creek bottom and ±120 square feet of coastal wetlands. The installation of the pilings may result in short term, localized turbidity. Jeffrey R. Schaffer - 3 June 1996 Washington Regional Office DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Engelhard Development Corporation 2. LOCATION OF PROJECT SITE: Off US 264 adjacent Far Creek in Engelhard, Hyde County, NC Photo Index - 1995: F7, F6, G6, G5, G4, H4 1989: NA 1984: NA State Plane Coordinates - X: 2,893,200 Y: 653,600 (Engelhard East Quad -Lower Left Comer) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/30/96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 5/30/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP , Developed - Land; Conservation - Water (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic Tanks Planned - NA (F) Type of Structures: Existing - Commercial buildings, bulkheads, piers, public restroom. picnic shelters Planned - Wooden boardwalk (G) Estimated Annual Rate of Erosion: NA Source - NA 7 P HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands ±120 ftz (Coastal) (Shaded) (B) Non -Vegetated Wetlands ±9,198 ftz (Creek Bottom) (Shaded) (C) Other (D) Total Area Disturbed: .21 acre (E) Primary Nursery Area: Yes (F) Water Classification: C Sw Open: No PROJECT SUMMARY: Applicant proposes to construct a ±1,314 ft long by ±7 ft wide wooden boardwalk along Far Creek Engelhard Development Corporation Construction of a wooden boardwalk Engelhard, Hyde County Project setting The project site is located in Hyde County on US 264 adjacent Far Creek in Engelhard, North Carolina. The area of the project site begins at the western boundary of the NCDOT rest area and proceeding downstream along the southern shoreline of Far Creek, behind various businesses, to its intersection with the US 264 bridge (see Sheet 2 of 5 of the attached plats). The vegetation on the project site consists primarily of Bermuda grass with some myrtles and fescue interspersed. A f3 ft wide by ±40 ft long fringe of coastal marsh is located behind the Hair Care Shop and consists of Scirpus snn., and Distichlis spicata. This area of Far Creek is a Public Trust Area classified as C Sw waters by the Environmental Management Commission. Far Creek is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries but is closed to harvesting shellfish. Project description The applicant is proposing to construct a f 1,314' long by f7' wide wooden boardwalk along the south side of Far Creek. The purpose of the proposed project is to provide public access to the waters of Far Creek. Anticipated impacts The proposed project will result in the shading of f9,198 square feet of creek bottom and ±120 square feet of coastal wetlands. The installation of the pilings may result in short term, localized turbidity. Jeffrey R. Schaffer - 3 June 1996 Washington Regional Office Form DCM-MP-1 s��,Jyc 79V APPLICATION (To be completed by all applicants) b. City, town, community or landmark Engelhard 1. APPLICANT a. Landowner: Name Engelhard Development Corporation Address P 0 Box 342 City Engelhard - State NC Zip 27824 Fax b. Authorized Agent: Day Phone (919) 926-4041 Name Tommy Etheridge Address P 0 Box 65 City Engelhard State NC Zip 27824 Day Phone (919) 925-4301 Fax c. Project name (if any) Engelhard Far Creek Boardwalk NOTE: Perndt will be issued in name of landowner(s), mid/or projea M . 2. LOCATION OF PROPOSED PROJECT a. County Hyde c. Street address or secondary road number US 264 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Far Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel; marina, bulkhead, pier, and excavation and/or filling activities. Wooden Boardwalk b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Public 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. A wooden boardwalk will be constructed alone the southern shore - to provide public access to the waters of Far Creek. Wooden pilings will be driven and/or washed down. Revised 03/95 Form DCM-MP-1 11 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract 1314 feet total length b. Size of individual lot(s) see site elan c. Approximate elevation of tract above MHW or NWL . 3.0: feet d. Soil type(s) and te; ur.{s).of tract Brookman loam overlain with fill e. Vegetation on tract grass f. Man-made features now on tract buildings g. What is the CAMA Land Use Plan land classification of the site? (Consult the loci rand use Pia,.) Conservation Transitional _ CL Developed Community Rural Other h. How is the tract zoned by local government? None i. Is the proposed project consistent with the applicable zoning? Y-ZE Yes No (Attach zoning wnwHance artificare, ifappiicable) j. Has a professional archaeological assessment been done for the tract? Yes X No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or eligibla pmrerty? Yes - X No 1. Are there wetlands on the site? X Yes —No Coastal (marsh) Other X If yes, has a delineation been conducted? No (Attach dowmentaion, if available) in. Describe existing wastewater treatment facilities. 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.) N/A o. DPsN�Abe existing drinking water supply source. 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 03/95 Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater 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 R S Spencer, Jr. Address P 0 Box 159, Engelhard, NC 27824 Phone 919-925-4591 Name Charlotte Neal Address P 0 Box'30 , Engelhard, NC 27824 Phone 919-925-4041 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. None • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • R, signed ATEIC hazard rv.l for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 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. 6. CERTIFICATION AND PERMISSION TO ENTER Otti 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 i day of �Yk 19-S�, Print Name Tommy Etheridge Signa re --- Zandowner or A 'zed Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ 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-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) (1) _ Commercial Xl Community _ Private (2) Number 1 (3) Length 1314 feet (4) Width 7' (5) Finger Piers _ Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 0 (8) Proximity of structure to adiacent riparian property lines adjacent to (9) Width of water body 30' - 40' (10) Water depth at waterward end of pier at MLW or NWL 4.0' b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or (3) wetlands _ Maximum wetlands distance beyond MHW, NWL or e. Mooring buoys (1) _ Commercial _Community _ Private (2) Number (3) Description of buoy (Color, inscription, size, anchor, etc.) (4) Width of water body (5) Distance buoy(s) to be placed beyond shoreline f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. other (Give campiere description) Engelhard Development Corporation Applicant or Project Name P.U. - Stgmture L Date Revised 03/95 1"ie'l Au UndmnrK5 1. Mo}el z ail". D'Sl" P,e54 laren. 5 tk1'i' Cole. Srcl7 ra Pn�lqut, S�+e. 1 W(]R.S. 5Q�I tCCYS �01��-� Siot C_ 8 (�I ,ter S\-op WI\� �j�nvP3C �u•.1ct;1\� to C.u,lixl-S ci.i;»S Sio1C_ IUa Slovo9e E.uttdlr�. tt t Boris Vtdwo 5}[n •_ J Gnp c Pnco•, /I -&—% V4nxs = R..4 Pv, (Sb4 3_S.m.y Pbu.i�`.Ok.yC 7�W� I� o 4o 6oa Ie, Enle_lhaYA ( FAr CrcP-V- 13001dwalK S hee. - O i- 5 5 /i1CI6 9/0 i/ t/ib' E hc1e � V cl / F A-r Cree.K Soap anrK- .Scale I" = I'-D " Shee, 3 4 S Drow✓i y W , tdknsen 1�Gt� S/i/9L 5IM P50,V z-MAX /iNcNoR5 2, 112 4. 'Rol -Ts L410,G. UlhsHF-RS Scale I"_ /'-D" 514 x 6 TRn. DECKIW , +2.6 TKTD. 2 x 6 /J." O.C. 2 TRTD, 6 x 6 x vari46/e IMIN- PF.NE7AA7-1ON 61FLOw CRADE S' E r\ge,k ho.d I FAr crc-eJV- K Skee_ • ... I p-r m1 S y RAum BY: RaJ,4 <' Lfi• II%SD✓1 D14TC-! s/1/9� TOZTD.2x4 RRIc TRTID, 9k6 pIl.iff_ RTP , 2 x? c4 P RA I L Sc'deI"= P -o i 6 I a4MES%c H,-D, CAL MN/2ED NA 1 LS >= nee hid FAr eve k ra.,d w a IK DraLd'i 1ze�y<y w.Ta.h. S. „ Deft ENGELHARD, FAR CREEK BOARDWALK PROJECT HYDE COUNTY RC&D Measure Plan Measure Number 37-6005-095-223 Sponsored by Albemarle RC&D Council Town of Engelhard Hyde County Board of County Commissioners Hyde County Soil and Water Conservation District FEBRUARY 1996 I. PLANNING AREA AND A. The Planning Area The measure planning area is Hyde County and, in particular, Far Creek in the town of Engelhard which is located on Highway US 264 east of Swanquarter. This area provides boaters and commercial fishermen access to an important fishing industry and recreation area. The project measure area is located in the southeastern section of the Albemarle RC&D Project. Hyde County has no large towns and water related activities are very important to the economy. Hyde County is also one of the Governor's Coastal Initiative communities. B. Evaluation of Resource Capabilities The project measure area is used for commercial and sportfishing. The harbor has been dredged for large trawler access and therefore has some deep water areas. The project area is also very near the Pamlico Sound which receives thousands of pleasure craft yearly. The problem in the planning area is a lack of interaction with the water by the general public and traveling tourists. A boardwalk is needed along the shoreline of Far Creek to provide this interaction. At present there are businesses between the street and the creek. They have agreed'to provide easements behind their buildings to construct this boardwalk. The removal of the abandoned pilings has taken place and will provide safe and unobstructive navigation thus increasing recreational opportunities. Recreational opportunities would also increase due to the improved aesthetics of the downtown area on the water and a public access area. II. PLANNING OBJECTIVES A. Sponsor's objectives The sponsors' primary objective is to provide the people of Hyde County and surrounding areas with a better quality recreation environment. The natural resources are adequate to fill all of the water -based recreation potentials. Finally, the sponsors have an objective to improve the aesthetics of the Engelhard downtown area. III. INSTALLATION OF A SELECTED PLAN This project measure requires installation of a structural measure and other works of improvement. In order to proceed with the work, permits will be secured from the Corp of Engineers and the North Carolina Division of Coastal Management. A. Installation Costs Cost for the project includes approximately $25,000 for Phase I to remove and dispose of pilings and rubble along the shoreline, another $100,000 for Phase II to clean up and provide public access, $20,000 for Phase III cleanup and public access, $20,000 for Phase IV nature trails, bridge, and final cleanup, and approximately $13,000 for administration of the contract and supervision. B. Method of Financing The principal sponsor, Hyde County, will supply its share of the funds from various sources and in -kind labor, administration, and equipment. The Division of Water Resources has provided funds for two-thirds of the cost of piling removal and one-half the cost of boardwalk construction from appropriations to the Civil Works program. C. Land and Water Rights Land and water rights are the responsibility of the local sponsors. Construction permits are needed from the state of North Carolina and the Corp of Engineers. D. Contracting and Procurement The measure will be installed by contract. It will be administered by the measure sponsor. IV. OPERATION AND MAINTENANCE The County of Hyde will be responsible for the operation and maintenance of the improvements installed. G. Samuel Cox, Chairman Albemarle RC&D Council ,7ojj4 IP igg wx State of North Carolina Department of Environment, Health and Natural Resources 4• • Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary ID E H N Fla Roger N. Schecter, Director 5 June 1996 Engelhard Development Corporation Attn: Mr. Tommy Etheridge Post Office Box 342 Engelhard, North Carolina 27824 Dear Mr. Etheridge: The Division of coastal Management hereby acknowledges receipt of an application for State approval for development of property located off US 264, adjacent Far Creek in Engelhard, Hyde County, North Carolina. It was received on 30 May 1996 and appears to be adequate for processing at this time. The projected deadline for making a decision is 13 August 1996. 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 also serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. Should there be any questions on this procedural change, do not hesitate to contact me. N.C.G.S. 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 poet 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 poet 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, J reiR. Schaffer Field Representative JRS: pdp ENCLOSURE 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Attirmative Action Employer 50% recycled/ 10% post -consumer paper MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM: Jeff Schaffer DATE: 5 June 1996 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit Engelhard Development Corporation Hyde County, North Carolina 11 Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 30 May 1996. I am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me. I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Janet Barnes O'O'VU't d Rd 2 Box 229 LaChd6wner Signature Dubois PA 15801 Landowner Signature Date tvA I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Michael & Cynthia Gibbs P O Box 423 Landowner Signature Engelhard NC 27824 Lam Signature a- io - 9� Date r I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Dell & Karen Meekins 2�' L-a RR 1 Box 192K Landowner Signature Engelhard NC 27824 A 0 AA1/'�/Q-0 Landowner Signature Date ir. P� ace�7 11 09 THIS DEED made this the /S'� day of January, 1980, by Colensn c. Davis, party of the first part, to F. Davis, party of the second part,' both of the County of Hyde, State of North Carolina, WITH SSITH; THAT SAID party of the first part, for Ten Dollars and other valu- able consideration to him in hand paid by said party of the second part, the receipt of which is hereby acknowledged, has bargained and sold and by these presents does grant, bargain, sell, and convey unto the said party of the second part, her heirs, and assigns, all of the right, title, and interest of the party of the first part, in and to a Certain tract or parcel of land located in the Village of Engelhard, lake landing Township, Hyde County, North Carolina, which is definitely described as follows: Beginning at a two inch iron pipe located on.the Northward side of U. S. Highway No.-264 at a point 31-1/2 feet from the center of the paved portion of said highway and in the east- ward line of that part of the W. P. Burrus lot which is now owned by Jimnie Spencer and wife or one of then; thence rL ning in a North or northeastwardly direction; along the eastward line of said lot, now owned by Jimmie Spencer and wife or one of than, 54 feet to an iron cart axle;•thence continuing in a straight line, along the eastward line of said Spencer lot, to Far, Creek; thence rimming in an eastwardly direction, with.meanders of Far Creek, for a distance of 34afeet 4indhes to a point in said Far Creek; thence nmming y direction to•a piling at the water's edge on the South side of Far Creek in the line of that lot of land that is described in 'a deed from Warren S. Harris and others to Ruth F, Davis and Alma Lee C. Davis dated January 5, 1968, which .deed is recorded in Hyde County in Deed Book 85, page 450, (The said. piling is in the corner of what was fornierly a bulkhead ramming along the southward edge of said Creek.); thence running in a southwardly direction, along the line of the last mentioned lot, 66 feet 2 inches to a one-half inch iron pipe located bn the North side and 30 feet ETM tht center of the paved portion of U. S. Highway No. 264; thence ramming in a west- wardly direction, and along the northward edge of said U. S. Highway No. 264, to a point 33 feet fran said half -inch iron pipe; thence running in a northwardly direction, along the eastward line of said Spencer lot, 1-1/2 feet to a two Inch iron pipe, the point of beginning, containing square feet, more or less. This is the identical and same tract of land that is described in a deed from M. Clifton McKinney and wife, Viola W. McKiMey, et al., to Geo. T. Davis and C. C. Davis, dated the 7th day of September, 1950, and recorded in the office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 63, page 346. It is the one-half undivided interest in said tract and the privileges and appurtenances pertaining thereto that were acquired by Coleman C. Davis under the terms of said deed that are being hereby conveyed. . TO HAVE AND TO HOLD the aforesaid interests in said tract or parcel of land and all privileges and appurtenances thereunto belonging or in any - 'se thereumto appertaining unto her, the said party of the second part, her heirs, and assigns, to her only use and behoof in fee simple absolute DAVIS IN DAVIS ATTORNEYS AT LAW SWAN QUARTER. N. C. I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Ruth F. Davis RR 1 Box 95 Landowner Signature Engelhard NC 27824 Landowner Signature 1 e _. I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Alma Lee Davis ��z `, "r, P O Box 276 Landowner Signature Swan Quarter NC 27885 Landowner Signature Cl4149a � zifd55 I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property C. Gilbert Gibbs r LW-I&I P O Box 39 Landowner Signature Engelhard NC 27824 Landowner Signature Q J- x z- 94 Date .LP, IL)�� DAVIS 6 DAVIS nn onrvc rs n, i nw NORTH CAROLINA HYDE COUNTY /._1 THIS DEED, made this the 11]t day of JPf I I , 1994, by Jimmie W. Spencer and wife, Ruth Clair Pt. Spencer, of the County of Hyde, State of North Carolina, parties of the first part, to Carolina Financial. Realty, Inc., a banking institution organized and existing tinder and by virtue of the laws of the State of North Carolina, with its principal place of business at Engelhard, North Carolina, party of the second part, WITIIESSETII: THAT SAID parties of the first part for Ten Dollars and other valuable consideration to them in hand paid by said party of the second part, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do grant, bargain, sell, and convey unto the said party of the second part, its successors, and assigns, that certain tract or parcel of land located in the Village of. Engelhard, Lake Landing Township, Hyde County, North Carolina, which is more particularly described according to a map entitled "Property of Jimmy Watson Spencer and Wife .11, prepared by Gene Cox, R.L.S., under date of June 23, 1969, a'copy of which is of record in the off�[ce of the Register of Deeds of Ryde County, North Carolina, in Deed Book 89 at page 1.54, and is made a part hereof for the purpdse of description, as follows: Beginning at the point where the northward edge of. the 60 foot right of way of U. S. Nighway 264 is intersected by the westward boundary of that tract of W. C. Davis land, known as the "Old Pamlico Power and Light Company Building Lot", now owned by Alma Lee C. Davis and Ruth F. Davis; running from said beginning point North 09 degrees 48 minutes East, along said Davisboundary, 65.6 feet to the waters of Far creek, which point is hereinafter referred to as "Point #1"; running thence in a generally westward direction, along the edge of Far Creek and with the meanders thereof, to a point hereinafter referred to as "Point #21', which point- stand 35 feet on a course South 85 degrees 39 minutes West from Point #1; continuing thence in a generally, westward direction, along the edge of Far Creek and with [.he meanders thereof, to a point hereinafter referred to as "Point #3, which point stands 77 feet on a course South 89 degrees 08 minutes West from Point #2; running thence in a southwestward direction, along the edge of Far Creek and with the meanders thereof, to a point hereinafter referred to as "Point #411, which point stands 41 feet on a course South 78 degrees 57 minutes West from Point #3; continuing thence in a southwestward direc- tion, along the edge of Far. Creek and with the meanders thereof, to a point which point stands 45 feet on a course South 66 degrees 1.3 minutes West, from Point #4 (said point is situated in the mouth of the ditch that runs between the parcel of land being herein described and the parcel of ).and shown as IIR. S. Spencer Store Lot" on said map; running thence South 25 degrees 57 minutes West, along the Southeast edge of said ditch 43 feet to a point: .in the northward edge of the 60 foot right of way of U. S. Highway #264;' running thence North 82 degrees 24 mi.nutes East, along the northward, edge of said right of. way 81.4 feet to a curve in the same; running thence South 89 degrees 06 minutes East, continuing along the northward edge of said right of way 86.4 feet to another curve in the same; running thence South 80 degrees 18 minutes East, continuing along the said edge of said right of. way, 34 feet to the point of beginning. I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. The East Carolina Bank P O Box 337 Landowner Signature rp-E -r Engelhard NC 27824 Landowner Signature - reran. alil tea, tg96 Date CAROLINA DE COUNTY . ' .THIS DEED, made this October 1, 1971 by R. S. Spencer and wife, Elizabeth B. Spencer, of Hyde County, Nort Carolina, parties of the first part, to R. S. Spencer General Stor Incorporated, a North Carolina corporation with its principal place of business in Hyde County,,North Carolina, party of the second part: W 'I' T' N; E: S ' S E :: 3: H : That, for ind in',tonsideration of the sum of Ten Dollars in hand paid. by:the'party:ok:the second part to the parties of the first part, and for other food and valuable con - side rations to them moving, the receipt of'which is hereby acknow- ledged, said parties of the":first part hav'.e given, bargained, sold and conveyed, and by these presents do''hereby give, grant, bargain, sell and convey unto the party of the second part, its successors and assigns, those certain tract or parcels of land situate in Hyde County, North Carolina, more particularly described as follows: FIRST TRACT: All of one described piece of land in tie Village of Engelhard,. and adjoining the lands of S. S. Gibbs and bounded as follows: Beginning at a stone at .the junction of Far Creek and the new road; running South with said road to the Engelhard public road; thence with said road a West course 22 feet; thence a North course parallel with the East line and new -road to Far Creek; thence with said creek an East course feet to the beginning, containing of an acre, more or less. It being the same land conveyed by S. S. Gibbs and wife, Hmaline Gibbs, to R. S,.Spencer, by deed dated September 5, 1902 and recorded in Book 28, page 143 $ c of the Hyde County Records, 90t]X fh W-1 11JIS SECOND TRACT: A certain tract or lot of land in the Village of Engelhard, Lake Landing Township, Hyde County, State of North Carolina, adjoining the lands of the heirs T. R. Cox, deceased, and others, bounded as follows: On the North by Far Creek,'on'the East by R. S. Spencer, on the South by public road leading through Engelhard to the Ridge, and on the West by heirs of T. R. Cox, deceased, containing one quarter of an acre, more or less. It being the same land conveyed by S. S. Gibbs and wife, Emiline Gibbs, to R. S. Spencer by deed dated July 22, 1905 and recorded in Book 31, page 453 of the Hyde CountylRecords $ c. TO HAVE AND TO HOLD, said lands and premis s unto it, the party of the second part, its successors and assigns, in fee simple, together with all privileges and appurtenances thereunto belonging. And the parties of the first part covenant to and with the party of the second part, its successors and assign that they are seized of said lands in fee and have the right to convey the same in fee simple; that the same is free and clear of all encumbrances; and that they do hereby warrant and will forever defend the title thereto against the lawful claims of all persons oever. IN WITNESS WHEREOF, the parties of the first part have hereunto set their hands and seals, this the day land year first above written. �. (S ,Y. Speeence Elizabeth Spencer 0 L) 11 0 I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. R. S. Spencer, Jr. P0Box 159 Engelhard NC 27824 �� T lzy / / c Landowner Signatu e Landowner Signature Date 0 GEORGE T. DAVIS ATTORNEY AT UW SWAN QUARTER. N. C. NORTH CAROLINA HYDE COUNIY F. UUUM I 1 i 7 laf ()',1 THIS DEED, made this the _ 7th day of S tmber' 1978, Lucy W. Cox, Widow, Robena G. Cox, Wfd , Carma Starr x, ied, W H. Cox and wife, Jane G. Cox, Murel E. Marshall and wife, Dancy W. Marshall, of the County of Hyde, State of North Carolina, Norwood B. Marshall, Unmarried, of the City of Norfolk, State of Virginia, Walter Carr Cox and wife, Sarah Frances Cox, of the County of Lenoir, State of North Carolina, and Christine Cox. Jennings, of the County of Forsyth, State of North Carolina, parties'of the first part, to Kenneth B. Jennings and wife, Christine Cox Jennings, of the County of Forsyth, State of North Carolinja, parties of the second part, WTINESSEIH: W10WAS, Christine Cox Jennings is the owner of a one -sixth undivided interest in the lands hereinafter described. She and her husband are purchasing the interest of the other tenants in common in said land. It is the desire of the said Christine Cox Jennings that she and her husband own the entire tract as tenants by the entirety and it is for that reason that Christine Cox Jennings 'joins in the execution of this deed. NOW, MOU FORE, the said parties of the first part, for Ten Dollars and other valuable consideration to them in hand paid by said parties of the second part, the receipt of which is hereby acknowledged, have bargained and sold and by these presents do grant, bargain, sell, and convey unto the'said parties of the second part, as tenants by the entirety, their heirs, and. assigns, a certain lot or parcel of land located in the Village of Engelhard, Lake Landing Township, Hyde County, North Carolina, which is definitely described as follows: S. Gibbs and wife record Carolina, in Beginning in the Northeast side of U. S. Highway No. 264 where the same is intersected by the -Northwest line of the R. S. Spencer Store Lot now awned by the R. S. Spencer General Store, Inc.; thence running from said beginning point in a iuortheastwardly direction, perpendicular to said highway and along the 1lorthwest line of said Spencer Store Lot, 112 feet, more or less, to a point now or formerly marked by a stone in the Southwest edge of Far Creek; thence running in a north - westwardly direction, along Far Creek and with the meanders thereof, to a point now or formerly marked by a rock in the East corner of the John M. Mann lot, now owned by R. S. Spencer, Jr., and Mary Lee S. Smith; thence running in a southwestwardly direction, along the Southeast line of said John M. Mann lot to a point in the Northeast edge of U. S. Highway No. 264; thence running in a southeestwardly direction, along the Northeast side of said highway, 75 feet to the point of beginning, containing 1/8 of an Acre, more or less. Reference is hereby made to the following deeds: Deed from Samuel to Thomas R. Cox dated August 13, 1857, and deed from E. M. Cox to W. E. Cox dated October 15, 1909. These two deeds are of the Office of the Register of Deeds of Hyde Canty, North in Deed Book 24, page 175, and Deed Book 31, page 442, respectively. I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Kenneth Jennings _ vn/r r lc 1065 Deep Wood Court Landowner Signat Winston Salem, NC 27104 Landowner S natur Date 14g645 3. Such easements, if any, as may he outstanding thereon over those_ parts thereof, if any, that are included within the r.ight of way of 11. S. Ih4y.' 7fi4. 4. Such easement, if any,las may be outstanding thereon for the nse and maintenance of drainage ditches and canals. 5. Ripart an rights of Far Creels, i.E any, that may he outstanding thereon. 6. Federal and State regulations concerning development of tidal or wetlands that may apply to any portion of this property. 'fO HAVE AND '1'O HOLD the aforesaid tract or parcel of land and al.] privileges and appnl't.enances thereunto belong- ing to them, the said parties of the second part, their heirs and assigns, to their only use and behoof in fee simple absolute forever. And the said parties of the first part do for them- selves and their heirs, executors, and administrators, covenant to and with the said parties of the second part, their executors, admi.nistrators, heirs and assigns, that they are seized of said premises in fee and have the right to convey the same in fee simple; that tile sam is free and clear of a.11 encumbrances, except, as setont her.inabove, and that they hereby forever warrant and defend the title to the ,same against the lawful claims of all persons whpmsoever. IN TESI'IMONY IMEREOF, the part: have hereunto set. their hands first alcove written. S'rA'I'E OF VIRGINIA said parties of and seals the day r•. the first and year C)l]N'I'Y/CT'PY OF _N°/t F o L IC- T, �o%frC C2/LLjr- 12 a Notary Public in and for said connty/city and state do hereby certify that: CIIES'PER S. WILLIAMS AND WTFE, BONNIE D. WT1d,TAM9, personally appeared before me this day and acknowledged the dne execution of the foregoing Instrument. 5 T- Witness my hand and Notaria]. Seal this the Z% day of ti PR, L , 1993. Notary Pub is My commission expires: (9 C i 3 /1 ( F 11(10..1Ull I fill Lj)IIII I:; - luu u(l Aeul ue 'nut' _II Iuounr.;eu null IN 1lnrll; ' •u.I uuA I It it n6u:;11111; Inge CbbI -loj A1111to;) u1)A)l uup 1;0,c e,l, I ::;uulatlu:'su Lilt tit) lluJ uyl u I ' .lunuM(!II I.,uLyu:; JUVIJ :)N L:A II :i J. 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Ju uul.LlUd Idt:u aql o1Un,lunuuo Ln1U '.11.112a6 '11us '11LU6-1u(I up sluaskmd al; y .Cy l,uU ' 1) Iua Inn! puu 1 U6.Ie(( UALtl ' L,u611u lrtul'l 1piu Ayu..tull I'll tp I llrl Ju ILIIwooul aqI 'laud p1to:1013 utlI Jo Oki lI.1Ud I)IUu will ALI I)IUd j)IIUll u1 ululll oI u(iIILAU[)I;;uu:, ul(llnl1UA Ukiglo InIU u.Au llu0 ((m'01$) Uu.L .oJ I.ILed J:;..tIJ kill Ju SkitI.Ud I)IU1; .1U11,1, ; II 1, J„„ J N L 1 M I_1ud I,lluuue; u 11 1 J(i uu11_1Ud 'UllILuaLID ItIAoN 'Atop(),) upAII .Io .I 21 HJU 'it VIINIII 'Ja.IM (INV Ail NJLI ':) UVIJOILI, 1)111' Laud I:, -iIJ ullI Jo soI.I.Aull 'U11.11.6_LIA "Ito-]AoN J() 'L;I.IVL'I'IL6I 'LI iJlNNllll 'JJIM LINV U14V1'1'ILPI '.; 21JJ.8J11:) ituu uitlLl InIU All 'ti661 '11ALIV 1" del) -- J .J1ll t;illI u.1111 1)u..luluu I,ue iipuil1 'll;a;all UIILL SlIULt; t�llu.na;) y1,n,Po I,LNllua AUAII 'aul.lUu'L) uurlL; 'l.L'L Noll rt e'l I« Auu_1ul I\e I I '.t olln'1.)LJ "U utl"1' ! :u,I; U.ultort lntt!lua,l VNL'IMIVJ II.LHON V i79� b1 m �u I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Jones Insurance'& Realty Larry E. Jones, Jr. Lando a Si n ture P O Box 360 Columbia NC 27925 Landowner Signature /sZf4 Date/ SUIT' OF NORTH CAR0LINA COUNTY OF MARTIN I, BEVERLY B. SW.I.NDELL , a Notary Public in and for the State and County aforesaid, do hereby certify that SHARON B. GIBBS personally came before me this day and acknowledged that he is Secretary of P:NGI:LiInRD DEVRLOPMRNT CORP. a Corporation, and that, by authority duly given and as Lhe act of the Corporation, the foregoing instrument was signed In its name by its President, sealed with its corporate seal, and attested by himself as :its SecreLary. Wit.no:>s my hand and notarial seal this 9th day of NOVL•NIBER i.9 8R No' • ry Public My Coim2i.ssion expires the 11thday of September 19 89. NORTH CAROLINA _ COUNTY The annexed certificate of , a Notary PUb.i.iC of County, North Carolina is certified to be correct. 'Phis day of _ , 19 REGISTER OF DEEDS rtS ii•.vs � , n,. NO1U1I CAROLINA 0 COUNTY OF HYDE RETURNT01' DEC 16 1980 j. 0. SELLARS DIVISION RIG IIT OF WAY AGENT DEPARTPPEN'I' OF TRANSPORT"ON P. 0. BOX 748 AFIOSKIE,, It C. 27910 Vv- 132 1'ut Pi,fl "W&WD a. s d 11IIS LEASE, made and entered into this the 31st day of a October 1988 LU Engelhard Development Corporation of Engelhard, N. C., and by ad between Harvey Blount Mann, Jr.. and wife, Florence Potter Mann u Of the City of. Virginia Beach, State of Virginia, hereinafter referred to as the Lessors, and the Department of Transportation, an unincorporated agency of die State of North Carolina, hereinafter referred to as the Lessee; W I T N E S S E T H: THAT SUBJECT to the terns and conditions herein set out, said Lessors do hereby let and lease unto the said Lessee that certain lot or parcel of lard located in lake,Ianding Township, Hyde County, North Carolina, described as follows: Bounded on the North by Far Creek or one of its tributees; Fast by the lams of Mrs. M. A. Matthews, formerly owned by S. H. Spencer; South by Highway No. 264; and West by Far Creek and the lads of R. S. Spencer, containing One-fourth (1/4) of an acre, more or less. And being the identical lands described in and conveyed by deed dated the Bth day of September, 1945, by C. Gilbert Gibbs, to C. W. Burrus, as appears of record in the Office of the Register of Deeds of Hyde County, in Book 60, Page 288; and also being the identical lards described in and conveyed by deed dated the 15th day of January, 1946, by R. W. Burrus and wife, Helene Burrus to Margaret M. Man, as appears of record in the Office of the Register of Deeds of Hyde County in Book 60, Page 387, said deeds and the records thereof are hereby referred to and made a part hereof for descriptive purposes. THE TERMS AND CONDITIONS OF MIS LEASE are as follows: 1. This lease shall begin on the 31st day of October , 19 88 and shall exist and continue to and including the 31st day of October 19 93 2. The rental for the above -described property will be $500.00 annually and will be due upon the execution of this lease and will be paid one year thereafter each year for the term of this lease, said payment to be made by the hrgelhard Development Corpora- tion and/or their assigns. 3. This lease is for the purpose of providing a picnic and/or rest area for the benefit and enjoyment of the general public, whether traveling or loc21, and is not to be used for any type of commercial purposes. 4. The improvements to be erected and/or construcLed within the above -described area at the present time are shown on the sketch attached, hereby, and made a part hereof. 11ris, however, is not to preclude additional improvements being erected and/or constructed on the above -mentioned property, or any deletions thereof, which in the opinion of ttre,Department of Transportation, are deemed necessary. 5. All maintenance deemed necessary, during the tern of this lease, will be performed by and at the expense) of Ure Deparbment of Transportation. 6. It is understood and hgreed that die North Carolina Department of Transportation will assume full responsibility for any injury incurred on die property described above, for the duration of this lease, or 'any extension thereof, and will hold the Lessor _.... harmless to the extent as the Department of Transportation is authorized under the North Carolina General Statutes. 7. Upon die termination of this lease, the Lessee, die Department of Transportation, shall have die right to renew this lease for a period of 5years on the same conditions described above. (1) A , VUL 13 6 iti Li S-I- I B. Should the Lessee, the Department of Transportation, elect not to renew this lease, upon the termination hereof, then the Lessee will give to the Lessor, in writing, thirty days notice, prior to the termination of this lease, of their intention not to renew same. In the event the Lessor elects not to renew this lease, upon the termination hereof, then the Lessor likewise will give fa the Lessee, in writing, thirty days written notice, prior to the termination hereof, of their intentions not to do so. 9. In the event- this lease is not renewed upon the termination hereof, then the Lessee, or their assigns, shall have the right to remove any improvements which the Lessee has erected upon said lands, or allowed to be erected upon said lands, during the term of this lease. 1.0. Engelhard Development Corporation joins in the execution of this lease solely for"the purpose of complying with the condition outlined in Item 2 above. There are no conditions to this lease not expressed herein. IN TESTIMONY 1%l1M QF, the said Lessors have hereunto set their hands and seals and the Lessee has caused this instrument to be executed in its name by the Manager of Right of Way of the Department of Transportation, all by authority duly given, the day and year first above written. Engelhard Developrent CorporationGG2 glary y at r. Dy: ii �' (SEAL) Earl Pig _ President Florence Porter Mann Attest: N(J\j N. C. Department of Transportation ;.qj- ,k_fanager of Righ o STATE OF VIRGINIA CITY OF 2��LD` I, ezre. i7 5. ZLI )O-rl S , a Notary Public of said city and state, do hereby certify that Al. r✓6?/ .(/open{ 211(1','Jrl Jr. raptor, 9 personally •ppeared before me this 'day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial seal, this the 3/ day of 1988. My commission expires: Notary Public STATE OF IRGINIA CITY OF 1, SAS t) as �. f i kad ,' a Notary Public of said city and state, do „amuui. „ hereby ,c'otif`% that•.; 1QK'EiJ ' D7% .,r`,.p(,•..... ., ! �_� m jq Vtom_, grantor, personally appeared; fiitloulle t(iis day -and acknowledged the due execution of the foregoing instntmen :•''sr ' ss 1'nyT'�}j ti�.�'nd notarial seal, this the day of it/odEmacp-, My commissjprig�ihires: "' (2) Notary Public-- I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooden boardwalk along the shoreline of Far Creek across my property. Harvey B. Mann � A 2601 Sandy Valley Road Land owner -Signatures / Virginia Beach VA 23452 r Landowner Signature Date C= (fit 00 VW 00 CQ E� r`NOT, UB And the said parties of the first part do'for themselves and their heirs, executors, and administrators, covenant to and with the said party of the second part, her executors, administrators,; heirs and assigns, that they are seized of said premises..in fee and have the right to convey the same in fee simple; that the same is free and clear of all encumbrances and that they hereby forever warrant and defend the title to the same against the lawful claims of all persons whomsoever. IN TESTIMONY WHEREOF, the said parties: of the first part have hereunto set their hands and seals the day and year first above written. 2 J �/)y%t��c.e, / 1 (SEAL) R. S, SPIN ��CER, lilt. (SEAL) JUD SPEN R (SEAL) (SEAL) STATE . OF NORTII. CAROLINA COUNTY OF HYDE I' Ll�-d jk-AJ _, a Notary Public in and f said coun_y and state do hereby certify that R.'S. SPENCER, JR. an wife, JUDY SPENCER, personally appeared before me`this day and acknowledged the due execution of the foregoing instrument. //n��wi ess'my.hand and Notarial Seal this the lLci day of , 1987. F •S',p NOTARY PUB IC mnunission expires: rj- 11 0- 8c) ' ftXTE OF NORTH CAROLINA ",&)UNTY ¢F: JLeNO t I, �n 'ii�' 7N2iQ150/�� a Notary Public .in and fOr said county an state do hereby certify that MARY LEE S. THILGHMAN and husband, BOBBY TILGIIMAN, personally appeared -before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial Seal this t}}e';;';.6,._, day of ( _ OTARY PUDLIC My cotnmission expires: C f �97 ►O CQ Lo kN, 00 Cam! r-ti LO Li NORTH CAROLINA Prepared.By: John S. Fletcher, II, Attorney at Law, P: O. Box 247 HYDE COUNTY Shun Quarter, North Carolina 27885 P turn To: Cynthih M. Meekins P.O. Box 471, Engelhard, NC 27824 THIS DEED, made and entered into this the 1st day of July , 1987, by and between R. S. SPENCER, JR. and wife, JUDY SPENCER, MARY LEE S. TILGHMAN and husband, BOBBY TILGHMAN, now or formerly of Hyde County, NorL-h Carolina, parties of the first part, and CYNTHIA MIDGETTE MEEKINS, of Hyde County, North Carolina, party of the second part, W I T N E S S E T H: That said parties of the first part, for 'Pen ($10.00) Dollars and other valuable considerations to them in hand paid by the said party of the second part, the receipt of which is hereby acknowledged, have bargained and sold, and by these presents'do bargain, sell, grant, and convey unto the said party of the second part, her heirs and assigns, that certain tract or'parcel of land located in Lake Landing Township, Hyde County, State of,North Carolina, and definitely described as follows: Beginning.. -.at a point in the northeastward edge of U.S. Hwy. No. 264 where the northwestward line of the W. E. Cox heirs' store lot (Now owned by Christine Cox Jennings.et vir) intersects the northeastward edge.of said highway; thence running along the northeastward edge of said highway in a northwestwardly direction, 32 feet to a point in the southward corner of that lot of land that is described in a deed from S. D. Spencer and wife to Rufus Williams and wife dated January 15, 1960, which is recorded in'Hyde County in Deed Book 72, page 218; thence running in a northeastwardly direction, along the southeastward line of the last mentioned Williams tract, to a point in the southward or southwestward edge of Far Creek; thence running in a eastwardly or southeastwardly direction, along the south or southwestward edge of Far Creek and with the meanders thereof to a point in the North or northwestward corner of the said W. E. Cox heirs' lot; thence running in a south or southwestwardly direction, along the Northwest line of said.W.' E. Cox heirs' lot to the point of beginning,,containing 1/15 of an acre, more.or less. This is all of that tract or parcel of land that was conveyed to S. D. Spencer by L. M. Neal and wife by deed dated the day of October, 1.953; which is recorded in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 64, page 604, that remainder after S. D. Spencer and wife conveyed therefrom that parcel that is described in a deed to Rufus Williams and wife dated January 15, 1960, hereinabove referred to.' See also deed from Sam D. Spencer et ux t0 R. S. Spencer, Jr. and Mary Lee S. Smith Book 106, page 594. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to her, the said party of the second part, her heirs and assigns, to her only use and behoof in fee simple absolute forever. � 13' rb�t `I:=;:3 NORTH CAROLINA Prepared By: John S. Fletcher, II, Attorney at Law, P. O. Box 247, Swan Quarter, NC 27885 rtPR 3 1989 HYDE COUNTY Return To: Goo. Thomas Davis, Jr., Attorney at Law, P. 0. Box 277 Swan Quarter, NC 27885 .THIS DEED, made and ,entered into this the SILL day of March, 1989, by and between GEORGE JEFFERSON TERRELL, unmarried, of Hyde County, North Carolina, party of the first part, and GORDON WENDELL MEEKINS, JR., and wife, KAREN C. MEEKINS, of Hyde County, North Carolina, parties of the second part, W I T N E S S E T H: That said party of the first part, for Ten ($10.00) Dollars and other valuable considerations to him in hand paid by the said parties of the second part, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell, grant, and convey unto the said parties of the second part, their heirs. and assigns, that certain tract or parcel ofland located in Lake Landing Township, Hyde County, State of North Carolina, and definitely described as follows: Beginning at an iron pump pipel marker on the northeastward side of U. S. Highway No. 264 on or about the C. Gilbert Gibbs and S. H. Spencer old line; thence running in a - southeastwardly direction, parallel with- and ' along the northeastward side of U. S. Highway No. 264, 48 feet to an iron pipe; thence running in a northeastwardly direction, perpendicular to U. S. Highway 264, to a point in the southwestward edge of Far Creek; thence running in a westwardly or northwestwardly direction, along the southwestward edge of Far Creek and with the meanders thereon, to a point from which a line running perpendicular to U. S. Highway No. 264 will intersect the northward. side of said highway at the point of beginning; thence running in a southwestwardly direction, perpendicular to U. S. Highway 264, to the point of beginning. This tract of land was conveyed to George Jefferson Terrell by Trixie M. Matthews, widow, by deed dated July 10, 1984, said deed is of record in the Office of the Register of Deeds of Hyde County, North Carolina, in Deed Book 121, page 658. The record of said deed is herein referred to and made a part of this description. TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges and appurtenances thereunto belonging to them, the said parties of the second part, their heirs and assigns, to their only use and behoof in fee simple absolute forever. And the said party of the first part does for himself and his heirs, executors, and administrators, covenant to and with the said parties of the second part, their executors, administrators, heirs and assigns, that he is seized of said premises in fee and has the right to convey the same in fee simple; that the same is free and clear of all encumbrances and that he hereby forever warrants and defends the title to the same against the lawful claims of all persons whomsoever. VOL I'Ai:t %v4 Excise Tax FILED '88 AUG 5 An 10 49 LORA E. MOONEY REGISTER OF DEEDS ` HYDE COUNTY, N.C. Recording Time, Book and Page TaxLot No........................................................................................... Parcel Identifier No........................................................................... Verified LY............. ........ ........ ......... ......................... ............. County on the .............. day of ........ .............. .................. .::......... .`.'., 19.......... ' by................................................ .`�U....... ................................................................................ ...... .................. I'll ................................................ Mail after recorditl��tp ..J.oho.S...F.letohera..)i,..At.S.4I0eY...a.t..L.a..w,..P,..O,....px..247.,..S.wan...Q41a.rttir".North................... Carolina ....................................................................................................................................................................................................... This instrument was prepared by ... aobtl 5•..F..letcher,..II,..Attorney..at..Law,..P...0...Box...247,•.Swan..Quarter, - • . ••. Brief description for the Index I I North Carolina 27885 NORTH CAROI.INA GENERAL WARRANTY DEED THIS DEED made this .J.q.th..... day of ......................May.............................. 19..88...... by and between -GRANTOR THE EVERETT CORPORATION, trading as EVERETT CORPORATION, a Virginia Corporation with a place of business in Chincoteague, Virginia GRANTEE GEORGE J. TERRELL, divorced, of Hyde County, North Carolina, trading as TERRELL APPLIANCE Enter In appropriate block for cacti party: name,.address, and, it appropriate, character of entity, e.q, corporation or partnership: 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 a-,nowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, at iat 'cegiain lot or parcel of land situated in the XxMe§:..Village..of..Engelhard..................... Lake..Landing.............. TownshYLi , .......................Hyde.................. County, North Carolina and more particularly described as follows: Beginning in the northern side line of U. S. Highway No. 264, thence from said becgjnring point North 260 56' East 31.4 feet to a stake on the North bank of the canal; thence t:he same course continued 86.6 feet to a nail and two-inch disc; thence the same course contirlu&4:.151.1 feet to an iron marker, a corner; thence South 62° 15' East'245.5 feet to the centertine'of the inter- secting section of two ditches; thence with the centerline of one of the interng ditches South 240 57' West 45.8 feet to the North bank of a canal;. thence with the North bank pf.:the said canal the following courses and distances: South 800 07' West 57.8 feet; South 56? 08"host 76.2 feet; Sot? h 38° 52' West 56.7 feet, and South 090 24' Fast 53.3 feet to the northern side line of iJ. S,i HiAio ay No. 264; thence with the northern side line of said highway North 730 11', West -100 feetfl then e Still with the northern side line of said highway and crossing a bridge Nort} 580 47, [^lest 69.7 eet to the point of beginning, containing 1.15 acres and being the Engelhard Hotel lot. It is the same shown on map, Book 99, page 444, entitled "Engelhard Hotel Lot', by David Ross Smith; R.L.S. Subject however, to a right of way 20 feet in width across the northwesterly side of the fore- going described property, the exterior and westerrm$t line of said right of way being the north - westernmost property line of the foregoing described property which runs from that point desig- nated as "Ntmiber 7" on the aforementioned map, North 260 56' East 269.1 feet to that point designated as "Number 8" on said map. N. C. par ,ware. 1:11no No. 3 t) 1970, devised kl 1977 - a,,,,.. r,,,.. r e.........,e,°. rv. c u. m,. -,vm I do hereby give permission to the Engelhard Development Corporation, the Engelhard Rotary Club, and Hyde County to apply for a CAMA Major Permit on my behalf for constructing a wooder^i boardwalk along the shoreline of Far Creek across my property. George Terrell ,' /1 ( _ X� P O Box 99 Lando r Signature Engelhard NC 27824 Landowner Signature Date lllgly � i•'� trri , 1 . � by (lead of even date herewith which Is or will be of record in the Office of the Register of beads of Hyde 'aunty, North CsrolleA, and that said C. Gilbert Gibbs now desires to Kent to Hyde ounLy by the terms of this instrument perpetual ease, nenta thereon for th•> )ur'pose of executing slid carrying out the aforesaid Improvement NOW '1111:RMItE, in considoration of the BUM of' One (l.00) Dollar and other valuable consideration, paid to the 1,nrty ol• I_L,. f)r:,t, part by the party of the second [,art, ther cell,) of whir); Is hereby acknowledged, slid the benefits that will result and ac-:r•ue to the adjoining land of C. Gilbert Gibbs 1'r•„m the pro- posed improvement of Fur Creek from Pamlico Sound to Zrigelhard, North Ctirolina, C. Gilbert Gibbs, does hereby grant, bargain, sell and convey unto Hyde County, its succeesore and assigns, the perpetul away anyoreall iof )the heroinmbefore -OFlbedUpon, digact, oorlcutdesand as may be required for the construction and maintenance of the afore- said work or improvement or any enlargement thereof, tain the portion cut away and removed, as,partnavigable n- of the navioa ■lid to mai ai wsters of the United States, TO HAVE AND TO HOLD the said rights and eusements in and to the lands above described unto Hyde ('oun ty, its successors and assigns for the purposes aforesaid, forever. A for hmself an his heirs, executo eland administraators,firstd espartherebyicovenantdto and with the said Hyde County that he is lawfully seized of the aforesaid rights and eeasements; that the aertro ere free and clear of all neursbrances, that he has a good right to convey the lame; and that he will forever warrant and defend the title to the same to said party of the second part, and its assign and demands against the lawful claims of al] persons whomsoever. IN WITNESS Wiil•;REOF, the said party of the has hereunto sot his hand and seal, the day and first pert �first above written. yecr —(SEAL) NORTH CAROLINA HYDE COUNTY I' ��'__ ° �LfQr'�/, a 27otary Public of the County of 'Hyde, 3tate� or El Caro rra, o hereby certify that C. Gilbert Gibbs personally appeared bef,re me this day and acknowledged the due execution o.f tiv, foregoing Ea)unent Ueed. Witness m hand and notarial dead, thin the !day of �4'z" r , 1956. UT commission expiress P0TARIAL %v. p ": y b ;)VJ'Y "; y ..I .. /9 Ppd-A A (.:. � ,,.t. N 14-,rttrwni•d edge , 416 l dva )f' I.nn 'l u•thenrd Concrete, . GI to U's " Te nk ,1" !., Gibbs h Co. 1 li]'„Ih ,Ve tot'. �• -- -In— _ — • 42 >1 e r y � +�w , ^ roe, Stake ke / 2 �.�.. Ma�guetic 'Se ... _ -rer �Tb, 17)5F \ CD .305 Al I t ,a' \ Vernier _ _ 1. 27' 15' En <, s C* , •ac- �� x c' 1'j0 tj ILI q� tj J ' s v 'In ltaynord Meekins oRailways Lot°e .• Q Ca _ au 2� . � ,�Y,• / o Uotr Ftnrlage i :I q: T CAftUI.I NA "Y i r'r: C I I N'1'Y '11113 DEED, made .thin the ✓/ dny of , 11)51,, by nrv.1 hetweon r. G11bort Oibbe, urnneirrled, o no(}.,uriLy of 11yde, :il r. to of NO"th Unroll na, pnr ty ,if the ft re1. list t., ' 1'Jde (; •nr n'!, e 11.111 Pit (i•'vnrMiss' ntal unt.t r,f tire .1 -if' r,rra, r uP(y (.het ;iec -)nd port, yl I TNI•;:;:)i•: III: 11;A'I WIUeMEAS, in the elver and Harbor Act of (•oup•rosa approved 17 May 1950, provision was made for the Impruvomont of, the channel in Far Creek from Famlieo noun to Engelhard, NorthCarolina, in accordance with the project s�tforth in house Document No. 770, 80th Congress, 2nd Session, subject to the condition that local interests furnish free of cost to the United States of America all necessary rights -of -way for the said Improve- ment and, WHF:hEAS, in order to c�nply with the provisions of salu act of Congress it is necessary that Hyda county acquire and con- vey to the United States of America a perpetual easerrw nt on, over and upon a tract of land situated in Hyde County, Stare or North Carolina and more particularly described an follows: Lying, being and situate on the north side of Far Creek and easterly of the small creek at the enst :rtdo of the Canning and Oyster Plant, near Engelhard, H. G. and more particularly described as follows: Beginning at point on the east _here line of the aforesaid small creek which is 5} feet south of tire most southerly of the two northeast corners of the Canning and Uystor Plant, thence from said beginning point. S. 710 30' E. 25 fset to a 1 inch galvanized Iron pipe, thence S. 710 301 E., 432.8 feet to a nch Of1457.'a1'es t, Tt hencenS. 51F b5 cng.a2112_t.2toalfae; ttodisanca 1 Inch galvanized iron pipe, thence S, 540 45' E, 24.8 feet to the north shore line of Far Crook, being a total distance of 267.0 feet, thence along the north shore line of Far Creek and the east shore line of the said small creek to the point of begin- ning. Containing art ar•oa of 2.14 acres, more or les:,. This description is intended torefle,:t that portion of land shown on Corps of Engineers Map entitled hight-of-way reqyuired for Basin At Engelhrcrc., file No. PC 23, dated 14 June 1956. All bearings are referred to magnetic North. AND WHEREAS, the sa..Ld tract of land Is needed In the construction of the aforesaid improvement. AND WHEREAS, C. Gilbert Gibbs, party of the first part, is the owner of the above described tract of land Included within the boundaries of the area required by said right-of-way except for that small partial thereof that has been conveyed by C. Gilbert Gibbs to Hyde County in feet sidrple to be used as a public dock �V WIN i I I^I r� 1 1 Register's Office of Hyde Count . North Carolina, In Deed book 63, between pages 62 - 463• The lands being hereby conveyed and the lands included in said right of way are a part of that tract of land that was conveyed by Lp. S. Mann, Commissioner, to Close Gibbs by deed dated September 26, 1910, which i+ of record In the Office of the Register.of Deeds of Hyde County, North Carolina, in Deed book 35, page 276. This land descended to C. Gilbert Gibbs by inheritance, he now being the only,surviving child of Closs Gibbs, deceased. • TO HAVE AND TD HOLD' the aforesaid tract or parcel of land and all privilegas and appurtenances thereunto belonging or in any wise thereunto appertaining unto it, the said party of the second part, its succeseore and assigns, po its only use and behoof in fee simple absolute forever. AND THE SAID party of the first part does for himself and his heirs, executors and administrators covenant to and with the said party, of the second part, its successors and assigns, that he is seized of said promisee in fee and has a right to con- vey the same in fee simple; that the same are free and cl"ar from all encumbrances and that he does hereby forever warrant and will forever defend the title to the same against the lawful claims of all prsons whomsoever. IN TESTIMONY WREREOF,the said party of the first part has herounto.sat his hand and seal, the day and year first'above written. �r (1 �• /Ti/-/ (SEAL) NORTH CAROLINA HYDE COUNTY I, ' �`41 'G •�` , a Notary Public of the County of H de; tta�e o or, arc na, do hereby c ortify that 0. Gilbert libbe personally appeared before me this day and acknowledged the due execution of the lb regoing dead. }1. Witneee ay hand and notarial seal, this the,-3/ day of 15560 Notary Publlo J 'UB�iy:o®mmission expires i %01:: ifi ('llt()II\•1 hf .... 11,1, I ; I directiun along the northward edge of Far creek and with the meanders thereof to a point in the water's edge of Far Creek; thence running North 2 degrees 10 minutes East 12 feet and 5 inches to �3a P iron stake herein designated as Stake No. take No. 4 i■ located 148.5 feet on 4 outh 89 degrees 30 minutes East from S course supra ; thence running North 2 de take No. 3 East 0.5 feet to the point Of green g, minutes ing.305 acres, more or less, ginning, contain - And also an easement or right of.way a means of ingress to be used as and egreaa to and from said lot over that strip of land the,t is dearribed as follows; Beginning at a point in the Southwest edge of Hill Street 30 feet from the center thereof m,,asuring at right angle and to where the Southwest edge of Hill Street Se intersected by the westward line Of the T. J. 'sthridge Texaco Stat running South 17 degrees Zest alotoon lot; thence g the westward line of said T. J. Ethridge lot approximately 202 feet to a point in the eastward corner of the Maynard Reeking Railways lot; thence running in a northwestwardly direction along the Northeast line of said Reeking Railways lot 175 feet to a point in the northward corner of said Meekine Railways lot; pf southweetwardl thence runin� to as iron stake aeei Lion approximately 165 feet jr in the beginning corner of the tractab ing-hereby conveyed; thence running in a westwardly direction along the northward line of the lot being hereby conveyed to a point; thence running in a north_. eastwardl rsction parallel with end 30 feet northwardWt to the last mentioned line approximately 24' feet to a point 30 feet from the northward corner of said '"asking Railways lot; thence running in a eouthssstwardly direction parallel with and 30 feet Bortheast from the Northeast line of said Masking Railways lot approximately 112 feet to a point 30 feet Southwest from the westward line of the above referred to T: J. Ethridge Texaco lots mensuring at right angles thereto; thence running North 17 degrees West parallel with and 30 feet from the westward line of said T. J- Ethridge Texaco Station lot to a point in the Southwest edge of Hill Street; thence running South 57 degrees East along the Southwest edge of Hill Street to the point of beginning. The survey courses used in describing this right of way ware determined by reference to a map of the N. 0, 0ibbs Tovn of Engelhard Lots prepai-ed by T. B. Shallington, surveyors under date of Jhnuary 1ls 1946, rich is recorded in the IQjIK 6,' 1i11 Y NORTH CAROI.INA HYDE COUNTY THIS DEED, made thin the 3/ day of r 1956,' by C. Uilbert Gibba, unmarried, of tKe county o y , e e of North Carolina, party of the first part, to Hyde County, a municipality organized and existing under and by virtue of the laws of the State of North Carolina, party of the second part, WITNESSETH: THAT SAID party of the first part for Ten Dollars and other valuable consideration to him in hand paid by said party of the second part, the reoeipt of which is hereby acknowledged, has bargained and sold, and by these present■ does grant, bargain, sell and convey unto the said party of the second part, its successors and assigna, a certain tract or parcel of land located in the Village of Engelhard, Lake Landing Township, Hyde County, North Carolina, which is definitely described accordl4g to a survey thereof made on the 20 day of October, 1956, ac ording to a sketch thereof hereto attached and made a part of this deed as follows: Beginning at ■ 1}" galvhnized iron pipe, herein- after designated. as Stake No. 1, located in the marsh at the point of intersection of the follow- ing lines: line extending from the southward 'edge of the triangle tower of the Carolina Telephone and Telegraph Company on i course South 61 degrees 10 minutes East; line extending from the northward edge of -the northward tank of the Re L. Gibbs and Company grain elevator on a course South 88 degrees East; and line extending from the center of the. Spiral on the stseae of the colored church on a course -North 45 degrees 30 minutes East (where the following angles are subtended: tower line to grain elevator line, above described, 27 degrees 15 minutea, tower line to church steeple spiral, above described, 73 degrees 15 minutes); thence running South 87 degrees West 148.5 feet to a *" Iron stake hereinafter designated as Stake No. 2 located in the marsh at the intersection of the following lines: line extending from the north- ward edge of the northward concrete tank of the Re Le Gibbs and Company grain elevator on a course South 87 degrees 45 minutes East; line extending from the center of the chimney on the J. 0. Gibbs home now the home of Viola Selby on a course North 68 degrees 45 minutes East; and on a line extending from the spiral on the steeple of the colored church on a course North )3 degrees 45 minutes feast (where the following angles are subtended: grain elevator line to chimney line, above described, 23 degrees 42 minutes, grain elevator line to church steeple spiral line, above desor.lbed, 58 degress 30 minutes); thence running South 2.degrees 10 minutes Went 72 feet 4 inches to a-*" iron stake, herein designated as Stake No, 3; thence running South 2 degrees 10 minutos Waist 16 feet 4 inches to the waters edge of Far Creek; thence running in an eastwardly UNITED STATES POSTAL SERVICE First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Print your name, address, and ZIP Code in this box • /Qom-irn� E774-6,0ioCG d SENDER: C •Complete items 1 and/or 2 for additional services. m •Complete items 3, 4a, and 4b. •Print your name and address on the reverse of this form so that we can return this card to you. •Adach this form to the front of the mailpiece, or on the back if space does not permit. y • Wnte'Return Receipt Requested' on the mailpiece below the article number. •The Return Receipt will show to whom the article was delivered and the date C delivered. 0 3. 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Do not use for International Metl See reverse Sendto _./..� ? `� C _ rj Street& P� Post 0lAq!71e1e, 8 LP �+ Z ZY Petage $ 3 i Cer6ged Fee l 1( 6 Special Delivery Fee Restncled Delivery Fee Return Receipt Shovdng to Whom & Date Delivered U Rehm Receipt &Mwig to Whom, Date, A Addressee's Adhesc TOTAL P pe & Fees S 9 Pustma .Date QVVL N NORTH pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 authorizing development in Hyde County at Far Creek. adjacent US 264 in Engelhard as requested in the permittee's application dated3/15/96 including attached workplan drawings, 5 dated 5/1/96 yy �y / This permit, issued on F— ol1 ' % {O 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 a fine, imprisonment or civil action; or may cause the permit to be null and void. Boardwalk 1) The maximum width of the boardwalk footprint shall not exceed 7 feet. 2) The final alignment of the boardwalk shall be approved by a representative of the Division prior to the initiation of construction. NOTE: The permittee or his contractor is urged to meet on site with a representative of the Division of Coastal Management prior to the initiation of construction. 3) No marsh grass will be excavated or filled This permit_action may be appealed by the pemrittee 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 Departmental approval. All work must cease when the permit expires on December 31. 1999 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 DEHNR and the Chairman of the Coastal Resources Commission. Roger N. checter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee set forth in the permit application. No other over public trust waters without permit modification. 5) No attempt will be made by the permittee to prevent the free and full use by the public of all navigable waters at or adjacent to the authorized work. Use of the permitted activity must not interfere with the public's right to free navigation on all navigable waters of the United States. General 6) 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. NOTE: Future development or change of usage at the project site may require a modification of this permit. Contact a representative of the Division at (919) 946-6481 prior to commencement of any such activity for this determination. NOTE: The N.C. Division of Environmental Management has assigned the proposed project DEM Project No. 960566. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. 197800056 (COE Action Id. No. 199604678) which was issued on 6/24/96. ,-Or APPLICATION TRANSMITTAUPROCESSING RECORD /'� 1 0 3n A) Applicant: Engelhard Development Corporation County: Hyde j Location of Project: Off US 264 adjacent Far Creek in Engelhard Date Application Received Complete by Field: 30 May 1996 Field Recommendation: Attached X To be Forwarded Consistency Determination: Attached To be Forwarded X Field Representative: J. Schaffer District Office: Washington District Manager Review: B) Date Application Received in Raleigh: Fee Rec'd: $ Public Notice Rec'd: End of Notice Date: Adj. Rip. Prop Notices Rec'd: Application Assigned to: C) 75 Day Deadline: Mail Out Date: D) Federal Due Date: Permit Final Action: Issue Deed Rec'd: m 150 Day Deadline: State Due Date: Fed. Comments Rec'd on Deny Draft on AGENCY DATE COtiMENTS RETURNED OBJECTIONS YES NO NOTES Coastal Management District Office Division of Comm. Assistance Land Quality Section Div. of Env. Management State Property Office Div. of Archives & History Div. of Env. Health Div. of Highways Wildlife Resources Commission ,:t. Div. of Water Resources 1 Div. of Marine Fisheries ,L ..,................. . eft "Wwwn TO: FRO DATE: SUBJEC MEMORANDUM Jeffrey Schaffer John Crew 6 June 1996 JUN 1 7 1`1 j, l CJ (I U �,> Engelhard Development Corporation: Construction of 1,314' by 7' Boardwalk in Engelhard, Far Creek, Hvde Countv This proposal at the above referenced site includes a wooden boardwalk for the stated purpose of providing public access to the waters of Far Creek. AECs involved. include Estuarine Water, Public Trust Area and Far Creek is designated as a primary nursery area. The accompanying documents submitted by the Albemarle RC&D council note easements from individual property owners are needed behind their properties. Also noted is total project costs of $178,000 for Phases I -IV and project administration. The proposal comes under the auspices of the May 1992 CRC certified Hyde County Land Use Plan update. That plan offers the following guidance on proposals of this type: County policy on tourism (page IV-14) notes: "(a) Hyde County will support projects that will increase public access to shoreline areas." "(e) Hyde County supports development of the Engelhard and Swan Quarter harbors as community focal points and tourist attractions. Visual and pedestrian access to the harbors should be improved. Specific site plans should be developed to address public and private improvements. The key elements of the plan will include:... removal of all abandoned or sunken vessels . . . development of a shoreline access site . . . development of a public parking lot .. . County discussion of the relationship of policies and land classification (page III-2) note the Conservation class, by definition, includes all AECs and uses permitted within are subject to those included in 15A NCAC 7H. The constraints to development portion of the plan includes an exhaustive discussion of AECs under the Fragile Areas section (pages I-43 - I-46). Within this section the cogunty notes that only those uses permitted by the state will be allowed. No local, more restrictive discussion is noted. The county's land classification map (page HI-3) notes the AEC portion of the proposal is in the Conservation class by definition and the "upland" portion is in the Developed land class. The Conservation class permits only those uses allowed under applicable AEC standards and the Developed class acknowledges the whole range of urban land uses and necessary support services will be provided. 1 ,. MEMORANDUM 6 June 1996 Page 2 My opinion is if this proposal can be accom fished standards, it would not be inconsistent with county m accordance with applicable standards, the ro ty Policy on AECs. Also, once eetiAEC proposal will help carry out county policy for public access in the Engelhard area and thus would not be inconsistent with county policy. The proposal is not inconsistent with the land classification for the area. cc: -Preston Pate John Parker DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Engelhard Development Corporation 2. LOCATION OF PROJECT SITE: Off US 264 adjacent Far Creek in Engelhard, Hyde County, NC Photo Index - 1995: F7, F6, G6, G5, G4, H4 1989: NA 1984: NA State Plane Coordinates - X: 2,893,200 Y: 653,600 (Engelhard East Quad -Lower Left Comer) 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 5/30/96 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received - 5/30/96 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Hyde County Land Classification From LUP - Developed - Land; Conservation - Water (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing - Septic Tanks Planned - NA (F) Type of Structures: Existing - Commercial buildings, bulkheads, piers, public•restroom. picnic shelters Planned - Wooden boardwalk (G) Estimated Annual Rate of Erosion: NA Source - NA 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLF,D 0TNFR (A) Vegetated Wetlands ±120 ftz (Coastal) (Shaded) (B) Non -Vegetated Wetlands ±9,198 ftz (Creek Bottom) (Shaded) (C) Other (D) Total Area Disturbed: .21 acre (E) Primary Nursery Area: Yes (F) Water Classification: C Sw Open: No 8. PROJECT SUMMARY: Applicant proposes to construct a ±1,314 ft long by ±7 ft wide wooden boardwalk along Far Creek Engelhard Development Corporation Construction of a wooden boardwalk Engelhard, Hyde County Project setting The project site is located in Hyde County on US 264 adjacent Far Creek in Engelhard, North Carolina. The area of the project site begins at the western boundary of the NCDOT rest area and proceeding downstream along the southern shoreline of Far Creek, behind various businesses, to its intersection with the US 264 bridge (see Sheet 2 of 5 of the attached plats). The vegetation on the project site consists primarily of Bermuda grass with some myrtles and fescue interspersed. A f3 ft wide by ±40 ft long fringe of coastal marsh is located behind the Hair Care Shop and consists of Scirpus spp., and Distichlis spicata. This area of Far Creek is a Public Trust Area classified as C Sw waters by the Environmental Management Commission. Far Creek is designated as a Primary Nursery Area (PNA) by the NC Division of Marine Fisheries but is closed to harvesting shellfish. Project description The applicant is proposing to construct a f 1,314' long by fT wide wooden boardwalk along the south side of Far Creek. The purpose of the proposed project is to provide public access to the waters of Far Creek. Anticipated impacts The proposed project will result in the shading of f9,198 square feet of creek bottom and ±120 square feet of coastal wetlands. The installation of the pilings may result in short term, localized turbidity. Jeffrey R. Schaffer - 3 June 1996 Washington Regional Office State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management ' James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: John Parker THROUGH: Terry Moore FROM: Jeff Schaffer Vts Zia A IDFEE HNF=11 DATE: 3 June 1996 SUBJECT: Engelhard Development Corporation Major Permit Application After reviewing Subchapter 7H.0205, .0206, .0207 and .0208, I conclude that the proposed construction of the boardwalk is consistent with these AEC guidelines. If the project is permitted, I recommend the following conditions be added to the permit: 1. The maximum width of the boardwalk footprint will not exceed 7 feet. 2. Prior to any construction activities, the alignment of the boardwalk shall be approved by a representative of this Division. 3. Prior to any construction activities, the applicant is required to arrange for a preconstruction conference to discuss conditions of the permitted activity. 4. The permittee will maintain the authorized work in good- coridition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third party. 5. Future development at the project site may require a modification of this permit. Contact a representative of this Division at (919) 946-6481 prior to commencement of any such activity for this determination. If you have any questions, please call me at (919) 946-6481, extension 299. 1424 Carolina Avenue, Washington, North Carolina 27889 Telephone 919-946-6481 FAX 919-975-3716 An Equal Opportunity Affirmative Action Employer 50%recycled/10%post-consumer paper Form DCM-M11-1 by Jns' APPLICATION (To he completed by all applicants) b. City Engelhar, town, community or landmark 1. APPLICANT d a. Landowner: Name Engelhard Development Corporation Address P 0 Box 342 City Engelhard State NC Zip 27824 Day Phone (919) 926-4041 Fax b. Authorized Agent: Name Tommy Etheridge Address P 0 Box 65 City Engelhard State NC Zip 27824 Day Phone (919) 925-4301 Fax c. Project name (if any) Engelhard Far Creek Boardwalk N07E.• Pendt will be issued in name of lmido er(s), mid/or project tusme. 2. LOCATION OF PROPOSED PROJECT a. County Hyde c. Street address or secondary road number US 264 d. Is proposed work within city limits or planning jurisdiction? Yes X No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Far Creek 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you .propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling' activities. Wooden Boardwalk b. Is the proposed activity maintenance of an existing project, new work, or both? New c. Will the project be for public, private or commercial use? Public 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. A wooden boardwalk will be constructed along the southern shore- line of Far Creek beginning at the DOT Rest Area and proceeding downstream to the US concrete briage. This wi provide public access to the waters of Far Creek. Wooden oilines will be driven and/or washed down. Revised 03195 • Form•13CM-MP-1 4. LAND AND WATER existing wastewater treatment facilities. in. D NA CHARACTERISTICS a. Size of entire tract 1314 feet total length n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(s) see site Dian wastewater, industrial/commercial effluent, "wash down" and residential discharges.) c. Approximate elevation of tract above MHW or N/A NWL 3.0 feet d. Soil type(s) and ta:=r-efs) cf L3ct o. Describe existing drinking water supply source. Brookman loam overlain with fill NIA e. Vegetation on tract grass L Man-made features now on tract buildings 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan .land classification of the site? (Cowult the locvt land ase p1wL) In addition to the completed application form, the following items must be submitted: - �(_ Conservation Transitional _ CL Developed Community ° A copy of the deed (with state application only) or Rural Other other instrument under which the applicant claims title to the affected properties. If the applicant is not h. How is the tract zoned by local government? claiming to be the owner of said property, then None forward a copy of the deed or other instrument under which the owner claims title, plus written permission i. Is the proposed project consistent with the applicable from the owner to carry out the project. zoning? X//-� Yes No (Attach zoning rnma/iance certificate, if appUmble) An accurate, dated work plat (including plan view j. Has a professional archaeological assessment been atd cross -sectional drawings) drawn to scale in black ink done for the tract? Yes X No on an S 112" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a If yes, by whom? detailed description.) k. Is the project located in a National Registered Historic District or does it involve a National Rz;;st_. 1.3t-m�f y : el:p:ol- - Yes X No Are there wetlands on the site? X Yes —No Coastal (marsh) Other X If yes, has a delineation been conducted? No (Attach doe�taion,'tfavailable) 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 0?N95 Fbrm DCM-AV-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater 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 R S Spencer, Jr. Address P 0 Box 159, Engelhard, NC 2T824 Prone 919-925-4591 Name Charlotte Neal Address P 0 Box'30 , Engelhard, NC Phone 919-925-4041 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. None • 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 kward roti fcr projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 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. 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 Iagencies to enter on the aforementionedlands 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 _ Ty day of AAC 19 S Print Name Tommy Etheridge I D Signs rei Landowner or A ' ed Agent Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information DCM MP-3 Upland Development x DCM W-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 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) (1) —Commercial X Community— Private (2) Number 1 (3) Length 1314 feet (4) Width 7' (5) Finger Piers _ Yes X No (i) Number (ii) Length (iii) Width (6) Platform(s) _ Yes X No (i) Number (ii) Length (iii) Width (7) Number of slips proposed 0 (8) Proximity of structure to adjacent riparian property lines adjacent to (9) Width of water body 30' - 40' (10) Water depth at waterward end of pier at MLW or NWL 4.0' b. Boathouse (including covered lifts) (1) Commercial Private (2) Length (3) Width c. Groin (e.g. wood, sheetpile, etc.) (1) Number (2) Length(s) d. Breakwater (e.g. wood, sheetpile, etc.) (1) Length (2) Average distance from MHW, NWL or (3) wetlands _ Maximum wetlands _ distance beyond MHW, NWL or e. Mooring buoys (1) _ Commercial _Community (2) Number (3) Description of buoy (Color, inscription, size, anchor, (4) (5) Width of water body - Distance buoy(s) to shoreline Private etc.) be placed beyond f. Mooring structure (boatlift, mooring pilings, etc.) (1) _ Commercial _Community _ Private (2) Number (3) Length (4) Width g. Other (Give complete description) Engelhard Development Corporation Applicant or Project Name Signature L 3 Date Revised 03/95 WR ~ WYESOCBIA BAY uaw rein rl K Y f Ix" Nyda County Akr 7Y,:;p Pa P� 4�)�nc�e l ha,-8 /FAr QreeK 3brdu��lk 6hee4- I o� 5 I i1C�l '10 LGl lfjfllill �r1J c z f1C USl' P,eS� hica. '� Ero�ell->7t� F1o��tiF 5 F�a�r' Core 5`rc(� I ,1]1 5`• S��1\CCfJ ���1111���� J�Cl1V 8 CJl\I pCY J`r0� 10 C. udber!' G.bbs 51o1 r_ 1l \—e \.ris Video dale / Ga.. c `2x",. i' i A � c Frh Pbc� (Sb4 4.Fk,if¢eFi :2 —'SemW Pba..(�5oF.4jC 7Feah� ,44 l 4o 6o, .,e:l. 10x �� Erle- I Hard I FP,^ Crl—,-K IIoordwafK S hee-V o t J� v Enge_Ik5t—d /FAr Cree_r- Baa cwoylc Scale /" _ ('-D Shee,�3 0-f 5 Drawvi 8Y: R04Ho7 W tdAnSesj SlM D50AI z-MAX ItNcN oO z, l/z "ro(u, / 'Rai Ts v/o.G, a��stlERs Sca/e !"/'-0, 514 x 6 TRn, DECK ING 42.6 TRTD, 2 x 6 /r"" o.C. TRTD" 6 x 6 X do r;oWe �lN�F,vE7Rhrla,v B6LOw GKiDE S� t nge i 1a� c� FAr crce_K 3ca-rd Wpf K �RhWr✓ BY: Raaw-.' Ul• �3�Nsah D,4Tr- ' s///qb TRTD.2x4 RRIL -TRTD, dx& pILt=_ , 2 a c/t P RA I L if Sca)e1„_ P-(9 „ G I CALV,012 5D A/All `S �n9e ha,,c, I FAr Creek r, cmyc wee k Skeen 50- S DrawnBY� i2ac�N•y w,Talt�son 7Jctc t s/�/9G l/ ENGELHARD, FAR CREEK BOARDWALK PROJECT HYDE COUNTY RC&D Measure Plan Measure Number 37-6005-095-223 Sponsored by Albemarle RC&D Council Town of Engelhard Hyde County Board of County Commissioners Hyde County Soil and Water Conservation District FEBRUARY 1996 I. PLANNING AREA AND RESOURCES A. The Planning Area The measure planning area is Hyde County and, in particular, Far Creek in the town of Engelhard which is located on Highway US 264 east of Swanquarter. This area provides boaters and commercial fishermen access to an important fishing industry and recreation area. The project measure area is located in the southeastern section of the Albemarle RC&D Project. Hyde County has no large towns and water related activities are very important to the economy. Hyde County'is also one of the Governor's Coastal Initiative communities. B. Evaluation of Resource Capabilities The project measure area is used for commercial and sportfishing. The harbor has been dredged for large trawler access and therefore has some deep water areas. The project area is also very near the Pamlico Sound which receives thousands of pleasure craft yearly. The problem in the planning area is a lack of interaction with the water by the general public and traveling tourists. A boardwalk is needed along the shoreline of Far Creek to provide this interaction. At present there are businesses between the street and the creek. They have agreed to provide easements behind their buildings to construct this boardwalk. The removal of the abandoned pilings has taken place and will provide safe and unobstructive navigation thus increasing recreational opportunities. Recreational opportunities would also increase due to the improved aesthetics of the downtown area on the water and a public access area. II. PLANNING OBJECTIVES A. Sponsor's Objectives The sponsors' primary objective is to provide the people of Hyde County and surrounding areas with a better quality recreation environment. The natural resources are adequate to fill all of the water -based recreation potentials. Finally, the sponsors have an objective to improve the aesthetics of the Engelhard downtown area: III. INSTALLATION OF A SELECTED PLAN This project measure requires installation of a structural measure and other works of improvement. In order to proceed with the work, permits will be secured from the Corp of Engineers and the North Carolina Division of Coastal Management. A. Installation Costs Cost for the project includes approximately $25,000 for Phase I to remove and dispose of pilings and rubble along the shoreline, another $100,000 for Phase II to clean up and provide public access, $20,000 for Phase III cleanup and public access, $20,000 for Phase IV nature trails, bridge, and final cleanup, and approximately $13,000 for administration of the contract and supervision. B. Method of Financing The principal sponsor, Hyde County, will supply its share of the funds from various sources and in -kind labor, administration, and equipment. The Division of Water Resources has provided funds for two-thirds of the cost of piling removal and one-half the cost of boardwalk construction from appropriations to the Civil Works program. C. Land and Water Rights Land and water rights are the responsibility of the local sponsors. Construction permits are needed from the state of North Carolina and the Corp of Engineers. D. Contracting and Procurement The measure will be installed by contract. It will be administered by the measure sponsor. IV. OPERATION AND MAINTENANCE The County of Hyde will be responsible for the operation and maintenance of the improvements installed. G. Samuel Cox, Chairman Albemarle RC&D Council RKS 74 1 m0pyrn j A i a ) " j 4 NO n'T. VIP gm. t" ar'?. ........... MEMORANDUM TO: Jim Mulligan Deborah Sawyer FROM: Jeff Schaffer DATE: 5 June 1996 SUBJECT: Application for CAMA Major Permit and/or Dredge & Fill Permit Engelhard Development Corporation Hyde County, North Carolina ., Attached is an application for a CAMA Major and/or a Dredge & Fill permit which was received by me on 30 May 1996. 1 am considering this application complete, have acknowledged receipt, and have begun processing. If you have any questions do not hesitate to contact me.