HomeMy WebLinkAbout118-96 Engelhard Development CorporationNORTH
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
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
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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
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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
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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/
}
' 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 ,�
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
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
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
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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
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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
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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
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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.
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
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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
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Permit No. G-10
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PS Form 3811, December 1994
I also wish to receive the
following services (for an
extra fee):
1. ❑ Addressee's Address
2. ❑ Restricted Delivery
Consult postmaster for fee.
4b. Service Type
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Date of Delivery
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P 302 669 613
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
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charges for any selected optional wrvkas (See front).
1. If you want this receipt postmarked, stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service
window or hand it to your ruml canter (no extra cherye).
2. If you do net want this receipt postmarked, stick the gummed stub to the right of the
return address of the article, date, detach, and retain the receipt, and mail the article.
3. If you want a return receipt, wnte the certified mail number and yew name and address
on a return receipt card, Form 3811, and attach it to the from of the article by means of the
gummed ends it space permds. Otherwise, affix to back of article. Endorse front of aside
RETURN RECEIPT REQUESTED adjacent to the number.
4. If you want delivery restricted to the addressee, or to an authorized agent of the
addressee, endorse RESTRICTED DELIVERY on the front of the article.
124
5. Enter fees for the services requested in the appropriate spaces on the from of this
receipt. If return reis requested, check the applicable blocks in item 1 01 Form 3811. t o receipt
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Save this receipt and present it if you make an inquiry. to
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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
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
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...........
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.