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HomeMy WebLinkAboutRET North Topsail BeachNCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor October 2, 2014 Stuart Turille 2008 Loggerhead Court North Topsail Beach, NC 28460 Dear Mr. Turille: John E. Skvarla, III Secretary The Division of Coastal Management Wilmington Regional Office received a complete application on August 27, 2014 from the Town of North Topsail Beach for a proposed Sand Tube Revetment, which was circulated to the State and Federal commenting agencies for review. On September 17, 2014, a modification to the original proposal was received by the Division requesting the placement of approximately 35,000 to 50,000 cubic yards of sand on the oceanfront to assist in the construction of the proposed Sand Tube Revetment project. It was determined on September 18, 2014 that the proposed modification was a significant change in the design of the project and would require a re -submittal of the permit application to include re - notification to adjacent property owners, as well as a new public notice and comment period. On September 22, 2014 the Division received notice that the Town no longer wished to I pursue the Sand Tube Revetment and would be submitting a new CAMA Major Permit Application requesting a sand bag structure. Due to this, the Division is retiring the original I application and will be informing the State and Federal commenting agencies this permit request is no longer valid. We look forward to working with you on the new proposal, and if there is anything the Division can do to help, please let us know. If you have any questions concerning this matter, please feel free to contact me at (252) 808-2808 (ext. 211) or by e-mail at Jonathan.Howell@ncdenr.gov. Sincer�elyy,/, _41 711_ al� Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557-3421 : I r Phone: 252-808-28081 FAX: 252-247-3330 Internet: www.nccc)astalmanaaement.net An Equal Oppoaunity l Affirmative Action Employer , Pepe t of 2 Oo'gl Do0 Iu: OOe�}ae000z 7yo.1 oW Nroordtdo OD/ 2or2 I 1:22 r24 NL Pi .. A.att 11a. 00 t of 2 on.)ev CVUntybj� R.b.00. L, pined R.O. of 066d. ex3793 404-305 REACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID g044409 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: SOCHIN JONATHAN L& NANCY KFR GRANTEE; TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 in exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, of8clais, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities in the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. property Subject to Easement: That ocean front property identified as the address of 2364 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #7780-58, and described In [check applicable box): ® Deed Book 2126 and Page 920 of the Onslow County Registry recorded 10.00T-03 as NR BEACH CB S1 LSA of and as shown on Map Book and Page 22-205 of the Onslow County Registry. ❑ See Exhibit A attached. 2, Easement Area on Property Where Activities Mav Take Place: That portion of the Property, if any, which (1) is seaward of the first line of stable vegetation, or (ti) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activ/tles. "Activities" are those tasks required of the Town under its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent improvements within the fasementArea. 4. Grantor Reserved Riighta. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Condltlons: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim wising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or RECEIVED OCM WiLMINGTON, NC YtECE1VED AUG 272014 SEP 0 2 2014 t. DCMMMCTfy Book: 3793 Page, 1977-Current: 304 Seq: 1 Book: 3793 Page: 304 Page 1 of 2 Page 2.12 In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (4) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (lit) all signatories executing this Instrument on behalf of Grantor have authority to do so; and III) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renoudshment and J or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and its seal to be hereunto affixed, nd IN TgSTIMONY WHEREOF, the Grantor has executed this Easement this the 70 da of A Xved/r< .2012, Signatureir�a Signature: PrintName�4 oar �rS"I-/e Print Name; Signature: Signature: Print Name: �A N C If � j?a 14 r2 Print Name: STATEOF IIW'— COUNTY OF jDhA I, W U4 � s TWOS S a Notary Public of the County and State aforesald, certify that 0 n SoQ%\n and K. TRAnfv personally appeared Uefore me this day and acknowledged the execution of the foregoing ies a and official stamp or seal, this y of 2012. My/.�co m sion expires;. to/jol5 NC STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of 2012. Notary Public My commission expires: Book: 3793 Page, 1977-Current: 304 Seq: 2 Book: 3793 Page: 304 Page 2 of Page 1 of 2 IN111111111111111 000 to" o0{61t060oo1 TppPer G1P Recorded: e6/06/2012 at tl{26:54 RI Fee Mt: {2 .� Pape 1 of Y Revleue Taxt 0.00 aObe'l'UTooL. PotlNd Reg, of Dead. sx3793Pa238-239 OEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID $035812 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: HORNBECK JAMES R & ELIZABETH M GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a munkipai corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grandee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. property Subject to Easements That ocean front property Identified as the address of 2356 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID g778D-59.1, and described in [check applicable box): ® Deed Book 1676 and Page 72 of the Onslow County Registry recorded 12-JAN-01 as NR BEACH CS 1 L9Aof and as shown on Map Book and Page 22-205 of the Onslow, County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, If any, which (I) Is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activities. "ArNvitles" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repalring, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances therelo, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rlahts, Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune in shape, dimension or function. 5. Other Conditions: (a) Grantee will indemnify, (sold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or RECEIVED DCM WILMINGTON, NC RECENED AUG 27[014 SEPp22014 n+:DCITY Book: 3793 Pago,1977-Current: 238 Seq: 1 Book:3793 Page: 238 Pagel of Page 2 of 2 In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (It) the fluctuating state of the ocean beach; and (fill Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Propert); and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (0) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (Ili) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereuyq affixed, an IN ESTIMONY WHEREOF, the Grantor has executed this Easement this the 31yt E012012.Signature: Signature:PrintNa Print Name: Signature: Signature: Print Na STATEOF OK COUNTY Of I, Amanda F. Carken a Notary Publl oft Co ty and tate afores Id, certifythat fizG��e7 M. M),r) CP personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness y han nd oHlcial stamp or seal, this day of 2012. /11 YY %�I Al J. C'04- Not Public My commission expires: AMAIMFGAVLON tsasmuassroro t��rynwwr aaww+ twout 1btbMe - 200 aacaems ACM W L.M NGTk:D ONI C AUG 2 q 2014 Print Name: STATE OF / `r Q rK COUNTY OF I, Amanda F. Codfm a Notary Pu�Hd State a o esald, certify that VVCoRtmbeC� and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand nd official stamp or seal, this daSy�oJf y�Jy�ld� n 2012. otl� ary Public My commission expires: Fuca nu,err.anawa WCOMilheletM twcatte Book: 3793 Page: 238 Page 2 of 2 Book: 3793 Page,1977-Current; 239 Seq:2 Page I of 2 I�R�Ilm�pld�����pldtl Doc % OOea, a00002 TyPer CAP Fie°Amt: ip/o0o�Y:p: i o;12a7:08 /n Revfnee Tex: 10.00 Roder County Re6rcoe L. Pollard Mg. or Dante ax3793 PD268-269 _BEACH NOURISHMENT EASEMENTAGREEMENT For Onslow County Parcel 10 R34336 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: NIELSEN WAYNE F & MARGARET S GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town) and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permlttees, Invhees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activffles In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of 2284-A NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID h778C-14.1, and described In (check applicable boxl: la Deed Book 2652 and Page 678 of the Onslow County Registry recorded 9-May-06 as N TPSL SH 2 BA L488 of and as shown on Map Book and Page 20-015 of the Onslow County Registry. D See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place• That portion of the Property, If any, which (1) is seaward of the first line of stable vegetation, or (II) is seaward of the toe of the frontal sand dune adjacent to the beach, or (M) Is seaward of the crest of Ilse erosion escarpment, whichever feature is most landward. 3. le . "Activities" are those tasks required of the Town under its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantorgeservedglahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Condlflons: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or ncow RECEIVED 2014 DCM WILMINGTON, NC SEP 0 2 AUG 2 72014 VICM.-MOcrrY Book: 3793 Page, 1977-Current: 268 Seq: 1 Book: 3793 Page: 268 Page I of 2 Page 2 of 2 provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (In the fluctuating state of the ocean beach; and (111) Grantee makes no representation on the preclse location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property; and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantor's titre to the Property is free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under Grantor, (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims, and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shag have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seat, and if an entity, Grantor has caused this Instrumentto be signed In the entity name by Its duty authorized agent and its sealto be her unto affixed, d IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of _ • ' .2012. Sgnature: A_0 k Q I Signature: / Print Name: �,Opya_ 65 e , Signature: Print Name: STATE OF Jlk&(n11A COUNTYOF �F (Arxr9 rJ /__ 1, ri., �?� a Notary Public of the Countyy, and State foresald, certlfythat f,JAYnf+ NILLS and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this dayof ' SI- rtYA N .2012. Notary Public �(y My commission expires. a �olf6� eHeR�zrluttdtt 1eT/gfYPealq auagraswraavaaea.s W aosaz�� rr Twe rt�a.s.wu RECEIVEp DCM W►LMINGTON. NC AUG 2 7 Y014 Print Name: Me,icnetarC��l', 10 11)&,21 Signature: Print Name:` / STATE OF Y COUNTY OF Public i Nota�the County and State aforesaid, certify that14V4 QR�a zlitPP�Gk _ and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this 77 dayof 3(20 Notary Public My commission expires: */ 1W &HIRAtPMNCIS wtwrz rune W M11409ax!a E1 WEare4e. xq Ala cOraaaaeN r rrobaaa Book: 3793 Page: 268 Page 2 of 2 Book: 3793 Page, 1977-Current: 268 Seq: 2 Page 1 of 2 101111111W11d11111 Doc Io: OODaitNe0002 TyyDa• 0PP recorded: Oe10a72012 at 11120:11 An Fu Aetl 42e.0o Page t of 2 levinua Tax: r000 One w CWntV NC Rebecca L. Pollard Rea• of 0olds BK3793 Po218-219 PEACH NOURISHMENT EASEMENTAGREEMENT For Onslow, County Parcel ID #031813 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: CONEY ROGER TRUSTEE GRANTEE: TOWN OF NORTH TOPSAIL REACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum an One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively 'Grantor) convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively 'Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of 2390 NEW RIVER INLET RD, North Topsail Reach, NC 28445 and, Onslow County Tax Parcel ID k778D-53.1, and described in [check applicable box): ® Deed Book 2536 and Page 176 of the Onslow County Registry recorded 12-OCT-05 as NR BEACH CO 1 L30 of and as shown on Map Book and Page NO-SUBDIV of the Onslow County Registry. 0 See Exhibit A attached. 2. Easement Area on Pr aerty Mere Activities May Take Place: That portion of the Property, If any, which (I) is seaward of the first Ilne of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (Ili) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activttlef. eActivltles" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, buifding berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Areo. 4. Grantor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any appllcable Federal, state or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Conditions: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arlsing from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or RFCE1VED DCM WILMINGTON, NC AUG 2 1 Y014 RECE VBD SEP 0 2 2014 DCM-MoCrry Book: 3793 Page,1977-Current: 218 Seal:1 Book: 3793 Page: 218 Page 1 of 2 Pege 2 of 2 In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise locatlon of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (9 Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone daiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnity and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, stale, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renoudshment and IF or stabilizatlon related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto OM If, a d IN (TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of a h 12012. Signature: ` Signature: Print Name: QT Print Name: Signature: Signature: Print Name: Print Name: STATE OF COUNTY OF � 11 1 a Notary Public of the "Aunty and State aforesaid, certify that _`_Q �; LO_1_ personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness m If a If official stamp or seal, this dayof 2012. 1tt otary Public My commission expires: ANA CECILIA BONIL A NOTARYPUBLiC COMMONWEALTH OF VIRGINIA 1AYowl"li10N f1 RMJAN. al,2016 NOTARY/7061101 REGEIVED DCM WILMINGTON, NC AUG 21 2014 STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certlfy that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: Book:3793 Pago: 218 PaOo 2 ot2 Book: 3793 Page,1977-Current: 218 Seq: 2 eee i of 3 O INNMINIMUM000 M oopaee7xoeo3 To CRP R�eordfd; 0e/1//xOtx .t Oa 40110 PR F:it Mtt /xe.00 P0af 1 of 3 RwI Tfxt I ig Onr ov County ar R�6fOck L. Pollard Rfp, 0/ Defda ak3831 Pa622-624 BEACH NOURISHMENT EASEMENTAGREEMENT For Onslow County Parcel ID 111571 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: KRUSHELNISKY KENNETH & FRANCES GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS RECEIVED [)CM WILMINGTON, NO AUG 2 7 1014 acENED SEP 0 2 2014 ACM M m CflT Book: 3831 Page,1977-Current: 622 Seq: 1 Book: 3831 Pegs; 622 Page I of 3 Page 2 of a BEACH NOURISHMENT EASEMENTAGREEMENT For Onslow County Parcel ID a778C-10 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: KRUSHELNISKY KENNETH & FRANCES GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Townj and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activitfes In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Praaerty Sublect to Easement: That oceanfront property Identified as the address of, 2276.2 NEW RIVER INLET RD, North Topsail Beach, NC 2844S and, Onslow County Tax Parcel 10 g778C-10, and described in [check applicable box): ® Deed Book 1751 and Page 777 of the Onslow County Registry recorded 9/11/2001 as N TPSL SH 2 BA t44A of and as shown on Map (look and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Eosemeegt Areo on Property Where Actfyftles May Take Place: That portion of the Property, If any, which (D is seaward of the first fine of stable vegetation, or (II) Is seaward of the toe of the frontal send dune adjacent to the beach, or (111) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 9. ActivRles. "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilltal ft nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering EasementArea contours and profiles, building berms and dunes, moving, storing, and removing construction equipmentand supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reservedhts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, Stale or local laws or regulations, provided that such structuresshali not violate the Integrity of the dune in shape, dimension or function. S. Other Conditfons: (a) Grantee will Indemnify, hold claim arising from Activities on the Property; (b) Grantee natural forces damage; (c) Grantee makes no representatlph In front of the Property or protective effects the AcrfvIOes or SH9gkLINE DCM W MW TpNr Mo AUG 272014 the Grantor for any to restore or repair y, to be placed on or :CTION PROJECT will Book: 3831 Page: 622 Page 2 of 3 Book: 3831 Page, 1977-Currant: 622 Seq: 2 Page 3 of provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; If) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantees title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnity and defend Grantee from such claims, and (ill) all signatories executing this Instrument on behalf of Grantor have authority to do so, and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, stale, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHFRFOF this Instrument Is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be ere{nto alfixed, ang IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of ✓1 2012. Signature: I Signature: Print Name: rCilrr�bh t ("�9/e/CIt11,S Signature:�Itifux.GGo� /t.uo{uX�tcr� Print Name:T7r33y CeC rfU0-eI 1 STATE OF Nth C.a�o1''1'ya COUNTYOF nn%l001 a Notary Public of the county and State aforesaid, certify that YPX1T12 1�f11S1�Q..�f1iJ_L' T and _...--- _ _ — personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this (Vc lay of ,:ILA—nt ,2012. i Notary Public aef j My commission expires:n5AL:IS�z2o1(r RECEIVED DCM WILMINGTON, NC AUG 272014 Print Name: Signature: _ Print Name: STATE OF Komf1l[a7i a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of , 2012. Notary Public My commission expires: SEP p 2 2014 DCMMMCrTV Book: 3g31 Page: 622 Page 3 of 3 Book: 3831 Page,1977-Currant: 622 Seq: 3 ite 7 of 1111111111111111 D00 1D; pppp00700003 Tyypp•; CNp Rleordld; 0!/d/301J K OJ•�O aJ Ph Ru Rev Mt: Tux; !V-0$0,00 P1p9Qns0 i Of 3 oVr County NO Reboco R1b1eea L, polled R1q. 01 0udr ex3831 pa631-633 BEACH NOURISHMENT ELEMENT AGREEMENT For Onslow County Parcel ID 034795 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MAURAKIS TIMOTHY A & ANDREW P & GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS Rccc DCM wic,..., ,ANC AUG 272014 Book: 3831 Page,1977-Current: 631 Seq:1 Book 3831 Page: 631 Page 1 of 3 IPage 2 of 3 _BEACH NOU8158MENT EASEMENT AGREEMENT For Onslow County Parcel ID R778Q22.1 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MAURAKIS TIMOTHY A & ANDREW P & GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee') does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities in the Easement Area (as those Italkired terms are defined below), subject to the following conditions: Property Sublect to Easement: That oceanfront property Identified as the address of, 2304 NEW RIVER INLET RD, North Topsall Beach, NC 28445 and, Onslow County Tax Parcel ID #778C-22.1, and described In [check applicable box]: la Deed Book 3296 and Page 261 of the Onslow County Registry recorded 9/18/2009 as N TPSL SH 2 BA L568ofand as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑ SeeExhibit A attached. 2. Easement Area on Properly Where Activities May Take Place: That portion of the Property, if any, which (1) Is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activitles. 'Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourlsbing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Areo. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such stnuctures shall not violate the Integrityof the dune In shape, dimension or function. S. Other conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sandvoWme, If any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will RECEIVED DCM WILMINGTON, NC AUG 272014 rD RECEIVED P 0 2 2014 CM MHD C17Y Book: 3831 Page,1977-Current: 631 Seci:2 Book: 3831 Page: 631 Page 2 of 3 Pape 3 or a provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on oecember 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantors title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorhed agent and Its seat to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the Print Name: Signature: (.. �, Print Name: Atop" L J P. M wa'4 STATE OF \%�2Gs; n: c... COUNTY OF tta v 1, N. C 6:5'6 a Notary Public of the County and State aforesaid, certify thatZcc= All"hil1ar 'AL.4. and A,,;lo y., �• m1, ajt'� personally appeared before me this day and acknowledged the execution of the foregoing Instrument, Witness my hand and official stamp or seal, this dayof 201 �LIt.7s.n�- .'I2.. ' o - - \ .Cl"V uY osssaw Notary Public • P: My commission expires: I. aorb ' a°,i• RECEI,,\V DCM WILMING,?o4 )1C AUG 272014 Signature: Print Name: v. /3r evOe.4 cl J Print Name: STATE OF COUNNOF zAle-'e a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of 2012. expires: Book: 3831 Page: 631 Page 3 of 3 Book: 3831 Page, 1977-Current: 631 Seq: 3 P©ega 1 of 3 1m111111111111111W11 Dee I0, 009066770006 Tyy6t CAP Rteord�dl 06/11/1012 of P7N6,16 PH F:0 Aetl 111.00 P1Q1 1 e/ 6 Rev nel To" 600 00 on$iov County NC Ra61061 L. Po lard Big. of Voids w3831 PQ637-639 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID N1574 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: NEAL GEORGE III GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS RECEIVED DCM WILMINGTON, NC AUG 272014 RECENED SEP p 2 2014 DCM-MHDCITy Book: 3831 Page,1877-Current: 637 Seq: 1 Book: 3831 Page: 637 Page 1 of 3 Page 2 of 3 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow, County Parcel to #778C-14 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: NEAL GORGE III GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (coilecUvely "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Actfvf les In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Sublect to Easement; That oceanfront property Identified as the address of, 2284.8 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #778C-14, and described In (check appll"ble box): fil Deed Book 3622 and Page 844 of the Onslow County Registry recorded 7/14/2011 as N TPSL SH 2 BA L48A of and as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where ActlylNes May Take Place: That portion of the Property, If any, which (I) Is seaward of the first line of stable vegetation, or (11) is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activities. "Activltles" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. ActN/ties do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rlohts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of the dune In shape, dimension or function. S. Other Cond(flons: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activltles on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume an o 9 placed on or in front of the Property or protective effects the Activltles or SHORELINE i�� kOIECi will qU�2 Book: 3831 Page, 1977-Current: 637 Seq: 2 Book:3831 Page: 637 Page2of3 Paaa 3 of 3 provide the Property; (d) Grantor acknowledges (i) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042, (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantors title to the Prdpertyls free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and fill Grantee shall have the fight to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renoudshment and / or stabilization related to the Shoreline Protectlon Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the zyut day f 2012. Signature: /�'+ e . Signature: Print Name: C�EvccF C, AJ6� III Print Name: Signature: Signature: Print Name: Print Name: STATE OF ne- COUNTY OF 1, (?ew tnn ts C:JcW)K a Notary Publ c of the Coxea and State aforesaid, a Notary P U ,y rtifythat. and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness,iny�han�d� and official stamp or seal, this day of'T'"" "I2012, otaryPublic My commission expires: LEEANN K, WOLFE N efy FAk lAflbtd 0arq, NorM Croka w Ccexilnlm Iii�FralWck e, tote RECEIVED DCM WILMINGTON, NC AUG 2 7 2014 STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of , 2012. Notary Public My commission expires: rVD RECENM 0 22014 Ca:-M Cn y Book: 3831 Page: 637 Page 3 of 3 Book: 3831 Page,1977-Current: 637 Seq:3 p-aya, of a Doc IDl Ate 122$OWa T Per cap Recorded: f0/�a/2 12 @ %2a:42 AM Fee Aatr $26.De papa t o S Rey+nee Tex: a0 60 ens oy 4anty frC 1140009 L. Pollard Rea, of Deeds ex3870 Pe184-186 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID N5654 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR:TYSON STREETPARTNERS INC GRANTEE: TOWN Of NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee°) does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activltles In the EasementArea (as those Italicized terms are defined below), subject to the following conditions: 1. Property Sublect to Easement: That ocean front property Identified as the address of2290-2 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID ff778C-16, and described in [check applicable box): MDeed 13ook3636and Page940 of the Onslow County Registry recorded 40766as N TPSL SH 2 BA L50Aof and as shown on Map Book and Page 2"15 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where, Activities May Take Place: That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activftles. "Actfvitles' are those tasks required of the Town under its Shoreline Protection Project, which tasks include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. ActIvlNes do not Include moving or damaging permitted permanent Improvements within the Easement Area, 4. Grantor ReservedRlohts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. Book: 3870 Page,1977-Current: 184 Seq:1 Book: 3870 Page: 194 Page 1 of 3 Page 2 of a S. Other conditions: (a)Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activltles on theProperty; (b) Grantee has no responsibility to restore or repair natural forces damage; (c)Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the ActtvitletorSHORECINE PROTECTION PROJECT will provide the Property; (d)Grantor acknowledges (1) any raised lands created seaward of apre-project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (1I1) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f)Grantorand signatories acting on Its behalf warrant and covenant that (1) Grantors title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatorles executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duty authorized agent and Its seal) to behereuntoaffixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the. day ofBSILIL' -2012. yl��rr? 'f9, r o.e luiiiL Signature: Print STATE OF COUNTY OF I a eNo the County ndd State aforesaid, ^ County ha2Ilc ad)Loc!) personally appeared before me this day and acknowledged the execution of the foregoing Instrument. hand and official stamp or seal, thisday of ,2012. , lc /) slo plres• MyshaI , Kehinde NtOTARY PUBLIC REGElvED DCM 01ONOTON, NC A 2 I (L0 Signature: Print Name: Signature: Print Name: STATE OF _ COUNTY OF i, a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, thisday of .2012. Notary Public My commission expires: RECEIVED SEP 0 9, 7(14 DCM-MHD cfry Book: 3870 Page: 184 Page 2 of 3 Book: 3870 Page,1977-Current: 184 Seq:2 ofJ BUSINESS CORPORATION ANNUAL REPORT NAME OF BUSINESS CORPORATION: Ty"* Sbael Pnhrn, lu. SECRETARY OF STATE IO NUMBER: 011"M STATEOFFORIMTION:W REPORT FOR THE FISCAL YEAR END IM14011 SECTION At REGISTERED AGEJIrS INFORMATION®Cypr I.NAMEOFREGISTEREOAOENT: Sw.e 011mkl 1. MORATURE OFTHE NEW REGISTERED AGENT: T aop a romAHwrtmR 3.REOISTEREDOFFICESTREETADORE89SC4 GISTERED OFFICE MAIUNOAWRESS Dr 11OUNnodweDr Crq,NC D5U Wake C.,V NC17513 SECTION 01 PPINCIPALOFFICB INFORMATION F. DESCRIPTION OF NATUREOF BU61NE88: ZPRINCIPALOFFICEPHONENUMSER: (919)110@711 J. MNCIPAL OFFICE ENAw 4. PRINCIPAL OFFICE STREET ADDRESS 4 CWNTY S. PAINCIPAL OFFICE MNLINO ADDRESS Il*Wnps,I .Or Cary, NC173I3 Wake RNeIgI.NC17811 SECTION C: OFFICERS(E7 e8E8 "Ore MGw E.) WE. SDam Owmko NAME 9veuF 071aabS NMIfi: TITLE P WM - TIME: Sxnlul TITLE: ADDRESS: ADDRESS: ADDRESS: 1NILMIIgnone a. I70Lhl pWeeDr. CFry,W37513 CAp.NC27513 SEC N W.CERTIFICAMMOFAINDALREFORT 96doADrtW owfnAPk*dkiban**by&Wa lblrkmentE4. �+�= I .ul aw n V fOAeaMb' p7Md6y,WlvyftlpnCdMWe ~._ N7,,�,n e 0"k,,. FwtdTlplun Cdur ilnA INR10lWdd%d8Y(bf°•bvDdWl M01JBY #111 ReW,NL N61605]f �IIII �' Book: 3870 Page,1977-Current: 184 Seq:3 Book: 3870 Page: 194 Page 3 of 3 meiof2 i0wiw�wwwww�ww�w� eoa Ipted: OOpp04J100b2 Tyype: fRR Recor�Oa/11/P012 at OJ trails phFee NtI {Je,p�p Pepe 1 or 2 Rev/1nue Texl ,0.00 neblcciLLucpotlird Rea. or Deeds eK3831 Pe646-647 NCH NOURISHMENT EASEMENT AGREEMENT For onslow county Parcel ID #33884 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: TEEN PATRICK A & EILEEN F GRANTEE: TOWN OF NORTH TOPSAIL REACH TERM: THIRTY (30) YEARS in exchange for the sum on one Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor') convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively °(irantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subsea to Easement: That ocean front property Identified as the address of 2314-1 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID R778C•26.1, and described In [check applicable boxj: Rl Deed Book 3411 and Page 477 of the Onslow County Registry recorded 40326 as N TPSL SH 2 BA L60B of and as shown on Map Book and Page 2D-015 of the Onsiow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take EtUIL That portion of the Property, If any, which (I) Is seaward ofthe first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. ActtYltlsE• "Activities"are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repalrin& rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the EasementArea. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune in shape, dimension or function. NED REGE TON, NG AGM W(�M�NG AEG 2 � `i014 SEP 0 2 2014 VQZXr1DCrry Book: 3831 Page,1977-Current: 646 Seq:1 Book: 383f Page: 646 Page 1 of 2 Page 2 of 2 S. Other Cundiflaii ;(a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT Wlll provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property; and terminates on December 31, 2042; (q Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantor's title to the Property Is free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (111) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of .2012. ' Signature: Signature: Print Name: Print Nam i f%A,) Signature: Slgnatu : prs� Print Name: Print Name: STATE OF STATE OF WoRT h(,A 12d1 L I N A COUNTY OF COUNTYOF tr)AkF, 1, i,_ KR?NRyN . ACk_s3o a Notary Public of the County and State aforesaid, a Notary Public of the County and State aforesaid, certifythat certify that 1=iL N F TEE1J and and f4TRIU A TPEEJ personally appeared before me this day and personally appeared before me this day and acknowledged the execution of the foregoing acknowledged the execution of the foregoing Instrument. Instrument. 14JACfS, Witness my hand and ofFlclal stamp or seal, this_ day Witness my hand and of icial tip or seal, thiday of 2012. of :yV Vi 2012. = NMARY %AAPUBUO �: Notary Public .� Notary Public vyrq My commission expires: ttv?``` My commission expires: CO _U I- �( Book: 3831 Page, 1977-Current: 646 Seq: 2 Book: 3831 Page: 646 Page 2 of 2 Pago 1 of 2 of to-' WWI18IPpp300 YOyyIe RIIR1YW not to-' 0�9/Oe/t011T11�ia Nt CRP FN Mt: 42e.00 Pago 1 of 2 Ravanua Tax, to.00 Onolov County NC go to L. Pollard Rog. of otodo ax3793 Po210-211 BEACH NOURISHMENTEASEMENTAGREEMENT For Onslow County Parcel 10 N002200 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: CHALMIN JEAN P & EILEEN GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor') convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively 'Grantee) does now grant and convey unto the Grantee, this Easement until December 31, 2041 logo upon the Propertpto Conduct Activities In the EasementAma (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of 2342 NEW RIVER INLET RD, North Topsail Beach, NC 2844S and, Onslow County Tax Parcel ID #778C-38, and described In [check applicable box]: H Deed Book 662 and Page 35S of the Onslow, County Registry recorded 12-AUG-83 as N TPSL 2 BA L71&72AE1/2 of and as shown on Map Book and Page 20-OSS of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (1) is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (ill) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Ai t es. 'Activ#les' are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. S. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Pfoperty; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or N V--o No oGMw��M � r��14 RECEIVED mill SEP p 2 2014 DCM-MHD CITY Book: 3793 Page, 1977-Current: 210 Seq: 1 Book: 3793 Page: 210 Page 1 of 2 Pege 2of2 / In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims, and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed in the entity name by its duly authorized agent and Its seal to be he7r affixed, an-0 IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day oft .2012. Signature: Print Signature: 41 Print Name: Gi�L—Z:V Li/f9LJl'IiN i STATE OF COUNTY OF a Notary Public of the County and State aforesaid, certify that N P'e'fr9 C4rliw4n and V.; jeeh 6'GjvNfrl personalty appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this dayof toRQ,_VpqK��•3012. t`1Lf1'Vlf�i�9.. Notary Public My commission expires MARIAMIGNONE MyT gC 0EY 0.3,2 p�G 29 `v� N'Vc Signature: _ Print Name: Signature: _ Print Name: STATE OF COUNTY OF a Notary Public of the County and State aforesaid, certlfythat and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: Book: 3793 Page, 1977•Current: 210 Seq; 2 Oook: 3793 Page: 210 Page 2 of 2 101 of 3 IM 1111AOSIN1U11N1 1'1 Doe 10: 00998901000] Tyype: ORP Recordedi 0!/1{/2012 et W 15:02 Ph Fe a ML $26.00 Pepe 1 of 9 PW nW Ta%1 0.00 onelou Cpuntr Ro Rebecca L. Pollard R.P. of news ex3831 Po596-598 REACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID 41572 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: COZY HOMES OF NORTH CAROLINA INC GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS REC�1v �® pCM W ILMING AUG 2 7 `t�14 NC RECEIVED rSE—P p 2 2014 4cm4mmy Book: 3631 Page,1977-Current: 696 Seq:1 Book: 3831 Page: 596 Page 1 of 3 Page 2 of 3 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID e778C-12 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: COZY HOMES OF NORTH CAROLINA INC GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property Sublect to Easement: That ocean front property Identified as the address of, 2280-2 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID k778C-12, and described In (check applicable box): F6 Deed Book 3337 and Page 133 of the Onslow County Registry recorded 12/17/i009 as N TPSL SH 2 BA L46B of and asshown on Map Book and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (I) Is seaward of the first line of stable vegetation, or (it) is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activities. "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. . 4. Grontor Reserved Riahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall notvlolate the integrity of the dune In shape, dimension or function. , S. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will R OCq � 4� U6 2 9 ��14 N NC Book: 3031 Page, 1977-Current: 596 Seq: 2 Book: 3831 Page: 596 Page 2 of 3 P.O. a of a provide the Property; (d) Grantor acknowledges (I) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (Ili) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantors title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (IQ Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (ill) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duty authorized agent and Its seat to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the yr dayof -. 311i .2012. Slgnatur�Q_ Signature: Print Na AU Print Name: Signature: Print Name: STATE OF tkoNIT rK COUNTYOF C-6e, I, M(V\e"f_PV(.lerVkwV_ a Notary PIT 1c of the County and State aforesaid, certify that eO1\1(1�_-_IVLtlyl n and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this )) day of T .2012. Notary Public My commission expires:l,rt„ a�/S VNttBfgI)WL&M Nola y Pubtio, Mb of Ngw yoalt No.01-VAIlMie GW,,potftgt� RMdInNlayn MyC MMhsnEttohogCOg120'MT DCM W ILMNGTON, AU G 2 1 tt 14 Signature: Print Name: STATE OF _ ,It COUNTY OF a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: REMwED NC S E o 2 2o1a CMD crry Book: 3831 Page,1977-Current: 596 Seq:3 Book: 3831 Page: 596 Page 3 of 3 Pape 1 of 2 Doo le ®111111111vi11111 Fee 30 AM a,, 116.2 Pepe 1 p/ Y Rev rue Text W pe . nebi0o400 Pi11ud Rep of Dead, &K3793 Po316-317 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID R044405 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: VANN GEORGE C & DIANN L GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town') and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively 'Grantee) does now grant and convey unto the Grantee, this Easement until December 31, ZG41 to go upon the Property to conduct Activities In the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property identified as the address of 2386 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID R778D-54, and described In [check applicable box[: 61 Deed Book 1881 and Page 836 of the Onslow County Registry recorded 12-AUG-02 as NR BEACH CB 51 L4 of and as shown on Map Book and Page 22-205 of the Onslow, County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, If any, which (1) is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Aaivlt/es. "Adfvides" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the EosementArea. 4. Grantor Reserved Rkhts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune in shape, dimension or function. 5. Other. Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or 4o 62 �lvr�N NC Book: 3793 Page, 1977-Current: 316 Seq: 1 Book: 3793 Page: 316 Page 1 of 2 Page 2 of 2 In front of the Property or protective effects the ActivIdes or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantors title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or underGrantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the fight to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the .i§Kay f q-&Cr .2012. Signature: // o 2^' Signature: Print Name: 64e64� C' t W N Print Name: Signature. )t_ nM441 Print Name: 1kolgja d-. VClrlYt STATE OF MRz'�///+n7p COUNTY OF LIAR/a S 1, %E.2ESA 14 V a Notary Public of the County and State aforesaid, certify that, DiANr/ XV & (/*/V/V _ and 6me Je C 9MA1 personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of MA" 8 .2012. Notary Public My commission expires: RECEIVED DCM WILMINGTON, NC AUG272014 Signature: Print STATE OF _ COUNTYOF I, a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: rSE itEovoP p 2 2014 DCM-MOC" RECENED Book: 3793 Page,1977-Current: 316 Seq:2 Book: 3793 Page: 316 Page 2 of 2 j tFaBe 1 o11R RleorDoe '* : 008 II 2 " at W.46� PH Fee /ut: $26.0o P 0� i of 12 Rev nue Tx: 0.0E Onetoe County NC Rib woe L. Pojlerd Rea. of Deed* ex3831 Pa654-665 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel 10 R42745 .STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: WEINSTEIN SYDNEY T & OTHERS GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERMt THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantees heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantes") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property SuBlect to Easement: That ocean front property identified as the address of 2310-1 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID R778C-24.1, and described In )check applicable box): 0 Deed Book 1165 and Page 838 of the Onslow County Registry recorded 24-Feb-94 as N TPSL SH 2 BA LSBB of and as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑See Exhibit A attached. 2. Easement Area on Proaerfy Where Activftles May Take Place: That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (11) is seaward of the toe of the frontal sand dune adjacent to the beach, or (1II) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Alvltf . "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the EasementArea. 4. Grantor Reserved Rights. Grantor reserves the right to Construct dune walkover structures to the extent allowed by any applicable federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune in shape, dimension or function. cM�� coo 4616 ON�c Book: 3831 Page,1977-Current: 654 Seq:1 Book: 3831 Page: 654 Page 1 of 12 Pepe 2 of 12 S. Other Conditlo si:(a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property, (d) Grantor acknowledges([) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (tii) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantor's title to the Property Is free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantorwill hold harmless, Indemnify and defend Grantee from such claims, and (Ili) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duty authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the a, day of Jun r , 2012. Signature;}�1 Print Name: 10L.t.-1 sVC Ll�rrf fJSTCf� Signature: Print Name: STATEOF Nog" ,00l'no COUNTY OF nn E I o Lu I,l_tt �ISr�n�! �{tiyLCe hC ur-� a Notary Public of the County and State aforesaid, certifythatp slr'ic. f,Uet%zs{cizJ and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, thisR?day Of'rUn < . 2012. Notary Public My co=NTLTEA SON urly , 2016 Signature: I "t.- MC., / PrintName:t�-j , `110. HQ 4C Signature: /1ZSis�tS� Print Name: klllFC rQ 41AtV4 STATE OF "LWA 0a4-0 1,',U 9 COUNTYOF 6AC10to 6 �S:tc..2 r't-G�er8_o_.0 a Notary Public of the County and State aforesaid, certify that M i I a M as u2 and O% A c- t T_ MY & urL _... personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, thls29day Of SUn e- . 2012. Notary Public IPI� M HRISTINEZHENDERSON NO T� PUBLIC NaM Ce�a MY t%onvMeabn Exgres Jvns 20, 201E r;[-_-.CEIVED GCM WILMINGTON, INC. I\UG 2 7 1314 RECENHI1 SEP 2 �Il,,, DCNt MHp CI ry Book: 3831 Page: 654 Page 2 of 12 Book: 3831 Page,1977-Current: 654 Sect:2 ! Page 3 of 12 LAST WILL AND TESTAMENT OF SIDNEY THOMAS WE, 1, SIDNEY THOMAS WEINSTEIN, a resident of Great Falls in Fairfax County in the Commonwealth of Virginia, and a citizen of the United States, do make, publish and declare this my last will and testament ("Will') and revoke all former wills and codicils. I am married to PAULINE M. WEINSTEIN, and references to my "Wife" are to her. My Wife and I have three children, HALES F. WEINSTEIN, MILA S. MASUR and MICHAEL D. WEINSTEIN. References to my "child(ren)" are to them. ARTICLE ONE - TANGIBLE PERSONAL PROPERTY: I may leave a list or other writing describing certain items of my tangible personal property to be distributed to certain named individuals. If I leave a writing, and it is legally binding, I direct that it be followed and prevail over the dispositions below in this Article. If the writing is not legally binding, I request that my wishes, as expressed therein, be followed. If no writing is found within thirty (30) days of my death, my estate shall be administered as if none exists. I give all items not contained in a list to my Wife, PAULINE M. WEINSTEIN, if she survives me. If my Wife does not survive me, I give the items to my children who survive me, to be divided in approximately equal shares, as they agree, or if they are unable to agree, as the Executor determines. The determination of the Executor is wnclWive ou all persons interested in my estate. The living children of a deceased child of mine shall take the share of their parent. ARTICLE TWO - PAYMENT OF TAXES: no Executor shall pay all estate, inheritance, legacy, succession or other death taxes imposed on account of my death (including interest and penalties on those taxes, but excluding any tax imposed as a result of direct skip under Chapter 13 or IRC sections 2036, 2041 or 2044, or a corresponding section of state law) (collectively, "Estate Taxes'), from the residue of my estate, including any trust established under my Will to hold part or all of the residue. ` a Page I of Initials:_ Last W111 and Testament of Sidney Thomas Weinstein MALONEY& YUBACHEE, P.C., 104 North Oak Street. Fafls Church. Virginia 22V46 RIE� 0CM W/�M NjV �D GTON NC �G 2 �d I4 Book: 3831 Page,1977-Current: 654 Seq: 3 Book: 3831 Page: 654 Page 3 of 12 Pepe 4 or 12 Any asset upon which Estate Taxes are imposed that would be entitled to any deduction in computing any Estate Taxes shall have the NI I benefit of that deduction in determining its proper share of Estate Taxes. ARTICLE THREE - RESIDUE: A. 1 give the rest, residue and remainder of my property and estate, real and personal, of whatever nature and wherever situated, including any property before mentioned but not effectually disposed of("residue') to my Wife, PAULINE M. WEINSTEIN, if she survives me. If my Wife survives, but disclaims any assets, the assets shall be distributed to the Trustee of the Weinstein Family Trust. B. If my Wife fails to survive, me, or if the Weinstein Family Trust is created, at the death of my Wife, the assets shall be divided into as many equal shares as required to provide one (1) share for each of my children who is living and one (1) share for the then living issue, per stirpes, of each child of mine who has died leaving issue surviving. Any share for the issue of a deceased child shall be further divided into as many equal shares as required to provide one share for each of the issue, per grapes. The share or portion for each beneficiary shall be distributed to him or her, subject to the provisions ofArticle Four, C. If the Weinstein Family Trust ("Family Trust") is created by the provisions of this Article, the trust shall be managed and administered according to the following terms: 1. During the lifetime of my Wife, the Trustee shall distribute to or for her all of the net income of the Family Trust. 2. The Trustee shall also distribute to or for my Wife as much of the trust principal as required for her health, education and maintenance and for support in her accustomed manner of living. In making distributions under this paragraph, the Trustee need not consider other sources of income and assets available to my Wife. 3. The primary purpose of the Family Trust is to provide for my Wife and to insure that she is able to enjoy a comfortable lifestyle throughout her lifetime. The Trustee shall give primary consideration to the needs and desires of my Wife. 4. My Wife as Truslee has no authority to participate, in any distribution as r to which she would be an Interested Trustee, as that term is defined herein. Page 2 of 9 Initials: _ Lut Will and Testament of Sidney Thomas Weinstein 6fALONEY & YURACHEK. P.C., lt?Mordt Oak Sit ee4 Polls Church, VhXhda 22046 RECEIVEL) DCM WILMINGTON, NC AUG 2 71014 rSE �D MVP p 2 2014 Book: 3831 Page,1977-Current: 654 Seq: 4 Book 3831 Page: 654 Page 4 of 12 Peas a of 12 5. Upon the death of my Wife, assets remaining in the FamilyTmst shall be distributed as provided in Paragraph B of this Article. D. If under the terms of this Article a part of my estate would be distributable to a beneficiary immediately upon receipt by the Trustee, notwithstanding any provision herein to the 'contrary, I direct that part of my estate be distributed by the Executor directly to the beneficiary. ARTICLE FOUR - TRUST PROVISIONS FOR CERTAIN BENEFICIARIES: If the Executor or Trustee determines it is in the best interests of a beneficiary to do so, property passing to a beneficiary who has not reached twenty-five (25) ("beneficiary") at the time the property is to be distributed to him or her may be distributed instead to the Trustee. The property shall be held in a separate trust for each beneficiary who would otherwise receive property outright, and each beneficiary shall be the sole beneficiary of his or her separate trust share (refered to in this Article as a "trust'). A. The following provisions apply during the term of each trust. 1. The Trustee shall distribute to or for the beneficiary as much of the net income and/or principal of the trust as the Trustee determines advisable for the beneficiary's health, education, maintenance and support in his or her accustomed manner of living. It is my preference, but not my direction, that priority be given to distributions for educational expenses for any beneficiary who his not completed his or her education. 2. The Trustee may distribute to or for the beneficiary as much of the net income and/or principal of the trust as Ore Trustee determines for any purpose. 3. Undistributed net income shall be accumulated and added to principal annually. B. At the earlier of the date on which the beneficiary reaches twenty-five (25) or the end of the Maximum Duration for Trusts, defined below, the Trustee shall distribute the remaining trust property to the beneficiary, or ifhe or she is not then living, to the estate of the beneficiary. C. The Maximum Duration for Trusts means the longest period that properly may be held in trust under this Agreement under the applicable mlas governing perpetuities, vesting, accumulations, the suspension of alienation, and flit: like (including any applicable period in gross such as twenty-one (21) years and ninety (90) years). ME Page 3 of 9 [n HO$! _ Last WIII and Testament of Sidney Thomot Weinstein DC r# irlr' Y& MACHU, P.C., 1e4 North Oak Street, Falls Church, Virabda 22046 M wIt4p" CTFD AUG 27, NNC Book: 3831 Page, 1877-Current: 654 Seq: 5 Book: 3831 Pegs: 654 Page 5 of 12 Peae a of 12 If under those rules the Maximum Duration for Trusts shall be detemrined (or alternatively determined) with reference to the death of the last survivor of a group of persons alive on die date of my death, those persons shall be my Wife and my descendants. ARTICLE FIVE - SPENDTHRIIT TRUST: No interest in any must hereunder shall be subject to the liabilities or creditor claims of any beneficiary or to assignment or anticipation. If the Trustee determines that a beneficiary would not benefit as greatly from any outright distribution of trust income or principal because of the availability of the distribution tp We beneficiary's creditors, the Trustee shall instead expend those amounts for the benefit of the beneficiary. This direction is intended to enable the Trustee to give the beneficiary the maximum possible benefit and enjoyment of all of the trust income and principal to which the beneficiary is entitled. ARTICLE SIX - QUALIFIED RETIREMENT BENEFITS: "Qualified Retirement Benefits" means amounts held in or payable pursuant to a plan (of whatever type) qualified tinder Code Sec. 401 or an individual retirement arrangement under Code Sec. 408 or Code Sec. 408A or a tax-sheltered annuity under Code Sec. 403 or any other benefit subject to the distribution i tiles of Code Sec. 401(a)(9). The Executor or Trustee may exercise any right to determine the matmcr and timing of payment of Qualified Retirement Benefits that is available to the recipient of the benefits, but must exercise these rights in a manner consistent with the federal income tax rules regarding required distributions under Code Sec. 401(a)(9). The Executor and Trustee are authorized to identify and designate die person who is the "designated beneficiary" under applicable provisions of the Code and Regulations, and whose life expectancy may be used to measure payments to any trust. The Executor or Trustee may name as designated beneficiary any person to whom income, principal, or both may then be distributable under the terms of this Will or any trust hereunder, Notwithstanding any other provision herein, the Executor or Trustee shall promptly distribute to the beneficiary outright and Gee of trust, all amounts withdrawn by or distributed to the Executor or Trustee from any plan, trust or account as to which that person is the designated beneficiary, and that are not otherwise distributable to the person under other provisions herein. ARTICLE SEVEN c EXECUTORS AND TRUSTEES' A. I appoint my Wife, PAULINE M. WEINSTEIN, as Executor of my estate. If she ceases or fails to serve, I appoint my daughter, HALEE F. WEINSTEIN, as Altema Page 4 of 9 Inulats: Last Will and Testament of Sidney Thomas Weinstein MALONEY A YURACIIEK, P.C., 104 North Oak Sfr. ar. Falls Church, Yhghfln 22046 RECE.N`v" L) [)CM WILMINGTM NC AUG 2 7 'LA LEM r SEP 0 2 2014 r.CM-MIIDC" Book: 3831 Page, 1977•Current: 654 Seri: 6 Book: 3831 Page: 654 Page 6 of 12 Pago 7 of 12 Executor. If slit ceases or fails to act, I name my daughter, MILA S. MASUR, or my son, MICHAELD. WEINSTEIN, in that order, as Alternate Executor. if the Weinstein Family Trust is created at my death, my Wife may act as sole Trustee of the trust if she wishes to do so. if my Wife fails orceases to act as Trustee, or if at any time a Co -Trustee is needed and my Wife fails to appoint one,1 appoint my daughter, HALES F. WEINSTEIN as (Co -)Trustee of the Weinstein Family Trust. If my daughter ceases or fails to act, I name MILA or MICHAEL, in that order, to succeed her. I appoint one or both of my surviving children as Trustee of the trust under Article Four, B. Any Trustee may appoint a Successor Trustee to servo upon the death, incapacity or resignation of the Tmsteo making the appointment, provided, that no appointment of a Successor is effective if any Successor appointed herein is willing and able to act. Any Executor or Trustee may appoint a Co -Executor or Co -Trustee, provided, that If more than one Bxecutot or Trustee is acting at the time, the appointment must be unanimous. Any appointment shall be made by a written instrument delivered to. the individual appointed, to all adult beneficiaries and to the Guardian(s) of minor beneficiaries and maybe revoked or changed by a similar instrument prior to becoming of icetive. A Trustee may resign by a written instrument filed in the court where this Will is probated, and the resignation takes effect upon the filing. C. I direct that the Trustees not be required to file annual accounts with a court as otherwise required by Virginia (or any other state) law and that the Executor and Trustees be exempt from giving bond or other security. - D. An "Interested Trustee" for any trust is a Trustee who is (i) a transferor of property to the trust, including a person whose qualified disclaimer resulted in property passing to the trust; or (ii) a person who is or in the future may be eligible to receive income or principal pursuant to the terms of the trust. A Trustee described in (i) is an Interested Trustee only with respect to the transferred property (including income and gain on, and reinvestment of, such property). A person is described in (ii) even if he or she has a remote contingent remainder interest, but is not described in (ii) if the person's only interest is as a potential appointee under a Non -Fiduciary Power of appointment field by another person the exercise of which will take effect only in the future, such as a testamentary power held by a living person. A Tmstee who is not art Interested Trustee is a "Disinterested Trustee." Notwithstanding any other provisions of this Will, each Trustee is prohibited from making, voting on, or otherwise participating in any discretionary distribution of income or �v Page 5 of 9 Giiuels: Last will and Testament otSldney Thomas Welnstdo, MALONEYA YMCREX, AC., 104 North Oak Sneer, Pails Church Yiigrnfa 22046 AUGZ 'VC 4 Book: 3831 Page,1977-Current: 654 Seq: 7 Book 3631 Page: 654 Page 7 of 12 d Page a of to t principal from a trust that would discharge or substitute for a legal obligation of that Trustee, including the obligation to support a beneficiary of the trust. E. Each Executor and Trustee shall be reimbursed for expenses and is entitled to receive reasonable compensation in accordance with the law of Virginia in effect at the time of payment, unless sit Executor or Trustee waives compensation. If an institution with trust powers acts as Executor or Trustee, it shall be compensated in accordance with its fee schedule as in effect at the time of payment. ARTICLE EIGHT -FIDUCIARY POWERS: Without prior authority from any court, as to any property in my estate or any trust, or otherwise in their possession, any Executor or Trustee may exercise all powers conferred by law upon Executors and Trustees, or both (including all of those powers more particularly enumerated in Section 64.1-57 of the Code of Virginia, as amended, which powers are incorporated herein by reference), or expressed in this Will, and I intend that these powers be construed in the broadest possible manner, except as otherwise specifically noted herein: • Power to determine what property is covered by general descriptions in this Will. Power to pay my debts (including the expenses ofmy last illness, which may be paid out of my estate) and the expenses of pry funeral and disposition of my 'remains in keeping with my wishes, as soon as the convenience of my estate permits and without regard to any limitation in applicable law as to the amount of the expenses. if any property in which I have an interest is encumbered by a deed of trust or lien or is pledged to secure any obligation, I intend that the indebtedness not mandatorily be charged to or paid by my estate, but that the Executor have absolute discretion as to whether the indebtedness is paid in whole or in part. • Power to pay or deliver any legacy without waiting the lime prescribed bylaw. • Except as otherwise specifically provided, power to apply to the use of any person anyproperty, whether principal or income, vesting in or payable to that person, and in the case of a minor (a) to do so without regard either to the duly of uny person to furnish support for the minor or the availability of other funds for that purpose, or (b) to pay or deliver the same to the minor, or to a guardian or custodian under a gifts or transfer to minors act, including a custodian selected by the Executor or Trustee (who may select age twenty-one (21) for termination of the custodianship), or to a parent of a minor, or to a person with whom the minor resides. Q� �W W Page 6 of 9 rniHab: Last Will and Testament of Sidney Thomas Weinstein MALONEPB YUR4CHEK, P.C., ioe North OakSfnet Fall, Charch. Pfrginfa 22046 RECEIVED DCM WILMINGTON, NC AUG 272314 UCEM SEP n 9 9n'4 nC!td Vqn rrTV Book: 3831 Page, 1977-Current: 654 Seq: 8 Book: 3831 Page: 654 Page 8 of 12 Page 6 or 12 • Power without the consent of any beneficiary to make distributions (including the satisfaction of any pecuniary bequest) In cash or in specific property, real or personal, or an undivided interest Iherein, or partly in cash and partly in such property. • Power to exchange, lease or mortgage real property or to sell the property at public or private sale, for cash or upon credit or partly for cash and parity for credit and upon other terms the Executor or Trustee determines, and to execute and deliver deeds, leases, mortgages and other related instruments. No purchaser is liable for the application of the proceeds of any sale. • Power to take any action with respect to any security, stock, bond, commodity, certificate of deposit, treasury bill or note, option, annuity, interest in a mutual fund, limited partnership Interest or any other type of property, real or personal, tangible or intangible, of whatever kind and nature without limitation, and specifically to exercise or decline to exercise any stock option. • Power to allocate receipts and disbursements between income and principal -in the manner the Executor or Trustee determines, even though a particular allocation maybe inconsistent with otherwise applicable state law. • Subject to other provisions heroin, power to permit any person having any interest in the income of the trust to occupy real property upon terms the Trustee deems proper, whether rent free or for the payment of taxes, insurance, maintenance and ordinary repairs, or otherwise; however, my Wife shall not be required to pay for her use of anyreal property. • Power to exercise A rights, elections, options, privileges and other powers, to receive all payments, in respect of any insurance policy on my life or the life of another if the policy is owned by me or relating to me or any other person, including but not limited to the power to collect dividends, death or other benefits (including disability benefits), surrender payments, and any oiherpayment that is due or colloctible, and if con the owner of a policy ofinstuance on the life of another, power to continue paying the premiums or to discontinue payments, in the discretion of the Executor or Trustee. ARTICLE NINE - DEFINITIONS AND MISCELLANEOUS PROVISIONS: The following definitions and miscellaneous provisions apply under this Will: A. References to "childmn" and "descendants" include children and descendants whenever hero as well as those legally adopted prior to the age of nineteen (19). B. If the dale of death of a beneficiary is relevant to his or her entitlement, a beneficiary who dies within ninety (90) days_ following the date of my death or the termination rA 1 Page 7 of Initials:_ Last wlll and Testament orsidney Thomas Weinstein MALONEYA YUEACHEK, P.C. I04 Ner/h Oak Simet, Falls Chanh, Phginra 22046 OCR'/ .� 411G 2 y ��� N NC Book: 3831 Page, 1977-Current: 654 Seq: 9 Book:3831 Pago: 6M Page 9 of 12 Page to or 12 of, or distribution from, any trust under this Will, is deemed to have predeceased me for all purposes of this Will. C. Property to be divided among the surviving or then living descendants of any person,"per stirpes" shall be divided into as many equal shares as there are then living children or descendants of deceased children of that person. A share allocated to a deceased child of a person shell be divided further among the surviving or then -living descendants of the deceased child in the same manner. D. References to the "Internal Revenue Code" or "Code'or to provisions thereof are to the Internal Revenue Code of 1986, as amended at the time in question. References to the "Regulations" or "Regs" are to the Treasury Regulations under the Internal Revenue Code. H. If I am the custodian of any property for the benefit of a minor under the Uniform Gifts to Minors Act or Uniform Transfer to Minors Act of any state and if no successor custodian is otherwise appointed, I appoint my Wife as successor custodian. If my Wife is unable or unwilling to serve as successor, I appoint any of my children as successor custodian. I. also delegate to my Wife or if she fails to serve, to any of my children, all rights I hold at the time of my death with respect to any account created under IRC §529 or any similar account. �t� IN WITNESS WHEREOF, I have set my head ' 1 M day of May, 2007 SIDNEY THOMAS WEINSTEIN The foregoing instrument, published and declared by the Testator to be his Last Will and Testament ('Will"), in the presence of us, all present at the same time, who at his request, in his presence and in the presence of each other, have hereto subscribed our names as witnesses this l ltttryh"�",day of May, 2007. 6 awcA 6A residing at med4,t!e� � ,, 7-7ti tf" residingat W&o-6-idje. COMMONWEALTH OF VIRGINIA, COUNTY OF FAIRFAX, to -wit: Before me, the andfwJ geed notnr,,��PPublic, on this day orsonally app ared SIDNEY THOMAS WEINSTEIN,`,?M sr0 h �'ir �,/,� , and C4 known to me to be the Testator and the witnesses, respectively, whose names are signed to the foregoing instrument and, all of these persons being by me first duty svom, SIDNEY THOMAS WEINSTEIN, the Testator, declared to me and to the witnesses in my presence that the instru- Page 8 of 9 Last Will and Testament ofSidnoy Thomas Weinstein MALONEY & YURACREK, P.C., 104 North Oak Street, Falls Clmrch, Yirgrnia 22046 ReCE-iVE.1" DCM WILNC AUG 2 7 `c�i4 rSE 1tEcmw P p 2 2014 DCM•M.9DC]TY Book: 3831 Page,1977-Current: 654 Seq: 10 Book: 3831 Page: 654 Page 10 of 12 Page it of 1a men( is his Will that he had willingly signed and executed it in.01e presence ofthe witnesses as his rice and voluntary act for the purposes therein expressed; that the witnesses slated before me that the foregoing Will was executed and acknowledged by the Testator as his Will in the presence of the witnesses who in his presence and at his request, and in the presence of each other subscribed their names as attesting witresses on the day of the date of the Will, and that the Testator, at the time of execution of the Will, was over the age of eighteen (1 S) years and of sound and disposing mind and memory. Sworn and }eknowledged before me b SB)NBY TH MAS WB@ISTBIN, the Testator, and IOYO h `she witness, and so i � witness, this I I th day of May,2ooz `011 /A NotaryPublic My Commission Expires: 7uly 31, 2007 v sned�eaa Page 9 of 9 Last Will and Testament of Sidney Thomas Weinstein MALONEY& YURACHRX, P.C, 104 North Ook Sireel. FaW Church. Ylrxlhla 2200 OCMq �%M�`�r All, �GT ?�41, NC Book: 3831 Page,1977-Current: 654 Seq:11 Book: 3831 Pago: 654 Page 11 of 12 12 o112 COMMONWEALTH OF VIRGINIA • CERTIFICATE OF DEATH ire DEPAATAIEHT OF HEALTH - DIVISION OF VITAL RECORDS - RICHMOND �oi a I»s..°i�v"�'e"i"/ y Sf r�Nr»�il r�V rt9 ••D M4QlM taAL Mw w• Sidney Thomas Weinstein KI ❑ i M pIMO\IYLM _ _eYtN IwY a ..i. ~' ar wrX MI aNea IN 1Or0pC}'� Me 24 2007 72 ' ' ' ' ovember1.1934 r1Aa4 tlernlaanrs rom°nonaaAmVA.p•w ' m MIA °A4 None - Residence ' ❑ airfax Count raosam.4 IW .an »amen D. °w n Great Fails' 0 M 1193E Holly Brooch Court n. A mmovoawrmt oewln la ar N VbGpggq.,Yp. ..� naoe°aer Virginia Fairfax County a. onto .bN r »a nrmNaw a i >raoe- Great Palle 13 1193E Holl Branch Court '22066 Il ! r M a WDlII °Aruua014r Morrie Weinstein Ida Moaenter °I IA W/ It IILM �ba.IN. WM W t�33 Wh1tfl 'a "1 ❑- 4n.taMWPID 4Mplla.a.1 S'a' NU .M ptl. »ISq ❑ ❑ G YM 4 U.S.A. New Jersey Pauline Weinstein Intelligante .ow n.ewNulr.oDau.rDaaDwwa.ln.vi.mn 153 - 30 - 0833 S. Aa 1 an noData n Wife wad w°rau n » Da.N a.4.A .psewv.r. a mwN.NINN44>.iNp6ryNNl a tvµm»..p Mai. .A�alMEB TM re wn+wuuup.Nex w Z h mHN,w�SyFe.» ��--� 1°pI1 Af VbY.D• 4tG�4y (yl�ww .f/IJiG blkiN CNAapilryv�lei°� 1'NM �NM hIR�^aMM''Nr�pa• Nlv��tHMVhW N MYW �N� NI W N9Y1 p. WIIM3° y F m Qr ❑ 21 M�rNa W Nr,Yra I A n .vww�cn pUxY m 101er m N4A�pONp r y N. axon rNl aN wN x.uwr few iw— y�y.NNl+:vq,'41 1 b+..ae by11 aj aa, a.w 1 ppb..NN 6L15 PH slam.. nNINMA ----------------------------- I onras- -- - - -------- ------------ - ------------- '�✓A?�abS alnbr� s f Q t 1.. . a arson nera C ape 12. a hFRurz rWa4'�'ll¢ 0 This is to certify that this is a true and correct reproduction of the original iacord'Yiled with the FAIRM COUNTY HEALTH DEPARTMENT 8 i F MAY 30, 2007 lJ'Lff!/Z 7�i/.6c� DATE ISSUED PUTT REIGISTRAR -- (SEAL) VOID IF -ALTERED -OR DOES NOT BEAR IMPRESSED SEAL RECEIVED DCM WILMINGTON, NC AUG 272014 ID EP p 2 2014 CM MffD CITY Book:3831 Page: 654 Page 12 0 12 Book: 3831 Page,1977-Current: 654 Seq:12 IM11111m1M111yIN11W s00%d. SO/2D0290 Rlto 0�20t28 N1 11 Mt: 81a.00 A6V nY, Ta%t 0.00 R,b�cCi ' POilird AIR. of Oud, ,3870pa151-152 For Onslow County Parcel ID R15866 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR:KREIGHBAUM WILLIAM M GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (coli"tively "Grantor') convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. property Subject to Easement: That ocean front property Identified as the address of2324-2 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID f1778C-30, and described In [check applicable box]: ®Geed Book3415and Page539 of the Onslow County Registry recorded 40333as N TPSL 2 BA L54A E1/20f and as shown on Map Book and Page 20 015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (I) Is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Actfvlties. "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area, 4. GrantorReterved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 4111, 2 7 ��� N NC Book: 3870 Page, 1977•Current: 151 Seq: 1 Book: 3870 Page: 151 Page 1of2 Pape 2 of 2 S. Other Conditions: (a)Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activitles on theProperty; (b) Grantee has no responsibility to restore or repair natural forces damage; (c)Grantee makes no representations on sand volume, If any, to be placed on or in front of the Property or protective effects the ActivltiesorSHORELINE PROTECTION PROJECT will provide the Property; (d)Grantor acknowledges (1) any raised lands created seaward of apre-project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (1111 Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f)Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantors title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (ill) ail signatories executing this Instrument an behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, slate, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed in the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the_a/st' day of AUXU.M- .2012. Ii��LL.7�LLu / 11:. Ir :JIfRL'Iil�i�IClb frL 1i Signature: Print Name: STATE OF V,4 COUNTY OF 1y2P,F 1, kafirryn EE ag ron a Notary Publlc of the County and State aforesaid, certify that G�i ylit^4 M, 2r tih and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. al � Witness my and official stamp or seal, thisday of �hand 2012.E ,7— 4, `GX.ea,._ 0 p f Notary Publi My commission expires: ,.s,t�gYN X• Aio ••,, * : P Agar MY RECEIVED DCM WILMINGTON, N(- AUG 2 7 214 Print Name: I� M thdCCfP ffO Signature: Print Name: ,t STATE OF UA COUNTYOF yo�l Amin E. 00-s-d n a Notary Public of the County and State aforesaid, certify that will/4-m YH • /Ge416Z and fflA- personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, thisday of ur/- 2012. Notary Public My commission expires: 1tECElifED SEP 0 2 2014 Book: 3870 Page: 151 Page 2 of Book: 3870 Page,1977-Current: 151 Seq:2 Page t of 2 1011IN1111AN111YN Doo tat OOPa12fa000t Tvyoat CPe 0.aoord,d: 06/Oa/20f7 at 012a:1a PH Foe MV i2a.00 Pape f or 2 Rev nua Tax, i0.00 0n,tov County tl0 Rabaeoa L. pof.lard Rae. of Dead, ex3793 po637-638 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel to a033556 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: PAOUNI ALEX & OTHERS GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1, property Subject to Easement: That ocean front property Identified as the address of 2362 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID f1778D-58.1, and described In (check applicable box]: H Deed Book 2943 and Page 317 of the Onslow County Registry recorded 06-SEP-07 as NR BEACH CO SS UIB of and as shown on Map Book and Page 22-205 of the Onslow County Registry. 0 See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, If any, which (U is seaward of the first line of stable vegetation, or (II) is seaward of the toe of the frontal sand dune adjacent to the beach, or (ill) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. B• "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repali ng, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Arm contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures Shall not violate the Integrity of the dune in shape, dimension or function. S. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property, (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or ACM WIIM /IVEF VGTO GTp AUG 2 7 2014 N NC Book: 3793 Page,1977-Current: 637 Seq:i Book: 3793 Page: 637 Page 1 of 2 Page 2 of 2 In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Granter and signatories acting on its behalf warrant and covenant that (I) Grantor's title to the Property b free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to implement beach nourishment, renourlshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duty authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the _,e�l— day ofgVA(, 2012. Signature: Print Signaturei &A&c4zlz s Print Name: &Lev STATEOF COUNTYOF Itrn 1, J"-.'6cy l ' ICr'\Xr _ a Notary Public of the County and State aforesaid, certify hat and �Qr\ 1�cr 4.4'sv,W01v�C'aYv'1 personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of \/112�(001J,2... NotaryPublIc My commission expires: AM Slgnaturei- � *w Print Name: /7110?1_1 /.�',G/ Signature: Print Name: STATE OF S 0?51 A \L r6G ,,%K01, C0UNTY0F I, G ,Z tl �iGr{Ar a Notary P� "'the County and State aforesald, certifythat �'l).s+.\ �.G.Zsr�'a'�-i and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of %012. G No ryPublic My commission expires: zka\,W\ AM EAL OFFOA RanylaaM NO rn P p 2 2014 pCM W��N,,;., :a�ON, AUG 2 I `t114 CU-Merry rSRECEMD EP p D M-MHDCrry Book: 3793 Page, 1977•Current: 637 Seq: 2 Book: 3793 Page: 637 Page of P.R. l of 2 w1rNMNne IIli N111I111 Doc 1010210780002 Tyype: CRp 1 of 2 fleoo ed: 12/1o/2o12 et 12i02:00 1M1 Fe1 Mt: E2e.op Pepe Onelov County Rabecoe L. pojAorvd Pep. of Deeds BK3903 r%29-30 BEACH NOURISHMENT EASEMENTAGREEMENT For Onslow County Parcel ID 9002198 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: GIOVINAZZO JORGE L & VALERIE L EXCISE TAX PAID S GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities in the EasementAreo (as those Italicized terms are defined below), subject to the following conditions. 1. Property Sublect to Easement: That oceanfront property Identified as the address of 2338 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID R778C-36, and described In (check applicable box): ® Deed Book 2867 and Page 117 of the Onslow County Registry recorded 03-MAY-07 as N TPSL 2 BA L69&70AE1/2 of and as shown on Map Book and Page 20.015 of the Onslow County Registry. O see Exhibit A attached. 2. EosementArea on Property Where Activities Mev Take Place: That portion of the Property, R any, which (I) Is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or(111) is seaward of the crest of the erosion escarpment, whichever feature is most landward. 3. Actlyltles. 'Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not include moving or damaging permitted permanent Improvements within the Easement Areo. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension orfunctlon. M w��M/NGT pN� C Ali" 2 7 �014 Book: 3903 Page,1977-Current: 29 Seq:1 Book: 3903 Page: 29 Page 1 of 2 Page 2 of 2 S. Other CondRlons: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property, (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the Fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (1) Grantors title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (lit) all signatories executing this Instrument on behalf of Grantor have authority fo do so, and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renoudshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of. 2012. r Signature: signature: ff Print Name: V 11�> P PrintName:,Valef`i to Coiov;riCA'7 Print Name: STATE OF Nom N iliA COUNTY OF wAK.t 1, Lots m.I't1PT2_ a Notary Public of the County and State aforesaid, certifythat TDR6B �.l1LIS GioyiNpzzo and U A FRS E IOV t NAz20 personally appeared before me this day and acknowledged the execution of the foregoing Instrument. stillUlb,. Witness my hand and official stare of DaObM R 2012. _4 �m Notary Public My commission 11 a01b expires: REG DCM WILMINGTON, NC AUG 2 7 [t114 Signature: Print Name: STATE OF MOPA CA2n I tNR COUNTYOF UJAKF 1, knts M. (�uP-rz. a Notary Public of the C unty and state aforesaid, certify that VP I('21E G10 UTA/A 220 and LUi5 loutA/A220 personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witnehand and official starnei ss my sea%this E of 612 2012. Lw /y� /^. o f t t ;m; err► Notary Public Mycommissfon expires: 1 >�EG$IVED SEP 0 2 2014 T'.CM-M'fiJCITY Book: 3903 Page: 29 Page 2 of 2 Book: 3903 Page, 1977-Current: 29 Seq: 2 Pegrt of 2 goc t0: OOOeisty11 Type, ORP Recorded) Oa/Oa/2012 at 1111111P /,M Fee Ant: $26.00 Pape 1 of 2 Revenue Tex: 0.00 onsloy County NC RebeoCe L. PO Lard Reg. of Deeds ax3793 po258-259 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel 10 R044410 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MALONE KAREN 8 GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS EXCISE TAN: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town') and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the EasementArea (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subiect to Easement: That oceanfront property identified as the address of 2354 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID g778D-59, and described In (check applicable box): ® Deed Book 2813 and Page 438 of the Onslow County Registry recorded 02-FEB,07 as NR BCH Co S1 L9B of and as shown on Map Book and Page 22-205 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Proaerry Where Activities May Take Place: That portion of the Property, if any, which (1) Is seaward of the first line of stable vegetation, or III) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activities. "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or „M wit 44N, GT Np G AUG 271 014 Book: 3793 Page, 1977-Current: 258 Seq: 1 Book: 3793 Page: 258 Page 1of2 Page 2 .2 0 provide the Property; (d) Grantor acknowledges (I) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the Fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (ill) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and if an entity, Grantor has caused this instrumentto be signed in the entity name by Its dulyauthorized agent and Its seal to be hereunto affixed, and IN T�E�STIWNY WHEREOF, the Grantor has executed this Easement this the ,-day of_444Vo 2012. Signature: Ail, Signature: Print Name: _elat aJ 4 jyjpj.LddC Print Name: Signature: A I Signature: Print Name: N /A Print Name: STATE OF /Vo2�-1� iIa z o Ii ,u a COUNTY OF O n _S & W I,LA6164'4c Z g cALIC2so' a Notary Public of the County and State aforesaid, certifythat Xa P e-a lZ, ✓h a /ou r- and rY / /a - personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this dayof 30'/)A.2012. NotaryPublic My commission expires: rola0 /1 b CHRISTINE Z HENDERSON NOTARY PUBLIC Onalow County North Carolina "'r Comnllaalon Explroa June 20, 2ofa t ; C "TON NC „�WI�NtWG , STATE OF _ COUNTYOF I, a Notary Public of the County and State aforesaid, personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of 2012, Notary Public My commission expires: rSEP 12EC$Ty; p 0 2 2014 °ICUMMIcrrY Book: 3793 Page: 258 Page 2of2 Book: 3703 Page,1977-Current: 258 Seq: 2 Peg. 104 IIIfY fAi1111iliEy�p®ppliell®DII Reoordedt /l/19/2014 et710 23GRI11 he ApC {1E.p0 Pepe 1 of 4 Bev}nue Te%i `o DD BebeeceCLuoPothrd Pep, of Deed, 4870 P464-167 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID N8559 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: PROCTOR RUSSELL L III & NANCY W & GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS Book: 3870 Page,1977-Current: 164 Seq: 1 Book: 3870 Page: 104 Page l of Papa 2 of 4 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow, County Parcel ID #008559 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: PROCTOR RUSSELL L III & NANCY W & GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Granter's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activlfies In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subiect to Easement: That ocean front property Identified as the address of 2314-2 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID N778C-26, and described In (check applicable box]t M Deed Book 706 and Page 464 of the Onslow County Registry recorded 20-Aug-1984 as N TPSL 2 BA L60A E1/2 of and as shown on Map Book and Page 20.015 of the Onslow County Registry. 0 See Exhibit A attached. 2. Easement Area on Property Where Activitles May Take Place: That portion of the Property, If any, which (I) Is seaward of the first line of stable vegetation, or (IQ is seaward of the toe of the frontal sand dune adjacent to the beach, or (ill) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activitle "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing constructlon equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Greater Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. other Conditions: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim a rising from Activitles on the Property;(b) Grantee has no responsibility to restore or DCM WILM[NGTON, NIC AUG 272314 rSE RBCBWEDP p 2 2014 DCM-MAD CITY Book: 3870 Page,1977-Current: 164 Setif: 2 Book: 3870 Page: 164 Page2o(4 Pea; 3.14 repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (I) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (il) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (iii) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TES IMONY WHEREOF, the Grantor has executed this Easement this the ay ofQIA.SL 2012, Signature: Signature: JvG )- Print Name: rMw_tj Print Name: Ks., Print Name: STATE OF Nc- couNTY OF rNQ„ I, eA✓ a Notary Public of the Coun and State afores Id, certifythat 6l„S Y-6C+OK and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness In I and and_pfficial stamp or seal, this day of Is`Au�ktfbl2. Notary Public My commission expires: �5-1 —1cr b mow. IWu OWN 1100� UWo MINGTpN NC AUG 29� 0114 Signature: Print Name: STATE OF 14G COUNTY OF Iva 1, mil. Kkj-Fe.v l" h ef- a Notary Public of ,r the Cou t and State aforesaid, certifythat NW+ aA-rY'achn- and personally appeared before me this 'day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this(BIA dayof ffi�gus+ 2012. Notary Public Mycommissionexpires: 5 1 - 40 44Mlla Ertwe, "', NNW Y CwCft*t .Mm c«Nw Book: 3870 Page: 164 Page 3 of 4 Book: 3870 Page, 1977-Current: 164 Seq: 3 Paga 4 of 4 � atc, 3 % 3 repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or In front of the Property or protective effects the Acrivitles or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (i) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (it) the fluctuating state of the ocean beach; and (III) Grantee makes no representatlon on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (1) Grantors title to the Property Is free and discharged from all right, title, cialm or Interest of the Grantor of anyone cialming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused 2 arruu1sed this Instrument to be signed in the entity name by Its duty authorized agent and Its seal to be h��3�eyand nd 1 NY WHEREOF, the Grantor has executed this Easement this the 012. Slgnature:Zy /---- r'> �� Signature: Print Name: dies w&),-d Print Name: A/Q.I�,ErJ. Waz Signature: Print Name: STATE OF / 'r C COUNTYOF Q I, C/LkYIIY FY` MAao- a Notary Pubic of �thJeCou y and Stat aforesaid, certlfythat LhkekS �Yd, (VQ and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness m��yhand and official stamp or seal, this dray oI f�at .__t f&Sr�t_, 20112. a 1. N((JJl p e OLdV]�1� NotaryPublic My commission expires: i'miln i taY, ROOM P a t Mr1a Cawry, er t CY0114 UJCMAI�IM Erpxrf S� I —l� REGE uTOND NC DCM WILMING AUG2�`t014 Signature: Print Name: STATEOF COUNTY OF A/, I,.Z274 f V a Notary Public of the Count and State aforesaid, certifythat Na IV. 6Y!-d personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand nd official stamp or seal, this'-yA day of 2012. cNotaryflQiD bli My commission expires: 5-4 `16 "Wit. jwg ".11,"k xMA C *. xoM CPelau YrC onj F.Wm FXCBVBD rS P 0 2 2014 DCM-MfiD CITY Book: 3870 Page: 164 Page 4 of 4 Book: 3870 Page,1977-Current: 164 Seq; 4 P e1013 1111111MIN11111y1p ft11NII1 Doc ID, 008%1N20012 i,TO3�/CAP 5:0a PM Foe Mti $28po Pl9e I of a Re, 1nus To" �0.00 onflov coun" ' Rebecca L. Pollard Rig. or Dude BK3831 Pa616-618 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID (410292 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: HEID GERARD 1 & MARYANN GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY 130) YEARS Book: 3831 Page, 1977-Current: 616 Seq: 1 Book: 3831 Page: 616 Page 1013 Pea. 2 of s BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID a778C-24 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: HEID GERARD 1 & MARYANN GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS in exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor^) convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Actfvltles In the Easement Area (as those italicized terms are defined below), subject to the following conditions: ' 1. Property Subject to Easement: That ocean front property Identified as the address of, 2310 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow, County Tax Parcel ID ff778C-24, and described In [check applicable box): 0 Deed Book 2475 and Page 22 of the Carlow County Registry recorded 7/1/2005 as N TPSL SH 2 BA L58A of and as shown on Map Book and Page 20-015 of the Carlow County Registry. C! See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Pjace• That portion of the Property, if any, which (1) is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (111) Is seaward of the crest of the erosion escarpment, whichever feature is most landward. 3. Activitles, Acttvitiet are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and*perfoamng any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rfahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. S. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activldes on the Property; (b) Grantee has no responsibility to restore.or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to tie placed on or In front of the Property or protective effects the Activities or SHdREME PROTECTION PROJECT will RECEIVED DCM WILMINGTON, NC AUG 272014 RECEIVED SEP 0 2 2014 DCM-MHD CITV Book: 3831 Page,1977-Current: 616 Seq: 2 Book: 3831 Page: 610 Page 2 of 3 Page 3 of 3 provide the Property; (d) Grantor acknowledges (I) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (it) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that it) Grantees title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (III Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / or stabliba0on related to the Shoreline Protection Project, IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and I TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of (,(, (..,_� 201A 2 IL Signature: Print Name: Print Name: STATE OF Chia COUNTY OF 1, fic.Se.ri a Notary lic of and State a� resaid, certify that NI&N n r tOJG� 11QQ and personalty appeared before me this day and acknowledged the execution of the foregoing Instrument. ��LLW�itness my hand and official stamp or seal, this ) lVday of TILIIA . 2012. `,/ �� ow, Notary Public My co riFlb0 res: �. L. I(ATIE SEITZ * � NMarYPubec,StaleoffXio 1,y commission Fakes m Aupett30.204 Signature; _ Print Name: Signature: _ Print Name: STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of 2012. Notary Public My commission expires: OcM9z'10" /I, �U�2 GT Np �apl ' Nt+ Book: 3831 Page: 616 Page 3 of 3 Book: 3831 Page, 1977-Current: 616 Seq: 3 Page 102 IM111111111111MIN DDoo toi pppet`Iaoaoz TyPI: alP AM: Oa/aa/Page at f 2 :03 NI Fee Mt: {ee,00 Page 3 Of P Rev nue Tex: t{00 00 nobeca county Ik R161cw L. Pollard RIq. Of De1d1 eK3793 po322-323 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID 11044408 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: WIFORD CYNTHIA M GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permlttees, invltees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Sublect to Easement: That oceanfront property Identified as the address of 2368 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel 10 H778D-57, and described In (check appllcable box]: ® Deed Book 1665 and Page 209 of the Onslow, County Registry recorded 14-NOV-00 as NR BEACH CB 51 L7B of and as shown on Map Book and Page 22-205 of the Onslow County Registry. 0 See Exhibit A attached. 2. Easement Area Property Where Activities May Take Place: That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or fill) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. ActIvi of "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the EasementArea. 4. Grontor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Conditions; (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or RECEIVED DCM WILMINGTON, NC AUG 272014 rSE RECOM P p 2 2014 DCM-MAD CITY Book: 3793 Page,1977-Current: 322 Saul: 1 Book: 3793 Page: 322 Page t of 2 Page 2 of 2 In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (111) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantors title to the Propertyls free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (ll) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and/or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor undersea[, and If an entity, Grantor hmr4used this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be [j@flay ,af0xed, and IN TESTIMOgNY WHEREOF, the Grantor has executed this Easement this the Print Name• ., STATE OF COUNTY OF QIYlQYl1 a Notary PubllS5�,o'f the County and State aforesaid, certify that �yYlfihia M. Vtjiftxd and -- personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this (4O'dayof Ma lf-Ch .2012.. A& , -g camat, Notary Public My commisslon expires: ccMIV/MN/CFO gV82'?e,, N Nc Print Name: Signature: Print Name: STATE OF _ COUNTYOF a Notary Public of the County and State aforesaid, and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: Book: 3793 Page: 322 Page of 2 Book: 3793 Page, 1977-Current: 322 Seq: 2 It of 2 1011111n1011a111w 000 lo: osotttx/a0W2 Tyqa CRP flewrded: so/z3/zosa a fo:2aa2 AN Fee Mt: i2e.00 Pap. L o! 2 flev nye Ax: $0.00 0nelov County NC flehecce L. Po11ud fleq. of 0eede 4870 Pa160-161 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel iD a2194 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MILLER VICTOR D TRUSTEE GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town') and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the EasementArea (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identifled as the address of 2328-1 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow, County Tax Parcel ID R778C-32, and described in [check applicable box]: ® Deed Book 124D and Page 72 of the Onslow County Registry recorded 22-May199S as N TPSL Sit 2 BA L668W3/2 of and as shown on Map Book and Page 20-015 of the Onslow County Registry. O See Exhibit attached. 2. EasementArea on Proverfv Where activities May Take Place: That portion of the Property, if any, which (1) is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (ill) Is seaward of the crest of the erosion escarpment, whichever feature is most landward. 3. Activities, "Activities' are those tasks required of the Town under its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the EasementArea. 4. Grantor Reserved Riahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of the dune In shape, dimension or function. ACM W 1�M NG �, tIC AEG 21,IZ14 RECEIVED, SEP 0 2 2014 DCM-MHD CITY Book: 3870 Page, 1977-Current: 160 Seq: 1 Book: 3870 Page: 160 Page 1 of 2 Page 2 of 2 S. Other Conditions: (a)Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on theProperty; (b) Grantee has no responsibility to restore or repair natural forces damage; (c)Grantes makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the AcffvltiesorSHORELINE PROTECTION PROJECT will provide the Property; (d)Grantor acknowledges (1) any raised lands created seaward of apre-project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward bounds ryof the Propertyor the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property; and terminates on December 31, 2042; (()Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and fill Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the F�/day of 2012, Signature: Print Name: Signature: Print Name: STATE OF 0 COUNTY OF HEEN 01364 Et ord a Notary Public of the County and state aforesaid, certifythat JIL-1ty K 14111raz. personally appeared before me this day and acknowledged the execution of the foregoing Instrument. my hand and official stamp or seal, thisday of J 2012. b(1 C` 1TIL)YCT My commission expires: To" Edord <.. Notary Pllbgo, Stow of Ohio k5 J. MyCoamiseionExpkea5r18 Jfi,-- Signature: _ Print Name; Signature: _ Print Name: STATE OF COUNTY OF a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, thisday, of 2012. Notary Public My commission expires: oo�R�c Book: 3870 Page, 1977-Current: 160 Seq: 2 Book: 3870 Page: 160 Page 2 of 2 Page 1 of 2 III'11111A11B11111 p00 10: gr/U/121010002 TyyPu aRP Reoordad; Oe/0!i/2012 at 1027, Oe An Faa Aetl 120.e0 Page c of 2 Ray nue Tax, {a go Reb.O xo eL,�aPoll d Rag, of seed, w3793 P4264-265 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID 0002195 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MILLER HUGH O & TERRY M BROWN GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantofs heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the EasementAreo (as those italicized terms are defined below), subject to the following conditions: 1. Property Subject toEasement: That ocean front property Identified as the address of 2334 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #778C-33, and described In (check applicable box]: 0 Deed Book 2794 and Page 827 of the Onslow County Registry recorded 29-DEC-06 as N TPSL 2 BA L67&68BW3/2 of and as shown on Map Book and Page 20-015 of the Onslow, County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Taka Place• That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (Ili) Is seawardof the crest of the erosion escarpment, whichever feature is most landward. 3. Ate£. "Activities" are those tasks required of the Town under its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishln& and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune in shape, dimension or function. 5. Other Canditlons: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property, (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or DCM WILW46-TON, NC ms 21 Itik RECEIVED SEP 0 2 2014 DCM-MHD CITY Book: 3793 Page,1977-Current: 264 Seq: 1 Book:3793 Page: 264 Page 1 of 2 Page 2 or 2 p3N N �' L 1-i ec- n In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public tmst; (g) the fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property and terminates on December 32, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (Ill) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed in the entity name by Its duly authorized agent and Its seal to be hereunto affixed, aPd IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of 4f2012. Signature: A Signature: >t'/t.l-t,f ((Q�1.L-D.,t.,,, Uby''00 Ptlnt Name: Print Name: 1'�it/f/li i �•�Js/i tJVOI/•)1`l� Signature: Print Name: STATE OF• D COUNTYOF /1/,YC a Notary Publij of the County and State aforesaid, certifyth t,,✓.. U• �1Pr..� and T.�....,7 personally apokared before me this day and acknowledged the execution of the foregoing Instrument, hand and official stamp or seal, this Notary Public 'j— 7 ' 3 r 7 My commission expires: 2,2 7 ' Signature: Print Name: STATE OF ` COUNTY OF 1, a Notary Public of the County and State aforesaid, certifyt td and 2_.2 personally a0eared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day ofq .2012, 4116,9 7� T HOC Public 25 -V S S'( smissionexpires: LS Lot( Book: 3793 Page: 264 Page 2 of 2 Book: 3793 Page, 1977•Currenl: 204 Seq: 2 Pent i of 2 IYMpI'IPI1N11 1 W YNI1111,11 niioPdid: o/ss332'0'MtT14 iaGe An Ftl ,laT1zp i2e.pp00 t ip00Pall 1 of Rlvfnua p,biWaeLunPollVd RIR, If e11d1 eN3870 Pa171-172 For Onslow County Parcel ID #15864 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: QUINN PATRICK & THOMAS GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar (S1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively 'Grantor) convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town') and on behalf of Its representatives, agents, employees, officals, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively 'Grantee) does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property Sublect to Easement; That ocean front property Identified as the address of 2318.2 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID R77SC-28, and described In [check applicable box]: M Deed Book 202S and Page 442 of the Onslow, County Registry recorded 19-May-2003 as N TPSL SH 2 BA L62 of and as shown on Map Book and Page 20-015 of the Onslow, County Registry. 0 See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Placer That portion of the Property, If any, which (1) is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion estarpment, whichever feature Is most landward. 3. 94flyltleE• Aclvitles' are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Prolect over, at, on, under and above the Easement Area. Activities do not Indude moving or damaging permitted permanent Improvements within the Easement Area. 4. Grontor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, Slate or local laws or regulations, provided that such structures shall not violate the integrity of the dune In shape, dimension or function. RECEIVED DCM WIL �' 1�14 m NC AUG g RECULD SEP p 2 2014 DICK -MO CITY Book: 3870 Page, 1977-Current: 171 Seq: 1 Book: 3870 Page: 171 Page 1 of 2 Page 2 of 2 S. Other Condiffons: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, tuns with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duty authorized agent and I s seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the `ZA—dayof.PA [—t 2012. c Signature: -- Print Name: t'f� &Cir—L Qwy)✓1 Signature: Print Name: STATEOF 064� ayolma COUNTY OF QAJ I, C YJY) -2. FAA I r,P.n a Notary Public of the Couptty and State aforesaid, certify that. (.1.l�i V1iY1 �1 and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this_ day 21of P"IJA .2012. Notary Public U My commission expires: Mr,mbPr Lb, Lo( (o Signature: `r ' Jya�r , [ i �f Print Name: IAo^g) , tyy,NN Signature: Print Name: STATE OF COUNTY OI _ w 1, Alg-ekly a Notary Public of the County and Stb aforesaid, certlfythat %!�.�.,.,� personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this /day of 2012. .... Notary Public My commission expires: Book:3870 Page: 171 Page 2 of 2 Book: 3870 Page, 1977-Current: 171 Seq: 2 Page 1 of 2 IMN W �NO�'oo*N�IReWIY�IA9Y�Y Rscordad; 0e 0 20it et 11:27i0/ AR Fee Mtt i2a.00 Pees 1 or 2 Revl1nw Tezf 0.00 Onelov County fN Rabacce L. Pollard Ran. or needs ax3793 Pe260-261 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID #002197 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MCCARTHY EDWARD F & MARY TRUST GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor') convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Properiit Subject to Easement: That ocean front property Identified as the address of 2938 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID 0778C-35, and described In [check applicable box): 0 Deed Book 1635 and Page 25 of the Onslow, County Registry recorded 19-JUN-00 as N TPSL SH 2 BA L69B&70B of and as shown on Map Book and Page 20-015 of the Onslow County Registry. 0 See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place• That portion of the Property, if any, which (1) Is seaward of the first line of stable vegetation, or (if) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activities, "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activitles do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rlphts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function, 5. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or RECE1VF-D DCM VVILMINGTON, NC AUG 27201k rIiECENED SEP p 2 2014 DCM wri CITY 13ook. 3793 Page: 260 Page 1 of 2 Book: 3793 Page, 1977-Current: 260 Seq: 1 Page 2 of 2 -)XL' 3-S 73V1Ji4�' In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre•pro)ect mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantor's title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (ill) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of 41Atjti/- 2012. r t 1 / Signature: Print Name: t� Signature; cc Print Name: rjt Aa ,L r . M r• Cav STATE OF r/t COUNTYOF CA-es-Vf, a Nota ublic of the County and State aforesaid, d certify anlc and AA (.,i c personblly 4ppeared' before me this day and acknowledged the execution of the foregoing Instrument. Witness hand nd official stamp or seal, this dayof A(y 2012. Not blic My commission expires: II l4 r s Y1V 406 2'?00,O N 410 E Signature' AeAyc Print Name: Signature: Print Name: / STATE OF 001- COUNTY OF CA�5 r 1, Xaa&k-b&0,o a NotaWPub.1iF of the ougt!a d St aforesaid, certifZ,l and L personally appeared bef re me this day and acknowledged the execution of the foregoing Instrument. Witness my had and official stamp or seal, this d y o- 2012. Public Mycommisslon expires: 11mmo 5 NOTAMALSEAL xAPYLA R. COFFMAN. Notary Pub5o Ww1 Goshen 7Mme 1A Chaaar County My Coramlealon e(PVM NovaiMar 0, 20I5 Book: 3793 Page: 260 Paga2of2 Book: 3793 Page, 1977•Current: 260 Seq: 2 page t of 3 I fl61' 11911� I, F IY NNO S 1 III' ■ 0 00 IDI 00000730006 jPst CRP Recorded: T/14/2012 at 03:40: 11 PM Fee Mt: �26.00 Page I Of 3 no, +nue Tae: 00 OPelOV C.gNV {0 NC Robloaa L. Poilard Raq. of Deed$ 6R3831 PD625-627 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID 1142744 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MARTIN EDWARD 8 & GAIL H GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS MWGMNED -�GN,NG a CEM IIIIIIIIIINP SEP p 2 2014 nmMemy Book: 3631 Page,1977-Current; 625 Seq; 1 Book: 3831 Page: 625 Page 1 of 3 Page 2 of 3 i BEACH NOURISHMENI EASEMENTAGREEMEN For Onslow, County Parcel ID 877SC-16.1 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MARTIN EDWARD B & GAIL H GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permlttees, invitees and assignees (collectively "Grantee) does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of, 2290-1 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID 877SC-16.1, and described In (check applicable box]. 0 Deed Book 674 and Page 513 of the Onslow County Registry recorded ll/29/1983 as N TPSL SH 2 BA LSOB of and as shown on Map Book and Page 20-015of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (II) is seaward of the toe of the frontal sand dune adjacent to the beach, or (lit) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Actt e , Activities' are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the EasementArea. Activities do not Include moving ordamaging permitted permanent Improvements within the EasementArea. 4. Grantor Reserved Riahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. S. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property, (b) Grantee has no responsibility to restore or repair natural forces damage; (c)Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will tn'Unitu:M rli+ti :: /r�� y`•gilit tkiV ,..' aiJ'+': t.n ':. 0 ` tn::'! cM wr�M/N�T�o NC Book: 3831 Page,1977-Current: 625 Seq: 2 Book: 3831 Page: 625 Page 2 of 3 Page 3 of 3 provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre project mean high water mark is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (Ili) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim orinterest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (111) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the —A" -dayof Ty",L .2012. r pD Slgnature:,�-Lr' z h - Print Name:A2m6dA.rs �•/hRa7.N Signature: Print Name:• .c N,/h MIK.wr eA�c6nsko STATE COUNTY OF OF I, // / a Notary Public of the County and State aforesald, certifythat EdAW d t3. and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this a*-dayof J4-r-4--- .2012. Notaroqublic My commission expires; EuLiumtk"Milli TC * aasd dW %00 ttr a1 2111E RECEIVED DCM WILMINGTON, NC g6 21 V14 Signature:_ Print Name; Signature:_ Print Name: STATE OF COUNTY OF I, a Notary Public of the County and State aforesaid, certify that _ and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of ,2012. N otary Public My commission expires: IZ1rCEj►Ig� SEP p 2 2014 DCM-MHD ary Book: 3831 Pago: 625 Page 3 of 3 Book: 3631 Page,1977-Current: 625 Seq:3 Page t of 2 1IN111111111111111 RNioa.db: n94W1100o9 r P" W eiv'+nAOu:'r:x°'Ja$N00 . i`oisQ=o,se AH Ona ov County jp aebPooa L. olltrd pact, of gerAe aK3793 Pa314.315 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID #040431 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: TOPSAIL REEF HOMEOWNERS ASSO GRANTEE: TOWN OF NORTH TOPSAIL REACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantor's heirs and assigns (colleciively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities in the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. property Subject to Easement: That oceanfront property Identified as the address of NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID H778C-1, and described In [check applicable box]: H Deed Book 0 and Page 0 of the Onslow County Registry recorded 01-JAN-81 as TPSL REEF C/A of and as shown on Map Book and Page 20-069 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activlfles May Take Place: That portion of the Property, If any, which (I) Is seaward of the first line of stable vegetation, or (II) is seaward of the toe of the frontal sand dune adjacent to the beach, or (Ili) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. A!v des. "Acttvltles" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repalrin& rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activltles do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grontor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Cam: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (e) Grantee makes no representations on sand volume, If any, to be placed on or o�MRF�N,�� ?, 0 pc Book: 3793 Page, 1977-Current: 314 Seq: 1 Book: 3793 Pago: 314 Page I of 2 Page 2 of 2 provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042, (ft Grantor and slgnatarfas acting on its behalf warrant and covenant that (0 Grantor's title tothe Propertyls free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrumentto be signed in the entity name byltsduly authorized agent and Its seal to be hereunto aXxed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the a of MR.e CM 21 12. Signature: ! I Signature: Name: Print Name:; STATE OF NS,1- COUNTY OF LI)ok.,t 1, W? k'. te.cc.) E IJtnsG�e a Notary Public of the Cou ty and State aforesaid certifythat L�oV% L �'• S and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this Udayo MA_1c"ln'2012. r/t.LCiUeJ t I.i/Ir14,OCke+� Not ry Public My commission expires: OZARY PUB00 Print Name: Signature: Print Name: STATE OF _ COUNTY OF I, a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of . 2012. Notary Public My commission expires: FkF' "TpN NC RECEtVBD D�MW1�MWr" SEP p 2 2014 DICU-MHEIMY Book: 3793 Page,1977-Current: 314 Seq: 2 Book: 3793 Page: 344 Page 2 of 2 I1M1111W111111A011 Dan ford, olOfee110002 TYoai CPP Repan&rds!!/2e/2o12 et :t41 0 Mt Mt: {2e.00 Page t of 2 Rsv1nue Tex: aa00 onelov County Rsbsoea L. Pollard eeq. of Dead& eK3887 Po232-233 EXCISE TAX PAID $ BEACH NOURISHMENT EASEMENT AGREEMENT Fee Ornlow County Parcel 10934138 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: POL/W CO FAUSTO A JR & AMIE E GRANTEE: TOWN OF NORTH TOPSAIL BFACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other goad and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively'Gnmoe) convey to the Town of Topsail Beach, North Carolina, a municipal corporation (Town`) and on behalf of its representatives, agents, employees, officials, engineers, consuhants, surveyors, contrzctors, subwntraRors, permittees, Invitees and assignees (collectively'Grvntee) does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Atthd les In the EasementArea (as those Italicized terms are defined below), subject to the following conditions: 1. Prooerty Subject to Easement: That ocean front property Identified as the address of 22761 NEW RIVER INLET AD, North Topsail Beach, NC 28445 and, Onslow, County Tax Parcel ID 8778C-10.1, and described In [check applicable box]: H Oeed Book 3212 and Page 619 of the Onslow County Registryrecorded 17-Apr-2009 as N TPSL SH 2 BA L44B of and as shown on Map Book and Page 20-015 of the Onslow, County Registry. ❑ See Exhibit A attached. 2. Easement Arco on Praftnty Where Acthddes May Take Pure: That portion of the Property, If any, which (1) is seaward of the first line of stable vegetation, or (II) is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the eroslonescarpment, whichever features most landward 3. dETbilft{. 'Actfvtdes' are those tasks required of the Town under its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, prewni ng, patrolling, constructing, operating, maintaining, repelling, rehablittatin& nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depoAdIng sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project met, at, on, underand above the EassmentArea. Acdvhfn do not Include moving or damaging permitted permanent improvements within the Eosemernll a. 4. Grant E,jjgselved,fifights,. Grantor reserves the right to construct dune walkoverstnsctures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. RFC OCM O/V' NC AUG 27 201 Book: 3887 Page, 1977•Current: 232 Seq: 1 Book: 3887 Page: 232 Pagel of Page 2 of 2 S. Odw CardX=: (a) Grantee will Indemnify, hold harmless and defend the Gnmor for any claim arising from Acthe Nes on the Propedr, (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If arty, to be placed on or In front of the Property or protective effects the AcNvltles or SHOREUNE PROTECTION PROJECT will provide the Property; (d) Granter acknowledges (])any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust, (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach, (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042, (q Grantor and signatories acting on its behalf warrant and covenant that (1) Grantors title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grams; (II) Grantor will hold harmless, Indemnity and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so, and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protectlon Project. IN WITNESS WHEREOF this Instrument Is exerted by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of 2012. Signature,,(( i/�� J wCC9�-,s.x.�-CL G� � � � �.,._ Print Name•!'Q-ki;t wYJ7t11S b-Ak 'U Signature: PrintName: r � STATEOF COUNTY OF 1 a Notary and "2 and fill L y-12 1'J-VIJI JAfo �t K personally appeared before me this day and acknowledged the execution of the foregoing Instrument. /p Wlt ess my hand and official stamp or seal, this' day of 4P4vt }J2012. Notary Public Mycommissionexplres: REGEIV� NG pCM VIII MINGTO WU 2 9 1014 signature: - Print Name: Signature:_ Print Neme: STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this_ day of 2012. Notary Public My commission expires: rsUCEWW u 0 2 2014 DCMMHDCTfv Book: 3887 Page: 232 Page 2 of 2 Book: 3887 Page,1977-Current: 232 Seq: 2 r0e0 1 of 6 n:e11'e:d: 1072e)2oeO 1T7oia%14 An Fa Ant: {2e.00 PW t or e Rev1nue Ta: 60.00 WNW County Ik Rabaooe L. Pollard Reg. of Deeds uK3870 Pa118-123 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel 10 N044404 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: GRAZIOSI GENE & MICHELLE GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS ncM wI�CEi v,E p MINGTpN, NC AUG 2 7 2014 Book: 3870 Page,1977-Current: 118 Seq:1 Book: 3870 Page: 118 Page 1 of 6 Page 2 of 6 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID R044404 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: GRAZIOSI GENE & MICHELLE GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar (S1.00) and other good and valuable considerations, the recelpt of which Is acknowledged, the Grantor and Grantees heirs and assigns (collecllvely'Grantoe) convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town') and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities in the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easementi That ocean front property Identified as the address of 2392 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID 11770-53, and described In [check applicable box]: H Deed Book 2504 and Page 494 of the Onsiow, County Registry recorded 17-AUG-05 as NR BEACH C8 1 L3A of and as shown on Map Book and Page 22-205 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Eysitment Area on Property Where Acilvlties May Take Place: That portion of the Property, If any, which (I) Is seaward of the first line of stable vegetation, or (II) is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Artltie . "Activities' are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, ahering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. S. other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any daim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c)Grantee makes no representations on sand volume, If any, to be placed on or rin RECEIVEDP 2 2o)a CM MHD CrrY Book: 3870 Page,1977-Current: 118 Seq:2 Book: 3870 Page: 118 Page 2 of 6 Page 3 of 6 In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (I) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantor's title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the �* dayof. Q�l,,t��tLL�-S� ,2012. signature: �,,,,7t�Pgc-Q Signature: Print Name: ear G &OZf0gi _ (i1a.4ti/z bA signature: car+ Print Name: ko, c%c I(-e 6yt.AzI) STATE OF t-� C&I-61 Ih-A • • �;>tillat�— I, l OAn L T .i� I VYA—�- a Notary Pubnlic o�f ^th_e County and State aforesaid, certify that `C C'. CO Y-7iOS i and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. and official stamp or seal, this _, 2012. NGICmbe,,22, Z0 k V1 Print Name: Signature: _ Print Name: STATE OF COUNTYOF I, a Notary Public of the County and State aforesaid, certifythat and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: Book: 3870 Page; 118 Pago 3 of 6 Book; 3870 Page, 1977-Current: 118 Seq: 3 i9i 1980 i1�f485 �ar0� '. • mn mrykn . 00@(IYOP-je.'.� 1lNI7FD TOWAROF A7TOPNBY I, hlkh.Ye Onihll bffft w114 mmilUC rdappalil MYhnbV4 ema(tnk.l, my me end hw&i ,ronay.M.fK fa me rd h my mine. plea end"Per are per,mme Aaa.Wx ala. I hmby yM.rd rM ado my elbmr b% W hit &u%Ay W m.14 utail4 Dn4 wphnmtautai.�howimsln.dfi�vonimy lt.tkckte , amid OIla % NW Qdl. Pbw Oa, Ouker Cwny. Nab Catle, is mom do$Mdt `A" ' eeeebdlwerq Hetedindba Mtiandb: (q My end al aauvau, 6Mram,, or arler ham rry.lnd bya f hhd by 114 kda, fa finevc1% b,eh At. W is limited l4 to Twh(n:ladfoh Nne.dDeeda(T dFX64kw • (b) 71a HUN SmhonotAl.lvpmi vbkh.06A, lba towkI med dkbonmrMaf dl fund (c) AtmelLa adavmewxadedlflood elmanea ao Ae P'ap•W 1�N. bRM MRd14a 1. by LN,;d.dord*$ eomo • � (d) My kare. rephdby b. Mdraekded mnm.yto Who Wi pvmawa • nl4maof.a.Dow refaartedaova7.od (.) MYdmnmlepenehhAbtaSl¢11f sEeripeflheprgrnnty.lferylkab7.. oivf s ed NaHd We wy eae enorwh.hG AAI pour ed eet orAy to do aid ppuv��mn nrb mid mry M end Ny rapA.B4 aaa.ry a pgopr W. b a doM u Nib' b .tl 'Wor halm elal me.ul dpgaoouk d�if q.roultypompmeds. Tkybyelldat Komq "I call .5iocil by. ba doeaby Wh. li"Why rnw. m"'! brofAnauy .mil M b i eaad 6y wy nb..gav,l 1^aPieRY a mbtd httmptaaa. ppele loan Few 4" feq: I. K�OEN sO,t�+ 000NNw t`� ,1p14 UCEWBD SEP MM-MAD Crry Book; 3870 Page,1977-Current: 118 Seq:4 Book: 3870 Page: 118 Page 4 of 6 9144494'1 _.......... ____ • IV519�011b1y86� . ;: ATPACIUMIld- t. t gK Ufllf'A' t • BHI{dO dmdwn WA iftlI d a unit No. 30AB, a 0M w a Ph a) a PhD(,) wlkitd "NBa CapdmL Phew OW. twordod In Wt Owwr Wp ]. Pages 8 6mgh a-0 In &A oeke or tAe Roghtet od DwL odOiaiow cm*, Nosh Cwllm, utereoee b arhkh is hemhy made (oe a Wore pardmlu 4whipti o: eoeegaewlm u •dahu end tumpmu Awxtuwnl to aM colt a apMtkally eadmwrated In the 'DECLARATION OF CONDOMR IUWI tnoed 8y RESORT PQBrnRS• INC., a teootded to Book 940, Pays 564, a a%. a amended I. hook 944, Page 93, O.I w County Regkto, uA patawnf dwtdo; ma$m* M VIW CgxWI Npmmwnaa Aaaahlkty4NonLCaoBoanortdroRtmtpondoa I . ac4f wr To 0 Auk 2 �14 N HC aeekt 18110 aa9el 405 llw a Book: 3870 Page: 118 Page 5 of 6 Book: 3870 Page, 1977-Current: 118 Seq: 5 nY�YyJ66i611 pit 1980 NIE467 SIIIS IJMrr6a POW DY AT Rh--EY 60 WW-AFT" 100 DAY& WOneu my No! eM ud 5416e Jl.-4'Y of On.lod i • wu00n1 eW,.mr. iur Fw answ,w d,.w a, ,u wns 0«t � nn�ru ba f7eNt i 'J0 IMLL 6j •-HIV RECEIVED DCM WILMINGTON, NC AUG 272014 B J, 1000 eyes 465 fy; e RECEM HP 0 2 2014 Book: 3870 Page,1977•Current; 118 Seq: 6 DCM-Nm CITY Book: 3870 Page: 118 Page 6 of Page 1 of 2 DW10Id��I����MINM 1P Rea ro: ppppppel0egoo02 T pa1 DRP Raoordad: od/pppppp/2012 at 112e:37 NI GN Mt: 12E. 0 page t o Y N Duo bxl o.0o gi6lW c`. Pollard Ran. Of Dead, "3793 Po202-203 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID 1f002199 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: BOYLE EDWARD F GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable conslderations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantee) convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, pennittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Actlidtles In the EasementArea (as those italicized terms are defined below), subject to the following conditions: 1. Proaertv Sublect to Easement: That ocean front property Identified as the address of 2340 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID 078C-37, and described in Icheck applicable box]: N1 Deed Book 1415 and Page 555 of the Onslow County Registry recorded 08-DEC-97 as N TPSL 2 BA L71&72BW1/2 of and as shown on Map Book and Page 20-015 of the Onslow county Registry. ❑ See Exhibit A attached. 2. Easement Areo on Proaertv Where Activities May Take Placan That portion of the Property, if any, which (I) Is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Atv Je . Activlfles' are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Acth itles do not Include moving or damaging permitted permanent Improvements within the EasementArea. 4. Grantor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activltles on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; ]c) Grantee males no representations on sand volume, if any, to be placed on or RECEIVED DCM W►LMINGTON, NC AUG272014 Book: 3793 Page, 1977-Current: 202 Seq: 1 Book: 3793 Page: 202 Page 1 of 2 Page 2 of 2 In front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (1) Grantors title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (111) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by its duty authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the _ da of APfuL, .2012, Signature: 71� Signature: Print Name: LI/ �n 1` I% �` Print Name; Signature: Print Name: STATE OF A��1 t�- (n) i nc,_ COUNTY OF I)1ps(ilt e-) >f1�11�ba. x -(,�-- 1 )uj�� 991p a Notary Public of t Hounty and State aforesaid, certify that �P c1uX4ti_,. '2 and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of 2012. N eoen'Saw FAIR" q)r ;f_ 'otigoo ..!;rj V `" DCM W GM1 A�G��2014 Signature; Print Name: STATE OF _ COUNTYOF a Notary Public of the County and State aforesaid, and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: RECEIVED SEP 0 2 2014 DCMR1fi➢CI'i'Y Book:3793 Page: 202 Page 2 of 2 Book: 3793 Page, 1977-Current: 202 Seel: 2 Page t of 2 11 Doo la: or=23Ya�02 >ryea: C21 aacordedf pp OOaa 1001 at {2127tYi N7 Fp 0 Nti 4a•pp0p Paga 1 o 2 pwl1nve Tax: 10 00 on$loQ County Hg RAMA L, Pollard Part. of Dead@ 3793 410-311 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID #002202 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: SULLIVAN MARK & CINDA GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAM $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Gramoes heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation (°Town") and on behalf of its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees icollectively'Grantee') does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of 2344 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID R778C-40, and described In [check applicable box]: Ed Deed Book 1665 and Page 229 of the Onsiow County Registry recorded 14-NOV-00 as N TPSL 2 BA LW73&74B of and as shown on Map Book and Page 20-015 of the Onsiow County Registry. El See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most la ward. 3. ActIvItle "Activities' are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, malntalnln& repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, Stale or local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Conditions: (a) Grantee will indemnity, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or R oCMltij�MN��FO Book: 3793 Page,1977-Current: 310 Seq: 1 Book: 3793 Page: 310 Page 1 of Peal p,Pf 2 In front of the Property or protective effects the ActivlNes or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (I) Grantors title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; ill) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (ill) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by Its duty authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the dayof "Orc% .2012. Signature:_! Signature: Print Names bark- V, Ilya, Print Name: Signature: 4!L 6- tlO�%i.,wi Signature: PrintName:Ctnda 9- SuiIiyat,-, STATE OF 1� 11 C-c-l�''Yn COUNTY OF Ut l�l UW 1, (2&'o I. —1-:am ✓ a Notary Public of the County and State aforesaid, certify that Meg plc 0 \. A I I and, Q "YXda 1StAI IWIt-+ personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this S"ayof t—{a .2012. NotaryPublic U d ' My commission expires: m NOT pU1361y �y Ok" COo RECENE� 0cm WILMJNGTON, NC AU611 2ZA Print Name: STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of . 2012. Notary Public My commission expires: RECUVED r P p 2 7n I)CMYRDCrfv Book: 3793 Page: 310 Page 2 of 2 Book: 3793 Page, 1977-Current: 310 13eq: 2 Page t of 2 . tOr 0a0aoega81111 oz 114. Z Fie Mtar{4e7p�p7Papi tt f 2P7r07 IH R.Vfaae T.xt W o0 Mblou o`unPojli1rd Rag. of Onds 3793 Po266-267 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID 442612 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MILLER MICAH M & SIDDHARTHA M VELANDY GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM; THIRTY(30) YEARS In exchange for the sum on One Dollar (S1.06) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town') and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Granted') does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the EosementArea (as those italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of 2324-1 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, onslow County Tax Parcel ID R770C-30.1, and described In (check applicable box]: Id Deed Book 2400 and Page 243 of the Onslow County Registry recorded 28-re"S as N TPSL 2 BA L648 W1/2 of and as shown on Map Book and Page 20015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activltles May Take Placer That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or(111) Is seaward of the crest of the erosion escarpment, whichever feature is most landward. 3. ActivJt "Activftles"are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement area. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rlohts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the Integrity of the dune in shape, dimension or function. 5. Other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or DCM RECEIVED ON, NC AUG2 92014 Book: 3793 Page,1977-Current: 266 Seq: 1 Book: 3793 Page: 266 Page t of 2 Page 2 of 2 In front of the Property or protective effects the ActfvfUes or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (il) the fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on Oecember3l, 2042; (f)Grantor and signatories acting on Its behalf warrant and covenant that (I) Grantor's title to the Property is (fee and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, indemnify and defend Grantee from such claims, and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, stale, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument is executed by the Grantor under seal, and If an entity, Grantor has caused this instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the 30th day of May ,2012. Signature: _7: Signature: ����Mrf /� , 6.r� Print Name: Siddhartha M. Velandy Print Name: /-(1 CW4 �• I-Glier— Signature: Print Name) STATE OF Florida COUNTYOF Hillsborough 1, Mario Russlra, Malor, USMC. Judee Advocate. a Notary Public of the County and State aforesaid, certify that Siddhartha M. Velandy and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this ILCl REG���,-�ON, NC p�MW��M AUG 2 � 2014 Signature: Print Name: STATE OF North C4r'ojjnG COUNTY OF 00510" I, ROW+ s wto"� cot a potary Public of the County and State aforesaid, certify that m I c i, M rz; I f er- and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of '2I MaY ,2012. Notary Public ��•` Fr`' My commission expires: s Q Ito rSRECEIVED EP o 9 /r• a Book: 3793 Page, 1977-Current: 266 Sec: 2 Book: 3793 Page: 266 Page 2 of 2 jT1lof3 IIM�IIIIII�N®��t�II,1111�� Doo ID: p0p9B1710003 Tvo.i CPP P000rdod: 00 M Page I 1.6:04 PM F.. pu Ix4.� P.Q. 1 01 3 Pwfnw Lx7 0.00 R.b County NC P.bE L. Foil& Pon. of Dude BK3831 Pa619-621 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID N34337 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: KOSKO JOSEPH M GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS Dc wEC' ,, MllyGro� AUK 2 7 �1¢ Np Book: 3831 Page,1977-Current: 619 Seq:1 Book: 3831 Page: 019 Pago 1 of 3 Pape 2 of 3 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID p778C-12.1 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: KOSKO JOSEPH M GRANTEE: TOWN Of NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively "Grantor') convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, 'officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee') does now grant and convey unto the Grantee; this Easement until December 31, 2041 to go upon the Property to conduct Activities in the Easement Area (as those Italicized terms are defined below), subject to the following conditions: ProuertvSublett to Easement: That oceanfront property Identified as the address of, 2280-1 NEW RIVER INLET RD, North Topsail Beach, NC 28445 add, Onslow County Tax Parcel ID N778C-12.1, and described In [check applicable box]: Bl Deed Book 1614 and Page 719 of the Onslow County Registry recorded 3/20/2000 as N TPSL SH 2 BA L46A of and as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Areo on Proaertir Where Activities May Take Place: That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (111) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activitles• "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing,' and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activitles do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrityof the dune In shape, dimension or function. 5. other Conditions: (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activitles'on the Pmparty; (b) Granfewhss no responsibjlity to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the Actliddes•or SHORELINE PROTECTION PROJECT will NG �--'O NG UCEMD PUS' SEP p 2 2014 DCM-Moclily Book: 3831 Page, 1977•Current: 619 Seq: 2 Book: 3831 Page: 619 Page 2 of 3 Page 3 of 3 provide the Property; (d) Grantor acknowledges (I) any raised lands created seaward of a pre-praject mean high water mark Is the property of the State of North Carolina subject to the public trust; (it) the fluctuating state of the ocean beach; and (Ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on Its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (111) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor hascaused this Instrument to be signed In the entity name by Its duly authorized agent and its seal to be hereunto affixed, and IN T TIMONY WHEREOF, the Grantor has executed this Easement thisthe dayof 2012. Signature:_ Print Namet Signature;_ Print Name: STATE OF COUNTY 1,_ I�tll, -U. is rda a Notary Public of the county Ind State aforesaid, certlfythat Xesr 1. m. )C.ask- and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness y hand and official stamp or seal, this I JOdayof 2012. Nota4 Pub "( My commi on expires: 09 .1-f �'� OC y�` Y �nF,rp• M'P14� �1 ��,�201� Mi �T �Me o� '9�6,2 ati Np °°„M,' Signature: Print Name: Print Name: STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of .2012. Notary Public My commission expires: Book: 3831 Page: 619 Page 3 of Book: 3831 Page,1977-Current: 619 Seel: 3 Page 1 012 inglimNn1ffigi11imil ppoi0'49"d: osa/o Nc,12 tT iia9T:D0 /r1 Fae raft i2e.00 Page t o� R Rw}fnue Tex, W no Oneloy County RebeOCR L. Pollard Rea, of Dead' SK3793 Po252-253 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID R42746 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: LEWIS SALLY K GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct ActNltles In the EasementArea (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of 2318.1 NEW RIVER INLET AD, North Topsail Beach, NC 28445 and, onslow County Tax Parcel ID R778C-28.1, and described in [check applicable box]: 0 Deed Book 3223 and Page 860 of the Onsiow County Registry recorded 8-May-09 as N TPSL SH 2 BA L628 of and as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Actlyltles May Take Place• That portion of the Property, If any, which (1) Is seaward of the first line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (111) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. A4tlyl!/Ei. "Actfvltles" are those tasks required of the Town under its Shoreline Protection Project, which tasks include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, underand above the Easement Area.Activhles do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. Grantor Reserved Rlahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State of local laws or regulations, provided that such structures shall not violate the Integrity of the dune In shape, dimension or function. 5. Other Conditions; (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or vGE �oNrNG p611014 RECEIVEDrs, EP p 2 2014 SEP n e DCM-=C]TX 1DCMMFTnrrry Book: 3793 Page, 1977-Current: 252 Sec: 1 Hook: 3793 Page: 252 Pago 1 of 2 Page 2 of 2 In front of the Property or protective effects the ActivItks or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (II) the fluctuating state of the ocean beach; and (III) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (a) This Easement binds Grantor, runs with the title to the Property; and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (1) Grantor's title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of, 2012. Signature: Signature: PrintName: S \ Print Name: Signature: Print Name: STATE OF 0 Q C IZV,( cy 01rnrt-- COUNTY OF (1h_-4CUW a Notary Public of a Count not State aforesaid, certify that �a:0an.. Isle wtO and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of2012. My commission expires: aOTAq), W Signature: Print Name: STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certlfythat and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of_ ,2012, Notary Public My commission expires: Book: 3793 Pago,1977-Current: 252 Sec: 2 Book: 3793 Page: 252 Page 2 of 2 EXCISE TAX PAID $ Q Ty�� Nico�did; 7P8.001%2!%PepYOl it OD�39CP FAMu Mt: {e 1 0/ Rsvtnue Te%: t0 OO OWMY NO RaEecce L, Roflsrd Rea. of Deeds BK3887 PD234-239 EASEMENT AGREEMENT STATE OF NORTH CAROLINA COUNTY OF ONSLOW THIS EASEMENT AGREEMENT ("Easement Agreement") Is made, entered Into, ON and effective this 1day of November 2012, by and between Richard and Marguerite Farley ("Grantors" or "Farley6') and the Town of North Topsail Beach CGrantee' or "the Town'). RECITALS Grantors are the owners of real property located at 2300 New River Inlet Road, Unit 1, North Topsail Beach, North Carolina 28460 and more particularly described In deed book 1353 at page 152 of the records of the Onslow County Register of Deeds and further described in map book 20 at page 15 ( the Property"). The Grantee Is a North Carolina municipal corporation seeking to Institute an erosion control project on or In public trust waters and beaches within the Grantee's corporate limits and may require access over certain portions of private oceanfront property In order to complete the project. As an accommodation to the Grantee, the Grantors agree to grant an easement over a portion of their property to allow the project to proceed. Page 1 of 5 FIECEIVED [)CM WILMINGTON, NO AUG 272914 rSBECEWW ^E/PP 0 2 2�0r14 v Ll/���e1Y1:�a CIT Book: 3887 Page, 1977•Current: 234 Seq: 1 Book: 3887 Page: 234 Page t of 6 " Page 2 of 6 I NOW THEREFORE, for and In consideration of the easement granted herein, the sum of One Dollar ($1.00) In hand paid and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and as an accommodation by the Grantors, the Farleys and the Town do hereby covenant and agree as follows: Section 1: Easement for Erosion Control Project. The Grantors hereby grant to the Grantee an easement ("Easement's over the portion of the Property which Is seaward of a point twelve feet from the last step of the wooden staircase ('Staircase") facing toward the Atlantic Ocean and descending from the wooden rear deck of the Fareys' home located on the Property. The Staircase is further described as 12.4 foot set of wood steps on the land survey attached hereto as Exhibit A. Exhibit A is Incorporated by reference and made a part of the Easement Agreement. The Staircase does not mean those wood steps Indicated In Exhibit A which face toward New River Inlet Road and are adjacent to the wood planter and concrete drive. In the event that the Staircase Is moved or altered, the Easement area will remain fixed based on the location of the Staircase as Indicated In Exhibit A. The parties agree that changes to the shoreline shall have no effect on the location of the Easement and that the location of the Easement does not change. The Grantee's use of the Easement is subject to the additional terms and conditions described herein. Section 2: Easement Duration. The Easement is granted for a time certain and shall expire and be extinguished by Its own terms on August 1, 2018. Section 3: Activities Permitted In the Easement. The Easement may be used by the Grantee for the sole and exclusive purpose of ingress, egress, and regress of personnel, equipment, and materials to the Town's erosion control project construction n^ RECEIVED DiWMILMINGTON, NC ?o'T0�0 AUG 2 7 2014 Book: 3887 Page,1977-Current: 234 Seq; 2 Book: 3887 Page: 234 Page 2 of 6 - Pega8of6 site located In or on public trust waters or beaches. The Grantors and Grantee hereby agree that (a) parking or storing equipment or materials and (b) erecting structures or fixtures (whether permanent or temporary) are prohibited In the Easement. The parties further agree that such conduct constitutes an overburdening of the Easement as contemplated under North Carolina law. Section 4: Grantors' Rights to Construction In Easement. The Grantors reserve the right to construct dune walkover structures and sand retention fences for erosion control to the extent such construction is allowed by applicable federal, slate, or local laws or regulations. The Grantee agrees that the erection of structures described In this section by the Grantors does not constitute an obstruction or violation of the Grantee's rights of use of the Easement. Section 6: Indemnification by Grantee. The Grantee will Indemnify, hold harmless and defend the Grantors for any claim arising from its conduct or activities in the Easement. Section 6: Easement In Gross. The Easement granted to the Grantee by this Easement Agreement Is an easement In gross, Is not a commercial easement, and may not be assigned by the Grantee. Section 7: No Warranty of Title, The Grantors make no warranties, covenants, or representations regarding title to the Property or area of the Property subject to the Easement. Section 8: Enforcement. In the event of a breach of this Easement Agreement by any party of any of the terms, conditions or provisions hereof, the party suffering the breach shall be entitled forthwith to full and adequate relief by injunction or other Page 3 of 6 RECEIVED PXCMW DCM WILMINGTON, NC 10 AUG 272014 SEP022014 Book: 3887 Pago,1977-Current: 234 Seq:3 DCM-MHDCITY Book: 3887 Page: 234 Page 3 of 6 • Paga4or6 available legal and equitable remedies from the consequences of such breach. All costs and expenses Incurred by the prevailing party to secure the observance of any of the terms of this Easement Agreement, including the cost of any suit or legal proceedings and reasonable attorneys' fees Incurred thereby at all tribunal levels, shall be assessed against the non -prevailing party. Failure to enforce any provision of this Easement Agreement shall In no event be deemed a waiver of the right to do so thereafter. Section 9: Entire Agreement; Amendment. This Easement Agreement is the sole and entire agreement and understanding of the parties with respect to the matters contemplated herein. All prior agreements, representations or understandings whether written or oral, shall be merged herein and shall not be construed to change, amend, alter or appeal or Invalidate this Easement Agreement. This Easement Agreement may be amended only by a written Instrument executed by the parties and recorded in the office of the Register of Deeds of Onslow County. IN WITNESS WHEREOF, the Farleys and the Town have signed and sealed this Easement Agreement as of the date and year first above written. Signatures appear on page five of the Easement Agreement. RLc Cj U04 �iCM Page 4 of 5 G 2 401, , /�/� g Book: 3887 Page, 1977-Current: 234 Seq: 4 Book: 3887 Page: 234 Page 4 of 6 i • Pago s ors 11 Richard J. FarlW Marguerite A. Farley Town of North Topsail Beach 1 GRANTORS: Sworn to and subscribed before melhls-4—dayof 11bye%4W 2012. Notary Public My Commission Exp sl �� �p7ggr F�9 wssgyExP1 c. A4 & 9/s� O�sUG a an„AV to and subscribed before me Ikfil day of NOQ2012. Notary Public My Commission Expires:,\ _ I fe1 `df)1 4- SSO IXPIeES GRANTEE: -a'W. Ab9or- '9' Title: Tim TA,un �`'la►'►aq�.- Sworn to and subscribed before me this _kU _day of Oftit m r 2012. t Notary Pubes Notary Public My Commission Expires: Page 5 of 5 RECEIV Eo DCMWIL 2' �G2014 NC glG \,,,l Atip rc CWAa55pN EXPHiE9 Q4S-114 Qnt3' RECENED SEP p 2 2014 cC:-� rt � ryn14 DCM•MfDC1TY Book: 3887 Page: 234 Page 5 of 6 Book: 3887 Page,1977-Currant: 234 Seq: 5 Pr906 of 6 02-26-19V 111009M FROM OUArf^T SLOMING INC- PA TO 5461729 P.04 ' N p" iES• .1) KWNO3 AND DISTANCES IN � �(��•�� LEGEND, SITE PARENTHESIS REPRESENT IDS . EmnNe IRON STAKE PLATTED rA1rla W1P BOOK 2LL PAOE-IL R/w- R�IMT OFOWNAY ` — CENYERUNE C » PROPERTY UNE Y I I VICINITY SKETCH wr Ba i I { x6T +o s 64'11'041 w �IV ` 30.91'1 Cr----- dS Y I t NdI1HEASTERN ,`8 I I ,�$ I i SOUTHWESTERN PORTION OF PDRDDII DF COT 64 II "I1 LOT 54,BLOCK A (OOMMO6uj OM LOT II M.S. ZQ, PG. L-� COMMONLY KNOWN As A?R*ANIS •A. 044" LOT LOT 54 B wT Oa D.& toST, PO. 895 , I I i D.B. M, PG. 804 II II Q,j acREs rl ii�i ou.x - t0isriMAl .. .... WAtt +u: ► ox II 1 Atf".rn omw w" -�+ I i l,pyy , u• arr.K< erns [WO0f0 Mfr � I 01m IN N•9q nLlf LOT 70 lf pY[NI w ON10 EA][xMl NIm7 tAie mAP IS NOT CERTIFIED -` r ZI1 SURVEY AND HAS NOT BEEN Sale REVIWED BY A LOCAL wm Onrr GOVERNMENT AGENCY FOR COMPLIANCE WITH ANY APPLICk$ a.xnx e , I LAND DEVELOPMENT REGULATIOM��+ 1I * CONC.I I I I +V eaxy rAfh[NI Dxn2I .' 1 rn o ,I h II N 04'1E 30.01. I I { NEW RIVER INLET ROAD 60' R/W AM — — — — — — — — n PHYSICAL SURVEY ICU i Wtdl ftAlTNB LAW AA vm MWT ..--. F',EC;EIVED DCM WILMINGTON, NC AUG 2 7 2014 Book; 3887 Page, 1977-Current: 234 Seq: 6 Nook: 3887 Page: 234 Page 6 of 6 Page 1 of 2 ppltoppNppYE�AIIa'ee��W ■N Po-%'dr Oe/Oa)2012�itT liz7W Nr Fee Am" 1P6.00 Psq� t o 9 nev nue Taxr 10 qa anriey eeyaty �a Pebecca L. Pojtvd Ron, of 0eede I K3793 Po306.307 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow, County Parcel ID M028000 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: SPERR EDW IN V & SHELBY J GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM THIRTY (30) YEARS EXCISE TAX: $ 0.00 in exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively 'Grantor) convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town) and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively 'Grantee) does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct AdivlRes In the Easement Area (as those Italicized terms are defined below), subject to the following conditions: 1. Property Subied to Easement; That ocean front property Identified as the address of 2370 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID 0778D-57.1, and described in [check applicable box]: ® Deed Book 1235 and Page 12 of the Onslow County Registry recorded 21-APR-95 as N R BEACH CB S1 L7A of and as shown on Map Book and Page 22.20.5 of the Onslow County Registry. 0 See Exhibit A attached. 2. Easement Area on Property Where ActfvfHes May Tyke Place: That portion of the Property, H any, which (1) is seaward of the Rrsl line of stable vegetation, or (II) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landviard. 3. gdlvRtes. 'Activities' are those tasks required of the Town under Its Shoreline Protection Project, which tasks include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, Including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and Incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Adlvitlet do not Include moving or damaging permitted permanent Improvements within the Easement Area. 4. &enter Reserved R/ahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of the dune In shape, dimension or function. 5. Other Condition : (a) Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Adlvifles on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or F�EG�N �0,NG oGMw��M PUG `� RECF.[VEp SEP 0 2 2014 DCM•Mf1D Cffy Book: 3793 Page, 1977-Current: 306 5eq: 1 Book:3793 Page: 306 Page 1 of 2 Page 2 of 2 In front of the Property or protective effects the Ac(Mt/es or SHORELINE PROTECTION PROJECT will provide the Propert), (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the fluctuating state of the ocean beach; and (111) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property; and terminates on December 31, 2042; (Q Grantor and signatories acting on its behalf warrant and covenant that (1) Grantors title to the Property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (11) Grantor will hold harmless, Indemnify and defend Grantee from such claims; and (III) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabllhatlon related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed In the entity name by Its duty authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the / day of M("_Q Q_2012. Signature: Print Name: Zwk�L C Signature: Print Name: < tt 4 !1 J ! /r 6-24 STATE OFSl COl�1{NTT9YOF I�,PlJ t 030;no-- I,—/ IiCNl nl�,r , ll� Q a Notary Public of the (lbunty and State aforesaid, certlfythat�' F,pj c- and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of M rM(e 1 _ , 201;. My commission expires: t0D.0 lb Dc M 0/VD NC AUS 2 7 2014 Signature: _ Print Name: Signature: _ Print Name: STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this day of 2012. Notary Public My commission expires: Notary Seal Qgysad Verified By Book: 3793 Page, 1977-Current; 306 Seq: 2 Book: 3793 Page: 306 Page 2 of 2 P R 7of3 7 R,00'did: 404E8%20129itT 0%a N7 F # Mt: {26.2 Paga 1 of 3 RIV nU, T,M; i0 00 B,b!ooi lolnP 1laard R,q. of Dodr BK3870PD155-157 BEACH NOURISHMENT EASEMENTAGREEMENT For Onfiow County Parcel ID R044407 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MATHEWS JOHN 1 & LYNN K GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS REGEIV AND NC DCM WILMINC p11G292014 RECEM SEP p 2 2014 t g. DCA4-MH�JCffY Book: 3870 Page, 1977-Current: 155 Seq: 1 Book: 3870 Page: 155 Page 1 of 3 Peg" 2 of 3 , —< BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID 11044407 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MATHEWS JOHNJ & LYNN k GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY(30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which Is acknowledged, the Grantor and Grantors heirs and assigns (collectively 'Grantor) convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of Its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property Subject to Easement: That ocean front property Identified as the address of 2376 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow, County Tax Parcel ID B778D-560 and described In (check applicable box): 13 Deed Book 1596 and Page 473 of the Onslow County Reglstry recorded 17-DEC-99 as NR BEACH CS SI L6B of and as shown on Map Book and Page 22-205 of the Onslow, County Registry. 0 See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (I) is seaward of the first line of stable vegetation, or (11) Is seaward of the toe of the frontal sand dune adjacent to the beach, or (III) Is seaward of the crest of the erosion escarpment, whichever feature Is most landward. 3. Activities "Activities" are those tasks required of the Town under Its Shoreline Protection Project, which tasks Include evaluating, surveying, studying, monitoring, Inspecting, preserving, patrolling, constructing, operating, maintaining, repalring, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together wRh a urtemmces thereto, Including depositing sand, altering Easement Area contours and proRlestWitdlrsg bermsanddune moving,storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to �0the ,Shoreline ProteQlon Protect over, at, on, under and above the Easement Areo. Activities do not Include moving or damaging permitted permanent Improvements within the Easement Area. �0, �j ,�j 4. Grantor Reserved Rfahts. Grantor reserves the right to Construct dune walkover structures to oiPJ,1l .She ezten[ allowed by any applicable Federal, State or local laws or regulations, provided that such ��("�IJ structures shall not violate the Integrity of the dune in shape, dimension or funtlbn. S. Other Conditlans: (a) Grantee will Indemnify, hold harmless antl defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, If any, to be placed on or QCM w M N raN NC AUG 2 7 2014 Book: 3870 Page, 1977-Current: 155 Seq: 2 Book: 3870 Page: 155 Page 2 of 3 Paga 3 of 3 S. Ostler Conditions: (a)Grantee will Indemnify, hold harmless and defend the Grantor for any claim arising from Activities on theProperty; (b) Grantee has no responsibility to restore or repair natural forces damage; (c)Grantee makes no representations on sand volume, If any, to be placed on or In front of the Property or protective effects the ActivltlesorSHORELiNE PROTECTION PROJECT will provide the Property; (d)Grantor acknowledges (1) any raised lands created seaward of apre-project mean high water mark Is the property of the State of North Carolina subject to the public trust; (11) the Fluctuating state of the ocean beach; and (ill) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f)Grantor and signatories acting on its behalf warrant and covenant that (I) Grantor's title to the property Is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (II) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (ill) all signatories executing this Instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourlshment and / of stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this Instrument Is executed by the Grantor under seal, and If an entity, Grantor has caused this Instrument to be signed In the entity name by Its duly authorized agent and Its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the day of 2012, Signature! _'"^''r`ew• Signature:. Print Name: LYnr fJ /< . M t,+h ewS Print Name: Tp�✓ �- ,4.�A= Signature: Print Name: STATE OF NOr1i CitkolIi w COUNTY OF u I TES 1, GI rcoxi-I't T> - C04 a Notary Public of the Coun3y and State aforesaid, y' certify that _h4jb K. Mli ".RAJ15 personally appeared before me this day and acknowledged the execution of the foregoing Instrument. hand and official stamp or seal, thlsday of .2012,-..,ue..,. My commission expires: ocM0 fro P66 Signature: Print Name: STATE OF COUNTY OF a Notary Public of th ,C�tand State aforesaid, certifythat bb../fitii•• and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. hand and official stamp or seal, thlsday of , 2012. My commission expires: ur AusoG rRECE&ED SEP 0 2 2014 ��ncrry Book: 3870 Page: 155 Page 3 of 3 Book: 3870 Page, 1977-Current: 155 Seq: 3 Doc ID: 010111950002 Type: CRP Recorded: 10/23/2012 at 10:23:14 AM Fee Ant: $26.00 Page 1 of 2 Revenue Tax: $0.00 Onslow County NC Rebecca L. Pollard Rep. of Deeds BK3870 P0104-105 BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID #42613 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: BIG SKY DEVELOPERS LLC & MICHAEL A WARD*** GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation (`Town") and on behalf of its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities in the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property Sublect to Easement: That oceanfront property identified as the address of 2328 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #778C-32.1, and described in [check applicable box]: R1 Deed Book 3298 and Page 260 of the Onslow County Registry recorded 23-Sep-2009 as N TPSL 2 BA L66A E1/2 of and as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (1) is seaward of the first line of stable vegetation, or (11) is seaward of the toe of the frontal sand dune adjacent to the beach, or (ill) is seaward of the crest of the erosion escarpment, whichever feature is most landward. 3. ActJv Jes. "Activities" are those tasks required of the Town under its Shoreline Protection Project, which tasks include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not include moving or damaging permitted permanent improvements within the Easement Area. 4. Grantor Reserved Rlahts. Grantor reserves the to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulation, DrXP#fFA\ ructures shall not violate the integrity of the dune in shape, dimension or function. MINGTON NC AUG 2 7 2014 S. Other Conditions: (a)Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activities on theProperty; (b) Grantee has no responsibility to restore or repair natural forces damage; (c)Grantee makes no representations on sand volume, if any, to be placed on or in front of the Property or protective effects the ActivitiesorSHORELINE PROTECTION PROJECT will provide the Property, (d)Grantor acknowledges (1) any raised lands created seaward of apre-project mean high water mark is the property of the State of North Carolina subject to the public trust; (ii) the fluctuating state of the ocean beach; and (iii) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f)Grantor and signatories acting on its behalf warrant and covenant that (1) Grantor's title to the Property is free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under Grantor; (Ii) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (iii) all signatories executing this instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this instrument Is executed by the Grantor under seal, and if an entity, Grantor has caused this instrument to be signed in the entity name by Its duly authorized agent and its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the 29 day of A 0 2012. c Signature: / Signature: Print Name: Signature: �i ylDWAd- Print Name: .-K. - Now;', 13ELt_ STATE OF NC COUNTY OF GL)J 1 �Cizi I, ric R d2i:IC a Notary Public of the Cou ty and State aforesaid, certify that 4-L- vse► .4.ylara and 'K.1WMA5- J3eL` personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, thisday of 9123 2012. Notary Public My commission expires: :j- 2014 L� hATHEFtINE R. HANfiY 4 TARYpIlB�ID OVILFORDODppry N0 MY COm nL pgtutgpkR�PN Print Name: Signature: Print Name: STATE OF _ COUNTY OF a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, thisday of 12012. RED- M WILMINGTON, NC �\ AU�Ja� is commission expires: SEP 0 2 2014 YDCM-MHD CITY BEACH NOURISHMENT EASEMENT AGREEMENT For Onslow County Parcel ID #778C-22.1 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: MAURAKIS TIMOTHY A & ANDREW P. & GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ('Town") and on behalf of its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, Invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those italicized. terms are defined below), subject to the following conditions: 1. Property Subiect to Easement: That ocean front property identified as the address of, 2304 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #778C-22.1, and described in [check applicable box]: 0 Deed Book 3296 and Page 261 of the Onslow, County Registry recorded 9/18/2009 as N TPSL SH 2 BA L56B of and as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 8 Easement Area on Property Where Activities May Take Place: That portion of the Property, if may, which (1) is seaward of the first line of stable vegetation, or (11) is seaward of the toe of the frontal c;" ; Ord dune adjacent to the beach, or (111) is seaward of the crest of the erosion escarpment, whichever a M fMture is most landward. c �3� Activities. "Activities" are those tasks required of the Town under its Shoreline Protection Pject, which tasks include evaluating, surveying, studying, monitoring, inspecting, preserving, rolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the ublic beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not include moving or damaging permitted permanent improvements within the Easement Area. 4. Grantor Reserved Rights. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape; dimension or function. 5. Other Conditions: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or in front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (1) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (ii) the fluctuating state of the ocean beach; and (lei) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (1) Grantor's title to the Property is free and discharged from all right, title, claim or Interest of the Grantor or anyone claiming by, through or under Grantor; (ii) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (lei) all signatories executing this instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to Implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this instrument is executed by the Grantor under seal, and if an entity, Grantor has caused this Instrument to be signed in the entity name by its duly authorized agent and its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the I. day of 1 U N e_ 2012. Print Name: Signature: Print Name: .AMDAELk) I .MA-20AS STATE OF COUNTYOF C a Notary Public of the County and State aforesaid, certify that 2 and P rYN k¢c,,L!5 - personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of Tkn's 2012. Notary Public My commission expires: I • ' l • a511, Signature: Print Name: // 1-3/Cl,U!/�yjs Signature: Print Name: STATE OF COUNTY OF SEF 02 2014 I, 130111n e, a Notary Public of the County and State aforesaid, certify that and - - - - personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of 2012. Public RECEIVED emission expire bCM WILMINGTON, NC Z° AUG 2 7 2014 Doc ID: 009811380002 Type: CRP Reoorded: 08/08/2012 at 11:27:26 AM Fee Amt: $28.00 Pape i of 2 Revenue Tex: $0.00 Onelow County NO Rebecca L. Pollard Reg. of Deeds BK3793 Pa308-309 RECEIVED ACM WILMINGTON. NC BEACH NOURISHMENT EASEMENT AGREEMENT AUG 2 7 2014 For Onslow County Parcel ID #002201 STATE OF NORTH CAROLINA COUNTY OF ONSLOW GRANTOR: SULLIVAN CINDA B GRANTEE: TOWN OF NORTH TOPSAIL BEACH TERM: THIRTY (30) YEARS EXCISE TAX: $ 0.00 In exchange for the sum on One Dollar ($1.00) and other good and valuable considerations, the receipt of which is acknowledged, the Grantor and Grantor's heirs and assigns (collectively "Grantor") convey to the Town of Topsail Beach, North Carolina, a municipal corporation ("Town") and on behalf of its representatives, agents, employees, officials, engineers, consultants, surveyors, contractors, subcontractors, permittees, invitees and assignees (collectively "Grantee") does now grant and convey unto the Grantee, this Easement until December 31, 2041 to go upon the Property to conduct Activities In the Easement Area (as those italicized terms are defined below), subject to the following conditions: 1. Property Subiect to Easement: That ocean front property identified as the address of 2346 NEW RIVER INLET RD, North Topsail Beach, NC 28445 and, Onslow County Tax Parcel ID #778C-39, and described in [check applicable box]: 0 Deed Book 2194 and Page 197 of the Onslow County Registry recorded 13-FEB-04 as N TPSL 2 BA L73&74AE1/2 of and as shown on Map Book and Page 20-015 of the Onslow County Registry. ❑ See Exhibit A attached. 2. Easement Area on Property Where Activities May Take Place: That portion of the Property, if any, which (i) is seaward of the first line of stable vegetation, or (ll) is seaward of the toe of the frontal sand dune adjacent to the beach, or (iii) is seaward of the crest of the erosion escarpment, whichever feature is most landward. 3. Activities. "Activities" are those tasks required of the Town under its Shoreline Protection Project, which tasks include evaluating, surveying, studying, monitoring, inspecting, preserving, patrolling, constructing, operating, maintaining, repairing, rehabilitating, nourishing, and replacing the public beach, the dune system and other erosion control and storm damage reduction measures together with appurtenances thereto, including depositing sand, altering Easement Area contours and profiles, building berms and dunes, moving, storing, and removing construction equipment and supplies, erecting and removing temporary structures, and performing any other work necessary and incident to the Shoreline Protection Project over, at, on, under and above the Easement Area. Activities do not include moving or damaging permitted permanent improvements within the Easement Area. 4. Grantor Reserved Riahts. Grantor reserves the right to construct dune walkover structures to the extent allowed by any applicable Federal, State or local laws or regulations, provided that such structures shall not violate the integrity of the dune in shape, dimension or function. 5. Other Conditions: (a) Grantee will indemnify, hold harmless and defend the Grantor for any claim arising from Activities on the Property; (b) Grantee has no responsibility to restore or repair natural forces damage; (c) Grantee makes no representations on sand volume, if any, to be placed on or in front of the Property or protective effects the Activities or SHORELINE PROTECTION PROJECT will provide the Property; (d) Grantor acknowledges (i) any raised lands created seaward of a pre -project mean high water mark is the property of the State of North Carolina subject to the public trust; (III the fluctuating state of the ocean beach; and (111) Grantee makes no representation on the precise location of either the most seaward boundary of the Property or the most landward extent of the public trust beach; (e) This Easement binds Grantor, runs with the title to the Property, and terminates on December 31, 2042; (f) Grantor and signatories acting on its behalf warrant and covenant that (1) Grantor's title to the Property is free and discharged from all right, title, claim or interest of the Grantor or anyone claiming by, through or under Grantor; (ii) Grantor will hold harmless, indemnify and defend Grantee from such claims; and (ill) all signatories executing this instrument on behalf of Grantor have authority to do so; and (g) Grantee shall have the right to temporarily or permanently assign this easement to the federal, state, or county governments, or any agencies or department thereof or any governmental authority formed to implement beach nourishment, renourishment and / or stabilization related to the Shoreline Protection Project. IN WITNESS WHEREOF this instrument is executed by the Grantor under seal, and if an entity, Grantor has caused this instrument to be signed in the entity name by its duly authorized agent and its seal to be hereunto affixed, and IN TESTIMONY WHEREOF, the Grantor has executed this Easement this the �}h day of 2012. Signature: /A, (� ( Signature: Print Name: [ Indo, JJ. SAUAn Print Name: Signature: Print Name: STATE OF-() r,S) 04\r COUNTY OF (ova , a Notary Public of the County and State aforesaid, certify that itd 13. S1A Iya n and personally appeared before me this day and acknowledged the execution of the foregoing Instrument. Witness my hand and official stamp or seal, this '-�b day off M� 1-rfil-% , 2012. CA,.. Notary Public My commission NOTARY }i PUBLIC 2 N"�',*d!b✓IFR COJ�� Signature: Print Name: WOW STATE OF _ COUNTY OF SEP 0 2 2014 DGNV=1C11Y a Notary Public of the County and State aforesaid, certify that and personally appeared before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official stamp or seal, this day of 2012. Notary Public My commission expires: f�ECEIVED DCM WiLMINGTON, NC AUG 2 7 tog nnb 'l 4, LIST OF ADJACENT PROPERTY OWNERS 0 SOCHIN JONATHAN L &NANCY K FR vN CHALMIN JEAN P &EILEEN MARTIN EDWARD B & GAIL H 62 FEATHER BED LN M 33 GOLDEN EYE LN 703 OLD AMWELL RD SOUTH HERO VT 06486 Cy PORT MONMOUTH NJ 07758 C HILLSBOROUGH NJ 08844 HORNBECK JAMES R & ELIZABETH M ✓ 4p COZY HOMES OF NORTH CAROLINIlNe, MCCARTHY EDWARD F & MARY TRUPO BOX 24S ^' 0460 WEHRLE DR 2022 WATERLOO RD WAWARSING NY 12488 n CLARENCE NY 14031 1826 BERWYN PA 18312 NIELSEN WAYNE F & MARGARET 8 Nb 18471 YOUNGS CLIFF RD hM STERLINGVA20105 h q CONEY ROGER TRUSTEE ^1w 7874 PROMONTORY CT tY VIENNAVA2027 QUINN PATRICK & THOMAS / 6287 CHOPTANK RD V PA8ADENA MD 21122 JOHNSON DENICE V & DAVID W 3621 BLITHEWOOD OR RICHMOND VA 23226 P--Q'M o� a 1// v KRUSHELNISKY KENNETH &PRANCES n KREtGHBAUM WILLIAM M MILLER HUGH O & TERRY M BRO n 1500 MONMOUTH DR f`1 10013UCKTAIL RUN 100 WALNUT RD n HENRICOVA232384828 YORKTOWNVA23602 DAWLLEVA24641 �- MAURAKIS TIMOTHY A&ANDREW P&/4t'jPAOUNIAlEX&PAULHAlINSKI& / h MILLER VICTOR D TRUSTEE 0 318OAKOREEKDR PO BOX 8848 / IS 2804 FRENCH OAKAVE DANVILLE VA 24641 K CHARLESTON VW 26303 VVV h THE VILLAGES Pl. 32163 2322 HALOEMAN DEAN W & PATRICIA 6MN�r,y°° OIOVINAZZO 'JORGE L & VALERIE WIFORD CYNTHIAM V 648 EAST AVE p, h1 2248 MORLOW DR !V 66 HAMLET GROVE DR 8HINNSTONWV 26431 5u' n BURLINGTON NO 27216 PITTSBORO NO 27312 23-)ce W2-L a cl D aap NEAL GEORGE III b MATHEWS JOHN J & LYNN K / ^1� HEID GERARD J & MARYANN 3203 HENDERSON RD /� 3 CAUSEWAY CT J,\01 v h 7878 QUAIL HOLLOW CT J GREENSBORO NO 274106032 Y GREENSBORO NO 27466 WEST CHESTER ON 46060 Q `/ DOUGHERTY JAME3 PATRICK & BARA 0. TY80N STREET PARTNERS INC LMLLCOX WESTMOREC&SMARANDA3 MARIE h 10 LIVINGSTONE DR 824 CHURCHILL DR 641DLEWOOD LN CARY NO 27613 CHAPEL HILL NO 2707 3003 CF, PQ� ajrQ' CLA�YT��iOJN l27627 .Sk6T (V'2�% WZ�w / a pasty 00,Rr%S kq / TEEN PATRICK A& EILEEN F / MALONE KAREN B ^i PROCTOR RUSSELL L fit & NANCY W & V RAILEIGH 20 NO 278 60 VVV RECEI 4727C00NTRYLN0UNT NO 27803 h ROCKY MO AUNO 2780 n DC M WILMINGTp CV AUG 2 7 2014 SEP 0 2 2014 rDCitf-1`m CITY VANN GEORGE C & DIANN L 1028 COUPLES Pl. h WALDORF MD 20601 / A WEINSTEIN SYDNEY T & OTHERS VVV 111936 HOLLY BRANCH h GREAT FALLS VA2 086 T a� TOPSAIL REEF HOMEOWNERS ASSO h BOYLE EDWARD F KO3K0 JOSEPH M 2224 NEW RIVER INLET RD PO BOX 1202 �pO 22801 NEW RIVER INLET RD N TOPSAIL BEACH NO 28400 I' SNEADS FERRY NO 28460 N TOPSAIL BEACH NO 28460 rT BARRKATT LLC 0� 1 SULLIVAN MARK&CINDA / LEWISSALLYK 18146 BEECH DR PO BOX 1141 �/ 4706 RIVER RD LOWELL AR 72746 SNEADS FERRY NO 284W 4 MUNCIE IN 47304 POLANCO FAUSTOAJR&AMIE E/ BURNS FREDJ&SYLVIA TRUSTEES FARLEY RICHARD J 8. MAROUERITEA 22701 NEW RIVER INLET RD / i888 NEW RIVER INLET RD n� 2300 NEW RIVER INLET RD # 1 VVV h SNEADS FERRY NO 28400 VVV NORTH TOPSAIL BEACH NO 28460 h NORTH TOPSAIL BEACH NO 28400 IY �\ MILLER MICAH M & SIDDHARTHA M �C q 1076 DAVENPORT GENE&NPORT P ICHELLE h VELANDY 0 SPERR EDWIN V & SHEIBY J 1h 1078 DAVENPORT PL 4014 PENHUR3T DR 3088 WALTON WAY (� WINTERVILLE NO 28680 MARIETTA GA 300820161 AUGUSTA GA 30800 23�L New pc{ wk A(/G 2 7 ��14 NC O ,sy y co O O — x aSUL CU •gg"£' N qq Qg ¢� � VJ • k�' � S SY u,�� rn ryary0 Et„ 3a£8 Z g_7 ac a� a akl h5hT Z566 0000 OT92 900E rue • J 5� Z t",� M W w �M w a • Vac wwa N 922 u01 � 000 p . �5 pp yyy ps 4q ZWO W::v at¢ Y' ir E 8t ,..I >53; fi E 69Z6 956E '0000 005E TIM ■ Complete Items 1, 2, and 3. Also complete Item 41f Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card io you. ■ Attach this card to the back of the meliplece, or on the front If space permits. 1. Ankle Addressed to RECEIVED SEP 0 2 2014 DCM•MHDCny A. Signature X ❑/ 6. Recely by(Pdnted Name C. Deter �/s G ---r-- D. la delNery address differentAnDIM Item 77 ` If YES, enter delivery address below: 0 TOPSAIL REEF HOMEOWNERS ASSO 2224 NEW RIVER INLET RD N TOPSAIL BEACH NC 28460 3. S eType so ied Mail' ❑ Priority Mall F}prese" Registered ❑ Return Receipt for MI ❑ insured Mail ❑ Collect on Delivery 4. Restricted Degvery? Alm Fee) ❑ 2. Article Number 700A 281&r,0000 -9957 1454 (rbarwerlrom seMce lobe( 7" ) PS Form 3811,July 2013 Domestic Return RecelptNC AUG- 272014 ■ Complete Items 1, 2, and 3. Also complete Item 41f Restricted Delivery Is deslmd. ■ Print your name and address on the reverse so that we can return the card to you. \. ■ Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressedte VANN GEORGE C $ DIANN L 12926 COUPLES PL WALDORF MD 20601 2. Article Number - .•;;'.�,� (TmMler from service lab4o PS Form 3811, Juiy 2013 A. B. Received D. Isdelly ryad Gom'Item If YES, ery ad AUG 18 2014 is J d Regleter fl8turn Recelpt for ❑ Insured Mail 11 Collect on Delivery 4. Restricted Delivery? (Extra Fee) C I�Z350a 0001 3956 9769 Domestic Return Receipt fam� Daniel Tuman, Mayor Tom Leonard, Mayor Pro Tern Aldermen: Suzanne Gray Don Harte Richard Macartney Richard Peters August 15, 2014 Certified Mail — Return Receipt Requested NOTIFICATION FOR CAMA MAJOR PERMIT APPLICATION Dear Property Owner: Stuart Turllle Town Manager Carin Z. Faulkner, MPA Town Clerk The Town of North Topsail Beach is applying for a CAMA Major permit to install a geotextile sand tube along approximately 1,450 feet of shoreline north of the Topsail Reef Condominiums, located at In the public trust area along 2276 — 2378 New River Inlet Road and adjacent to the Atlantic Ocean, in Onslow County, North Carolina. The top of the sand tube would be between 6.5 and 7.0 feet above the existing ground and would have a base width of between 18 and 24 feet when completely filled with sand. The sand tubes include scour protection aprons on both sides. The scour protection aprons consist of a geotextlle flap connected to a -foot diameter sand filled tube that would extend along the entire length on both sides of the sand tube. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development In order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Jason Dail, NC Dept of Environment & Natural Resources, NC Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-328-1349 ext. 26, or e-mail me at town m anager@north-topsa I I-beach.org, RECEIVED Sincerely, DCM WILMINGTON, NC AUG 2 2 2014�µ- Stuart Turllle Town Manager Enclosures 2008 Loggerhead Court ntbnc.org North Topsail Beach NC 28460 tRECEIVED SEP 0 2 2014 DCMMgDCTTy phone (910) 328-1349 fax (910) 328-4508 CERTIFIED MAIL - RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM Name of Property Owner: Address of Property: Agent's Name #: Agent's phone #: Agent's email: (Lot or Street #, Street or Road, City & County) Mailing Address: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796.7215. No response is considered the same as no objection If you have been notified by Certified Mail. WAIVER SECTION RECEWEA 1 understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin m e set back a minimum distance of 15' from my area of riparian access unless waived by me Ifyou RECEI 'bwaive the setback, you must initial the appropriate blank below.) SEP 0 2 2014 DCM WILMINGTON, INC I do wish to waive the 15' setback requirement. DCM-MHDCITY AUG 2 2 2014 1 do not wish to waive the 15' setback requirement. (Property Owner Information) Signature Print or Type Name Mailing Address City/statelzip Telephone Number (Adjacent Property Owner Information) Signature or Type Name Mailing Address City/state/Zip Telephone Number Date Date Revised 611812012 4. LIST OF ADJACENT PROPERTY OWNERS RECEIVED DCM WILMINGT1OI,'N, NC SOCHIN JONATHAN L & NANCY K FIR CHALMIN JEAN P & EILEEN A U G 2 2 2014mARTIN EDWARD B & GAIL H 52 FEATHER BED LN 33 GOLDEN EYE LN 703 OLD AMWFLL RD SOUTH HERO VT 05486 PORT MONMOUTH NJ 07758 HILLSBOROUGH NJ 08844 HORNBECK JAMES R & ELIZA13ETH M COZY HOMES OF NORTH CAROLINA INC MCCARTHY EDWARD F & MARY TRUST PO BOX 249 9450 WEHRLE DR 2022 WATERLOO RD WAWARSING NY 12489 CLARENCE NY 14031 1826 BERWYN PA 19312 NIELSEN WAYNE F & MARGARET S VANN GEORGE C & DIANN L QUINN PATRICK & THOMAS 19471 YOUNGS CLIFF RD 12926 COUPLES PL 8287 CHOPTANK RD STERLING VA 20166 WALDORF MD 20601 PASADENA MD 21122 CONEY ROGER TRUSTEE WEINSTEIN SYDNEY T & OTHERS JOHNSON DENICE V & DAVID W 7874 PROMONTORY CT 11936 HOLLY BRANCH CT 3521 BLITHEWOOD DR VIENNA VA 22027 GREAT FALLS VA 22066 RICHMOND VA 23225 KRUSHELNISKY KENNETH & FRANCES KREIGHBAUM WILLIAM M MILLER HUGH O & TERRY M BROWN 1506 MONMOUTH DR 100 BUCKTAIL RUN 108 WALNUT RD HENRICO VA 232384828 YORKTOWN VA 23692 DANVILLE VA 24541 MAURAKIS TIMOTHY A & ANDREW P & PAOLINI ALEX & PAUL HAZINSKI & MILLER VICTOR D TRUSTEE 318 OAK CREEK DR PO BOX 8848 2904 FRENCH OAK AVE DANVILLE VA 24541 CHARLESTON WV 26303 THE VILLAGES FL 32163 2322 RECEIVED HALDEMAN DEAN W & PATRICIA S GIOVINAZZO JORGE L & VALERIE L WIFORO CYNTHIA M 3HMNSTON WV 26431 BURL NGTON NC 27215 PITTF HAMLET GROVE NC S EP Q 2 2014 27312 DCM-MHDCITY NEAL GEORGE III MATHEWS JOHN J & LYNN K HEID GERARD J & MARYANN 3203 HENDERSON RD 3 CAUSEWAY CT 7878 QUAIL HOLLOW CT GREENSBORO NC 27410 6032 GREENSBORO NC 27465 WEST CHESTER OH 45069 TYSON STREET PARTNERS INC WILLCOX WESTMORE C & SMARANDA S DOUGHERTY JAMES PATRICK & SARA 120 LIVINGSTONE DR 824 CHURCHILL DR MARIE CARY NC 27513 CHAPEL HILL NC 27517 3003 54 IDLEWOOD LN CLAYTON NC 27627 TEEN PATRICK A & EILEEN F MALONE KAREN B PROCTOR RUSSELL L III & NANCY W & 10320 GRAFTON RD 4727 COUNTRY LN 2148 JOELENE DR RALEIGH NC 27016 ROCKY MOUNT NC 27803 ROCKY MOUNT NC 27803 TOPSAIL REEF HOMEOWNERS ASSO BOYLE EDWARD F KOSKO JOSEPH M 2224 NEW RIVER INLET RD PO BOX 1202 2280 1 NEW RIVER INLET RD N TOPSAIL BEACH NO 28460 SNEADS FERRY NC 28460 N TOPSAIL BEACH NO 28460 BARRKATTLLC 15145 BEECH DR LOWELL AR 72745 POLANCO FAUSTO A JR & AMIE E 22761 NEW RIVER INLET RD SNEADS FERRY NC 28480 GRAZIOSI GENE & MICHELLE 1075 DAVENPORT PL. WINTERVILLE NC 28590 SULLIVAN MARK & CINDA PO BOX 1141 SNEADS FERRY NC 28460 BURNS FRED J & SYLVIA TRUSTEES 1669 NEW RIVER INLET RD NORTH TOPSAIL BEACH NC 28480 MILLER MICAH M & SIDDHARTHA M VELANDY 4014 PENHURST DR MARIETTA GA 30062 6161 RECE1 VIED DCM WILMINGTON, NC AUG 222014 LEWIS SALLY K 4705 RIVER RD MUNCIE IN 47304 FARLEY RICHARD J & MARGUERITE A 2300 NEW RIVER INLET RD 01 NORTH TOPSAIL BEACH NO 28480 SPERR EDWIN V & SHELBY J 3056 WALTON WAY AUGUSTA GA 30909 rD RECEWBD P 0 2 2014 CUMMCtfv F . Postal ServiceT�,, RTIFIED MAIL,,., RECEIPT estic Mail Only;No Insurance Coverage Provided) elivery information visit our website at www.usps.com,, ul 41.10 04 IT• Postage $ m Cenitletl Fee r� Postmark O Return Receipt Fe) r : n Here p (Entloreement Required) � - Restricted Delivery Fee C3 (Endorsement Required) •.4i� val LJ:'tJ:rr u9 Total Poet ` m ant To HALDEMAN DEAN W & PATRICIA S ri 648 EAST AVE ''l '„ry-jwF,—, tt-7 SHINNSTON WV 26431 O cr POBoxN M1 Ciry,"siEiie,'z PS Form 3800, August 2006 See Reverse for Instructions ..1u Iltoi! P' Postage $ m Castled Fee '..•J'l !�4 rR C3 Return Receipt Fee Postmark T.:. iil C3 (Endorsement Required) Here C3 Restricted Delivery Fee 0 (Endorsement Required) inTotal Poste ?, .4ii ilVr ♦_�ia4 m on o MATHEWS JOHN J & LYNN K a 3 CAUSEWAY CT ;;weer, ilpil GREENSBORO NC 27455 � arPO BoxA C/ry, Btate,l - Postal (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our webalte at www.usps.come rq Postmark r:3 It Fee C3 (End=Rt_R:q.lmdl Here C3 Restricted Delivery Fee Aij 1 (Endorsement Required) 1 Lr) Total PC - 3203 HENDERSON -• SBORO NC 274106 or •OB PS Form 3sOq August 2006 See Reverse far Instructions U.S. Postal ServiceTM ro,r stal Service,,.' CERTIFIED MAIL RECEIPT FIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) Mail Only; No Insurance Coverage Provided) information visit our website at www.usps.comt.. For delivery t formation visit our website at www.usps.comon .' *W o' . Y Ar. Yjl .4i Vtni D" Postage $ m (i$ certified Fee Posimal, $:. V C3 Return Receipt Fee Here C3 (Endorsement Required) C3 Restricted DeliveryFee (Endorsement Reuired) 0 i' . tli Ln Total Posteg Jol1'd: "..A. � m DOUGHERTY JAMES PATRICK & SARA .n Ln Ir rrl rR -- Return Receipt Fee p (Endorsement Required) 0 Restricted Delivery Fee C3 (Endorsement Required) rn Total Poe m ant o MARE 54 IDLEWOOD LN p C3stiee(i1pt: Ns CLAYTON NC 27527 M1 M1 orPOBovft. -Y(. t(1 r,y'y LJr tiJ14 WILLCOX WESTMORE C & SMARANDA S 824 CHURCHILL DR — CHAPEL HILL NC 27517 3003 RECEIVED P 0°) 71ti4 RECEIVED DCM WILMINGTON• NG AUG 18 2014 Postal Service.., RTIFIFn MAIL,, RECEIF (Domestic Mall Only; ivo Insurance uuvcrayc rn..,..�..r r For delivery information visit our Website at—.usps.comr„ tr) D Postage $ m Ijr r,..T Certified Fee rH Postmark `. r p Return Receipt Fee Here O (Endorsement Required) p Restricted Delivery Fee (Endorsement Required) O . IJil! iJ/:i.iLT Y! e't1J Ln Total Pk PS Form 3 ugust 2006 See Reverse for Instmctions F Postal Service,„RECEIPTTIFIED MAIL,Mstic Mail Only; No Insurance Coverage Provided) For delivery Information vfelt our website at www.usps.comR -0 In D' m r=1 C3 C3 p p p Total POeta( ' U1 MALONE KAREN B m ant To 4727 COUNTRY LN r =I ROCKY MOUNT NC 27803 rR "sireei,ApiN C3 orPOBox Nk 1` City State,2, Postal • , t cp (Domestic MailOnly, No Insurance 11- Coverage Provided) D' .� y•..iie i MNJ• X"0. 3 �qyg' gq,�3 y u k 4t;" L ��qa ��qy, V' Postage $ i%1.Y R✓ �,tb!: m Cetllfletl Fee '""•�" '+t' r3 1:0 M Return Receipt Fee g,., (Entlorsement Required) Postmark 0 Restricted Delivery Fee y.;J.iiv Here (Endorsement Required) O O Total Post gi •'hU Vvii Ji+Ilj4 m M j ent o KOSKO JOSEPH M NEW RIVER INLET RD p22801 rilat_ N TOPSAIL BEACH NC 28460 or 0.Be.1 " N-----------. C/ry, -ate„ St r ostal Service,., RECEIPT IFIED MAIL,',ic Mail Only; Nnce Coverage Provided) ry tr1 Postage $ Q-• VJ. J'J 1 rn certified Fee Postmark Here C3(Endorsement Receipt Fee p (Entlorsement Required) p Restricted Delivery Fee (Endorsement Required) -i"/i7r':illi C3Si .'ni C3 Total Poe in rn PROCTOR RUSSELL L ill & NANCY W on o 2148 JOELENE DR ri t ROCKY MOUNT NC 27803 rR Si PO AR' p w PO Buz, 171 rl«: cieie. U.S. Postal ServiceT„ CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For deiivery'Informatio n visu�ebsite a� t •comet y� �-. Postage $ m certified Fee 0 Retain Racelpt Fee Postmark (Endorsement RBgalred) Here r3 Restricted Delivery Fee C3 (Endosement Required) p trl Total Postal gr.Y4 11u%1Jf 4lUh m 7-:��P-'Otot�tz.' TEEN PATRICK A & EILEEN F r9 RALEI G NC 276 RD ra RALEIGH NC 27675 O PS Form 3800, August 200E I C3i; ,7u Doi iJi r.; to Total Poste® m ant o BOYLE EDWARD F r-1 PO BOX 1202 - r-R iieei,pf:NZ. SNEADS FERRY NC 28460 p"eNo N u Service,, rd1liveryinfor MAIL,,, RECEIPT Coverage Provided) y; No insurance visit our website at www.usP%com, on r. Lrl Postage $ IT° U- Certified Fee Postmark O ReturnReceipt Fee Here C3 (Endorsement Required) •u E3 Restricted Delivery Fee (Endoreement Required) E:I Af . IV �Total Post L Sent To LEWIS SALLY K do 4705 RIVER RD 0 Siieei.AFt1 MUNCIE IN 47304 1:3 or Po Box IN r aty, were.: CO M1 .n v U W I Ln ',.IV URGV D- Postage $ D' Dangled Fee 1)Y' PJ •JYJ r3 Postmark _ r... ; u C3 Return Receipt Fee Here C3 (Endorsement Required) r3 Restricted Delivery Fee , JaJ (Endorsement Required) 17 r-1 cp Total Pt •_ 4; 141 dW $ i ° '`I' •J ru Sent ro SULLIVAN MARK & CINDA co PO BOX 1141 5-freer, R SNEADS FERRY NC 28460 .....•• C3 or PC Bo: Cly, State PS Forni 3800. Augtist 2006 See Reverse for Instructions U.S. Postal Service CERTIFIED MAIL,,„ RECEIPT (Domestic Mail Only; No insurance Coverage Provided) For delivery Information visit our website at www.usps.comta .. Postmark Ralurn Receipt Fee ae. r U Here (Entloreement Required) Restricted Delivery Fee 41. (Entlorsemant Requlretl) 7 a >7 Total Poste v Fsoalt"fly PARLEY RICHARD J &MARGUERITE A n 2300 NEW RIVER INLET RD # 1NORTH TOPSAIL BEACH NC 28460 � Sfefe, � U.S. Postal Service,,., CERTIFIED MAILT,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information al visit our web site at www.usps.com,, tr Postage Certified Fee C:j (Endorsement Required) W Postmark Here ct) Total Pos + ; .Y• w•r a:J; T.I::. ru Sent 7o TOPSAIL REEF HOMEOWNERS c3 C3 ASSO 2224 NEW RIVER INLET RD C3srreer, apt N TOPSAIL BEACH NC 28460 M1 aPoBox -........... C/N. smre, ._. U.S. Postal Service,, CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery Information visit our website at www.usps.comr, U1 a.to tr- Postage $ D-' Certified Fee �"•Su 'Jt Poeanatk 0 Return Receipt Fee ie • ('ii p (Endorsement Required) Hare O Restricted Delivery Fee Required) C3(Endorsement co co Total Post �Yr.t4 Vol a3i Lliat ru O O 17- Ir rr cr ..p I V a I I V$ A 1. Cr/ V 1 Lrl V1.4u unto'. D' Postage $ Er Certified Fee a<•.o' iit M C3 Return Receipt Fee $d. Ili Postmark C3 (Endorsement Required) Here C3 Restricted Delivery Fee C3 (Endorsement Required) ra .0 Total >i.•4iJ 4or li, .uat ru ant o BURNS FRED J & SYLVIA TRUSTEES CO 1669 NEW RIVER INLET RD C3Siroei,a NORTH TOPSAIL BEACH NC 28460 ........ or Po& city, se -•--•••- K :Ex FM Km G)A O0 z z 0 U.S. Postal Service.... CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com , r - V -D ut aa,wu u`tuu 07 Postage $ 1 Certified Fee Y J4 IZI Postmark vi. t O Return Receipt Fee Here O (Endorsement Required) Restricted Delivery Fee r3 (Endorsement Required) CO Total Posit ru ccL POLANCO FAUSTO A JR & AMIE E C3 22761 NEW RIVER INLET RD � SNEADS FERRY NC 28460 (Domesticcc 7 o •' I D' •iriFix.., i A S L M it Ln 'v,..tu u�vuu Er Postage $ Er IJ4' 4i,J,i Certified Fee C3 Postmark se. I E3 Return Recelpt Fee Here C3 (Endorsement Required) O Restricted e dru (Endomement nt Required) Requirred)) � ra se.74 nn 0 Total Poe rU MILLER MICAH M & SIDDHARTHA M VELANDY coFen, 4014 PENHURST DRpC3 MARIETTA GA 30062 6161 r„ POBox = PS Form 3800. August auub - �• -�• Postal CERTIFIED MAIL-,. RECEIPT .q (Domestic Only,'Na Insurance Coverage Provided) 3r- ju0iF�F1C1AL E USE an 7 $ Utu,i 117 Q' Postage m Certified Fee t rR Postmark O Return Recelpt Fee (Endorsement Required) Here C3 O Restricted Delivery Fee aG •;J . (Endorsement Required) 0 Total Post - 'L, •�'J titi. lei d:i: L m JONATHAN L & NANCY K FR 52 FEATHER BED LN r3 FontSOCHIN SOUTH HERO VT 05486 U.S. Postal ServiceTIJ CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For deliveryyiiinformation visit our website at www.usps.com, Q' Postage $ IT, G; Coddled Fee O Postmark C3 Return Receipt Fee r... i U Here O (Endorsement Required) p Restricted Delivery Fee $4 d!! i Re aired) C3 (Endorsemen q rq 0 Total Poste fU Sent To SPERR EDWIN V & SHELBY J ca 3056 WALTON WAY .._ p Sireei aat�r3 AUGUSTA GA 30909 C3 or PO eox Nc Ciry, Sieie, Zli U.S. Postal Servicem, CERTIFIED MAIL,„ RECEIPT (Domestic Mail Only; No Insurance coverage Provided) For r delivery information visit our website at _a wrr-1%oIAL• I.J`.7�►I ul Er Postage $ t •Til i 14�� 0 M Certified Fee C3 C3 Return Receipt Fee (Endorsement Required) '"ru Postmark Here 17 Restricted Delivery Fee - 3 (Endorsement Required) rg -0 ill Total Post .. _... a,. ..., bD ant o GRAZIOSI GENE & MICHELLE O 1075 DAVENPORT PL O M1 SrrW1,,ilp'lWINTERVILLE NC 28590 or POBoxt' 2014 1 Qfr JIt11 $IYY U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.come -D xi,vu 04irG trl Q' Postage $ m Certified Fee W� • vv 6 v ri Postmark C3 Return Receipt Fee $_ . i ii Here 0 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) O Tote m LolaCHALMIN JEAN P & EILEEN 33 GOLDEN EYE LN ......rRPORT MONMOUTH NJ 07758 Or` n C G7 1� OD N O (Domestic Mall Only; No Insurance Coverage Provided) For delivery information visit our webalte at www.usps.com, rrCertified Fee -9 Postmark :3 Flo=Receipt Fee ii. i6 Here Z3 (Endorsement Requlretl) Restricted Delivery Fee (Endorsement Required) J nTotal Poste +'i •'t'J 7�.i 15r.V14 n sent o MARTIN EDWARD B & GAIL H a 703 OLD AMWELL RD a Sfreef,AWCh HILLSBOROUGH NJ 08844 or POBozM � City Siate,L PS Form ar , August 2006 See Reverse to, Instructions U.S. Postal ServiceTM RECEIPT CERTIFIED MAILTM (Domestic Mail Only; No Insurance Coverage Provided) For deliveryinformation visit our webalte at www.usps.com® .-D i'1. Yli V4W Postage I c' f } Cedlaed Fee postmark rR Return Receipt Fee- Here r3(Endorsement Required) ED Resmcted Delivery Fee 'r% •' (Endorsement Required) E3 =1 Total Post in R1 COZY HOMES OF NORTH CAROLINA IN Sent To 9450 WEHRLE DR '� -, CLARENCE NY 14031 1826 - - ra of Apt. O or PO Boza - City Sieie,: :rr rr F erviceTMRECEIPT D MAILTMnly; No Insurance Coverage Provided) ation vleit our Webslte at W WWusPa•com �: _a „ .. tut Postage $ D' fri Certified Fee ra Postmark 1. Return Receipt Fee - • �'� Here C3 (Endorsement Required) 0 Restricted Delivery Fee » J •'�� (Endorsement Required) r3 _. C3 Total Poste'. In m Fo%B NIELSEN WAYNE F & MARGARET�19471 YOUNGS CLIFF RD tSTERLINGVA20165 t7o1`) (Domestic Mail Only; No Insurance Cover: For delivery information visit our website at ww 19 C3 PostmarkC3 Return Receipt Fee Here C3 (Endowment Required) E3 RestrictedDelivery Fe C3 e J.!'!• (Entlorsemrsemant Required) On Total Postage M HORNBECK JAMES R & ELIZABETH M Sent To rR PO BOX 249 r=l Sheet Apt: No..;' WAWARSING NY 12489 r3 or POBoz No. Clry Slaie, ZIP+. PS For. 3800, August00 Dostal ServiceTM TIFIFn MAILTM RECEIF (Domestic Mail unly; NO Insurance Beverage rrvvmcvr For delivery Information visit our welesite at www.usps.com.. •0 !" Postage $ D' m Cenilled Fee a Postmark M Return Receipt Fee '� U Here (Entlorsemant Requlretl) r3 Restricted Delivery Fee r4 Ju (Endorsement Required) C3 Ln Total Poste Sent o MCCARTHY EDWARD F & MARY TR TSEP Q�i 20% 2022 WATERLOO RD 1 rR srreet%tpf.-N BERWYN PA 19312 r3 MRnr Nr PS Form 3800, August 2006 See Reverse for Instructions U.S. Postal ServiceTM CERTIFIED MAILTM RECEIPT (Domestic Mafl Only; No Insurance Coverage Provided) -• For delivery Information visit our vimbsite at www.usps.come D— Poatege $ m Certified Fee "'IJ ra -, Postmark Return t Foe t` f u Here 3 (Endorsement Required) C3 ResVlctetl Dell very Fee i�i.iiU n C 3 (Endorsement Required) A O lr'I Total Pr,,..___ m m Z< Sent Tq KRUSHELNISKY KENNETH &PRANCES N o C7 .H rfi ra ra 1506 MONMOUTH DR - -p— 00 HENRICO VA 23238 4828.______Z Z L O (Domestic Mail Only; No Insurance Covers For delivery Information visit our website at wvn O Retum Recelpt Fea Ptreonerk O (Endorsement Requiretl) Here C3 Restricted Delivery Fee mJ.uo C3 (Endorsement Required) %1.4U %JGr loi i41Y lt'1 Total Postagi M MAURAKIS TIMOTHY A & ANDREW P & ant ro 318 OAK CREEK DR r9 Ne DANVILLE VA 24541 gr�Box N orP0Po Box No. Cly 31ale, Zli4 = Y5 term 3M, August 3UUb See Meveree Tor Insirumone 1 U 9 r r Postage 5 Cenilletl Fee Postmark Ratum Receipt Fee F.. l u � (Endorsement Required) Here Restrided Delivery Fee Iii JIV (Endorsement Reeulretl) .n J'I Tatal POSW, T GIOVINAZZO JORGE L & VALERIE L fit o 2249 MORLOW DR a BURLINGTON NC 27215 35ieei-Aw.7; orP06oxN c y, sow, 2 Ij ryomesuc Mau vrvo insurance coverage rrovroea/ ,my; tion visit our website at www.usps.com. t O Return Receipt FeeFd'i$7. �. Postmark 0 (Endosement Required) o 'aetrlmea Delivery Fee(Entloreement Requireo 40 08/15/2014 y1 Total Por-___ . ITI t9 -r-o QUINN 7CPATRICK&THOMAS � Sveal, iipi 8287 CHOPTANK RD wPoeox PASADENAMD21122 Cfty, State, U.S. Postal Service,rr CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com fr to 1.1V %JYGV e- Postage E IT1 S . 66 Cenifiad Fee Postmark O Return Recelpt Fee 3%. r u Here C3 (Endorsement Required) G Restricted Delivery Fee 0 (Endorsement Required) C3 t`t .YiJ Ve%1Jr ll.�t,=r to Total Postag m WIFORD CYNTHIAM enr ro 55 HAMLET GROVE DR Sneer, A6CNo PITTSBORO NC 27312 a Po Sox No. ~ Ci65 $'lete,2li .. U.S. Postal Servicere RECEIPT CERTIFIED MAIL,,, (Domestic Mall Only; No Insurance Coverage Provided) t For delivery lntormadon visit our website at www.usps.co tl a 1 ri e: .n D �C.nffl.dFpe. Ln l pReturnRecelpt Fee 17 (Endorsement Required) 173 Restricted Delivery Fee (Endorsement Required) 05 postmark 701 Here s0.00 o 57.40 [:::I Total Pc Lrl m Senr VANN GEORGE C & DIANN L la 12926 COUPLES PL t� C3 __rt•- WALDORF MD 20601 orPo aw } RKOVBU SEP 0-2�014 U.S. Postal Servicelr, CERTIFIED MAIL,: RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery in�.f�o�r/m+aftiioon visit our website at www.usps.coma trl Postage $ Ir m Certified Fee 05 r9 Postmark C3 Retum Recelpt Fee $2.70 Here C3 (Entloreement Required) C3 Restricted Delivery Fee t0.00 (Endorsement Required) 0 $7.40 08/15/2014 Ln Total Postal M JOHNSON DENICE V & DAVID W Sent To 3521 BLITHEWOOD DR ra ao,iT RICHMOND VA 23225 C3 rpBoxNc M1 ............. i .-. City, Stare, ZI O r. � • r. D cr ILI CZRIEMtJ m91 L i 2 I ij Ln 11 $1.0 0460 D". Postage a M Certified Fee $3.30 05 Postmark p Return Receipt Fee $2.70 Here 0 (Endorsement Required) 0 Restricted Delivery Fee $0.00 (Endorsement Required) C3 $7.40 08/15/2014 Ln Total Pc m rTo WEINSTEIN SYDNEY T&OTHERS "....". 11936 HOLLY BRANCH CT ref' C3 GREAT FALLS VA 22066 «POBoa m pry, srero Postal Services, QTIFIM MAIL.,,. RECEIP (Domestic Mau Umy; rvo insurance coverage rrovlaeui For delivery information visit our website at www.usps.coM m ri fl. • r/FL7 1(•177ifG)IiLin/:1. rH a• a'tNr:nh-a nrinta.r� to 11 DUHtl L I I A A '. -0 InEr postage a m Certified Fee D5 r q En Return Receipt Fee Postmark $2.70 Here 0 (endorsement Required) r3 Restricted Delivery Fee $0.00 (Endorsement Required) • Q $7.40 08/15/2014 0 Total Post,-- ---- Atra CONEY ROGER TRUSTEE rR Si,eeet, itpC' 7874 PROMONTORY CT O «POBoxn VIENNA VA 22027 o •• fU ' J I.n Postage a $1.40 0460 G' ul Postage a 05 m codified Fee $3.30 05 a ri Postmark fn certified Fee Postmark C3 Return Receipt Fee 4.2.70 Here S" C3 (Endorsement Required) 0 Retum ReoelPt Fee (Endorsement Required) O Restricted Delivery Fee f0 00 O SD.00 (Endorsement Required) C3 Resldded Delivery Fee C3 (Endorsement Required) D811, 4 RKIM Ln Total Postal $7.40 D8JI512014 o 57.40 `n r3 Tote, Postal m d,MILLER HUGH O & TERRY M BROWN m To KREIGHBAUM WILLIAM M 1-9 108WALNUT RD ant o 100 BUCKTAIL RUN SEP n 2'"" 014 G or PO DANVILLE VA 24541 �-�---/-Ap-t"U YORKTOWN VA 23692 I"C3 aPC Bo .__.""""""""__ __ x No pry, slate,➢ "- PS Form 31160, August 2006 See Reverse for Instructions [� �m;"sieie,ri PostalI Postal CERTIFIED MAIL,,, RECEIPTa(Domestic 7 ra (Domestic Mail . epLn IL U"I AL USE .n o-' Postage a $1.40 0460 CrPostage $ m Codified Fee $3.30 05 p m codified Fee $3.30 05 ra Postmark Ci a Postmark G ( Return Receipt Fe$2.70 Here C Endorsement Required)Fec C3 Return Receipt Fee $2.70 Here 3 M C.71 C3 (Endorsement Required) Restricted Delivery Fee $0.00 r M(Endorsement Required) I..s C3 Resirictetl Delivery Fee aD. D0 3 n C3 (Encore Re rod) Ln Total Posh $7.40 08/15/2014 Z m C3 $7.40 09/1512014 m ro MILLER VICTOR D TRUSTEE c 1 tl1 Total Post ant o Y904 FRENCH OAKAVEP. Z m PAOLINI ALEX & PAUL HAZINSKI & fir ro ri THE VILLAGES FL 32163 2322 ' ra PO BOX 8848 � 2 � ireer, Api; CHARLESTON WV 25303 """" M1 �r Posreien O «PO Box n .-^" MCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor December 5, 2014 The Honorable Daniel Tuman Mayor, Town of North Topsail Beach 2008 Loggerhead Court North Topsail Beach, NC 28460 Dear Mayor Tuman, John E. Skvarla, III Secretary I am writing you regarding CAMA Major Permit #92-14, as amended and authorized pursuant to both a CAMA variance (CRC-VR-14-16) and the emergency permit authorization under G.S. 113A-118(f) on November 26, 2014 (the "Permit"). It is my understanding that one or more of the owners of the 39 parcels which make up the "project site" for this proposed sandbag structure may not have signed an easement authorizing the Town to access the property. As noted in the stipulated facts underlying the variance, the Division of Coastal Management ("DCM") proceeded with processing the Town's CAMA permit application, which was dated received on August 15, 2014, based on the understanding that not all of the necessary easements had been obtained, but would be obtained at a later date. Again, it was DCM's understanding, as reflected in stipulated fact #22, that easements for all 39 parcels within the project site were "received later." After further review following notification of this issue by one of the owners of the properties within the "project site," it may be that the Town has not received easements from all 39 parcel owners covered by the Permit. This letter is intended only to caution that a CAMA permit does not convey ownership or rights to access property, but is authorization that if the Permittee has ownership, easement, or other access rights to property, the proposed development meets the LAMA, the Dredge & Fill Law, and the Commission's rules. If no easement has been obtained for any of the parcels in the "project site," DCM would expect that this property would not be included in the project when constructed without the Town first obtaining the legal right to access the property. If you receive any additional easements, we ask that you please forward a copy to add to out permit file. , If you have any questions regarding this issue, feel free to contact me at (252)808-2808 ext. 211. Sincerely, Braxton C. Davis Director, Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557-3421 Phone: 252-808.28081 FAX: 252-247-3330 Internet, www.nocoastalmanagement.net An Equal OpportunitylAKnnative Action Employer Cc: Mary Lucasse, NC DOJ Christy Goebel, NC DOJ Brian Edes, Town of North Topsail Beach Ken Willson, CBI Debbie Wilson, NC DCM Page: 2 U.S. ARMY CORPS OF ENGINEERS RECEIVED WILMINGTON DISTRICT DEC 0 4 2014 Action Id. SAW-2014-01700 County: Ouslow CAMA Permit#: 9292=14 tJ!wN -Im to GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Mr. Stuart Turille Town of North Topsail Beach Address: 2008 Loggerhead Court North Topsail Beach, North Carolina 28460 Size 1.54 Nearest Town North Topsail Beach Nearest Waterway Atlantic Ocean River Basin White Oak USGS HUC 03030001 Coordinates Latitude: 34.52468 Longitude:-77.34607 Location description: The project area is adjacent to the Atlantic Ocean and located from 2276 to 2382 New River Inlet Drive, in the Town of North Topsail Beach, Onslow County, North Carolina. Description of projects area and activity: This verification authorizes the discharge of fill material into approximately Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number or Nationwide Permit Number: GP 291 SEE ATTACHED RGP or NWP GENERAL, REGIONAL and SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and your submitted application and attached information dated November 25, 2015. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Ronnie Smith at 910-251-4829 orw email at ronnie.d.smithAusace.armv.mil Corps Regulatory Official: Ronnie Smith Date: December 2, 2014 SAW-2014-01700 Determination of Jurisdiction: A. ❑ Based on preliminary information, there appear to be waters of the US including wetlands within the above described project area. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). B. ® There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. C. ® There are waters of the US and/or wetlands within the above described project area subject to the permit. requirements of Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. D. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference jurisdictional determination issued . Action ID: SAW - Basis For Determination: The site exhibits a mean high water mark as indicated by scour and wrack lines. The Atlantic Ocean is subject to the ebb and Bow of the tide and is a navigable water of the United States and a water of the United States pursuant to the policies and criteria set forth in 33 CFR 328 and 33 CFR 329. F. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B and C above). This correspondence. constitutes an approved jurisdictional determination for the above described site. If yob object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 in order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of 2 RECEIVED DEC 0 4 7014 MITWA:WHM CITY SAW-2014-01700 the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by February 2, 2015. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence." Corps Regulatory Official: - Ro Date of JD: December 2, 2014 Expiration Date of JD: December 2, 2019 The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at htto://re ug latorv.usacesurvey.com/. Enclosures: GP 291Conditions CAMA Permit #92-14 November 25, 2014 Project Plans Copies furnished with enclosures: Mr. James Jarrett Coastal Planning & Engineering of NC, PC 4038 Masonboro Loop Road Wilmington, North Carolina 28409 Copies furnished without enclosures Mr. Jonathon Howell North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Jason Dail Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 SAW-2014-01700 Ms. Joanne Steenhuis Division of Water Resources North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Ms. Kathy Matthews United States Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636 Mr. Fritz Rhode National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, GA 30303-8960 SAW-201"1700 RECEIVED BOSN3 Mr. Scott McAloon DEf 0 4 1014 United States Coast Guard Sector North Carolina Waterways Management OCM-MHO CITY 2301 E. Fort Macon Rd Atlantic Beach, NC 28512 Howell, Jonathan From: Huggett, Doug Sent: Thursday, September 18, 2014 10:41 AM To: Howell, Jonathan Subject: FW: North Topsail Sand Tube Project / DWQ Project No. 20140940 From: Gregson, Jim Sent: Thursday, September 18, 2014 8:49 AM To: Huggett, Doug Subject: North Topsail Sand Tube Project / DWQ Project No. 20140940 Doug, We are still waiting on the COE to let us know which permit they will use for this project. Will get the 401 to you asap. Regardless of the General Permit they decide to use, DWR has not objection and no additional comments on the project. Jim Gregson, Regional Supervisor North Carolina Division of Water Resources Water Quality Regional Operations Section Wilmington Regional Office 127 Cardinal Drive Extension Wilmington, NC 28405-3845 Tel. (910) 796-7386 Fax (910) 350-2004 **E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties.** STATE; OF NORTH CAROLINA ) BEFORE THE NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF ONSLOW ) CRC-VR-14-16 IN THE MATTER OF: ) PETITION FOR VARIANCE BY ) FINAL AGENCY DECISION THE TOWN OF ) NORTH TOPSAIL BEACH ) This matter was heard on oral arguments and stipulated facts at a special meeting of the North Carolina Coastal Resources Commission (hereinafter Commission) on November 18, 2014 in Wilmington, North Carolina pursuant to N.C. Gen. Stat. § 113A-120.1 and 15A NCAC 7] .0700, er seq. Assistant Attorney General Christine A. Goebel, Esq. appeared for the Department of Environment and Natural Resources, Division of Coastal Management and Brian E. Edes, Esq. appeared on behalf of Petitioner the Town of North Topsail Beach. Upon consideration of the Stipulated Facts and Exhibits, the record documents and the arguments of the parties, the Commission adopts the following: STIPULATED FACTS The Petitioner in this case is the Town of North Topsail Beach ("Petitioner" or "Town'). The Town is represented by Town Attorney Brian E. Edes, Esq. 2. The site at issue in this case is located at the north end of North Topsail Beach, and includes the beach waterward of the first line of stable natural vegetation from just north of the Topsail Reef condominiums toward New River Inlet to the northernmost house on New River Inlet Road, which includes 39 parcels of land with 20 duplexes structures/40 residences (the "Site"). At the time these 20 structures were constructed, they were "second row" homes. The Site is depicted in the Project Narrative section of the Stipulated Exhibits, and in other Stipulated Exhibits all of which were provided to the Commission as attachments to the DCM Staff Recommendation. The Town holds casements on these oceanfront parcels for the purposes of beach nourishment projects. Copies of the easements were provided to the Commission in the Stipulated Exhibits attached to the DCM Staff Recommendation. 3. The Site is located within the Ocean Erodible, High -Hazard Flood and Inlet Hazard AECs. 4. The long-term average annual erosion rate at the Site is two -feet per year. 'rho Site is entirely within the Inlet Hazard AEC which uses the rate for the adjacent ocean hazard area per 15A NCAC 714 .0310(a)(1). DCM agrees that this Site has experienced accelerated erosion in the last twelve to fifteen months. 5. According to the Town's Project Engineer, Tom Jarrett, P.E, of Coastal Planning & Engineering (CP&E), one of the unique features of the area is the influence New River Inlet, or more specifically, the ebb tide delta of the inlet, has on sediment transport along the shoreline. This is demonstrated by the photo shown in Stipulated Exhibit 15 (provided to the Commission as an attachment to the DCM Staff Recommendation) in which incoming waves from the southeast are refracted around the ebb tide delta resulting in a change in sediment transport direction (as indicated by the arrows) just south of New River Inlet. The area in which the direction of sediment transport changes as a result of wave refraction is commonly referred to as a nodal zone. In general, the nodal zone is characterized by the net movement of material away from or out of the zone. While a nodal zone will generally always exist adjacent to a tidal inlet, the influence of the nodal zone on the shoreline of North Topsail Beach is enhanced due to the absence of significant shoal accumulations on the south side of the inlet. The absence of shoal 2 material south of the inlet is one of the issues the channel relocation project was designed to address, i.e., the purpose of moving the channel was to encourage the reconfiguration of the inlet's ebb tide delta through the redistribution of shoal material from the north side of the inlet to the south side. In support of this fact, Mr. Jarrett has provided portions of the Final Environmental Impact Statement for the North Topsail Beach Shoreline Protection Project which was prepared in December of 2009 ("FEIS"). Relevant portions of the FiNS were provided to the Commission as a stipulated exhibit attached to the DCM Staff Recommendation. History of the Site 6. The north end of the Town has a history of erosion. More detailed information about the history of erosion and of nourishment can be found in Appendix B of the PETS. A brief summary prepared by Mr. Jarrett regarding past nourishment projects between 2002 and 2011 ("Jarrett Erosion History Report") was also provided to the Commission as a stipulated exhibit attached to the DCM Staff Recommendation. 7. According to the IRIS, the erosion of the shoreline south of New River Inlet has been a persistent problem since around 1984 when the bar channel of New River Inlet shifted its alignment toward Onslow Beach. Prior to 1984, the north end of North Topsail Beach was accreting at an average rate of 6.1 feet/year. Following the change in channel position and orientation, the north end began to erode at an average rate of 5.3 feet/year. Most of the accelerated erosion was attributed to the higher degree of exposure to wave energy at the north end. That is, prior to the channel shift, the south side of the ebb tide delta provided a breakwater effect with waves breaking relatively far offshore. With the loss of the south side delta, more wave energy was transmitted directly to the shoreline. This, combined with the development of 3 flood channels running close to and parallel to the north end, greatly increased sediment transport rates to the north. 8. Since 1993, and despite the use of sandbag structures in some places, eleven residential structures located seaward of the existing 20 structures at the Site were either removed or lost to erosion. The Town's Inlet Management Plan/FEIS 9. Beginning in 2006, the Town hired CP&E to develop an Inlet Management Plan for the New River Inlet ("Inlet Management Plan"). This Inlet Management Plan was completed in December 2009 and memorialized in the FEIS. 'fhe entire Inlet Management Plan is covered by the Department of the Army permit SAW 2005-00344 dated May 16, 2001. CAMA Major Permit No. 79-10 was issued on July 21, 2010 authorizing Phase 1 of the Inlet Management Plan. A modification on October 12, 2012 authorized a change of the beach fill density and a change in the amount of material to be removed from the ocean bar channel, and removed a previously permitted upland disposal site. This CAMA permit was further modified on September 26, 2013 at which time Phase 5 of the Inlet Management Plan was authorized for installation during the 2014-15 dredging window. Copies of this permit and its modifications were provided to the Commission as Stipulated Exhibits attached to the DCM Staff Recommendation. 10. Phase 1 of the Inlet Management Plan was completed in February 2013. It included repositioning the New River Inlet ocean bar channel to a more central location between the south end of Onslow Beach and the north end of North Topsail Beach. Material removed during the channel realignment was used as beach fill along 7,730 feet of shoreline south of the rd New River Inlet, as seen in the Stipulated Exhibits provided to the Commission as attachments to the DCM Staff Recommendation. 11. The Town's stated purpose for moving the ocean bar channel of New River Inlet, documented in the FEIS, was to increase sand accumulation on the south side of the inlet's ebb tide delta. The time required for the new channel to have a positive impact on the shoreline was estimated in the FEIS to be three to four years as set forth in a letter by Dr. William Cleary which was provided to the Commission as an attachment to the DCM Staff Recommendation. 12. According to Mr. Jarrett, the behavior of the shoreline on the north end of North Topsail Beach is tied to the position and alignment of the main bar channel of New River Inlet. Morphological studies of New River Inlet, reported in the FEIS, describe the relationship between the position and alignment of the channel and the response of the shorelines on both sides of the inlet. The FEIS also identified a position and alignment of the bar channel that would provide a beneficial impact on the north end shoreline. Based on the FEIS, the Town of North Topsail Beach elected to artificially move the channel to the preferred position and alignment indicated by the morphological studies. 13. The construction of Phase I moved the mean high water (MHW) shoreline an average of 272 feet seaward of the pre -project MHW shoreline in the area between Building 41 of Topsail Reef and the south shoulder of New River Inlet (baseline stations 1149+00 to 1160+00). Based on an August 2014 beach profile survey by Gahagan & Bryant, the MHW shoreline north of Topsail Reef has receded between 200 and 250 feet since completion of Phase 1, which is equivalent to rates of between 130 feet per year and 167 feet per year, Visual inspections of the beach document continued erosion since the August 2014 survey: The MHW 5 shoreline has returned to essentially its pre -project position. According to Mr. Jarrett, while the rate of loss of the fill placed during Phase 1 of the management plan has been higher than anticipated, the loss is comparable to losses experienced from previous fills created by the USACE through disposal of navigation maintenance material removed during maintenance of the AiWW and portions of the channel passing through Cedar Bush Cut from the AIWW to the inlet. 14. Based on the documented history of shoreline changes along the north end of North Topsail Beach, Mr. Jarrett opines that the recent acceleration in the rate of shoreline change is not related to the channel relocation project. Instead, Mr. Jarrett concludes that much of the accelerated erosion can be attributed to the unnatural shoreline configuration created by the beach fill, i.e., the conditions that were causing the north end to erode prior to relocating the channel, such as the absence of a significant shoal on the south side of the inlet and the presence of flood channels, still persist. Mr. Jarrett has stated that these conditions will continue to exist until such time as the newly aligned channel effects the predicted changes in the ebb tide delta of New River fillet. Until that time, waves will continue to impact the area in such a way as to cause accelerated sediment transport from the north end and into New River Inlet. 15. According to the October 2014 "Year 2 Post -Construction Physical Monitoring Report' prepared by CP&E ("Monitoring Report'), a copy of which was provided to the Commission as a Stipulated Exhibit attached to the DCM Staff Recommendation, monitoring of the inlet has demonstrated some of the expected results are taking place with sand accumulating on the south side of the inlet However, the rate of build-up has been relatively slow. As a result, the north end of North Topsail Beach has continued to experience high rates of erosion. As of August 2014, most of the fill placed north of the Topsail Reef Condominiums in February of 2013 has been lost, as shown in photographs provided to the Commission as Stipulated Exhibits attached to the DCM Staff Recommendation. 16. The FEIS stated the periodic maintenance of the ocean bar channel will be necessary at approximately four-year intervals to keep the channel in its preferred position and alignment. Material removed during channel maintenance will be used to periodically nourish the North Topsail Beach shoreline including the shoreline nourished during Phase 1. 17. The Corps permit allows maintenance of the channel to be accomplished once every four years providing one of two channel maintenance thresholds are met. One channel threshold is associated with shoaling of the channel and the second is based on the position and alignment of the channel. Following Phase 1's completion in February 2013, the Town is not permitted to maintain the channel until the 2016/2017 environmental dredge window. 18. Based on Site photographs, the final remnants of the artificial dune which was part of the Phase 1 project and was evident in August 7, 2014 photos, has completely eroded by late September 2014. Copies of the August 7, 2014 and September 2014 photographs were provided to the Commission as attachments to the DCM Staff Recommendation. 19. In addition to the threat to homes, flooding of the area has increased. At least four times in late 2014, flood waters spilled onto New River Inlet Road and side streets during high tide. Photographs of the flooding were provided to the Commission as Stipulated Exhibits attached to the DCM Staff Recommendation. 20. As the shoreline continues to move closer to the residences, installation of emergency structures will likely become increasingly difficult because the work will take place 7 in the active surf zone. This could limit construction to times of low water along some sections of the project area. CAMA Permit Process 21. Beginning in the early summer of 2014, the Town and its agents contacted DCM to inquire about possible options for protecting homes at the Site from the erosion taking place following Phase 1. DCM issued a modification to permit 191-05 on August 14, 2014 authorizing sand from an upland som_ce to be placed at the Site. This permit was originally issued on December 5, 2005 following Hurricane Ophelia and authorized dune reconstruction at the Site. Various other options were discussed by DCM and the Town, including the use of sandbags or geotubes. The Town has not done the work authorized by the modification to CAMA Major Permit No. 191-05. 22. On or about August 15, 2014, the Town, with help from CP&E consultants Tom Jarret and Ken Willson, submitted a CAMA Major Permit Application seeking to install approximately 1450 linear feet of geotubes at the Site (the size of the geotubes requested was 7.5 feet tall and 45 feet in circumference). This permit application was deemed complete by DCM on August 27, 2014 (except for the receipt of all of the easement agreements from the Town which were received later), and was sent to the resource agencies for comment through the CAMA Major Permit process. Because the proposed geotube design was inconsistent with the Commission's rules limiting the size of sandbags used for temporary erosion control, DCM planned to deny the permit application after the public notice period ended on September 19, 2014. The Town indicated it would seek a variance from the permit denial. 0 23. On September 18, 2014, DCM received a "modification" requestto the initial application requesting permission to install geotubes, In.the modification, the Town proposed placing 35,000 to 50,000 cubic yards of sand in a "sand bench" raising the elevation of the beach at the Site approximately 6 feet, and then placing the geotube on top of the "sand bench." Given the significant changes and increased scope of the modified project, DCM determined that the Town was required to submit a new CAMA permit application, including new notice of the modified project to the public and adjacent neighbors and review of the modified project by the resource agencies. 24. Following discussions between the Town, its agents, DCM and other resource agencies, the Town submitted a "final design" for the sandbag proposal on September 26, 2014. On October 2, 2014 DCM closed the Town's initial geotube project application in light of the new CAMA Major Permit application. The new CAMA Major Permit application was deemed complete on October 3, 2014. A copy of the October 3, 2014 application was provided to the Commission as a Stipulated Exhibit attached to the DCM Staff Recommendation. 25. The final design proposes to install sandbags at the Site, from the existing larger sandbag revetment at Building No. I of Topsail Reef and extending north approximately 1,450 feet parallel to the existing shoreline. A 50-foot return wall would extend landward from the north end of the sand bag structure just north of the home located at 2378 New River Inlet Road. A plan view of the sand bag revetment and a typical cross-section view of proposed revetment were provided to the Commission in the Stipulated Exhibits attached to the DCM Staff Recommendation. The proposed borrow site for the sand needed to fill the proposed sandbags is an area approximately 5 acres on the point, just north of the Site, called "the spit." 9 26. Topsail Reef Homeowners Association (the ` HOA") received two variances from the Commission in July 2012 and October 2014 to construct a sandbag revetment similar to the larger size sandbag structure the Town proposed just south of the Site. 27. The proposed sandbag revetment would follow an alignment roughly parallel to the seaward most support piles of the threatened residential structures with the landward toe of the revetment positioned as close as practical to the front support piles of the structures. in this regard, the authorized temporary erosion control structure would be located no more than 45 feet waterward of the waterward most pilings of those buildings controlling the alignment of the temporary erosion control structure fi•om 2304 New River Inlet Rd. to the northern terminus of the temporary erosion control structure, namely those structures at, 2304 New River Inlet Rd., 2314 New River Inlet Rd., 2354 New River inlet Rd., 2362 New River Inlet Rd., 2368 New River Inlet Rd., and 2378 New River Inlet Rd. No portion of the temporary erosion control structure between 2304 New River Road and the southern terminus of the temporary erosion control structure will be located more than 115 feet waterward of.'the waterward most piling of each building. 28. As part of the CAMA Major Permit Application process, adjacent neighbors and the public were given notice of the Town's final design CAMA permit application through publication in the Star News on October 8, 2014. As part of the application process, DCM staff received one comment —an objection from the adjacent riparian property owner Topsail Reef, which was later retracted. 29. Also as part of the CAMA Major Permit application process, the Town's application, the Field Report, and other materials were sent to resource agencies for comment. Of. 10 those agencies who responded, the DCM Fisheries Specialist objected to the proposal based on concerns about surf zone habitat. DCM did not deem this objection sufficient to support permit denial. Copies of the field report and the noted comments received by DCM were provided to the Commission as Stipulated Exhibits attached to the DCM Staff Recommendation. 30. On October 21, 2014 DCM staff conducted a site visit of the subject area and determined that "site conditions [had] deteriorated and emergency action is warranted". Consequently, the DENR Secretary authorized the issuance of an Emergency CAMA Major Permit, which allows DCM discretion to suspend public notice, adjacent riparian notice, and the normal agency coordination process. Once emergency permit authority was activated for this Site, DCM stopped the ongoing coordination with the federal agencies. 31. On October 24, 2014, DCM issued CAMA Emergency Major Permit 92-14 to the Town, authorizing its final design, but conditioning approval on compliance with the Commission's rules limiting the size of sandbag structures to a base width of 20 feet and a height of 6 feet. 32, The Town stipulated that its final design proposal is inconsistent with the Commission's rules limiting the size of sandbag structures. 33. On November 7, 2014, DCM received the Town's variance petition. Given conditions at the Site, the Town requested that the hearing on the variance petition be expedited and that the matter be heard before the Commission's scheduled December meeting. A copy of the request and supporting documents, DCM's response, and the Chairman's decision were provided to the Commission in the stipulated exhibits attached to the DCM Staff Recommendation. The Chairman granted the request based on the requirements set forth in North Carolina General Statutes at § 143-318.12(f) which provide that an emergency meeting may be scheduled in situations where "generally unexpected circumstances" are present requiring "immediate consideration by the public body." 34. The tax value of the structures at the Site and their lots total about $9 million as shown in the Stipulated Exhibits provided to the Commission as attachments to the DCM Staff Recommendation. If these.properties were destroyed and no longer paid taxes, the loss to the tax base would reduce the annual tax revenue of the Town by $35,388 based on the proposed 2015 tax rate of $0,3932 per $100. 35. The proposed larger sand bag revetment is intended to protect the 20 threatened residential structures for at least the next 2.5 years or until such time the beach fill provided under Phase 1 of the North Topsail Beach shoreline/inlet management plan can be renourished. In addition, the Town is committed to managing the north end shoreline by maintaining the preferred position and alignment of the New River Inlet ocean bar channel and using the material removed to maintain the channel and thereby nourish the northern 7.25 miles of its ocean shoreline. Both the channel maintenance program and periodic nourishment are intended to maintain and/or preserve the dune and beach system in as near a natural state as possible. 36. On October 15, 2014, the Town's Board of Aldermen passed resolution 2014-13 which allowed for a special assessment to be imposed pursuant to NCGS 160A-238 in order to fund the larger sandbag structure proposed in this variance, with 50 percent of the total cost (which estimated at approximately $2.3 million for the total project) to be paid by the 39 parcel - owners identified in the resolution based on oceanfront frontage. This resolution was the subject of a public hearing on November 6, 2014, On November 6, 2014, the Town passed resolution 12 2014-16 which confirmed the assessment, and draft meeting minutes reflect the five public comments received. Copies of both resolutions and the draft meeting minutes were provided to the Commission as Stipulated Exhibits attached to the DCM Staff Recommendation. 37. On November 14, 2014, the Town issued a Notice of Special Meeting scheduled for November 19, 2014 to receive recommendations on the selection of a contractor for the sandbag project. 38. The Town is seeking a variance to conditions 1 and 2 of CAMA Major Permit No. 92-14. Specifically, the Town is requesting a variance to condition 1 so that the Town may construct a temporary erosion control structure with a base width of 45 feet and a height sufficient to achieve an elevation of +12.0 ft. NAVD. The Town is requesting a variance to condition 2 to change the location of the structure and proposes that no portion of the authorized temporary erosion control structure shall be located more than 45 feet waterward of the waterward most pilings of those buildings controlling the alignment of the temporary erosion control structure from 2304 New River Inlet Rd. to the northern terminus of the temporary erosion control structure. And, no portion of the temporary erosion control structure between 2304 New River Road and the southern terminus of the temporary erosion control structure will be located more than 115 feet waterward of the waterward most piling of each building. STIPULATED EXHIBITS Included for the Commission's review were the Petitioner's variance request and supporting materials and Stipulated Exhibits including the following documents: • Proof of Notice to Topsail Reef, George Vann November 7, 2014; Photographs and graphics labeled Exhibits 1-22; Statement by Tom Jarrett with photographs; 13 • Letter to Brian Edes from CRC re expedited meeting November 10, 2014; Beach nourishment easements from 38 oceanfront owners to the Town; • Exhibit 15 aerial photo 2014 Google; . • Relevant portions of FEIS for Inlet Management Project dated July 2009; • Tom Jarrett Erosion History Report dated Nov. 13, 2014; Jarrett affidavit Oct. 7, 2014 and Jarrett Erosion Report; • CAMA Major Permit 79-10 as amended , issued July 21, 2010, • CAMA Modification Permits 79-10 Oct. 12, 2012; Sept. 26, 2013; June 17, 2014; and June 20, 2014; • August 2014 Shoreline Survey Beach Profiles Stations 11+35 to 11+55 (CBI); • Cleary Letter; • October 2014 Monitoring Report; • Sandbag "Final Design" CAMA Major Permit application and attachments; • Comment from DCM Fisheries Specialist; • DCM Field Repot; • Emergency Permit email from DCM to Togo dated October 21, 2014; • CAMA Major Permit 92-14 with cover letter; • Tax base information from Town; • Town resolution 2014-13; Town resolution 2014-16; • Draft Town meeting minutes showing public comment on sandbag project; • Notice of Town meeting on November 19, 2014 to put sandbag project to bid; • Various site photographs (22 photos) included in PowerPoint presentation. CONCLUSIONS OF LAW The Commission has jurisdiction over the parties and the subject matter. 2. All notices for the proceeding were adequate and proper. 3. Petitioner has met the requirements in N.C.G.S. § 113A-120.1(a) and 15 NCAC IM 07J .0703(f) which must be found before a variance can be granted as set forth below. A. Strict application of the Commission's Sandbag Rules will cause unnecessaiy hardships. The Commission's Rules set forth in 15A NCAC 7H .0308 (Sandbag Rules) relate to temporary erosion control structures and prohibit sandbag structures more than twenty feet wide and six feet high. In addition, these rules require that no portion of the authorized temporary erosion control structure be located more than 20 feet wateiward of the imminently threatened structure. In this case, Petitioner has demonstrated that following construction of Phase I of the North the North Topsail Beach Shoreline Management Plan in February 2013 the MHW shoreline moved an average of 272 feet seaward of the pre -project MHW shoreline in the area between Building No. 1 of Topsail Reef and the south shoulder of New River Inlet (baseline stations 1149+00 to 1160+00). Following the change in channel position and orientation, the north end began to erode at an average rate of 5.3 feet per year. Based on an August 2014 beach profile survey by Gahagan & Bryant, conducted in support of the sandbag permit application for the Topsail Reef IJOA, the MHW shoreline north of Topsail Reef has receded between 200 and 250 feet which is equivalent to rates of between 130 feet per year and 167 feet per year. This erosion rate is exponentially higher than the historical erosion rate for this area. The area has continued to erode since the August 2014 survey with visual inspections of the area indicating all of the nourishment material has been lost and the MHW shoreline has returned to essentially its pre -project position, The erosion of the Phase I fill north of Topsail Reef has positioned the MHW shoreline well within 20 feet of the foundation of all of the twenty residential structures located between Topsail Reef and New River Inlet. Given the condition of the beach, the proximity of the 20 15 structures to the existing MHW shoreline, and the documented rate of shoreline recession, all 20 of the residential structures satisfy the imminently threatened criteria as defined in 15 NCAC 071-1.308 (a)(2)(B). Based on the past performance of permitted sandbag structures in this area, a sandbag revetment of a size allowed under 15A NCAC 71-1.308 would not protect the 20 structures during the interim period between now and when the Town of North Topsail Beach can provide periodic nourishment in the area. Material for periodic nourishment of the beach fill will be obtained from dredging operations to maintain the preferred channel. Based on permit conditions, the Town can only maintain the bar channel every 4 years. As a result, maintenance of the channel cannot be accomplished until the 2016-2017 dredging window. The intent of the channel relocation portion of the project was to induce shoreline accretion on the north end of North Topsail Beach through the reconfiguration the ebb tide delta of New River Inlet. The reconfiguration of the ebb tide delta would occur as the result of the eventual redistribution of the ebb tide delta material from the north side of' the inlet to the south side. As discussed in the F.,IS for the project, reconfiguration of the ebb tide delta could take five years before the new channel has a positive impact on the shoreline and frill recovery of the shoreline could take 15 years. The Town does not want to abandon the Inlet Management Project without going through at least one channel maintenance cycle. In order to protect the threatened structures until the maintenance of the new channel is allowed, a more robust temporary structure is needed than the one allowed under 15A NCAC 7H.308. In its recommendation to the Commission, DCM acknowledged that strict application of the rules issued by the Commission will cause Petitioner unnecessary hardships. Based on both 16 DCM staff site observations and information from the Town's engineering consultant Tom Jarrett of CP&E, DCM acknowledged that there is accelerated erosion at the Site and most of the sand placed on the beach in 2012 has eroded away. DCM further agreed that Petitioner faces unnecessary hardship due to the impact of the accelerated erosion on the 20 structures located on the Site. Finally DCM agreed that the six foot by twenty foot sandbags authorized under the Commission's rules and the waterward location of those bags requirement by the rules may not be sufficient to protect the structures until the predicted channel alignment changes have occurred and the beach is renourished in 2016. Based on the facts presented and the agreement by the parties, the Commission affirmatively finds that Petitioner has shown that the hardship caused by denying a permit for the proposed temporary enlarged sandbag structure is unnecessary insofar as by allowing a larger sandbag structure Petitioner may protect the residences located of the Site and the adjacent shoreline until the shoreline has received the projected benefits from the channel realignment or has received additional beach nourishment in 2016. 'Therefore, the strict application of this rule would cause Petitioner hardship and the Commission affirmatively finds that Petitioner has met the first factor without which a variance cannot be granted. b. Petitioner has demonstrated that the hardship results from conditions peculiar to Petitioner's property. The Commission affirmatively finds that Petitioner has demonstrated that the hardship results from conditions peculiar to the property. Specifically, the long term average annual erosion rate for the Site is two feet per year. (Stip. Fact No. 4) However, in the last twelve to fifteen months the Site has experienced accelerated erosion. (Slip. Fact No. 4) In that time, the MHW shoreline has receded between 200 and 250 feet which is equivalent to erosion rates 17 between 130 feet per year and 167 feet per year. (Stip. Fact Nos. 10-13) The beach fill placed during the renourishment project has already been lost. (Stip. Fact No. 18) Furthermore, Petitioner has demonstrated that the Site is peculiar in that it is impacted by the Town's Inlet Management Plan which as part of Phase I repositioned the New River Inlet ocean bar channel to a more central location between the south end of Onslow Beach and the north end of North Topsail Beach. The Town's stated purpose for moving the ocean bar channel is to induce sand accumulation on the south side of the inlet's ebb tide delta. However, the time required for the new channel to have a positive impact on the shoreline was estimated to be from three to four years. (Stip. Fact No, 11) In its recommendation to the Commission, DCM disagrees with the claim that Petitioner's hardship is caused by conditions peculiar to the property on the grounds that shorelines within an Inlet Hazard AEC can be expected to experience volatile conditions including both significant erosion and accretion. For this reason, DCM argues that accelerated erosion near an inlet should not be considered a condition peculiar to Petitioners' property. However, while the Site is located within the currently applicable Inlet Hazard AEC for the New River Inlet both parties agree accelerated erosion at the Site is greatly in excess of the long term average annual erosion rate of two feet per year. Furthermore, the Site is impacted not simply by natural inlet conditions but man-made impacts from the Inlet Management Plan. Accordingly, without prejudice to future consideration of conditions at the Site or any other property located in an Inlet I-]azard AEC, the Commission affirmatively finds that the accelerated erosion and impacts from the Inlet Management Plan are conditions peculiar to the Site and concludes that Petitioners have met the second factor in N.C,G.S. § 113A-120.I (a)(2). IN C. Petitioner has demonstrated that the hardship does not result from actions taken by Petitioner. The Commission affirmatively finds that Petitioner has demonstrated that any hardship does not result from actions taken by the Petitioner. Specifically, Petitioner states that it has done nothing to accelerate or otherwise aggravate the erosion problem at the property. Moreover, all the structures on the Site were built in accordance with the erosion setbacks established by the Commission at the time they were constructed and in fact were "second row homes" when constructed. In its recommendation to the Commission, DCM agreed that Petitioners have done nothing to accelerate the erosion affecting the shoreline at the Site and have taken significant steps to address the problem, including the development and implementation of its Inlet Management Plan. Given the agreement on this issue and based on the facts presented, the Commission affirmatively finds that Petitioner has demonstrated that it has met the third factor required fora variance pursuant to N.C.G.S. § 113A-120.1(a)(2). d. Petitioner has demonstrated that the requested variance is consistent with the spirit, purpose and intent of the Commission's rules, will secure public safety and welfare, and will preserve substantial justice. Petitioner has demonstrated (a) that the requested variance is consistent with the spirit, purpose and intent of the Commission's rules, (b) that it will secure public safety and welfare, and (c) that it will preserve substantial ,justice. Specifically, the Commission's Sandbag Rules are, in effect, an exception to the General Assembly and the Commission's ban on permanent erosion control structures, and allow the temporary use of sandbags for "imminently threatened structures." While the Commission's Rules, including limitations on the use of sandbags, are sufficient in most cases, in some situations the permitted sandbag structures may not be of sufficient size to offer temporary protection as intended by the rules. In this case, Petitioner has 19 demonstrated that the accelerated erosion has already imminently threatened structures on the Site. Furthermore, Petitioner is pursuing long-term solutions through the Inlet Management Plan and has requested the super -sized sand bag revetment to protect the 20 threatened residential structures for at least the next 2.5 years or until such time the beach fill provided under Phase I of the Inlet Management Plan can be nourished. In addition, the Town is committed to managing the north end shoreline by maintaining the preferred position and alignment of the New River Inlet ocean bar channel and using the material removed to maintain the channel to nourish the northern 7.25 miles of its ocean shoreline. Both the channel maintenance program and periodic nourishment are intended to maintain and/or preserve the dune and beach system in as near a natural state as possible. In its recommendation to the Commission, DCM agreed the proposed expansion of the sandbag revetment in front of Petitioners' lots is consistent with the spirit, purpose, and intent of the rules since it appears that despite the Town's best efforts to address the erosion issue though its nourishment and inlet relocation plan, smaller sandbags may not be sufficient to protect the 20 structures at the Site until the plan can be given sufficient time to improve the shoreline. Moreover, DCM agreed that the proposed placement of larger sandbags to protect the 20 structures at the Site is consistent with the spirit, purpose, and intent of the Commission's rules since the sandbag rules are, in effect, an exception to the General Assembly's and the Commission's ban on permanent erosion control structures. In its Shoreline Erosion Policies, the Commission has determined that "[T]emporary measures to counteract erosion, such as the use of sandbags ... should be allowed, but only to the extent necessary to protect property for a shot period of time until threatened structures may be relocated or until the effects of a shot -terns 20 erosion event are reversed" through nourishment. "In all cases, temporary stabilization measures must be compatible with public use and enjoyment of the beach." ISA NCAC 7M .0202(e). By setting limitations on the placement, size and duration of sandbags, the Commission recognized that they are to be used in certain circumstances with well-defined criteria. In this case, DCM agreed with Petitioner's argument that at the Site, the "regular" sized bags may not be sufficient to protect those structures until the next nourishment cycle happens or the predicted results of Phase 1 occur. Given the agreement on this issue and based on the facts presented, the Commission affirmatively finds that the requested variance is consistent with the spirit, purpose and intent of the Commission's rides, The second assessment to be made is whether the variance proposed by Petitioners will impact public safety and welfare. Petitioners have demonstrated that the structures on the Site are imminently threatened. As the structures become more damaged, their eventual destruction could pose a serious threat to the safety of the public that uses the public trust area for recreational purposes. This threat could result from floating debris, submerged and/or hidden pilings, as well as other anthropogenic items remaining once the property is abandoned. In addition to the threat to public safety arising from damaged structures, flooding of the area has increased with flood waters spilling on to New River inlet Road and side streets during times of high tide, at least four times in late-2014. (Stip. Fact No. 19) Continued recession of the shoreline could eventually undermine New River Inlet Road and cutoff' access to homes on the north end of town which would impact the public ability to safely travel through the area. In its recommendation to the Commission, DCM does not disagree that the variance will secure public safety and welfare. Given the agreement on this issue and based on the facts 21 presented, the Commission affirmatively finds that the requested variance will serve to protect public safety and welfare. The third assessment to be made as part of the analysis of the fourth variance factor is whether by granting the requested variance, the Commission will preserve substantial justice. Petitioners claim that by granting the variance substantial justice will be preserved by permitting the Petitioners to install and maintain a sandbag revetment to protect the structures on Site long enough for the Inlet Management Plan to take effect. Moreover, Petitioner explains that the property owners should be afforded every opportunity to protect and preserve their interest as long as such actions do not prevent the public's right to access and use of the area as provided by both common-law and statutory pubic rights. In this regard, the proposed super -sized sand bag structure is to be located as close to the seaward foundation of the threatened structures as practical. Once installed, the public should still be able to pass seaward of the sandbag revetment during most tide conditions. In its recommendation to the Commission, DCM agrees with the Petitioner that the variance will preserve substantial justice because it will allow the Petitioner to protect structures at this Site while it implements its Inlet Management Plan. Moreover, given the proximity of the structures to the ocean in combination with erosion experienced in this area, the public's access in front of these properties is already limited. Thus, increasing the waterward footprint of the sandbags proposed from what the Emergency Permit currently allows should not have significant additional impacts on the public's access to the beach and will preserve substantial justice. In this case, the Commission agrees with the Town and DCM that granting the variance will preserve substantial justice as the beach in front of Petitioners' property is already only 22 marginally available for use by the public and as habitat. Therefore, allowing larger sandbags at this Site would not significantly harm public trust and habitat usage but would provide temporary erosion protection until the beach nourishment goes into effect. For the above stated reasons, the Commission affirmatively finds that Petitioner has met the fourth factor required by N.C.G.S. § 113A-120.1(a) as long as the proposed development conforms to the conditions included in the variance granted below. ORDER THEREFORE, the requested variance from 15A NCAC 7H .0308 is GRANTED with the following CONDITIONS: (1) All sandbags installed at the Site in conformance with a permit or permit modification issued pursuant to this variance are temporary and may only remain in place for eight years from the. date of this final agency decision granting the variance. (2) Petitioners are required to begin construction on the proposed development at the Site within six (6) months of the date of this final agency decision granting the variance. If construction is not begun by May 21, 2015, the variance is null and void and Petitioners will not be allowed to construct the proposed development as it is inconsistent with the Commission's Sandbag Rules; (3) The granting of this variance does not relieve Petitioner of the responsibility for obtaining a CAMA permit from the proper permitting authority and all other required permits. This variance is based upon the Stipulated Facts set forth above. The Commission reserves the right to reconsider the granting of this variance and to take any appropriate action should it be shown that any of the above Stipulated Facts is not true or has substantially changed. This the 24"' day of November 2014. �sa' o�rnn�"•. Frank D. Gorham, III, Chairman Coastal Resources Commission 23 CERTIFICATE OF SERVICE This is to certify that I have this day served the foregoing FINAL AGENCY DECISION upon the parties by the methods indicated below: Brian E. Edes, Town Attorney 5002 Randall Parkway Wilmington, NC 28403 Christine A. Goebel, Esq. Assistant Attorney General N.C. Department of Justice Braxton C. Davis Angela Willis Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 This the 24"' day of November, Certified Mail/Return Receipt Rearrested and fkjgtronically at: briane(a�cmclawfi rm.com Electronically al c oe ebel c.ncdoi.gov F,lectronicallyat braxtou.davis@ncdenr. o aneela.wi ll i&'a)ncdenr. gov Special Deputy Attorney General and Commission Counsel N.C. Department of Justice P.O. Box 629 Raleigh, N. C. 27602 24 ft. in length (minimum) to 15 ft. in length (maximum), measured flat. All bags will have an approximate height, when filled, of approximately 1.5 ft. While the sand bag revetment is being constructed, the area landward of the revetment will be backfilled with beach compatible sand to provide support and stability to the revetment The re -designed configuration of the sand bag revetment, including the temporary containment tube will require less sand than the original sand bag revetment. No additional sand sources will be needed to construct the project. Upon completion of the project, the temporary containment tube will be removed. Removal of the tube will be accomplished by cutting through the geotextile fabric along the seaward base of the tube. The top of the tube will then be pulled back and secured so that the sand inside is exposed. Over the course of several days, based on sea conditions, the wave action will scour out the sand and redistribute it within the littoral system. Once the sand is sufficiently removed from the tube, a land based long reach excavator will be used to lift the geotextile fabric out of the water and dispose of it. Upon removal of the temporary containment tube, the Town may elect to place additional sand bags within the permitted footprint to achieve a cross section comparable to the original design. Please contact me at 910.791.9494 (office) or 910.443.4471 (cell) should you have any questions or need additional information. Very truly yours, COp/AASSSTTTAL,� PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Kenneth Willson Project Manager 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 910-791-9494 PHONE 910-791-4129 FAX November 25, 2014 Mr. Doug Hugget North Carolina Division of Coastal Management 400 Commerce Ave. Morehead City, NC 28557 RE: Construction Methods for North Topsail Beach North End Sand Bag Revetment Project Dear Mr. Huggett, This letter is in response to your e-mail request for additional information dated November 24, 2014 regarding means and methods to be used to construct the North Topsail Beach, North End Sand Bag Revetment Project. Please find the requested additional information including a drawing of the proposed construction cross section. After observing the continued rapid deterioration of the project area after sea conditions on November 23�d and 24th (See photos below), a decision was made between the Town, CPE-NC, and the contractor to modify the original design to use a temporary geotextile containment tube to stabilize the project area. In order to allow for construction of the sand bag revetment, a geotextile containment tube will be filled and placed on top of the scour apron and seaward of the proposed sand bag revetment location in order to provide temporary protection to the work area. The nominal dimensions of the temporary containment tube will be 30 ft. in circumference. The tube is expected to achieve a height of approximately 5 to 6 ft and a width of 12 ft Individual tubes will range in length from 100 to 200 ft The purpose of the containment tube is two -fold. 1) The temporary structure will allow for a safer work environment landward of the tube, which will expedite the installation of the sand bag revetment. 2) The temporary structure will stabilize the chronic erosion currently threatening both the foundations of the houses and the property between the landward side of the houses and the road. Photo 1 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. MAJOR PERMIT FEE SCHEDULE /Aj73 — P Y7s`— oN CC DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any Wetlands or open water areas: $400 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: 475 60% $285 40% $190 rSE RECMM P 0 2 2014 DCM-M me" DENR CAMA Daily Check Log for WIRO Date Received Check From Name Name of Perrift Holder Vendor Check Number Check amount PermitNumber7Comments Watford _ GP 83984D (0$200 8/1/2014� Hon Construction & Concrete LIC Bdan Kirkman BB&T 1073 $200.00 GP 63993D 8/1/2014 Holden Dock & Bulkheads Leonard Taylor First Community Bank _ 5835 $200.00 GP 63985D 8/1/2014-Coastal Marine Piers86ulkheads LLC Milian Wells Fargo 19717 $200.00 GP 64017D 8/4I2014 Maritech, LLC Adam C Knienm George Allen & J_ohn_C_erasani B of A 8/4/2014 Overbeck Marine Construction Inc. Kevin Morse SunTri 4299 $200.00GP 64018D _ _ 8/512014 Overbeck Madne Construction Inc. 8304 River Road _ _ _ _ _ SunTrust _ 43_00 _ _ $200.0_0 GP 64019D 8/5/2014 Overbeck Madne Construction Inc. 6601 Sed�ewood_ iSunTrust _ _ _ 4301 $200.00 GP 64020D _ _ 8/6/2014 Gary K. Greene__ _ renewal/transfer MP 21-90 _ Wells Fargo 4252 $200.00 transfer/renewal fee 2190 8/6/2014 Dean G. Siler Dean's Home Improvements Rodger &Jill Joyce _ BBBT t 3478_ $200,00 GP 63996D _ S/6/2014I William G. McRainey Melissa McKay Barron First Community Bank 7872 _ $200.00 GP 63997D 8/7/2014 Animon Construction, Inc Jack Brent B of A 3062 $200.00 GP for 53 N. Ridge, Surf City 8/7/20141D Chad Kimes & Amy L Kimes 138-10 J ce Bailey NC SECU 4429 $100 00 renewal fee _ 8O12014Topsai(I) Heights Landing 171-07 Topsail Heights subdivision _ NC SECU 117 $100 00 renewal fee _ 8/7/20141, North Carolina Baptist Assembly _ 35-10 NC Baptist Assem First Citizens 5366 _ $100 00 renewal fee _ 68/ 0014 Maritime Coastal Construction LLC Thompson _ - �Firsl Commuoily Bank _ 1540 $200.00 GP for Mazeile Trail, OIB _ 8/1112014 Allied Marine Contractors, LLC Bert & Wanda Maggart 8 of A _ 6691 $0.00GP 63133D 8/112Maritech, LLCAdam C Knerm ThomBofA _$2sY00AOGP 64016D _ 8/1V2014 Coastal Dretlging LLC Teena Koury __ BB&T _ _ _3502 $200.00iGP63931D 8/11/ 0014 HambyInc Peninsula al Topsail, LLC BBBT T 1339 _ _ $200.0 GO P64021D _ ..-- _P_ -- --_- - _ —.—.4 8/11/2014 Dennis F Michael _same Sew Savings Bank 1065 $400.00JUH 63268D 8/12/2074 Town of North Topsail Beach same 1st Citizens Bank 38554� _ 8100.00 MP 191-OS m_adi_fica8on 8/12/2014 Money Order from John Cassidy auth. Agent R.L. Vaughan_ _ _ North Amer. Banking Co 341373900 $200.00 GP 63933D _ _ _ 8/12/2014 GilbertW. ReecePE PC _ Land Man ement Gro_ Inc._ _ _ _ Topsail Island Yacht Club B of A Fast First Bank of Wdmin ton 1523 44356 $400.00 $100.00 major fee, 111 N. New River Drive, mod. Fee, MP 24-81 SC 8/12/2014 SEL Property —In 8/13/2014 Willie Richardson/Richardson Construction B.G. and Nang French BB&T 5727 $200.00 GP 63998D _ 8/13/2014 8/14/2014 Land Management GrouQs, Inc. _ _ Charles Riggs & Associates A ua Vista Farms_LLC Roderick Randall _ _ Cameren & Evans _ _ Judson Lawrence,Benl Tree HOA First Bank of Wilmington _ 44221 $250.00 major permit fee, NHCo, A us Vista Dr. _ First Citizens 13594 $50.00 mod. fee, minor NTB 14-14 _ 8/1512014 8H5/2014 _ Maritech, LLC Adam C Knierim_ _ Grice ConstmLiion of Brunswick Coun _ B of A _ _ BB&T _ ___1836 _ 9872 _ $600,00 GP 64024 Q$200 GP64025 (r�$400 _ GPrYr0290q5200,GP6399D SZ<M1 $400.00 8/18/2014 Town of North Topsail Beach _ same - _ First Citizens _ 38636 $475.00 Geotubes Recommendations for State Permit — North Topsail Beach "Phase I Emergency Sandbag Revetment' As proposed, this project is INCONSISTENT with 15A NCAC 07H .0308 (a)(2)(B) & (E) Temporary Erosion Control Structures. Based on this information, the Wilmington Regional Office OBJECTS to the project as proposed and any request for a favorable permit decision should be DENIED. The basis for this determination is referenced below, as specified in accordance with current Rules adopted and administered by the Coastal Resources Commission. Additionally, it should be noted that the installation of the proposed Geo-Tubes may limit if not restrict public access to and/or from the public beach. The proposal in in conflict with: 15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a)(2) Temporary Erosion Control Structures: (B) Temporary erosion control structures as defined in Part (2)(A) of this Subparagraph shall be used to protect only imminently threatened roads and associated right of ways, and buildings and their associated septic systems. A structure is considered imminently threatened if its foundation, septic system, or right-of-way in the case of roads, is less than 20 feet away from the erosion scarp. Buildings and roads located more than 20 feet from the erosion scarp or in areas where there is no obvious erosion scarp may also be found to be imminently threatened when site conditions, such as a flat beach profile or accelerated erosion, increase the risk of imminent damage to the structure. (E) Temporary erosion control structures shall not extend more than 20 feet past the sides of the structure to be protected. The landward side of such temporary erosion control structures shall not be located more than 20 feet seaward of the structure to be protected or the right-of-way in the case of roads. If a building or road is found to be imminently threatened and at an increased risk of imminent damage due to site conditions such as a flat beach profile or accelerated erosion, temporary erosion control structures may be located more than 20 feet seaward of the structure being protected. In cases of increased risk of imminent damage, the location of the temporary erosion control structures shall be determined by the Director of the Division of Coastal Management or their designee in accordance with Part (2)(A) of this Subparagraph. Should the applicant design the proposed project to comply with the above stated Rules (15A NCAC 07H .0308(a)(E), this office would have no objections to their proposal. rr RECEIVED EP0 2 2014 )CININI'D CITY 4 ..,,V. r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory, Governor John E. Skvarla, III Secretary August 27, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo • Topsail Island Yacht Club / Pender Co. • Aqua Vista Farms / New Hanover Co. • Town of NTB / Onslow Co. Kyle & Heather: Please publish the attached Notice in the Thursday, August 28, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, son Shaun K. Sim P Permit Support & Customer Service Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM aclilm Ronnie Smith - USACE Michele Walker- DCM ruElaf. P U 2 2014 4 c" NC Division of Coastal Management 127 Cardinal Drive Et., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nocoastaimanagement.net An Equal Opportunity 1 Affirmative Ado Empayer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted on August 13, 2014, for development permits in Areas of Environmental Concern as designated under the CAMA. According to said applications, Topsail Island Yacht Club Owners Association, Inc. proposes to construct a clubhouse and pool at Ill N. New River Dr., adjacent to Topsail Sound, in Surf City, Pender County; and Aqua Vista Farms, LLC proposes to expand an existing docking facility at 100 Aqua Vista Road, adjacent to Masonboro Sound, in Wilmington, New Hanover County. On August 27, 2014, The Town of North Topsail Beach proposed to install a Geo-tube (sandbag) revetment from 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, in Onslow County. Copies of these applications may be examined or copied at the offices of Tara MacPherson, (Pender Co.), Robb Mairs (New Hanover Co.), or Jason Dail (Onslow Co.), N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal Drive Ext., Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 18, 2014 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. ti ruEP p 2 2014 C.MN11DCgY 2. 3. 4. 5. 6. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of North Topsail Beach — "Phase I Emergency Sandbag Revetment" LOCATION OF PROJECT SITE: The project site is located along the oceanfront beach between 2276 and 2382 New River Inlet Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index — 2006: 28-(6497): Oceanfront & Inlet 2000. 28-(391): Oceanfront & Inlet 1995: 28-(379): Oceanfront & Inlet State Plane Coordinates — GPS File: PH 181113 X: 2449610 Y: 256997 Lat.: 34°31'29.15"N Long: 77°20'47.98"W INVESTIGATION TYPE: CAMA / D&F INVESTIGATIVE PROCEDURE: Dates of Site Visit — Multiple visits between Jan. 2013 and August 2014 Was Applicant Present — Yes PROCESSING PROCEDURE: Application Received — Complete 8/27/14 (with exceptions) Office — Wilmington SITE DESCRIPTION: RECEIVED (A) Local Land Use Plan — Town of North Topsail Beach Classification From LUP — No Classification / Developed S E P 2 ZQ 14 (B) AEC(s) Involved: OH, III (C) Water Dependent: Yes (D) Intended Use: Private/Government DCM•MIiDCiTY (E) Wastewater Treatment: Existing —Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Commercial and Residential structures and access -ways Planned — Geo-tube revetment (G) Estimated Annual Rate of Erosion: 2'/year Source — LTAASCR 2011 Update HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (coastal) (B) Non -Vegetated Wetlands - open water —29,000 sq. ft. (Geo- tubes (C) Other (Highground) —36,250 sq. ft. (Geo- —5.0 acres tubes) (217,800 sq. ft., sand removed from spit) (D) Total Area Disturbed: 7.05 acres (307,533 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO 8. PROJECT SUMMARY: The applicant is proposing to install a Geo-tube (large sandbag) revetment from 2276 to 2382 New River Inlet Road (+/- 1,450 linear feet), to protect the residential structures located along the north end of Topsail Island. i North Topsail Beach - "Phase I Emergency Sandbag Revetment" Project Page Two 9. PROJECT DESCRIPTION: The project site is located in North Topsail Beach, specifically between 2276 and 2382 New River Inlet Road, adjacent to the Atlantic Ocean, in Onslow County. To get to the site from Wilmington take US HWY 17 N to NC Hwy 210, which is located at the Lowe's Home Improvement on US HWY 17. Turn right onto NC Hwy 210 and continue across the Surf City Swing Bridge. Take a left at the first street N. New River Drive (NC Hwy 210). Continue on NC Hwy 210 until you reach the New River Inlet Road (approximately 8.15miles) . Turn right onto New River Inlet Road and continue to the far end. Turn left at the stop sign and the project area will be located on the right hand side of the road, just north of the Topsail Reef Condominium complex. The project area would span from the north side of the Topsail Reef Condos, north to the property identified by the Onslow County Tax office as 2382 New River Inlet Road. The current elevation of the project area ranges from approximately 6' NAVD to approximately 8' NAVD. The project site is adjacent to commercial (condos) and residential properties. The project site is bordered by New River Inlet to the north, the Atlantic Ocean to the East and commercial and residential properties to the south and west. The highground portion of the property is primarily un-vegetated with the exception of lawn grasses and ornamental landscaping around the existing homes. The Annual erosion rates for the Town ranges from 2'/year to 2.5'/year per the Division of Coastal Management's 2011 Annual Erosion Rate maps. Currently, the Town's proposal is to install a Geo-Tube sandbag revetment to protect the 20 or so homes located north of the Topsail Reef Condominium complex. This particular area of North Topsail Beach has experienced "accelerated erosion" within the past 12-15 months and the shoreline is progressively receding. Of the 20 or so properties included in this permit request, roughly 15 are considered "imminently threated", or have an erosion escarpment within twenty (20) feet of the foundation of the structure(s). The Town of North Topsail Beach currently has an active CAMA Permit (No.79-10) that authorizes sand deposition along the entire ocean front area of North Topsail Beach. The material used for this project includes excavated material from the New River Inlet Channel Re -alignment project, as well as excavation from a near - shore borrow site. To date, the Town has completed Phase I of the shoreline stabilization/channel re -alignment project, which happens to include the area for which the applicant is requesting the sandbag revetment. Permit No. 79-10 was originally issued on July 21, 2010, and later amended on June 20, 2014. The permit is scheduled to expire on June 12, 2015. Plans are underway to begin completion of Phases II-V of the shoreline stabilization project once the moratoriums are lifted for turtle nesting (i.e. November 150'). The Town of North Topsail Beach Land Use Plan does not have a "dry sand beach" classification: However; the upland areas of this project are classified as Developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of New River / Atlantic Ocean as a Primary Nursery Area and the waters adjacent to the proposerSEP j111 LOSED to the harvesting of shellfish. PROPOSED PROJECT: Q 2 2014 The applicant is proposing to install approximately 1,450 linear feet of Geo-tubes (oversi2Td13li WS)fom roughly 2276 New River Inlet Road to 2382 New River Inlet Road. As proposed, the Geo-tube revetment would adjoin, or abut, the existing temporary erosion control structure(s) located along the eastern side of Topsail Reef condominiums and would span north, terminating at 2382 New River Inlet Road (owned by the Town of North Topsail Beach). As designed, the Geo-tube revetment would consist of multiple bags, each measuring approximately 7.5' in height (above the existing elevation) X 45' in circumference. (See Sheet 3 of 3, page 20 for details on the design of the Geo-Tube/MacTube). North Topsail Beach — "Phase I Emergency Sandbag Revetment" Project Page Three As described, each Geo-Tube would measure approximately 50'-150' in length, which would be installed parallel to the shoreline, along the seaward side of the existing homes/dwellings. The main Geo-tube would be placed on top of a mat (scour apron) that would also contain an anchor tube (shallow) near the seaward toe of the project boundary and an optional anchor tube on the land side, giving a total linear dimension of 45' base width (anchor tube to anchor tube). The anchor tube would be used to prevent the main tube from shifting due to scour and/or wave inundation. As stated by the applicant, the Geo-tubes would be for protection of the aforementioned structures, and not for the creation of any new dune, or dune core. According to the application package, site drawings and project narrative, the applicant intends to fill the Geo- tubes with sand currently held in storage from an area north of the project site, labeled and referred to as the "spit". The spit is a broad, relatively flat, dry sand beach area that is located along the far northeast section of the island. The area is generally undisturbed, with the exception of foot traffic, and vegetation is beginning to propagate throughout. The elevation of the spit is roughly 2'-4' above the normal high water level, with a slight depression in the center. In total, the spit consist of approximately 5.0 acres of what the Town considers premium sand for shoreline protection immediately adjacent to the referenced properties. As designed, the applicant would remove approximately 12"-15" (top layer) from the spit, or approximately 10,000 cubic yards, which is what the applicant's engineer estimate is needed for the Geo-tubes. As planned, the construction methodology would proceed as follows: The Town, or its contractor, would use an excavator and/or front end loader to remove the required amount of material from the spit. Once loaded, the dry sand would be placed in a "hopper" where it would be mixed with seawater (pumped from the surf zone into the hopper) and then pumped into the tubes. As I understand the process, the hopper would move up and down the beach, in conjunction with the filling of the tubes. Based on historical documentation (i.e. DCM files), it appears the applicant's proposal would result in a sand bag revetment over/atop existing temporary erosion control structures. Our records indicate that several homes in the vicinity of the project site received sand bag permits and actually installed sandbags at these properties back in the 1990's. Some of the sand bags still remain intact and were visible prior to the deposition of sand associated with the shoreline stabilization/channel re -alignment project. 10. ANTICIPATED IMPACTS The applicant's proposal to remove sand from the "spit" would result in the disturbance of approximately 5.0 acres of dry sand beach, from which approximately 10,000 cubic yards of material would be removed. The excavated material would pumped into a 1,450 linear foot section of Geo-tube(s) measuring approximately 45' in width and T5' in height. Approximately 29,000 sq. ft. (20' x 1,450') of material would be placed at or below the normal high water level, while approximately 36,250 sq. ft. would be placed above the elevation of normal high water. The applicant has provided a copy of the oceanside easement agreement for this project (as it corresponds to the shoreline protection project) and it appears the scope of the work is consistent with the intent of the easement agreement. Impacts to the "spit" area, as a result of project completion, are uncertain and unknown at this time. Increases in turbidity should be expected during the project; however, they should dissipate once the project is complete. mak RBCEWW SEP 0 2 2014 Submitted by: Jason Dail Date: August 28, 2014 Office ilmington 'D MI MY 1=■r-1 APPLICATION for Major Development Permit past raVlsad 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landownerinformadon Business Name Project Name (if applicable) Town of North Topsail Beach Phase 1 Emergency Sandbag Revetment Applicant 1: First Name MI Last Name Stuart Turille Applicant 2: First Name MI Last Name N/A N/A WA If additional applicants, please attach an additional page(s) with names listed. Melling Address PO Box City Stale 2008 Loggerhead Court N/A North Topsail Beach INC ZIP Country Phone No. FAX No. 28460 Onslow 910 - 328 -1349 ext. NA WA Street Address (If ti ferent from above) City State ZIP N/A N/A WA N/A - Email townmanager@north-topsail-beach.org 2. Agent/Contractor Information Business Name Coastal Planning & Engineering of INC, PC Agent/ Contractor 1: First Name MI Last Name James T. Jarrett Agent/ Contractor 2: First Name MI Last Name N/A N/A N/A Mailing Address PO Box City State 4039 Masonbom Loop Rd WA Wilmington I NC ZIP Phone No. 1 Phone No. 2 28409 910-791-9494 ext. N/A 910-264-2166 ext. N/A FAX No. North Carolina Professional Engineering license 910-791-4129 005545 Street Address (Ndifferent from above) city State ZIP N/A N/A NIA NIA - Emall JaQsFb&e (ErD AUG 2 2 2014 SEP 0 2 2014 DQkf.U.ne rY DCA 3. Project Location County (can be multiple) Street Address State Onslow New River Inlet Rd Rd. # N/A Subdivision Name city State Zip N/A Town of North Topsail Beach NC 28460 Phone No. Lot No.(s) (If many, attach additional page with 910-328-1349 ext. N/A list) N/A, I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed White Oak River Basin project New River Inlet and Atlantic Ocean c. Is the water body Identified In (b) above, natural or manmade? d. Name the closest major water body to the ®Natural ❑Manmade ❑Unknown proposed project site. New River Inlet and Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city ®Yes []No limit the proposed work falls within. Town of North Topsail Beach 4. Site Description - a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.8.) Approximately 1,650 feet. 255,000 sq ft (5.85 ac) c. Size of Individual lot(s) d. Approximate elevation of tract above NHW N/A, I I (normal high water) or NWL (normal water (If many lot sizes, please attach addlitma/ page with a list) level) approximately+6 to+8it NAVD88 e. Vegetation on tract No native dune grasses are present seaward of the erosion scarp line due to continuing erosion Issues and past efforts associated with Phase 1 of the beach management project. Sand fencing and dune vegetation were Installed on the artificial dune Included In the beach fill design but the continuing erosion has destroyed almost all of the fencing and grass. (Photo Nos. 3 to 5 In the attached Project Narrative). f. Man-made features and uses now on tract There are currently 20 residential structures located along the ocean shoreline north of the Topsail Reef Condominiums. New River Inlet Road Is located Immediately landward of the homes. The residential structures serve as both permanent residences and rental propertles. g. Identify and describe the existing land uses adlacent to the proposed project site, The property Immediately south of the proposed sand tube installation is occupied by the Topsail Reef Condominiums. To the north, the area Is undeveloped and bounded by New River Inlet. The Topsail Reef Condominiums are protected by a sandbag revetment Installed In 2012. h. How does local government zone the tract? I. Is the proposed project consistent with the R-1 Residential applicable zoning? (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k.I les a pN I haeological assessment been done for the tract? If yes, attach a copy. NA ky�y�ILLMM�I GTON, NC iA Ji�h�proyo§q{llproject located Ina National Registered Historic District or does It Involve a ❑Yes ®No [I listed or eligible property? NA m. (I) Are there wetlands on the site? ❑Yea ®No QI) Are there coastal wetlands on the site? ❑Yes ®No Qil) If yes to either (1) or Qq above, has a delineation been conducted? ❑Yes []NO (Attach documentation, if available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing storm water management or treatment systems. NIA S. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Publlc/Govemment ®Pdvale/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The sand tube revetment will provide temporary erosion protection for 20 residential structures north of the Topsail Reef Condominiums. The sand tube structure will also protect a portion of New River Inlet Road from damage due to continued erosion and should reduce flooding due to waves overwash and unusual high fides (Photo No. 61n the Attached Project Narrative). A vicinity map, general layout of the proposed sand tube structure, and a typical cross- section of the revelment is provided on Sheets 1 of 3 to 3 of 3 In the Attachments. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It Is to be stored. The sand tubes will be filled with sand obtained from the sand spit area located immediately north of the area (Exhibit 1 In the Attachments). Bulldozers and frontend loaders will be used to shape the area prior to placement of the sandbags. The frontend loaders and dump trucks will be used throughout the operation to deliver sand from the borrow site and maneuver the sand tubes into position. A pump will be used to provide seawater to turn the sand Into slurry which will then be pumped Into the sand tubes. The bulldozer will be on standby during sand tube placement and will be used to final dress the area once the last tube Is In place. d. List all development activities you propose. The single purpose of the project is to Install the temporary sand tube revetment In the area fronting the 20 residential structures north of the Topsail Reef Condominiums. . e. Are the proposed activities maintenance of an existing project, new work, or both? New W The proposed project would provide new protection to the 20 residential structures north of the M WILM Topsail Reef Condominiums. While some of the home owners had previously Installed sandbag revetments permitted under existing CRC rules, none of those previous sandbag structures still exist. AUG 2 I. What Is the approximate total disturbed land area resulting from the proposed project? Ap roximately 2.1 Sand tubes would cover approximately 1,4501Inear feet of ocean shoreline with a 50-foot 5Sq.Ft or ®Acres wingwall or tieback on the north end (Sheet 2 of 3 in the Attachments). Installation will disturb an area about 60 feet wide resulting In a total disturbed area of approximately 2.1 acres. g. Will the proposed project encroach on any public easement, public access way or other area ®Yea ❑No ❑NA that the public has established use on The sand tubes will be Installed seaward of the front plies of the 20 residential structures and could encroach seaward of the existing mean high water line in the area. The proximity of some of the structures to mean high water currently Imposes some restrictions on public access along the area such that the sand tube structure would not have a significant incremental Impact on public access at the time of high tide. EP p 2 014 =1VED 'NGTON, NC 2 2014 DMeM:TDCfrr h. Describe location and type of existing and proposed discharges to waters of the state. N/A I. Will wastewater or slormwater be discharged Into a wetland? If yes, will this discharged water be of the same salinity as the receiving water? []Yes (]NO ®NA J. Is there any mitigation proposed? If yes, attach a mitigation proposal. LJYes ®No j]NA While there Is no formal mitigation proposed for the sand tube Installation, the Town of North Topsail Beach will continue to monitor the area with beach profile surveys associated with Its ongoing Inlet/beach management plan. The Town expects to perform maintenance of the new channel through New River Inlet In the next 2.5 years. At that time, some of the dredged material could be used to provide beach nourishment In the sand tube project area. Maintenance of the Inlet channel will be predicated on satisfying conditions contained In DOA permit SAW 2005-00344 and CAMA permit 79-10. RECEIVED DCM WILMINGTON, NC AUG 222014 4 ISRECEIVED EP p 2 2014 MMHDCTIY 6. Additionallntormation In addition to this completed application torn, (MP-1) the tolbwing items below, If applicable, must be submitted In order for the application package to be complete. items (a) — (0 are always applicable to anima/orr development application. Please consult the application Instruction booklet on how to properly prepare the required Rams below. a. A project narrative. (See attached) b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. No work has been done at the site for this project. See Shoals 2 of 3 and 3 of 31n the Attachments for the plan view, of the proposal and a typical cross-section, respectively. c. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. (See Sheet 1 of 3 in the Attachments) d. A copy of the deed (with state application only) or other Instrument under which the applicant claims tttle to the affected properties. WA e. The appropriate application fee. Check or money order made payable to DENR. f. 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 mall. 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. Name See Attached Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, permittee, and Issuing dates. Permit ee: Town of North Topsail Beach (management plan) DOA Permit SAW-2005-00344 Pertmihee: Town of North Topsail Beach (management plan) CAMA Persil 79-10 Permittee: town of North Topsail Beach (truck haul from spit) CAMA Permit 191-05 (As modified) h. Signed consultant or agent authorization form, 9 applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.O.S. 113A 1-10). If necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certltication and Permission to Enter on Land I understand that any permit Issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. R EC E I V that I am authorized to grant, and do in fact grant permission to representatives of state and federal review DCM WILMINGT es to enter on the aforementioned lands in connection with evaluating information related to this permit (camand follow-up monitoring of the project. I A U G 2 2 20iktfurther certify that the information provided in this application is truthful to the best of my knowledge. e 1 _Print Name Stuart Turille Signature Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED SEP 0 2 2014 DCM-1111D CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel Boat Boat Rock Rock Other (excluding (NLW or Canal Basin Ramp Groin Breakwater shoreline NWL stabilization) Length Width Avg. Existing NA NA Depth Final Project NA NA Depth 1. EXCAVATION ❑ a. Amount of material to be excavated from below NHW or b. Type of material to be excavated. NWT in ouDic yarns. Material needed to fill the sand tubes will be obtalned from the sand spit located on the north end of North Topsall Beach. The entire area Is above NHW. The Town has formally requested a modlf cation to CAMA Permit 191-05 to allow removal of material from the area show on Exhibll 1 In the Attachments. Total volume of material needed to fill the sand tubes will be about 9,000 to 10,000 cubic yards. c. (1) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WLp If any boxes are checked provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (11) Describe the purpose of the excavation In these areas: To provide sand to fill 1,450 linear feet of sand tubes and a 50-fool wingwall at the north end. RECEIVED DCM WILMINGTON, NC AUG 2 2 2014 Beach sand and shell. d. High -ground excavation In cubic yards. 9,000 to 10,000 cubic yards. rSRECEIVED EP 0 2 2014 DOM-M:i MY 2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. All excavated material W9 be placed In sand tubes and Installed In front of 20 residential structures located north of the Topsail Reef Condominium Buildings #1. c. (1) Do you claim title to disposal area? []Yes []No ®NA (II) If no, attach a letter granting permission from the owner. e. (1) Does the disposal area Include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (II) Describe the purpose of disposal In these areas: WA Dimensions of disposal area. The approximate area to be covered by sandbags will be approximately 90,000 sq. ft.(2.1 acres). d. (0 WIII a disposal area be available for future maintenance? ❑Yes []No ®NA (il) If yes, where? f. (1) Does the disposal Include any area in the water? ®Yes []NO ❑NA (11) If yes, how much water area Is affected? Based on conditions at the time of Installation, between 0.5 and 0.8 acres could be below the NHW line 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: 1450 ft plus a 50-ft wingwall ❑Bulkhead ❑Riprap ❑Breakwater/SIII ❑ Other. Geotextile Sand Tube revetment c. Average distance waterward of NHW or NW L: 0 to 20 It e. Type of stabilization material: 45-toot circumference geotextile sand tubes. Tubes will have a height of 6.5 to 7.0 feet and a bottom width of approximately 38 feet which Includes a scour apron on both sides. g. Number of square feel of fill to be placed below water level. Between 18,000 and 20,000 sq ft. Bulkhead backflll _ Riprap _ Breakwater/Sill _ Other geotexllle �pQ filled tubes I. Source of fill material. Send tubes will be filled with sand obtained from the surface of the sand spit located adjacent to New River Inlet (see Exhibit 1 In the Attachments). Width: Total approximately 38 feet Including 16 to 20 feet for the tube and about 18 feet for the scour apron. d. Maximum distance waterwani of NHW or NWL: 20 ft. (i) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (It) If yes, stale amount of erosion and source of erosion amount Information. The shoreline north of Building #1 of the Topsail Reef Condominiums receded between 50 and 150 feet from February 2013 (post -construction) and April 2014. The shoreline has continued to recede since April 2014 resulting In the loss of 250 feet of beach width in some areas. h. Type of fill material. Geotexllle tub 15n �. )�MiN 0 AV U 2 2 lDl� N NC RECUVED SEP 0 2 2014 4. OTHER FILL ACTMTIES (Excluding Shoreline Stabilization) a. () Will fill material be brought to the she? ❑Yes ❑ No ®NA If yes, (0) Amount of material to be placed In the water (ilq Dimensions of fill area (N) Purpose of fill a. How will excavated or fill material be kept on erosion controlled? WA (all material to be placed In sand tubes) ❑This section not applicable b. @ Will fill material be placed in coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑ SB _ OWL ®None (i) Describe the purpose of the fill In these areas: b. What type of construction equipment wit b used (e.g., dragline, backhoe, or hydraulic dredge)? Bulldozer, trucks, and frontend loader. c. (I) Wit navigational aids be required as a result of the d. (1) WIII wetlands be crossed in transporting project? apment to project she? ❑Yes ®No ❑Yes ®No DNA MNA (II) If yes, explain what type and how they will be (II) If yes, explain steps that will be taken to Implemented. avoid or minimize environmental Impacts. Dale Project Name Phase 1 Emergency Sand Tube Revetment — North end North Topsail Beach Applicant Name Town of North Topsail Beach(-.L- t n - Applicant Signature p,L - J,,SA l J V crO �n rA41A ice/' NoM. Ta /ps,�.1 Bear I. RECEIVED DCM WILMINGTON, NC AUG 222014 s rr REMVFZ P 0 2 2014 �-XgDcrrV I�CDETIR 21 FAA North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor August 28, 2014 Town of North Topsail Beach Attn: Stuart Turille, Town Manager 2008 Loggerhead Ct. North Topsail Beach, NC 28460 Dear Mr. Turille: John E. Skavarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the North Topsail Beach "Phase I Etpiergency Sandbag Revetment" project, located adjacent to the Atlantic Ocean, between 2276 and 2382 New River Inlet Road, North Topsail Beach, Onslow County. With exception of the ocean front easement agreement, the application package was received as complete on August 27, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is November 11, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75t° day. If this agency does not render a permit decision within 70 days from August 27, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. 'cere'y, J Dail Fi d Representative Enclosure cc: Jonathan Howell, DCM Ronnie Smith, COE Maria Dunn, NCWRC Chad Coburn, NCDWR Coastal Planning and Engineering, Attn: James Jarrett, 4038 Masonboro Loop Road, 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-39"964 Internet: www.ncooastaimanagement.net rM IiEGFIft P p 2 2014 WITDCJTY Wilmington, NC 28409 LAMA PERMIT APPLIED FOR PROJECT: t� m o � N q O Ocean in North Topsail Beach, Onslow Co. COMMENTS ACCEPTED THROUGH September 18, 2014 APPLICANT: Town of N. Topsail Bmeasmh FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Jason Dail, Express Coordinator 910-796-7221 NC ENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor October 2, 2014 Stuart Turille 2008 Loggerhead Court North Topsail Beach, NC 28460 Dear Mr. Turille: John E. Skvarla, III Secretary The Division of Coastal Management Wilmington Regional Office received a complete application on August 27, 2014 from the Town of North Topsail Beach for a proposed Sand Tube Revetment, which was circulated to the State and Federal commenting agencies for review. On September 17, 2014, a modification to the original proposal was received by the Division requesting the placement of approximately 35,000 to 50,000 cubic yards of sand on the oceanfront to assist in the construction of the proposed Sand Tube Revetment project. It was determined on September 18, 2014 that the proposed modification was a significant change in the design of the project and would require a re -submittal of the permit application to include re - notification to adjacent property owners, as well as a new public notice and comment period. On September 22, 2014 the Division received notice that the Town no longer wished to. pursue the Sand Tube Revetment and would be submitting a new CAMA Major Permit Application requesting a sand bag structure. Due to this, the Division is retiring the original application and will be informing the State and Federal commenting agencies this permit request is no longer valid. We look forward to working with you on the new proposal, and if there is anything the Division can do to help, please let us know. If you have any questions concerning this matter, please feel free to contact me at (252) 808-2808 (ext. 211) or by e-mail at Jonathan.Howell@ncdenr.gov. Sincerely, G�/>�Ce%u�GeiC Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Ave„ Morehead City, NC 28557-3421 Phone: 252-808-28081 FAX: 252-247,3330 Internet: www.nccoastalmanacement.net An Equal Opportunity i ARrmagve Action Employer United States Department of the interior FISH AND WILDLIFE SERVICE Raleigh Field Office Post Office Box 33726 Raleigh, North Carolina 27636-3726 September 19, 2014 Mr. Ronnie D. Smith U. S. Army Corps of Engineers Wilmington Regulatory Field Office P. 0. Box 1890 Wilmington, North Carolina 28402-1890 Subject: Town of North Topsail Beach; Proposed Construction of Geotubes Onslow County, NC Dear Mr. Smith: Thank you for your email dated September 8, 2014, requesting concurrence on the U.S. Army Corps of Engineers' (Corps) determination concerning the proposal from the Town of North Topsail Beach to place geotube sandbags along 1,450 linear feet on the north end of North Topsail Beach, in the Atlantic Ocean. The U. S. Fish and Wildlife Service (Service) has reviewed the email, the North Carolina Division of Coastal Management's (NCDCM) Field Investigation Report, the proposed conservation measures, and the Corps' determination of project impacts, pursuant to section 7 of the Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531-1543). Project Area, Proposed Activities, and Anticipated Impacts The project area is South Beach and the adjacent Atlantic Ocean on North Topsail Beach. The waters of the project area are classified as SA, but are not open to shellfishing. The area is not designated as a Primary Nursery Area (PNA). The substrate of the project area is primarily sand. The applicant proposes to install a geotube revetment from 2276 to 2382 New River Inlet Road to protect residential structures along the north end of Topsail Island. The length of shoreline to be hardened is approximately 1,450 linear feet (there is also a 50 If return wall on the north end, proposed perpendicular to shore). Approximately 15 of the 20 structures to be protected are currently considered to be imminently threatened, or to have an erosion escarpment within 20 feet of the foundation of the structure. SEP Si Each geotube is approximately 7.5 feet high and 45 feet in circumference, and 50 to 150 feet long. The geotubes would be installed parallel to the shoreline, along the seaward side of the existing structures. The applicant intends to fill the tubes with sand from the sandflat north of the proposed site, adjacent to New River Inlet. Sand would be removed from approximately 5 acres of this area, to a depth of 12 to 15 inches, providing 10,000 cy of sand to fill the geotubes. No sand is proposed to be placed on top of the geotubes. According to NCDCM's Field Investigation Report, it appears that the applicant's proposed revetment would be installed on top of existing temporary erosion control structures, which were installed in the 1990s. Some of these sand bag structures remain intact., Federally Protected Species The Service has reviewed available information on federally -threatened or endangered species known to occur in Onslow County. Our review indicates that several species may occur in the project area, including the West Indian manatee (Trichechus manatus), piping plovers (Charadrius melodus melodus), seabeach amaranth (Amaranthus pumilus), and the Kemp's Ridley (Lepidochelys kempi), hawksbill (Eretmochelys imbricata), leatherback (Dermochelys coriacea), loggerhead (Caretta caretta), and green (Chelonia niydas) sea turtles: Of the five sea turtle species, the loggerhead, green, and leatherback sea turtle may nest in the project area. Whales, shortnose sturgeon (Acipenser brevisrostrum), Atlantic sturgeon (Acipenser oxyrinchus), and sea turtles in the water are under the jurisdiction of NOAA Fisheries' Protected Species Division. On September 30, 2013, the Service proposed listing -the rufa red knot (Calidris canutus rufa) (or red knot) as threatened throughout its range. Please refer to Federal Register Notice 78 FR 60023. The Service also plans to publish a proposal to designate critical habitat for the red knot in the very near future. On July 10, 2014, the Service designated portions North Carolina beaches as critical habitat for the Northwest Atlantic (NWA) population of loggerhead sea turtles. North Topsail Beach is located within Critical Habitat Unit LOGG-T-NC-03 (Topsail Beach, Onslow County). From the Federal Register (FR) Notice (see http://www.regulations.gov/#!documentDetail;D=FWS-R4-ES-2012-0103-0001), this unit consists of 35.0 km (21.8 mi) of island shoreline along the Atlantic Ocean and extends from New River Inlet to New Topsail Inlet. The unit includes lands from the MHW line to the toe of the secondary dune or developed structures. The Corps has made a determination of May Affect, Not Likely to Adversely Affect the piping plover, red knot, seabeach amaranth, and Kemp's Ridley, hawksbill, loggerhead, leatherback, and green sea turtle. Service Recommendations Because the proposed extensive hardening of the shoreline will effectively remove beach habitat from the project area for an indefinite period of time, the Service cannot concur with the Corps' determination of May Affect, Not Likely to Adversely Affect the piping plover, red knot, seabeach amaranth, and loggerhead, leatherback, and green sea turtle. Specifically, the Service is concerned with the extensive loss of sea turtle nesting habitat, potential seabeach amaranth habitat, and foraging and roosting habitat of overwintering and migrating piping plovers and red knots. There are also concerns for potential direct and indirect impacts to piping plover and red knot from dredging operations at the north end of the project area. The Service recommends that the Corps initiate formal consultation for this project pursuant to section 7 of the ESA. In addition, the Service requests that the following information be provided prior to or during formal consultation: 1. Information concerning the existing sand bag revetment(s) in the project area, including date of installation, number and location of installed sandbags, effectiveness of the installed revetment, the current condition of the existing sandbags, and whether the sandbags will be removed during the proposed construction process. 2. Information on expected life of the proposed geotube revetment and plans to remove it in the future. 3. More specific information on construction methods, including an estimate of the construction start and end date (month and day), equipment to be used, access points, monitoring plans, and all other aspects of the construction process. 4. More specific information concerning the potential effects to adjacent beachfront areas from the geotubes, including specific remediation and removal plans if the revetment is determined to not be effective, of if it is determined to be causing a significant adverse impact to the beach and dune system in or adjacent to the project area. RECEIVED SEP 2 6 ?T4 DCIVUHJ'Wl b 5. More information on proposed conservation measures to avoid and minimize impacts to piping plovers, red knot, seabeach amaranth, and nesting sea turtles. Because of the significance of the sandflat "spit" (where the sand is proposed to be dredged) to many non -listed migratory and nesting shorebirds, information is also needed on avoidance and minimization of impacts to shorebirds in general. These species are not federally -listed under the Endangered Species Act, but many are considered to be at -risk and all are protected under the Migratory Bird Treaty Act (16 USC 703-712). 6. Sea turtle nesting records and seabeach amaranth records for at least the previous 10 years (or more, if data are available), for the project area. We note that we appear to have adequate shorebird data from the bird surveys conducted under the Town's previous permit (SAW-2005-00344). The Service looks forward to working with the Corps and the applicant during formal consultation. If you have questions, please contact Kathy Matthews at 919-856-4520, ext. 27 or by e-mail at <kathryn_matthews@fws.gov >. Peter Berlin Field Supervisor cc: Fritz Rohde, NOAA Fisheries, Beaufort Maria Dunn, NCWRC, Washington Doug Huggett, NC DCM, Morehead City Debra Wilson, NC DCM, Wilmington Chad Coburn, NC DWR, Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of North Topsail Beach COUNTY: Onslow PROJECT NAME: NTB Phase I Emergency Sandbag Revetment LOCATION OF PROJECT: 2276 to 2382 New River Inlet Dr., adjacent to the Atlantic Ocean at the N. end of Topsail Island, in North Topsail Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-27-14 FIELD RECOMMENDATION: Attached: YES CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs J DISTRICT MANAGER REVIEW: .Q� ���-- B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 8-28-14 ADJ. RIP. PROP NOTICES RECD' :: APPLICATION ASSIGNE jDj TO: �la�ea C) 75 DAY DEADLINE: �l l o MAIL OUT DATE: 8-28-14 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $37& LPI< END OF NOTICE DATE: 9-18-14 DEED C : ON: 150 DAY DEADLINE: STATE DUE DATE: 9-18-14 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Ct-2_ 16 ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Ct $ k S * E Q e Division of Water Resources (401) a l8 IN ✓ Storm Water Management (DEMLR) 5' 14 ✓ State Property Office f'1N t/ Division of Archives & History L- / �-/ ✓ Division of Environmental Health Division of Highways �[- l G- I t ✓ Wildlife Resources Commission Local Permit Office Division of Marine Fisheries / DCM 2 Corps of Engineers QWS, Ct-3-14 V 05 WENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor RECEIVED August 28, 2014 AUG 292014 Division of Coastal Management DOA MEMORANDUM: STATE PROPERTY OFFICE TO: Tim Walton Dept of Administration State Property Office John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Town of North Topsail Beach Project Location: 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, Onslow Co. Proposed Project: installatio a Geo-tu a (large sandba revetment (+/- 1,450 linear feet), to protect the residential struc Gated along the north end of Topsail Island. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This a�erlcy 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 k AAMN DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.7W72151 FAX: 91 M95-3984 Internet: www.nccoastalmanaaement.net An Equal Opponunity\Alliinative Action Emdoyar FINALIZED Recommendations for State Permit — North Topsail Beach "Please I Emergency Sandbag Revetment" —REVISED 819114 ' As proposed, this project is INCONSISTENT with 15A NCAC 07H .0308 (a)(2)(B) (E)&(K) Temporary Erosion Control Structures. Based on this information, the Wilmington Regional Office OBJECTS to the project as proposed and any request for a favorable permit decision should be DENIED. The basis for this determination is referenced below, as specified in accordance with current Rules adopted and administered by the Coastal Resources Commission. Additionally, it should be noted that the installation of the proposed Geo- Tubes may limit if not restrict public access to and/or from the public beach. The proposal in in conflict with: 15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a)(2) Temporary Erosion Control Structures: (B) Temporary erosion control structures as defined in Part (2)(A) of this Subparagraph shall be used to protect only imminently threatened roads and associated right of ways, and buildings and their associated septic systems. A structure is considered. imminently threatened if its foundation, septic system, or right-of-way in the case of roads, is less than 20 feet away from the erosion scarp. Buildings and roads located more than 20 feet from the erosion scarp or in areas where there is no obvious erosion scarp may also be found to be imminently threatened when site conditions, such as a flat beach profile or accelerated erosion, increase the risk of imminent damage to the structure. (E) Temporary erosion control structures shall not extend more than 20 feet past the sides of the structure to be protected. The landward side of such temporary erosion control structures shall not be located more than 20 feet seaward of the structure to be protected or the right-of-way in the case of roads. If a building or road is found to be imminently threatened and at an increased risk of imminent damage due to site conditions such as a flat beach profile or accelerated erosion, temporary erosion control structures may be located more than 20 feet seaward of the structure being protected. In cases of increased risk of imminent damage, the location of the temporary erosion control structures shall be determined by the Director of the Division of Coastal Management or their designee in accordance with Part (2)(A) of this Subparagraph. (K) Sandbags used to construct temporary erosion control structures shall be tan in color and three to five feet wide and seven to 15 feet long when measured flat. Base width of the structure shall not exceed 20 feet, and the height shall not exceed six feet. Should the applicant design the proposed project to comply with the above stated Rules (15A NCAC 07H .0308(a)(E)&(K), this office would have no objections to their proposal. Howell, Jonathan From: Christenbury, Mike Sent: Tuesday, September 09, 2014'2:50 PM To: Howell, Jonathan Subject: RE: Town of North Topsail Beach Hi Jonathan: I have no comment on this proposal. The proposal is consistent with the North Topsail Beach Land Use Plan. -MikeC From: Howell, Jonathan Sent: Friday, September 05, 2014 4:18 PM To: Christenbury, Mike; Steenhuis, Joanne; Dunn, Maria T.; Smith, Ronnie D SAW; Baker, Jessi E; Wayman, Joy; Miller, Carol Subject: Town of North Topsail Beach Hello everyone, you should have received a CAMA Major Permit application for the Town of North Topsail Beach in which authorization was requested to construct a Sandbag Revetment along approximately 1500' linear feet of oceanfront. As you may be aware, the Division of Coastal Management has a width and height limitation on sandbag structures along the oceanfront, and the proposed development exceeds those limitations. The applicant is aware of this detail and will be requesting a variance from the proposed rules. With this email, I am requesting any assistance you can provide in responding to this CAMA Major Permit application as expeditiously as possible to assist North Topsail Beach in reaching the deadline for filing a variance with the Coastal Resources Commission. The deadline is 9/10/14, so as you can see there is not a lot of time to process this request and assist the Town in getting on the next CRC agenda. Any help would be appreciated. If you have any questions, feel free to give me a call. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanaeement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. NCDENR North Carolina Department of Environment and Natural Resources. Pat McCrory :Governor August28, 2014. Division of Coastal Management MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance John E: Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Town of North Topsail Beach Project Location: 2276 to 2382 New River Inlet Rd., adjacent to. the Atlantic Ocean, Onslow Co. Proposed Project: installation of a Geo-tube (large sandbag) revetment (+A 1,450 linear feet), to protect the residential structures located along the north end of Topsail Island. Please indicate.below.your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments with supporting data is 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 th"e project for reasonsdescribed in the attached comments. SIGNED ' " L fl W' t c,C DATE 113 N.C..Division:ol Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395.3964Internet: www.nccoastalmanaoementmet An Equal Opeohunity I Alfirmalive Action Employer NA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 28, 2014 Division of Coastal Management MEMORANDUM: TO: Diane Williams Environmental Engineer Public Water Supply John E. Skvarla, III Secretary AUG 2 8 ?Olti FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Town of North Topsail Beach Project Location: 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, Onslow Co. Proposed Project: installation of a Geo-tube (large sandbag) revetment (+/- 1,450 linear feet), to protect the residential structures located along the north end of Topsail Island. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: 'P 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 obj is to the project for reasons described in the attached comments. SIGNED DATE 29 j RECEIVED Si RZ t-. SEP 0 b 2014 N.C. Division of Coastal Management pCM-Moll 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal OpporNniry \ Affirmative Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 28, 2014 Division of Coastal Management MEMORANDUM: TO FROM: SUBJECT: Applicant: Project Location Dan Sams District Manager DEMLR - WiRO I�CCFJVI� AUG 28 ypµ John E. Skvarla, III Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA / Dredge & Fill Major Permit Application Review Town of North Topsail Beach 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, Onslow Co. Proposed Project: installation of a Geo-tube (large sandbag) revetment (+/- 1,450 linear feet), to protect the residential structures located along the north end of Topsail Island. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. X This agency approves of the project only if the recommended changes are incorporated. See attached. �.a„d`` d:s r6a. « /S.Y.%(!V D11f 4yR.— b�•.Z. ve�e to (� 111-M GlG! PK. 0.(.!C I✓` $:Lt ennJ S{ op'fu.✓• Uol.•w P� 5atl:.+.o.�'F Cowr}YJ, �ts.� Q�`r ts`�10n wr� a.'��fDJat This agency objects to the project for reasons described to the attached comments. t` SIGNED DATE �' 912b14 DECEIVED SEP 0 5 gnu N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCMh*., Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www,nccoastalmanagement.net " `bC1Ti An Equal opportunity \ Atlirtnalive Action Employer NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 28, 2014 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NH DEH Shellfish Sanitation Section John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Town of North Topsail Beach Project Location: 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, Onslow Co. Proposed Project: installation of a Geo-tube (large sandbag) revetment (+/- 1,450 linear feet), to protect the residential structures located along the north end of Topsail Island. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments with supporting data is 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. SIGNEDDATE RECEIVED SEP 0 5 2014 N.C. Division o1 Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MADCrly Phone. 910-796-7215 \ FAX: 910-395.3964 Internet: www.nccoastalmanagement.net An Equal Opportumly 1 Amrmalive Apron Employer Recommendations for State Permit —North Topsail Beach "Phase I Emergency Sandbag Revetment" As proposed, this project is INCONSISTENT with 15A NCAC 07H .0308 (a)(2)(B) & (E) Temporary Erosion Control Structures. Based on this information, the Wilmington Regional Office OBJECTS to the project as proposed and any -request for a favorable permit decision should be DENIED. The basis for this determination is referenced below; as specified in accordance with current Rules adopted and administered by the Coastal Resources Commission. Additionally, it should be noted that the installation of the proposed Geo-Tubes may limit if not restrict public access to and/or from the public beach. The proposal in in conflict with: 15A NCAC 07H .0308 SPECIFIC USE STANDARDS FOR OCEAN HAZARD AREAS (a)(2) Temporary Erosion Control Structures: (B) Temporary erosion control structures as defined in Part (2)(A) of this Subparagraph shall be used to protect only' imminently threatenedroads and associated right of ways, and buildings and their associated septic systems. A structure is considered imminently threatened if its foundation, septic system, or right-of-way in the case of roads, is less than 20 feet away from the erosion scarp. Buildings and roads located.more than 20 feet from the erosion scarp or in areas where there is no obvious erosion scarp may also be, found to be imminently threatened when site conditions, such as a flat beach profile or accelerated erosion, increase the risk of imminent damage to the structure. (E) Temporary erosion control structures shall not extend -more than 20 feet past the sides of the structure to be protected. The landward side of such temporary erosion control structures shall not be located more'than 20 feet seaward of the structure to be protected or the right-of-way in the case of roads. If a building or road is found to be imminently threatened and at an increased risk of imminent damage due to site conditions such as a flat beach profile or accelerated erosion, temporary erosion control structures may be located more than 20 feet seaward of the.structure being protected. In cases of increased risk of imminent damage, the location of the temporary erosion control structures shall be determined by the Director of the Division of Coastal. Management or their designee in, accordance with Part (2)(A).of this Subparagraph. Should the applicant design the proposed project to comply with the above stated Rules (15A NCAC 07H .0308(a)(E), this office would have no objections to their proposal. Ar'mrA MEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 28, 2014 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - WiRO =CEIVE AVG 2 8 2M John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Town of North Topsail Beach Project Location: 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, Onslow Co. Proposed Project: installation of a Geo-tubE 'large sandbag) revetment (+/- 1,450 linear feet), to protect the residential ructures located along the north end of Topsail Island. Please indicate below your agency's positiot r viewpoint on the proposed project and return this form to Jonathan Howell at tl ddress above by September 18, 2014. If you have any questions regarding the prop(,,, project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments wit' Ipporting data is requested. REPLY: �is agency has no r rjection 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. SIGNE A 6,,DATE RECEN$D SEP 16 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 DCM-MCrrY Phone: 910-796.7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opponuniry `. Aflinnahve Action ErnoWer NCDENR North Carolina Department of Enylron'rnen(and Natural Resources Pat 66Croro E.'�Skva0i, 1111 �c Goy ipar 4 Z614 S&retaly -Aqgust.28j,W4, Division iW'C6aista I Management -MEMORANDUM: TO: ;Renea Gledhill 'Early; !!Dept.' ol"tulto ral* Resources FIROM: Jonathan Howell, NC MNR-66 M Assisiant Major Permits Co irdin. ator 400 tommetce Ave,.,. IV16rehead,Qity, NC28557. (Courier SUBJECT: 'CAMA / Dredge-& Fill Major'Permit- Application Review Appli-earit: Town of North Topsail Beach 'Projecilocqtibn: 2276to-2382,N6wRiver Ini6t.Rdf.,adjacent tathe Atli4htic'060ki),.(?njl-qwf�Co., �P,rdlppsed Project : 46stditaijon ota Goo -tube, (large sandbag) revetment.(+1- 1,,450-linear fee!), toprotect the residential,,s.truct.ures.:Iocbteda.lopgthe north ends 6f-TopsOlsland. Pleaseindicate below your -agency's position.or viewpoint on the, proposed project and return this'46rm-to Jonathan Howell at'the address aboveby SelpteMber 18i2014. Jf,yqU. 'h6e agy',- ­ t" - ..- ihg'thd proposed project; Dail at (910 796-7425 . -1 , ques ions�reg4rd . 9 when, appropriate, in-depth comments with,supporfihg,dafA is "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 ih',.thb�dftdchOd'coffim-"etits',. SIGN.IED9___.1�5!9UQUF(a, j,(J DATEI_ N.C. Division 0! CoastWMEingemelit 127 Car8iMIP6%re Et,, Wftlnglon,NIC 2W5 Phon6: FAX: 9 0-395-3964 Internet Mvw necoastalmanactemell.nel An Eq" Opamuky k Minafiv, AeRm E�,;7;zr SEP 0 5 2014 —Sep.19. 2014 2:26PM NC Dept of Transportation No.5146 P. 1/1 RUBES R North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary �ts'IpICT l :;fG' D 91U14 August 28, 2014 Division of Coastal Management TO: Robert Vause NC DOT Onslow County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Town of North Topsail Beach Project Location: 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, Onslow Co. Proposed Project: Installation of a Geo-tube (large sandbag) revetment (+/ 1,450 linear feet), to protect the residential structures located along the north end of Topsail Island. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: �I his 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 reason des ibled in the attached comments. SIGNEDW Dj` fth(4 DATE J N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910.796-72151 FAX! 9IM95-3984 internet www.nccoastalmanagemenl.net An ftml Opponuray VAKlmarNe Acfwn Employer A�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 28, 2014 Division of Coastal Management MEMORANDUM: TO: Tim Walton Dept of Administration State Property Office RECEIVED AUG 2 9 2014 DOA STATE PROPERTY OFFICE John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA / Dredge & Fill Major Permit Application Review Applicant: Town of North Topsail Beach Project Location: 2276 to 2382 New River Inlet Rd., adjacent to the Atlantic Ocean, Onslow Co. Proposed Project: installation a Geo-tu a (large san bag revetment (+/ 1,450 linear feet), to protect the residential struc u cated along the north end of Topsail Island. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by September 18, 2014. If you have any questions regarding the proposed project, contact Jason Dail at (910)796-7425 when appropriate, in-depth comments with supporting data is requested. REPLY: —This agency has no objection to the project as proposed. ✓ T his 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 RECEIVED SEP 17 2014 N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.nocoastalmana ment. 1DCV2v::?DOrN An Equal Opportunity 1 AllirrnaNe Action Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Town of North Topsail Beach — "Phase I Emergency Sandbag Revetment" 2. LOCATION OF PROJECT SITE: The project site is located along the oceanfront beach between 2276 and 2382 New River Inlet Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index — 2006: 28-(6497): Oceanfront & Inlet 2000: 28-(391): Oceanfront & Inlet 1995: 28-(379): Oceanfront & Inlet State Plane Coordinates — GPS File: P111811B X: 2449610 Y: 256997 Lat.: 34031'29.15"N Long: 77°20'47.98"W INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Multiple visits between Jan. 2013 and August 2014 Was Applicant Present — Yes PROCESSING PROCEDURE: Application Received — Complete 8/27/14 (with exceptions) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of North Topsail Beach Classification From LUP — No Classification / Developed (B) AEC(s) Involved: OH, IH (C) Water Dependent: Yes (D) Intended Use: Priv overnment 75 (E) Wastewater Treatmeii. xrs ng - Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Commercial and Residential structures and access -ways Pl — Geo-tube revetment (G) Estimated Annual Rate of Er^ s onr2'/year "Source — LTAASCR 2011 Update 7. HABITAT DESCRIPTION: [AREA] DREDGED EILLED OTHER (A) Vegetated Wetlands (coastal) (B) Non -Vegetated Wetlands - open water —29,000 sq. ft. (Geo- tubes (C) Other (Highground) —36,250 sq. ft. (Geo- —5.0 acres tubes) (217,800 sq. ft., AE0revved from spit) SEP i " %104 (D) Total Area Disturbed: 7.05 acres (307,533 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO DCM-MHncrry ROJECT SUMMARY: The applicant is prnr,oainnsra�t a Geo-tube (large sandba th�i revetment from 2276 to 2 New River Inlet Road (+/- 1,450 linear feet), to protect the residential structures ocated along the nor)(Z opsail Isla North Topsail Beach - "Phase I Emergency Sandbag Revetment" Project Page Two 9. PROJECT DESCRIPTION: The project site is located in North Topsail Beach, specifically between 2276 and 2382 New River Inlet Road, adjacent to the Atlantic Ocean, in Onslow County. To get to the site from Wilmington take US HWY 17 N to NC Hwy 210, which is located at the Lowe's Home Improvement on US HWY 17. Turn right onto NC Hwy 210 and continue across the Surf City Swing Bridge. Take a left at the first street N. New River Drive (NC Hwy 210). Continue on NC Hwy 210 until you reach the New River Inlet Road (approximately 8.15miles) . Turn right onto New River Inlet Road and continue to the far end. Turn left at the stop sign and the project area will be located on the right hand side of the road, just north of the Topsail Reef Condominium complex. The project area would span from the north side of the Topsail Reef Condos, north to the property identified by the Onslow County Tax office as 2382 New River Inlet Road. The current elevation of the project area ranges from approximately 6' NAVD to approximately 8' NAVD. The project site is adjacent to commercial (condos) and residential properties. The project site is bordered by New River Inlet to the north, the Atlantic Ocean to the East and commercial and residential properties to the south and west. The highground portion of the property is primarily un-vegetated with the exception of lawn grasses and ornamental landscaping around the existing homes. The Annual erosion rates for the Town ranges from 2'/year to 2.5'/year per the Division of Coastal Management's 2011 Annual Erosion Rate maps. Currently, the Town's proposal is to install a Geo-Tube sandbag revetment to protect the 20 or so homes located north of the Topsail Reef Condominium complex. This particular area of North Topsail Beach has experienced "accelerated erosion" within the past 12-15 months and the shoreline is progressively receding. Of the 20 or so properties included in this permit request, roughly 15 are considered "imminently threated", or have an erosion escarpment within twenty (20) feet of the foundation of the structure(s). The Town of North TopsailB.eachicurrently has an active CAMA Permit (No.79-10) that authorize eposd n along the entire ocean fr ea of North Topsail BeacI i, e H. i use or is project includes excava a om the New River Inlet - ent project, as well as excavation from a near - shore borrow site. To date, the Town has completed Phase I of the shoreline stabilization/channel re -alignment project, which happens to include the area for which the applicant is requesting the sandbag revetment. Permit No. 79-10 was originally issued on July 21, 2010, and later amended on June 20, 2014. The permit is scheduled to expire on June 12, 2015. Plans are underway to begin completion of Phases II-V of the shoreline stabilization project once the moratoriums are lifted for turtle nesting (i.e. November 151`). The Town of North Topsail Beach Land Use Plan does not have a "dry sand beach" classification: However; the upland areas of this project are classified as Developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of New River / Atlantic Ocean as a Primary Nursery Area, and the waters adjacent to the proposed project are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to install approximately 1,450 linear feet of Geo-tubes (oversized sandbags) from roughly 2276 New River Inlet Road to 2382 New River Inlet Road. As proposed, the Geo-tube revetment would adjoin, or abut, the existing temporary erosion control structure(s) located along the eastern side of Topsail Reef condominiums and would span north, terminating at 2382 New River Inlet Road (owned by the Town of North Topsail Beach). As designed, the Geo-tube revetment would consist of multiple bags, each measuring approximately 7.5' in height (above the existing elevation) X 45' in circumference. (See Sheet 3 of 3, page 20 for details on the design of the Geo-Tube/MacTube). North Topsail Beach — "Phase I Emergency Sandbag Revetment" Project Page Three As described, each Geo-Tube would measure approximately 50'-150' in length, which would be installed parallel to the shoreline, along the seaward side of the existing homes/dwellings. The main Geo-tube would be placed on top of a mat (scour apron) that would also contain an anchor tube (shallow) near the seaward toe of the project boundary and an optional anchor tube on the land side, giving a total linear dimension of 45' base width (anchor tube to anchor tube). The anchor tube would be used to prevent the main tube from shifting due to scour and/or wave inundation. As stated by the applicant, the Geo-tubes would be for protection of the aforementioned structures, and not for the creation of any new dune, or dune core. According to the application package, site drawings and project narrative, the applicant intends to fill the Geo- tubes with sand currently held in storage from an area north of the project site, labeled and referred to as the "spit". The spit is a broad, relatively flat, dry sand beach area that is located along the far northeast section of the island. The area is generally undisturbed, with the exception of foot traffic, and vegetation is beginning to propagate throughout. The elevation of the spit is roughly 2'-4' above the normal high water level, with a slight depression in the center. In total, the spit consist of approximately 5.0 acres of what the Town considers premium sand for shoreline protection immediately adjacent to the referenced properties. As designed, the applicant would remove approximately 12"-15" (top layer) from the spit, or approximately 10,000 cubic yards, which is what the applicant's engineer estimate is needed for the Geo-tubes. As planned, the construction methodology would proceed as follows: The Town, or its contractor, would use an excavator and/or front end loader to remove the required amount of material from the spit. Once loaded, the dry sand would be placed in a "hopper" where it would be mixed with seawater (pumped from the surf zone into the hopper) and then pumped into the tubes. As I understand the process, the hopper would move up and down the beach, in conjunction with the filling of the tubes. Based on historical documentation (i.e. DCM files), it appears the applicant's proposal would result in a sand bag revetment over/atop existing temporary erosion control structures. Our records indicate that several homes in the vicinity of the project site received sand bag permits and actually installed sandbags at these properties back in the 1990's. Some of the sand bags still remain intact and were visible prior to the deposition of sand associated with the shoreline stabilization/channel re -alignment project. 10. ANTICIPATED IMPACTS The applicant's proposal to remove sand from the "spit" would result in the disturbance of approximately 5.0 acres of dry sand beach, from which approximately 10,000 cubic yards of material would be removed. The excavated material would pumped into a 1,450 linear foot section of Geo-tube(s) measuring approximately 45' in width and T5' in height. Approximately 29,000 sq. ft. (20' x 1,450') of material would be placed at or below the normal high water level, while approximately 36,250 sq. ft. would be placed above the elevation of normal high water. The applicant has provided a copy of the oceanside easement agreement for this project (as it corresponds to the shoreline protection project) and it appears the scope of the work is consistent with the intent of the easement agreement. Impacts to the "spit" area, as a result of project completi U ertain and unknown at this time. Increases in turbidity should be expected during the project; he , ould dissipate once the project is complete. SEP 17 2014 'W DCZmUDerry Submitted by: Jason Dail Date: August 28, 2014 Office: Wilmington • 7I_ aQM Wi; AUG 1. Project Narrative. The Town of North Topsail Beach completed Phase 1 of its multifaceted inlet and shoreline management plan in February 2013 with the repositioning of the New River Inlet ocean bar channel to a more central location between the south end of Onslow Beach and the north end of North Topsail Beach. The material removed during repositioning of the channel was used to construct a beach fill along 7,730 feet of shoreline south of New River Inlet. The condition of the north end of North Topsail Beach prior to construction of the Phase 1 beach fill project is shown in Photo 1 with the condition immediately after construction provided in Photo 2. photo are the Topsail Reef Condominiums. 10 The ocean bar channel of New River Inlet was moved for the purpose of inducing sand accumulation on the south side of the inlet's ebb tide delta. Based on the documented historic behavior of the inlet, moving the channel to a more central position with an alignment approximately perpendicular to the adjacent shorelines would result in accretion of the shoreline south of the inlet. The time required for the new channel to have a positive impact on the shoreline was estimated to be at least 5 years; Monitoring of the inlet has demonstrated some of the expected results are taking place with sand accumulating on the south side of the inlet, however, the rate of build-up, as predicted, has been relatively slow. As a result, the north end of North Topsail Beach has continued to experience high rates of erosion. As of August 2014, most of the fill placed north of the Topsail Reef Condominiums has been lost (Photos 3 to 5). The loss of the beach fill has placed approximately 20 residential structures located north of Topsail Reef in imminent danger of being severely damaged or possibly destroyed. In OC addition to the threat to the homes, flooding of the area has been exasperated (photo 6) 1,,}vith flood waters spilling onto New River Inlet Road and side streets. l management plfor New QUG 2 Yi eeaaN4t plws for the per odicmaintenance l of the ocean bare ver Inlet and thechannel in order shoreline of North keep the 7°b6annel in its preferred position and alignment. Material removed to maintain the 11 Photo identi. R 4vG�® U(�, � 2q Nc t.1.v RECEWW 13 SEP 17 2014 4DCM=MiiD CITY channel is to be used to provide periodic nourishment of the North Topsail Beach shoreline including the shoreline nourished during Phase 1. The conditions of the permits issued for the project only allows maintenance of the channel to be accomplished every four years providing one of two channel maintenance thresholds are met. One channel threshold is associated with shoaling of the channel while the second is based on the position and alignment of the channel. With the initial project being completed in February 2013, the Town of North Topsail Beach is not permitted to maintain the channel until at least the 2016/2017 environmental dredge window. Given the present condition of the shoreline, the Town of North Topsail Beach needs to take immediate emergency measures in order to prevent the loss of the 20 threatened residential structures between now and the time it is permitted to maintain the channel. The temporary sand bag revetment allowed under CAMA (15A NCAC 7H.1700), which is limited to a height of 6 feet above the existing ground and a maximum bottom width of 20 feet, is not adequate to provide the degree of protection deemed necessary to protect the 20 residential structures for a minimum of 2.5 years. This is evident by the history of failure of previously permitted sandbag revetment in the area as demonstrated in Photo 7. Therefore, the Town of North Topsail Beach has elected to install a sand tube structure known as the MacTube® or a comparable structure. The MacTube® is a geotextile container made from a woven polypropylene (PP) geotextile which is available from Maccaferri, Inc. Comparable tube structures include the ProTecTubeTM supplied by Advanced Coastal Technologies, LLC. A plan view of the sand tube revetment is provided on Sheet 2 of 3 and a typical cross- section view of the MacTuboo is shown on Sheet 3 of 3 in the Attachments. The proposed sand tube would begin at the existing "super -sized" sandbag revetment at Building #1 of the Topsail Reef Condominium and extend 1,450 feet parallel to the existing shoreline. A 50-foot return wall would extend landward from the north end of the sand tube structure just north of the home located at 2378 New River Inlet Road. 12 Photo No. 4. House north of Topsail Reef Building # I . View looking north toward New River Photo Nr RECERTD 14 EP 1 rrDCM--MtMrTrv F® Photo 7. Example of failed sandbag revetment on north end of North Topsail Beach. 15 2. EXHIBIT I D NC 3. VICINITY MAP, PLAN VIEW, & TYPICAL CROSS-SECTION (Sheets 1 of 3 to 3 of 3) DCwkp//v _ N A UG 2 2 701y " NC RECMvED 17 SEP 17 2014 HCA?:itfEfH�(TY •� I / �HSoea(is Fo I..(, aylfM' a �� IT.� ti � gd`bi q v ✓ " J � Pro act Area Qa { a, rs `,\y f �'�Nt.ath,rTgps°ad'©cacho Ridgpa Holly - s 1j y nF v ✓Q.I•I I M1 rJl �ti Y U :.10 IJOAA II N Y liti \ u'1 UCU p ' 1 d9 >aliG Fye In agniYU I Il Jl�n1111 - y{f rq Y$UII t:11V 11 J 1954' P ]/ 1J 1G!] .\•ul , 5.11 _ „ so Pp ar". i fi ✓C f M' '%V� 1� � 15Ur�ii t.•. P 3 t Tvnical Cross -Section - MacTube© Sand Tube Revetment (Note: Optional Tube will not be used) .,.,--���� -- =, w ,� DCM WILMINGTON, NC AUG 2 2 2014 20 Sheet 3 of 3 YCM M1.1 APPLICATION for Malor Development Permit (last nursed 1214T/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/Landowner Information Business Name Project Name (If applicable) Town of North Topsail Beach Phase 1 Emergency Sandbag Revetment Applicant 1: First Name MI Last Name Stuart Turille Applicant 2: First Name MI Last Name N/A N/A N/A If additional applicants, please Mach an additional page(s) with names listed, Mailing Address PO Box City State 2008 Loggerhead Court N/A North Topsail Beach I NO ZIP Country Phone No. FAX No. 28460 Onslow 910 - 328 -1349 exL NA N/A Street Address (if dlAerent from above) City State ZIP N/A N/A N/A N/A - Email townmanagsr@north4opsall-beach.org 2. Agent/ContractorInformation Business Name Coastal Planning & Engineering of NO, PC Agent/ Contractor 1: First Name MI Last Name James T. Jarrett Agent/ Contractor 2: First Name MI Last Name N/A N/A NIA Mailing Address PO Box City State 4036 Masonboro Loop Rd N/A Wilmington I NO ZIP Phone No. 1 Phone No. 2 28409 7 910-791-9494 exl. N/A 910-264-2166 ext. N/A FAX No. North Carolina Professional Engineering License 910-791.4129 006646 Street Address (if different from above) Cl ry 3lete ZIP N/A N/A N/A N/A - Email Jar t e�C3. bile rr1_,, GTON, NC AUG 2 2 2014 RMCE M SEP 17 7n+a ACM=Mgtit�tq'v M 3. ?r�ect Location. County (can be multiple) Street Address State Onslow New River Inlet Rd # N/A Subdivision Name Clty State Zip N/A Town of North Topsail Beach NC 28460 Phone No. Lot No.(s) (If many, attach additional page with 910-328-1349 ext. N/A list) N/A, a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed White Oak River Basin project New River Inlet and Atlantic Ocean c. Is the water body Identified In (b) above, natural or manmade? d. Name the closest major water body to the ®Natural ❑Manmade ❑Unknown proposed project site. New River Inlet and Atlantic Ocean e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city ®Yes []No limit the proposed work falls within. Town of North Topsail Beach 4 Sfte De�'arlp#ton a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approximately 1,650 feet. 255,000 sq ft (5.85 ac) c. Size of Individual lot(s) d. Approximate elevation of tract above NHW N/A, I I (normal high water) or NWL (normal water (If many lot sizes, please attach additional page with a list) Ieveo approximately+6 to+8ft NAVD88 e. Vegetation on tract No native dune grasses are present seaward of the erosion scarp line due to continuing erosion Issues and past efforts associated with Phase 1 of the beach management project. Sand fencing and dune vegetation were Installed on the artificial dune included In the beach fill design but the continuing erosion has destroyed almost all of the fencing and grass. (Photo Nos. 3 to 6 In the attached Project Narrative). f. Man-made features and uses now on tract There are currently 20 residential structures located along the ocean shoreline north of the Topsail Reef Condominiums. New River Inlet Road Is located Immediately landward of the homes. The residential structures serve as both permanent residences and rental properties. g. Identify and describe the existing land uses adlacen to the proposed project site, The property Immediately south of the proposed sand tube Installation is occupied by the Topsall Reef Condominiums. To the north, the area Is undeveloped and bounded by New River Inlet. The Topsail Reef Condominiums are protected by a sandbag revetment Installed In 2012. h. How does local government zone the tract? 1. Is the proposed project consistent with the R-1 Residential applicable zoning? (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No ) �ts a pro at na haeologlcal assessment been done for the tract? If yes, attach a copy. NA GTON, NC �r Ilpffhe� royo§ iroject located in a National Registered Historic District or does It Involve a ❑Yes ®No ❑ `"'NN�dtidhal-�RZIbI r listed or eligible property? NA m. (1) Are there wetlands on the site? Oyes No (11) Are there coastal wetlands on the site? ❑Yes ®No (Ili) If yes to either (I) or 40 above, has a delineation been conducted? []Yes []No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. N/A o. Describe existing drinking water supply source. N/A p. Describe existing stone water management or treatment systems. N/A 5, Activities and impacts a. Will the project he for commercial, public, or private use? ❑Commercial ❑PubllcfGovemment ®Pdvate/Communfiy b. Give a brief description of purpose, use, and dally operations of the project when complete. The sand tube revelment will provide temporary erosion protection for 20 residential structures north of the Topsail Reef Condominiums. The sand tube structure will also protect a portion of New River Inlet Road from damage due to confined erosion and should reduce Flooding due to waves ovenvash and unusual high tides (Photo No. 6 In the Attached Project Narrative). A vicinity map, general layout of the proposed sand tube structure, and a typical cross- section of the revetment is provided on Sheets 1 of 3 to 3 of 3 In the Attachments. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where It Is to be stored. The sand tubes will be filled with sand obtained from the sand spit area located immediately north of the area (Exhibit 1 In the Attachments). Bulldozers and frontend loaders will be used to shape the area prior to placement of the sandbags. The frontend loaders and dump trucks will be used throughout the operation to deliver sand from the borrow site and maneuver the sand tubes Into position. A pump will be used to provide seawater to turn the sand Into slurry which will then be pumped Into the sand tubes. The bulldozer will be on standby during send tube placement and will be used to final dress the area once the last tube Is In place. d. List all development activities you propose. The single purpose of the project is to Install the temporary sand tube revetment In the area fronting the 20 residential structures north of the Topsail Reef Condominiums. . e. Are the proposed activities maintenance of an existing project, new work, or both? New Wpfk.. The proposed project would provide new protection to the 20 residential structures north of the M WILM Topsail Reef Condominiums. While some of the home owners had previously Installed sandbag revetments permitted under existing CRC rules, none of those previous sandbag AUG 2 structures still exist. f. What is the approximate total disturbed land area resulting from the proposed project? Approximately_2.1 Sand tubes would cover approximately 1,45011near feel of ocean shoreline with a 60-foot Sq.Ft or ®®Acres vMgwall or tieback on the north end (Sheet 2 of 3 in the Attachments). Installation will disturb an area about 60 feet wide resulting in a total disturbed area of approximately 2.1 acres. g. Will the proposed project encroach on any public easement, public access way or other area ®Yea ❑No ❑NA that the public has established use of? The sand tubes will be Installed seaward of the front piles of the 20 resldenfial structures and could encroach seaward of the existing mean high water line In the area. The proximity of some of the structures to mean high water currently Imposes some restrictions on public access along the area such that the sand tube structure would not have a significant Incremental Impact on public access at the time of high tide. IVED NGTON, NC 2 2014 h. Describe location and type of existing and proposed discharges to waters of the slate. N/A or stormwater be If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA J. Is there any mitigation proposed? If yes, attach a miligatlon proposal. ❑Yes ®No L7NA While there Is no formal mitigation proposed for the send tube installation, the Town of North Topsail Beach will continue to monitor the area with beach profile surveys associated with Its ongoing Inletlbeach management plan. The Town expects to perform maintenance of the new channel through New River Inlet In the next 2.5 years. At that time, some of the dredged material could be used to provide beach nourishment In the sand tube project area. Maintenance of the Inlet channel will be predicated on satisfying conditions contained In DOA permit SAW 2005-00344 and CAMA permit 79.10. RECEIVED DCM WILMINGTON, NC AUG 2 2 2014 6. Additional Information In addition to this completed application form, (MP-1) the following items below, If applicable, must be submitted In order for the appllcation'package to be complete. llama (a) — (0 are always applicable to any major development application. Please consult the application Instruction booklet on how to properly prepare the regalred Items below. a. A project narrallve. (See attached) b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly Indicate on maps, plats, drawings to distinguish between work completed and proposed. No work has been done at the site for this project. See Sheets 2 of 3 and 3 of 3 In the Attachments for the plan view of the proposal and a typical cross-sectlon, respectively. C. A site or location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. (See Sheet 1 of 3 in the Attachments) d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. WA e. The appropriate application fee. Check or money order made payable to DENR. f. 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 mall. 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. Name See Attached Phone No. Address Name Phone No. Address Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, penniltee, and Issuing dates. Permittee: Town of North Topsail Beach (management plan) DOA Permit SAW-2005-00344 Permiltee: Town of North Topsail Beach (management plan) CAMA Permit 79-10 Permittee: town of North Topsail Beach (truck haul from splt) CAMA Permit 191-05 (As modified) h. Signed consultant or agent authorization form, 9 applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.O.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land understand that any permit issued in response to this application wth allow only the development described In the application. The project will be subject to the conditions and restrictions contained in the permit. FR EC E I V that I am authorized to grant, and do In fact grant permission to representatives of state and federal review es to enter on the aforementioned lands in connection with evaluating information related to this permit DCM WILMINGT@#QceqCanafollow-up monitoring of the project. I furtJter certify that the information provided in this application is truthful to the best of my knowledge. A U G 2 2 2014te i ft PrImName Stuart Turille t Signature ✓ Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information rDO RECEIVE)) P 17 2014 NT-MOCITY Form D CM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please Include all supplemental Information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel Canal Boat Boat Rock Rock Other (excluding shoreline (NLW or Basin Ramp Groin Breakwater stabilization) NWL) Length Width Avg. Existing' Depth Final Project NA NA Depth a. Amount of material to be excavated from below NHW or b. Type of material to be excavated. NWL In cubic yards. Beach sand and shell. Material needed to fill the sand tubes will be obtained from the sand spit located on the north end of North Topsail Beach. The entire area Is above NHW. The Town has formally requested a modification to CAMA Permit 191-05 to allow removal of material from the area show on Exhibit 1 in the Attachments. Total volume of material needed to fill the sand tubes will be about 9,000 to 10,000 cubic yards. c. p) Does the area to be excavated Include coastal d. High -ground excavation in cubic yards. wellands/marsh (CW) submerged aquatic vegetation 9,000 to 10,000 cubic yards. (SAVj, shell bottom (SB), or other wetlands (WL)7 If any boxes are checked, provide the number of square feet affected. [1CW EISAV EISB ❑WL ®None (II) Describe the purpose of the excavation In these areas: To provide sand to fill 1,450 linear feet of sand tubes and a 50-fool wingwall at the north end. RECEIVE,® DCM WILMINGTON, NC AUG 2 2 2014 3 Z DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. All excavated material will be placed In sand tubes and installed In front of 20 residential structures located north of the Topsail Reef Condominium Buildings #1. c. (I) Do you claim title to disposal area? []Yes ❑No ®NA (II) If no, attach a letter granting permission from the owner. e. @ Does the disposal area Include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (II) Describe the purpose of disposal In these areas: WA ❑bulkhead ❑Rlprap ❑Breakwater/SIII ❑ Other: Geolexliie Sand Tube revelment c. Average distance waterward of NHW or NWL: 0 to 20 ft e. Type of stabilization material: 45-foot circumference geotextile sand tubes. Tubes will have a height of 6.5 to 7.0 feel and a bottom width of approximately 38 feet which Includes a scour apron on both sides. g. Number of square feel of fill to be placed below water level. Between 18,000 and 20.000 sq ft. Bulkhead backfill_ Riprap_ Breakwater/Sill _ Other geotextile sand fi I d tubes I. Source of fill material. Sand tubes will be filled with sand obtained from the surface of the sand spit located adjacent to New River Inlet (see Exhibit 1 In the Attachments). ®This section not applicable b. Dimensions of disposal area. The approximate area to be covered by sandbags will be approximately 90,000 sq. ft.(2.1 acres). d. @ Will a disposal area he available for future maintenance? ❑Yes []NO ®NA (I) If yes, where? f. (1) Does the disposal Include any area in the water? ®Yes []No ❑NA (11) If yes, how much water area Is affected? Based on conditions at the time of Installation, between 0.5 and 0.8 acres could be below the NHW line Width: Total approximately 38 feet Including 18 to 20 feet for the tube and about 18 feet for the scour apron. d. Maximum distance waterward of NHW or NWL: 20 ft. f. (I) Has there been shoreline erosion during preceding 12 months? ®Yes ❑No ❑NA (II) If yes, state amount of erosion and source of erosion amount information. The shoreline north of Building #1 of the Topsail Reef Condominiums receded between 50 and 150 feel from February 2013 (post -construction) and April 2014. The shoreline has continued to recede since April 2014 resulting In the loss of 250 feet of beach width In some areas. h. Type of fill materiel. Geotextile tub�Bl�d�� (�MyNG 43 q �6 2 Z �v� N, NC rSAK'„iI'.WW navmm EP 17 2014 4M 4. a. DTHER FILL ACTIVITIES (Excluding Shoreline. Stabf/izaGon) (1) WIII fill material be brought to the site? ❑Yes [ No ®NA If yes, (li) Amount of material to be placed in the water (110 Dimensions of fill area pv) Purpose of fill a. Now will excavated or fill material be kept on slte erosion controlled? NIA (all material to be placed In sand tubes) c. (I) WIII navigational aids be required as a result of the roject? Yes ®No ❑NA (II) If yes, explain what type and how they will be . Implemented. . pTNS section not applicab b. (1) Will fill material be placed in coastal wetlands/marsh (M) submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑M ❑SAV ❑ SB _ OWL ®None (i) Describe the purpose of the till in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Bulldozer, trucks, and frontend loader. d. (1) WIII wetlands be crossed in transporting �e ulpment to project site? ❑Yes ®No NA (11) If yes, explain steps that will be taken to avoid or minimize environmental Impacts. DCM WILMING-F%1, NC AUG 222014 0 DcM AUG 2 1. Project Narrative. The Town of North Topsail Beach completed Phase 1 of its multifaceted inlet and shoreline management plan in February 2013 with the repositioning of the New River Inlet ocean bar channel to a more central location between the south end of Onslow Beach and the north end of North Topsail Beach. The material removed during repositioning of the channel was used to construct a beach fill along 7,730 feet of shoreline south of New River Inlet. The condition of the north end of North Topsail Beach prior to construction of the Phase 1 beach fill project is shown in Photo I with the condition immediately after construction provided in Photo 2. Topsail Reef Condominiums, the upper left of the PxCal%U SEP 0 2 2014 DCtfM;;�)C`TY The ocean bar channel of New River Inlet was moved for the purpose of inducing sand accumulation on the south side of the inlet's ebb tide delta. Based on the documented historic behavior of the inlet, moving the channel to a more central position with an alignment approximately perpendicular to the adjacent shorelines would result in accretion of the shoreline south of the inlet. The time required for the new channel to have a positive impact on the shoreline was estimated to be at least 5 years. Monitoring of the inlet has demonstrated some of the expected results are taking place with sand accumulating on the south side of the inlet, however, the rate of build-up, as predicted, has been relatively slow. As a result, the north end of North Topsail Beach has continued to experience high rates of erosion. As of August 2014, most of the fill placed north of the Topsail Reef Condominiums has been lost (Photos 3 to 5). The loss of the beach fill has placed approximately 20 residential structures located north of Topsail Reef in imminent danger of being severely damaged or possibly destroyed. In addition to the threat to the homes, flooding of the area has been exasperated (Photo 6) CCtij �CF ith flood waters spilling on to New River Inlet Road and side streets. wi4MiN �VF 406 ��erall management plan for New River Inlet and the shoreline of North Topsail i 2 ?�ea lows for the periodic maintenance of the ocean bar channel in order to keep the 6nnel in its preferred position and alignment. Material removed tommin auft 11 f SEP 0 2 2014 channel is to be used to provide periodic nourishment of the North Topsail Beach shoreline including the shoreline nourished during Phase 1. The conditions of the permits issued for the project only allows maintenance of the channel to be accomplished every four years providing one of two channel maintenance thresholds are met. One channel threshold is associated with shoaling of the channel while the second is based on the position and alignment of the channel. With the initial project being completed in February 2013, the Town of North Topsail Beach is not permitted to maintain the channel until at least the 2016/2017 environmental dredge window. Given the present condition of the shoreline, the Town of North Topsail Beach needs to take immediate emergency measures in order to prevent the loss of the 20 threatened residential structures between now and the time it is permitted to maintain the channel. The temporary sand bag revetment allowed under CAMA (15A NCAC 7H.1700), which is limited to a height of 6 feet above the existing ground and a maximum bottom width of 20 feet, is not adequate to provide the degree of protection deemed necessary to protect the 20 residential structures for a minimum of 2.5 years. This is evident by the history of failure of previously permitted sandbag revetment in the area as demonstrated in Photo 7. Therefore, the Town of North Topsail Beach has elected to install a sand tube structure known as the MacTube® or a comparable structure. The MacTube® is a geotextile container made from a woven polypropylene (PP) geotextile which is available from Maccaferri, Inc. Comparable tube structures include the ProTecTubeTM supplied by Advanced Coastal Technologies, LLC. A plan view of the sand tube revetment is provided on Sheet 2 of 3 and a typical cross- section view of the MacTube® is shown on Sheet 3 of 3 in the Attachments. The proposed sand tube would begin at the existing "super -sized" sandbag revetment at Building #1 of the Topsail Reef Condominium and extend 1,450 feet parallel to the existing shoreline. A 50-foot return wall would extend landward from the north end of the sand tube structure just north of the home located at 2378 New River Inlet Road. oC40622 R W�MNGT NO U6 2 2 7014 NC RECEIVED rSEP0 22014 12 CIV-X"Derfy Photo identifies house shown in Photo No. 4. q OCq M/VG CFO 06 2 2 ?014 N NC low 13 rRECEIVED SEP 0 2 2014 Photo No. 4. House north of Topsail Reef Building #I. View looking north toward New River Inlet. — AuRust 7, 2014. Photo n"NC,TF� 400' 2 2 Nc 14 rMCEIVFD SEP 0 2 2014 DCs:dv:::DCITY 15 r EP p 2 2014 CITY Sand source for sand tubes 2. EXHIBIT 1 16 rSREC i EP 0 2 2014 DCM•MHD CITY 1. 406 2 0 1 NO 3. VICINITY MAP, PLAN VIEW, & TYPICAL CROSS-SECTION (Sheets 1 of 3 to 3 of 3) R ocAUw�M/Ncr No � 2 2 Z14 , NC RBCMW SEP p 2 2014 17 DCM•MgD CITY ' j )t', dap. e ^ o���`• 41 Y 1 ' 'j i. } $neada veny>A,in r `�+yR ra'd6+ Pro ea Area NTdO ail'Deach. Holly Ridge Yi t • \a i`` �i a ,+r�• na1e310 Nom UY N.Ivy NUP Geau. 'is. St � �`, 5��,. �L't IMaBe bt01}GroEyv � � eJOR Go001e 1 .,"Uelq l]1,140111 .1Y ... Ult'COV 34'1I495fiN ]TfJulov 911 L lull VIVW 01 SRBU tune revetment R DAM W ME/VEO AUG 2 2 ?B14 N NC 19 r'V MCEIVED P p 2 2014 CM•M;iDCffY Sheet 2 of 3 MacTube® �,s� Sand Ftll Sand Dune � MacTube® Anchor Tube 6.5 to 7.0 ft. � Scour A ron -- Ilonal —38 Dune Core Cross Section Typical Cross -Section -Mac t'ubeQ9 b2no t ube tceveiutent thole: vpuuuai �ucuv. Tube will not be used) GCfvl Wit N N TON, NC ItECEIVBD AUG 2 2 2014 S EP p 2 2M MDCMIUM CITY Sheet 3 of 3 20 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 910-791-9494 PHONE 910-791-4129 FAx August 27, 2014 Mr. Jason Dail Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 RE: CAMA Major Application for Geotextile Sand Tubes — Request for Additional Information (August 27, 2014) Dear Mr. Dail, This letter is in response to your a -mail request for additional information dated August 27, 2014 regarding the Town of North Topsail Beach's application for a CAMA Major Permit for a geotextile sand tube installation. Please find included in this letter additional information to support a permit decision. Comment: ...can you tell me the approximately land area within the spit that you plan to disturb as part of this project? I see you anticipate approximately 10,000 yds3 of excavated material, but I need a sq. ft. or acreage calculation. Exhibit 1, which references the spit make no mention of this. Response: Please find below an updated figure that should replace the figure on page 19 of the application submitted August 21, 2014. This figure has been updated to show an aerial view of the spit area from July 29, 2014. The original acreage for the area shown in the application submitted on August 21, 2014 was stated as being 5.5 acres Form MP-1 (5)(fl. The acreage of the area shown in green cross -hatching in the figure included herein is approximately 5.0 acres. This acreage (5.0 acres) should replace the 5.5 acres stated in the pemut application previously submitted. In order to fill the sand tubes with approximately 10,000 cy of sand, this area would be excavated down approximately 18 inches on average. As stated on the figure, we propose to restrict the area to portions of the spit landward of the mean high water line and seaward of the line of stable vegetation. We are also prohibiting the removal of sand from the dune. In addition, this latest revision to the figure below shows that we are proposing to prohibit the removal of sand from the parcels located at 2390 and 2392 New River Inlet Road as identified in the Onslow County GIS. Comment: Also, the MP-2 form (1)(a), you note that a minor permit modification was requested for use of the spit's sand for a shoreline berm; however, this is not the case. You may want to clarify that in your response. Response: We were not aware that the Town had decided not to pursue the modification to the permit as stated in (1)(a) of the MP-2 form. The amount of material to be excavated from below NHW or NWL is 0 cubic yards. All material proposed for use will be above the NHW or NWL E I V E E) DCM WILMINGTON, NC RECEIVED AUG272014 r1owy-wfficrry EP o 2 7n,n 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Sand source for sand tubes Please contact me at 910.791.9494 (office) or 910.443.4471 (cell) should you have any questions or need additional information. Very truly yours, COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. Kenneth Willson Project Manager FiECEIVED DCM WILMINGTON, NC AUG 272014 MCEIMp SEP a 9 >�crry 4038 MASONBORO LOOP ROAD, WILMINGTON, NC 28409 • PHONE: 910.791.9494 • FAX 910.791.4129 COASTAL PLANNING & ENGINEERING OF NORTH CAROLINA, INC. August 18, 2014 Ms. Debra Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Re: Town of North Topsail Beach, Application for CAMA. Major Development Permit including Excavation and Fill (Forms DCM-MP-1 and DCM-MP-2) Dear Ms. Wilson: On behalf of the Town of North Topsail Beach, I am submitting an application for a Major Permit under the Coastal Area Management Act (see attachments). The Town of North Topsail Beach completed Phase 1 of its beach and inlet management plan in February 2013, Phase I included relocating the main bar channel of New River Inlet to a preferred position and alignment and deposition of the dredged material along approximately 7,730 feet of the town's shoreline south of New River Inlet. The intent of the bar channel relocation was to induce a build-up of material on the south side of New River Inlet which would eventually result in accretion along the northern portion of the town's shoreline. The response of New River hilet to the new channel will take some time. Since completion of Phase 1, the area north of the Topsail Reef Condominium has experienced inordinate erosion with most of the fill material placed in this area being eroded. The loss of the fill material has placed the homes north of Topsail Reef in imminent danger requiring interim erosion response measures to protect threatened homes until such time the inlet channel can be maintained and the relocated channel begins to have a positive impact on the condition of the shoreline along the extreme north end of Town. Beach nourishment in the area within the next 2.5 years is not a viable option due to ongoing beach nourishment efforts by the Town for the southern 3.85 miles of the town's shoreline. Also, the permit issued to the town for its inlet/shoreline management plan only allows maintenance dredging of the new channel every four years which means the earliest the town could undertake to maintain the channel would be the 2016/2017 dredge season. Without the ability to dredge the inlet channel, there is no other economical source of beach nourishment material that could provide the volume of material that has characteristics needed to protect the area for at least the next 2.5 years. Given the severity of the erosion, the use of conventional sandbag revetments as presently allowed by the CAMA (15A NCAC 7H.1700) would not be able to protect the threatened homes for the required 2.5 to 4 year period. As evidence of this, prior to the placement of the Phase 1 beach fill, most of the affected property owners had a pRECED RECEIVED RENM DCM WILMINGTON, NC 1 S AUG 222014 Fp 4 to protect their property using the conventional sandbag design but all of the installations failed primarily due to undermining of the seaward edge of the bags (Figure I). As an alternative to the conventional sandbag revetment, the Town of North Topsail Beach proposes to install a sand tube structure consisting of a single line of sand filled geotextile tubes. The tube would measure 45 feet in circumference when completely filled and would have a height of approximately 6.5 to 7.0 feet. The total bottom width of the tube installation would be about 38 feet which includes a scour protection flap and anchor tube on both sides. The bottom width of the sand tube itself would be between 18 and 20 feet. Details of the proposed sand tube structure are provided in the attached permit application forms. Documents attached to this letter include: • Completed application forms DCM-MP-I and DCM-MP-2; rim, P 0 2 2014 • Project and contact information; • Application fee of $475; CM•MHDCnY • List of names and addresses of adjacent property owners; and • Vicinity map and work plats. A copy of the application and letter of notification has been submitted to the adjacent property owners (shown on the attached list) by certified mail. The letter of notification RECEIVED DCM WILMINGTON, NC AUG 2 2 2014 and postal receipts are attached as proof of notification. Signed return receipts will be submitted as they become available. Please contact me at at 910.328.1349 Ext. 26 (office) or 910.367.3961 (cell), or Mr. Tom Jarrett and or Mr. Ken Willson with Coastal Planning & Engineering of North Carolina at 910.791.9494 (office) or 910.264.2166 (cell - Tom)/910.443.4471 (cell — Ken) should you have any questions or need additional information. Sincerely, Stuart Turille, Town Manager North Topsail Beach Cc: Dan Tuman, Mayor of North Topsail Beach Tom Jarrett, CPE-NC Ken Willson, CPE-NC Mickey Sugg, USACE Doug Huggett, NCDCM (400 Commerce Avenue Morehead City, North Carolina 28557) pC RECEIVE M WILMINGTpjV, C AUG 222014 rn RECMM P 0 2 2014 CM•M1 any Cail, Jason From: Priest, Adam T. <adam.pdest@cbi.com> Sent: Monday, August 25, 2014 10:40 AM To: StuartTurille; Dail, Jason; Willson, Kenneth; Wilson, Debra Cc: cadnf@north-topsail-beach.org; Jarrett, James; 'Brian Edes' Subject: RE: CAMA Response to RAI August 18 2014 - North Topsail Beach CAMA Application for geotextile sand tubes Good morning All, Please see my response to Jason's comments below: 2) As Adam Priest and I discussed yesterday, we are going to use the pre -deposition survey for determining the location of the normal high water line in the immediate vicinity of the proposed work, primarily to demonstrate that the proposed tubes are for protection of threatened structures and not for "dune creation" and a dune core. Will the tubes be placed in similar location as the abolished dune? The proposed sand tube revetment will be installed seaward of the residential structures for protection of those threatened structures and once installed the sand tubes will be located landward of where the dune was constructed for the Phase 1 project. 3) Please provide a detail description on the size of the tubes themselves. The website shows that these particular geotubes (7.5' tall bags) could be as short as 45' length and as long as 200' in length. Please clarify which tubes will be used for this project. The primary tubes that are being proposed to be used for this project have a nominal circumference of 45 ft, a maximum height of 7.5 ft, and a filled width at maximum height of 18 ft per the manufacturer's specifications. Based on conversations with the Maccaferri representatives, the constructed dimensions of the primary tubes have an average filled height of 7 ft. and an average filled width of 20 ft. This size tube comes in standard 50 ft lengths ranging from 50 ft to 250 ft. Due to the proposed configuration of the sand tube revetment the length of the individual sand tubes are anticipated to range from 50 ft to 150 ft. Should you have any additional questions or need any further clarification please feel free to give me a call. Thank you, CU_ 11 Adam Priest Engineer 1 Coastal, Ports and Marine Environmental & Infrastructure Tel: + 1910 7919494 Cell: + 1 850 276 1265 Fax: + 1910 7914129 ad am. o ri est0), C l31.c om GCM WILMI,NGTON, NC AUG252014 Ken Willson Client Program Manager 1 Coastal, Ports & Marine. Environmental & Infrastructure Tel: + 1 910 791 9494 Cell: + 1910 443 4471 Fax: + 1 910 7914129 Ken neth.willsongOCKwin CB&I 4038 Masonboro Loop Road Wilmington, NC 29409 USA www.CBI.com RECEIVED DCM WILMINGTON, NC AUG 252014 This e-mail and any attached files may contain CB&I (or its affiliates) confidential and privileged information. This information is protected by law and/or agreements between CB&I (or its affiliates) and either you, your employer or any contract provider with which you or your employer are associated. If you are not an intended recipient, please contact the sender by reply e-mail and delete all copies of this e-mail; further, you are notified that disclosing, copying, distributing or taking any action in reliance on the contents of this information is strictly prohibited. IiE'W SEP p 2 2014 Mat®crry CB&I ' 4038 Masonboro Loop Road Wilmington, NC 28409 USA www.CBI.com From: Stuart Turille [maiRo:townmanager@north-topsail-beach.org] Sent: Friday, August 22, 2014 4:24 PM To: 'Dail, Jason'; Willson, Kenneth; 'Wilson, Debra' Cc: carinf@north-topsail-beach.org; Priest, Adam T.; Jarrett, James; 'Brian Edes' Subject: RE: COMA Response to RAI August 18 2014 - North Topsail Beach CAMA Application for geotextile sand tubes All: See my comments below, in red. Stuart RECEIVED DCM WILMINGTON, NC AUG 2 5 2014 From: Dail, Jason[mailto:iason.dail(cbncdenr.gov] SEP 0 2 2014 Sent: Friday, August 22, 2014 2:22 PM w To: Willson, Kenneth; Wilson, Debra Cc: Manager; carinfCla north-topsail-beach.org; Priest, Adam T.; Jarrett, James DCU-NEiDCITY Subject: RE: Response to RAI August 18 2014 - North Topsail Beach CAMA Application for geotextile sand tubes Good afternoon. I have reviewed the application package that Tom Jarrett sent over on August 21, 2014, and there are still a few items that need addressing before moving forward. They are as follows: 1) 1 still need a signed application (MP-1 and MP-2 forms). See attached, page 5 and 8 for my signature. 2) As Adam Priest and I discussed yesterday, we are going to use the pre -deposition survey for determining the location of the normal high water line in the immediate vicinity of the proposed work, primarily to demonstrate that the proposed tubes are for protection of threatened structures and not for "dune creation" and a dune core. Will the tubes be placed in similar location as the abolished dune? s :: F4�EIVED , �l f(,�TTON, NC 3) Please provide a detail description on the size of the tubes themselves. The website shows that these particular geotubes (7.5' tall bags) could be as short as 45' length and as In T g02014length. Please clarify which tubes will be used for this project. Adam? UU�� 4) Based on previous communication with the Major permits section in Morehead City, it has been determined that the proper adjacent riparian property owner notifications should be limited to those immediate property owners that abut the proposed project to the far north (George Vann) and to the southern end (Topsail Reef). See notification list letter in application —these parties are listed there. This decision was made assuming that sufficient language exists in the North Topsail Beach easement agreement, that allowed the Town to actively maintain and protect the shoreline in the subject area. However, if the easement agreement does not cover this type of development, then all adjacent/adjoining property owners should be notified via certified mail. Town Attorney and I discussed and agree that easement documents cover this. Brian —please confirm. 5) Please provide a copy of the easement agreement signed by both the Town of North Topsail and all adjacent property owners, north of Topsail Reef. Town Attorney Brian Edes has them. Brian, ready to forward? Thank you for your time and attention. Again, I know this is a time sensitive issue, but due process requires specific information and without the aforementioned requirements, I cannot begin to process your request. Once this information is received, I will do what I can to help expedite the review. As always, feel free to call if you have any questions. i 4 i t DCM WILMINGTON, NC Thanks and have a great weekend! AUG 252014 Jason Dail From: Willson, Kenneth rmailto:Kenneth.Willson(cbcbi.coml Sent: Thursday, August 21, 2014 1:57 PM To: Dail, Jason; Wilson, Debra Cc: 'Stuart Turille'; carinfC&north-topsail-beach.org; Priest, Adam T.; Jarrett, James Subject: RE: Response to RAI August 18 2014 - North Topsail Beach CAMA Application for geotextile sand tubes Will do. Sorry about that Jason and Debbie. Ken From: Dail, Jason rmailto:iason.dailCdncdenr.govl Sent: Thursday, August 21, 2014 1:40 PM To: Willson, Kenneth; Wilson, Debra Cc: 'Stuart Turille; carinfCanorth-topsail-beach.ora; Priest, Adam T.; Jarrett, James Subject: RE: Response to RAI August 18 2014 - North Topsail Beach CAMA Application for geotextile sand tubes Good afternoon all. To simplify things, please address any information related to this project directly to me. If necessary, I will get Debra Wilson involved, but for now I will be the point of contact for permitting purposes. Thank you, Jason Dail SEP 0 2 2014 From: Willson, Kenneth[mailto:Kenneth.Willson(&cbi.coml Sent: Thursday, August 21, 2014 12:58 PM U M•MHDG79Y To: Wilson, Debra; Dail, Jason Cc: 'Stuart Turille'; cadnf north-topsail-beach.org; Priest, Adam T.; Jarrett, James Subject: Response to RAI August 18 2014 - North Topsail Beach CAMA Application for geotextile sand tubes Debbie/Jason, Please find attached a letter responding to those comments the Town requested CPE-NC respond to from Jason's e-mail dated August 18, 2014. Also attached, please find a revised permit application reflecting our responses to those comments. Stuart, You may have to re-sign the attached application and re -submit. Please check with Debbie or Jason. Kind Regards, DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of North Topsail Beach — "Phase I Emergency Sandbag Revetment" 2. LOCATION OF PROJECT SITE: The project site is located along the oceanfront beach between 2276 and 2382 New River Inlet Drive, adjacent to the Atlantic Ocean, in North Topsail Beach, Onslow County. Photo Index — 2006: 28-(6497): Oceanfront & Inlet 2000: 28-(391): Oceanfront & Inlet 1995: 28-(379): Oceanfront & Inlet State Plane Coordinates — GPS File: Pl 11811B X: 2449610 Y: 256997 Lat.: 34°31'29.15"N Long: 77'20'47.98"W 3. INVESTIGATION TYPE: CAMA / D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — Multiple visits between Jan. 2013 and August 2014 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — Complete 8/27/14 (with exceptions) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of North Topsail Beach Classification From LUP — No Classification / Developed (B) AEC(s) Involved: OH, III (C) Water Dependent: Yes (D) Intended Use: Private/Government (E) Wastewater Treatment: Existing —Municipal Sewer Planned - N/A (F) Type of Structures: Existing — Camnercial and Residential structures and access -ways Planned — Geo-tube revetment (G) Estimated Annual Rate of Erosion: 2'/year Source — LTAASCR 2011 Update 7. HABITAT DESCRIPTION: l• t • • .I t (A) Vegetated Wetlands (coastal) (B) Non -Vegetated Wetlands - open water —29,000 sq. ft. (Geo- tubes (C) Other (Highground) —36,250 sq. ft. (Geo- —5.0 acres tubes) (217,800 sq. ft., sand removed from spit) (D) Total Area Disturbed: 7.05 acres (307,533 sq. ft.) (E) Primary Nursery Area: No (F) Water Classification: SA Open: NO 8. PROJECT SUMMARY: The applicant is proposing to install a Geo-tube (large sandbag) revetment from 2276 to 2382 New River Inlet Road (+/- 1,450 linear feet), to protect the residential structures located along the north end of Topsail Island. North Topsail Beach - "Phase I Emergency Sandbag Revetment" Project Page Two 9. PROJECT DESCRIPTION: The project site is located in North Topsail Beach, specifically between 2276 and 2382 New River Inlet Road, adjacent to the Atlantic Ocean, in Onslow County. To get to the site from Wilmington take US HWY 17 N to NC Hwy 210, which is located at the Lowe's Home Improvement on US HWY 17. Turn right onto NC Hwy 210 and continue across the Surf City Swing Bridge. Take a left at the first street N. New River Drive (NC Hwy 210). Continue on NC Hwy 210 until you reach the New River Inlet Road (approximately 8.15miles) . Turn right onto New River Inlet Road and continue to the far end. Turn left at the stop sign and the project area will be located on the right hand side of the road, just north of the Topsail Reef Condominium complex. The project area would span from the north side of the Topsail Reef Condos, north to the property identified by the Onslow County Tax office as 2382 New River Inlet Road. The current elevation of the project area ranges from approximately 6' NAVD to approximately 8' NAVD. The project site is adjacent to commercial (condos) and residential properties. The project site is bordered by New River Inlet to the north, the Atlantic Ocean to the East and commercial and residential properties to the south and west. The highground portion of the property is primarily un-vegetated with the exception of lawn grasses and ornamental landscaping around the existing homes. The Annual erosion rates for the Town ranges from T/year to 2.5'/year per the Division of Coastal Management's 2011 Annual Erosion Rate maps. Currently, the Town's proposal is to install a Geo-Tube sandbag revetment to protect the 20 or so homes located north of the Topsail Reef Condominium complex. This particular area of North Topsail Beach has experienced "accelerated erosion" within the past 12-15 months and the shoreline is progressively receding. Of the 20 or so properties included in this permit request, roughly 15 are considered "imminently threated", or have an erosion escarpment within twenty (20) feet of the foundation of the structure(s). The Town of North Topsail Beach currently has an active CAMA Permit (No.79-10) that authorizes sand deposition along the entire ocean front area of North Topsail Beach. The material used for this project includes excavated material from the New River Inlet Channel Re -alignment project, as well as excavation from a near - shore borrow site. To date, the Town has completed Phase I of the shoreline stabilization/channel re -alignment project, which happens to include the area for which the applicant is requesting the sandbag revetment. Permit No. 79-10 was originally issued on July 21, 2010, and later amended on June 20, 2014. The permit is scheduled to expire on June 12, 2015. Plans are underway to begin completion of Phases II-V of the shoreline stabilization project once the moratoriums are lifted for turtle nesting (i.e. November 151h). The Town of North Topsail Beach Land Use Plan does not have a "dry sand beach" classification: However; the upland areas of this project are classified as Developed. The waters of the project site are classified as SA by the NC Division of Water Quality. The NC Division of Marine Fisheries has NOT designated this area of New River / Atlantic Ocean as a Primary Nursery Area, and the waters adjacent to the proposed project are CLOSED to the harvesting of shellfish. PROPOSED PROJECT: The applicant is proposing to install approximately 1,450 linear feet of Geo-tubes (oversized sandbags) from roughly 2276 New River Inlet Road to 2382 New River Inlet Road. As proposed, the Geo-tube revetment would adjoin, or abut, the existing temporary erosion control structure(s) located along the eastern side of Topsail Reef condominiums and would span north, terminating at 2382 New River Inlet Road (owned by the Town of North Topsail Beach). As designed, the Geo-tube revetment would consist of multiple bags, each measuring approximately 7.5' in height (above the existing elevation) X 45' in circumference. (See Sheet 3 of 3, page 20 for details on the design of the Geo-Tube/MacTube). North Topsail Beach — "Phase I Emergency Sandbag Revetment" Project Page Three As described, each Geo-Tube would measure approximately 50'-150' in length, which would be installed parallel to the shoreline, along the seaward side of the existing homes/dwellings. The main Geo-tube would be placed on top of a mat (scour apron) that would also contain an anchor tube (shallow) near the seaward toe of the project boundary and an optional anchor tube on the land side, giving a total linear dimension of 45' base width (anchor tube to anchor tube). The anchor tube would be used to prevent the main tube from shifting due j to scour and/or wave inundation. As stated by the applicant, the Geo-tubes would be for protection of the a aforementioned structures, and not for the creation of any new dune, or dune core. According to the application package, site drawings and project narrative, the applicant intends to fill the Geo- tubes with sand currently held in storage from an area north of the project site, labeled and referred to as the "spit". The spit is a broad, relatively flat, dry sand beach area that is located along the far northeast section of the island. The area is generally undisturbed, with the exception of foot traffic, and vegetation is beginning to propagate throughout. The elevation of the spit is roughly 2'-4' above the normal high water level, with a slight depression in the center. In total, the spit consist of approximately 5.0 acres of what the Town considers premium sand for shoreline protection immediately adjacent to the referenced properties. As designed, the applicant would remove approximately 12"-15" (top layer) from the spit, or approximately 10,000 cubic yards, which is what the applicant's engineer estimate is needed for the Geo-tubes. As planned, the construction methodology would proceed as follows: The Town, or its contractor, would use an excavator and/or front end loader to remove the required amount of material from the spit. Once loaded, the dry sand would be placed in a "hopper" where it would be mixed with seawater (pumped from the surf zone into the hopper) and then pumped into the tubes. As I understand the process, the hopper would move up and down the beach, in conjunction with the filling of the tubes. Based on historical documentation (i.e. DCM files), it appears the applicant's proposal would result in a sand bag revetment over/atop existing temporary erosion control structures. Our records indicate that several homes in the vicinity of the project site received sand bag permits and actually installed sandbags at these properties back in the 1990's. Some of the sand bags still remain intact and were visible prior to the deposition of sand associated with the shoreline stabilization/channel re -alignment project. 10. ANTICIPATED IMPACTS The applicant's proposal to remove sand from the "spit" would result in the disturbance of approximately 5.0 acres of dry sand beach, from which approximately 10,000 cubic yards of material would be removed. The excavated material would pumped into a 1,450 linear foot section of Geo-tube(s) measuring approximately 45' in width and 7'5' in height. Approximately 29,000 sq. ft. (20' x 1,450') of material would be placed at or below the normal high water level, while approximately 36,250 sq. ft, would be placed above the elevation of normal high water. The applicant has provided a copy of the oceanside easement agreement for this project (as it corresponds to the shoreline protection project) and it appears the scope of the work is consistent with the intent of the easement agreement. Impacts to the "spit" area, as a result of project completion, are uncertain and unknown at this time. Increases in turbidity should be expected during the project; however, they should dissipate once the project is complete. Submitted by: Jason Dail Date: August 28, 2014 Office: Wilmington