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85-96 Roanoke Bible Collage
Pemiit Class NEW STATE OF NORTH CAROLINA Department of Environment, Health & Natural Resources and Coastal Resources Commission �ern�it for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Roanoke Bible College, 714 First Street, Fhznheth City, N.C- 77909 Permit Number COASfgt9g6 A'IANOOFPSENT authorizing development in Pasnnntank County at sdJ Knnhhq Creek and the Pacrinntsnk R iver N Poindexter St. , as requested in the permittee's application dated 1 /29/96 including attached workman drawings, 1-3 of 4 dated 1 ] /9/96. This permit, issued on �� /f , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The bulkhead shall not extend waterward more thanan average of two feet from the normal water level at any point along its alignment at the time of construction. In no case shall the bulkhead be positioned more than five feet waterward of the normal water level. NOTE: To minimize potential impacts to trees along the shoreline, the permittee is advised that the Division would likely act favorably upon a request to modify this permit to allow for the placement of riprap material along the shoreline for stabilization purposes. If such a modification is desired, contact a representative of the Division at (919) 264-3901. for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the -project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. '44 r N. Sche&er, Director Division of Coastal Management This permit and its conditions are hereby accepted. y� r Signature of Permittee "Roanoke Bible College ADDITIONAL CONDITIONS Permit #85-96 Page 2 of 2 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The bulkhead must be installed prior to any backfilling activities. 4) All backfill material shall be obtained from a highground source and confined behind the permitted bulkhead. 5) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6) No vegetated wetlands will be excavated or filled. Concrete Pier Removal 7) The permittee shall coordinate the removal of the derelict concrete pier with the United States Coast Guard to ensure that navigation within Knobbs Creek is not interfered with. 8) All construction debris shall be removed to a high ground disposal area. General 9) No vegetated wetlands shall be excavated or filled. 10) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 11) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. NOTE: The N.C. Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025 (DEM Project No. 960212) which was issued on 5/17/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199601389. Permit Class NEW STATE Department of Em X Major Devi pursuant to X Excavation and/or Natural Resources Concern L1t5:..t. a. to NCGS 113-229 Issued to Roanoke Bible College, 714 Firet Street, Elizabeth Citil, N_C_ 779119 Permit Number authorizing development in Pasrrnntank County atndi Knohhs Creek and the Pasnuotank River N Poindexter St. , as requested in the permittee's application dated 1 /29/96 including attached workman drawings 1-3 of dated 11/9/96 This permit, issued on/Yw , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The bulkhead shall not extend waterward more than an average of two feet from the normal water level at any point along its alignment at the time of construction. In no case shall the bulkhead be positioned more than five feet waterward of the normal water level. NOTE: To minimize potential impacts to trees along the shoreline, the permittee is advised that the Division would likely act favorably upon a request to modify this permit to allow for the placement of riprap material along the shoreline for stabilization purposes. If such a modification is desired, contact a representative of the Division at (919) 264-3901. attached sheet for Additional This permit action may be appealed by the pemtittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31.1999 In issuing this permit, the State of North Carolina agrees that your project is -consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. r N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Roanoke Bible College ADDITIONAL CONDITIONS Permit #85-96 Page 2 of 2 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior.to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather. conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The bulkhead must be installed prior to any backfilling activities. 4) All backfill material shall be obtained from a highground source and confined behind the permitted bulkhead. 5) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6) No vegetated wetlands will be excavated or filled. Concrete Pier Removal 7) The permittee shall coordinate the removal of the derelict concrete pier with the United States Coast Guard to ensure that navigation within Knobbs Creek is not interfered with. 8) All construction debris shall be removed to a high ground disposal area. General 9) No vegetated wetlands shall be excavated or filled. 10) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 11) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. NOTE: The N.C. Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025 (DEM Project No. 960212) which was issued on 5/17/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199601389. Permit Class Permit Number ►illiA STATE Department of Env! Natural Resources r ��exan�it�,A X Major Development ih anArea of Envirorimental Concern pursuant to NCGS 113A-l1S-"S ''i, `DAM X Excavation and/or filling puisua`n't to NCGS 113-229 authorizing development in Pasgnotank County at adj- Knohhq Crenk and the Pas rnntank River_ Poindexter St- , as requested in the permittee's application dated 1 /29/96 inchiding attached worlmIrm drawings 1-3 of dated 11/9/96. This permit, issued on is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to a fine, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization 1) The bulkhead shall not extend waterward more than an average of two feet from the normal water level at any point along its alignment at the time of construction. In no case shall the bulkhead be positioned more than five feet waterward of the normal water level. NOTE: To minimize potential impacts to trees along the shoreline, the permittee is advised that the Division would likely act favorably upon a request to modify this permit to allow for the placement of riprap material along the shoreline for stabilization purposes. If such a modification is desired, contact a representative of the Division at (919) 264-3901. attached sheet for Additional This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31,1999 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEHNR and the Chairman of the Coastal Resources Commission. {� r N. Schecter, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Roanoke Bible College ADDITIONAL CONDITIONS Permit #85-96 Page 2 of 2 2) The alignment of the proposed bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. 3) The bulkhead must be installed prior to any backfilling activities. 4) All backfill material shall be obtained from a highground source and confined behind the permitted bulkhead. 5) The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 6) No vegetated wetlands will be excavated or filled. Concrete Pier Removal 7) The permittee shall coordinate the removal of the derelict concrete pier with the United States Coast Guard to ensure that navigation within Knobbs Creek is not interfered with. 8) All construction debris shall be removed to a high ground disposal area. General 9) No vegetated wetlands shall be excavated or filled. 10) The temporary placement or double handling of excavated or fill material within waters or vegetated wetlands is not authorized. 11) No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. NOTE: The N.C. Division of Environmental Management has authorized the proposed project under General Water Quality Certification No. 3025 (DEM Project No. 960212) which was issued on 5/17/96. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 199601389. Form DCM-MP-1 APPLICATION r RECEM'T) (To be completed by all applicants) JAN 2 2 1996 b. City, town, communi r landmark 1. APPLICANT _ AC. a. Landowner: Name 1�oan ai�P f3,�/e 6//� c Address %11/ / ,r5// JJ' City /izs+ie Ci7y State /y Zip 2 % © Day Phone Fax—; 3 F - OSo/ b. Authorized Agent: c. Street address ors ndary road umber d. Is proposed work',,within city limits or planning jurisdiction? Yes No e. Name of body of water project (e.g. river, creek, sound, bay) %iyo//dds cLe ex 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT Name9B/e! Gp!ra. List all development activities you propose (e.g. V building a home, motel, marina, bulkhead, pier, and Address excavation and/or filling activities'. City Zip Fax Day Phone c. Project name (if any) State N07F. Perndt will be issued in rutme of landowner(s), and/or projed name. 2. LOCATION OF PROPOSED PROJECT a. County80 S jR'0'0Q ;v b. Is the proposed activity maintenance of an z�ing project, new work, or both? New Wa7 /C c. Will the project be for public, private or commercial use? Pi i ✓97' e— d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach Revised 03/95 FormDCM-MP-1 JAN2 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract IL 4C: b. Size of individual lot(s) c. Approximate elevation of tract above MHW or NWL X' IV 3 L. d. Soil type(s) and texture(s) of tract �b IR A-g' e. Vegetation on tract AW, W �v V4 s s f C,aL trees /�sd o //ri P :ve f. Man-made features now on tract g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land we plan.) Conservation Transitional Developed Community Rural Other h. How is the tract zoned by local overnme t? �O�'F17vr Pit �.� Fee e 45[ 3 i. Is the proposed project consistent with the applicable zoning? _X Yes No (Mach Zoning compliance certificate, if applicable) Has a professional done for the tract? If yes, by whom? archaeological assessment been Yes V_ No k. Is the project located in a National Registered Historic District .or does it involve a National Register listed or yligible property? Yes X No 1. Are there wetlands on the site? 2Yes _ No Coastal (marsh) _r Other '/ �y� If yes, has a delineation been conducted? (Attach documentation, if available) in. Describe existing wastewater treatment facilities. n. Describe location and, type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) 1) /r4 o. Describe existing �Iripking water supply source. N� 5. ADDITIONAL INFORMATION in addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale in black ink on an 8 112" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of Engineers regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it must be sufficiently detailed to guide agency personnel unfamiliar with the area to the Revised 03195 Form DCM-MP-1 RECEIVED site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Address Phone Name Address Phone Name l% �. ���e /✓ /l �+ SS r°�� Address � O.1 Phone • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. JAN 2 2 1996 6. CERTIFICATION AND PERNIISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. 1Le project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. q�ifr This is the � day of S4 ti , 19 Print Name P/� �� n /.1��/ /7//��Lp,9 Signature � � �/� /CGGr/na��— tado , or Authorized AgenV' Please indicate attachments pertaining to your proposed project. _ DCM MP-2 Excavation and Fill Information _ DCM MP-3 Upland Development DCM MP-4 Structures Information _ DCM MP-5 Bridges and Culverts _ DCM MP-6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Revised 03195 Form DCM-MP-2 RECEIVEn EXCAVATION AND FILL (Except 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. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Average Final Existing Project Leneth Width Depth Depth L JAN 2 2 1996 1. EXCAVATION a. Amount of material to be excavated from below MHW or NWL in cubic yards b. Type of material to be excavated c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? _ Yes _ No d. Highground excavation in cubic yards 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area c. Do you claim title to disposal area? Yes _ No If no, attach a letter granting permission from the owner. d. Will a disposal area be available for future maintenance? —Yes —No If yes, where? Revised 03/95 Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes No f. Does the disposal include any area in the water? Yes No 3. SHORELINE STABILIZATION a. Type Qf shoreline stabilization V Bulkhead Riprap b. Length 3c1d t r c. Overage distance waterward of MHW or NWL If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or other wetlands? Yes L2�_ No If yes, (1) Dimensions of fill area (2) Purpose of fill paNA r5 STeey 5. GENERAL d. Maximum distance waterward of MHW or NWL a. How will excavated or fill material be kept on site e. Shoreline erosioy during preceding 12 months and erosion controlled? (Source of information) 5e O eY S @VV.7,7, o. t >- 5�t�.'ssa•r Po.N�s f. Type of ulkh ofF ripr p material b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic g. Amount of fill in cubic yards to be placed below dredge)? water level 'to K)FtU(l� (1) Riprap D z (2) Bulkhead backfill Inca TdTAL ,c C. Will wetlands be cr3ssed in transporting equipment It. Type of fill material $G t �/ Y/ e�4 y to project site? _ Yes _� No If yes, explain steps that will be taken to lessen / environmental impacts. i. Source f fill materi 1 Yoa ` /w d /h is ( rf4e -_ THER FILL ACTIVITIES/yl / • eluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No I?ev"�e Bd le ball y e Applicant or Project Name Signature ;:�?.l Date .2 i99b Revised 03/95 41 z r „ //— 9- MAP OF ROANOKE BIBLE 1 'pro p os a d Knobbs Cmek 0 /iPs4 eel F6ies/ Prz441,els COLLEGE 13UMDIMGS 1. Pearl A. Presley Hall (Women's Dorm) 2. Harold C. Turner Hall (Mews Dorm) 3. Providence Hall 4. Heritage Hall 5. Faith Hall 6. Wilkinson Hall 7. Bookstore 8. Old Presley Hall 9. Old Yellow Hall 10. Press Building 11. Workshop 12. Faculty/Sssff taOwned Residences �V; l//.' , ROQf./ / 1 Ward Street 0 N Broad Street 1z 0 Walnut Street R,o,,✓oke .6,ik �/kf 0 =1 VY Sfr�e 0 U U U U E!:] 2 7 qbr/Campus West ffl 0 0 Cypress Street tz PicnicIAI� VoBeybal( Boat Basin Vespers Area Softball Fields /Va c,v COnduCutal Plaza Development Basketball I Tom- Court Courts o 0 a >a Re tloual ^ Field RECEIVE JAN 2 2 1996 No rr C Part ng M r East Campus Parking z -42- „Slt r,e7` �_S ll, ,Jkd Crce ll5—D l3r-O� nQe� Prb�ase�' ��lk�eti� PD%N�Cx7{r 7J� 1 ti n ea ch Of- Cli e,5 4egl o )F�i es f RhZ7, 9-5 0 _Dr)-�ic4 Sf�u�fuve PY�nose&° i'G�rroyQ� Rip 2-a p } Ca,2 StO r D it cf MR NoTb7 6-IkAeed Puy Av/- HIg an averofL �7 lT ro G D•sf►nrc an{cr..�d/ C4 SRo,e1.K of Z�i f�/nv'IAvm Al CQNQ 1 k 0 3,�Pe7L RECEIVEI, /ieaN liah wa-ler i PliNa 3,5' O4/ iI n ctre & IJallo➢YF 6 8i6le Ll�,o I/e fe / Sf .S7tre e 2 9a� /-W/-33S--S/9/ JAN 2 2 1996 ,QT 1%e Ya4o65 ea 0 rOk h.a" / -eV C xisf% 9rcGihci bevel a.o' Rod _Dead ixam PIRk � bolt Tie back Pile \ �tq NCP ct-YTYI b/PS�.fi� S/orP /i,.e Ta �sytL�Lv3e9C s,4ef 3 a-+ if State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director Mr. Phillip Alligood Roanoke Bible College 714 First Street Elizabeth City, NC 27909 Dear Mr. Alligood: 15 FEE HNFR May 8, 1997 RECEIVE® MAY 12 1997 COASTAL MANAGEMENT I have reviewed your plan to modify CAMA Major Permit #85-96 by moving the alignment of the bulkhead from a maximum of 5' to 8', for approximately 50 feet immediately adjacent to the property of Chesapeake Forest Products. I have determined this change would result in an alignment which would not exceed the permitted average of 2 feet waterward of the normal water level over its entire project length. Therefore by way of this letter I hereby refine condition #1 of CAMA Major Permit 85-96 to read: the bulkhead shall not extend waterward more than an average of 2 feet waterward from the normal water level at any point along its alignment at the time of construction. In no case shall the bulkhead be positioned more than eight feet waterward of the normal water level. Furthermore, condition #6 will now be labeled as 6(A) and an additional condition, 6(B), is added which reads: A sediment retention curtain will be placed around the perimeter of the area to be excavated. This curtain will remain in place for 72 hours after the excavation is completed. All excavated material must be disposed on an approved upland site. All other conditions and terms of CAMA Major Permit 85-96 remain in effect. You should keep a copy of this refinement attached to your permit. Sincerely, Richard L. Watts. District Manager RLW/kh cc: File � 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 N��C An Equal Opportunity / Affirmative Action Employer Voice 919-264-3901 FAX 919-264-3723 I 50% recycled / 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director May 29, 1996 Roanoke Bible College 714 First Street Elizabeth City, NC 27909 Dear Sir: Allir � IDEHNFR The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, P.O. Drawer 11666, Raleigh, NC 27611, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance require additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Very sincerely, Jo R. Parker, Jr. Major Permits Processing Coordinator JRP:jr/amw Enclosure P.O. Box 27687, �.FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 17l117100% post -consumer paper Y5 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL/PROCESSING RECORD A) C) APPLICANT: Roanoke Bible College COUNTY: Pasquotank LOCATION OF PROJECT: 1106 N. Poindexter Street, Pasquotank River, Knobbs Creek DATE APPLICATION RECEIVED COMPLETE BY FIELD: January 29, 1996 FIELD RECOMMENDATION: Attached - No To Be Forwarded - Yes CONSISTENCY DETERMINATION: Attached - Yes To Be Forwarded - No FIELD REPRESENTATIVE: Hawthorn DISTRIC1,Pkk4�F. Elizabeth City DISTRICT MANAGER REVIEW: DATE APPLICATION RECEIVED IN PUBLIC NOTICE REC'D: I/ ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: 9 ? REC'D: $ � P" DATE: REC'D: ON: -sL- _ z --r , 9 6 75 DAY DEADLINE- -/ 13 - 74 150 DAY DEADLINE: MAIL OUT DATE: — I' G� FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE STATE DUE DATE: �-- ('11 -q FED. COMMENTS REC'D: y — y - S k DENY DRAFT ON S-73- 94� AGENCY DATE COMMENTS OBJECTIONS NOTES RETURNED YES NO / Coastal Management Dist. Office i Div. of Community Assistance Land Quality Section J to- Div. of Env. Management b State Property Office Div. of Archives & History S' Div. of Env. Health 6- 1-0 UE 116, 41 C Div. of Highways Wildlife Resources Commissions Div. of Water Resources Div. of Marine Fisheries -_ — State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor 2 �l Jonathan B. Howes, Secretary Roger N. Schecter, Director o o� •+ �v 'o¢ ¢ MEMORANDUM 1, a WA [DEHNFR TO John Parker FROM Dennis W. Hawthorn SUBJECT Coll -ego Major Permit Application Recommendations DATE : March 8, 1996 The applicant proposes to stabilize 320 ft. of shoreline along Knobbs Creek with metal bulkhead. The applicant also proposes to remove a large concrete derelict pier which is located almost mid -channel off shore from the College property in Knobbs Creek. The proposed bulkhead alignment is an average distance of 7 ft. beyond the NWL. The public Trust Waters of Knobbs Creek are used primarily by commercial barge and tug traffic. The applicant has documentation that the existing shoreline has eroded at least two feet per year for several years. The proposed alignment will not be waterward of any wetlands but will fill 3400 sf. of Public Trust Waters. The proposed bulkhead alignment exceeds the Specific Conditions in 7H .1105. However, since this area of Knobbs Creek is experiencing heavy annual shoreline losses due to the type of navigation using the creek, I have no objection to the proposed alignment. Stabilization of this shoreline will in the long term reduce turbidity in the Pasquotank River and Albemarle Sound. An increase in local turbidity will be experienced during construction. The derelict concrete pier once supported a rail bridge which crossed near the mouth of Knobbs Creek. This rail bridge and track have long since been removed. The remaining concrete pier is a hazard to navigation. I have no objection to the removal of this structure provided this activity is conducted in conformance with USCOE and US Coast Guard Rules. 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources 1 • v Division of Marine Fisheries f IL James B. Hunt, Jr., Governor p E H N F4 Jonathan B. Howes, Secretary Bruce L. Freeman, Director 5 January 1996 MEMORANDUM lw f�,pp SR TO: John Parker FROM: P.A. WOJCIECHOWSKI 9 SUBJECT: CAMA/DREDGE AND FILL PERMIT APPLICATION Roanoke Bible College The following comments by the North Carolina Division of Marine Fisheries are provide pursuant to General Statute 113-131 . Based on the information provided, this Division bbjects to the project as proposed. According to the application the erosion rate in this area is 2 feet per year. Based on this information the construction of a bulkhead 7 to 15 feet water ward of the existing normal water line exceeds the use standards set out in 15A NCAC 7H.208(b)(7)(D)(ii). In addition the filling of the public trust lands behind the proposed bulkhead would be contrary to 15A NCAC 7H.208(b)(7)(D)(iii). The loss of 34 hundred square feet of public trust waters is not justified for the construction of a recreational area. An alternative to the bulkhead would be the placement of rip rap along the existing shoreline tying this rip rap into the existing rip rap line. Furthermore, it is recommended that the rip rap not exceed 5 feet water ward of the existing normal water line. PAW/bc cc: Sara Winslow P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Marine Fisheries James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Bruce L. Freeman, Director MEMORANDUM: /N. MAI ID FEE F1 TO: John R. Parker, Jr., DCM Major Permits Processing Section THROUGH: P. A. Wojciechowski FROM: Sara E. Winslow, Biologist Supervisor SUBJECT: Roanoke Bible College DATE: February 26, 1996 The following comments by the North Carolina. Division of Marine Fisheries are provided pursuant to General Statute 113-131. Knobbs Creek functions as a spawning and nursery area for blueback herring and alewife. Other species, both commercially and recreationally important also utilize the area. The applicant proposes to bulkhead 320 ft. of shoreline an average of 7 ft. beyond NWL, with a maximum distance of 15 ft. Based on the plat provided it appears that the bulkhead alignment could be moved closer to the NWL, reducing the amount of public trust waters lost. P.O. Box 769, Morehead City, North Carolina 28557-0769 Telephone 919-726-7021 FAX 919-726-0254 An Equal Opportunity Affirmative Action Employer 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 26 October 1992 MEMORANDUM TO: Mr. Bruce L. Freeman, Director Division of Marine Fisheries ,\ • [DEHNFR FROM: John R. Parker, Jr. Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Roanoke Bible College LFEB 2 8 1996 T � U' DMF-PUB . TR./SUBLANDS Project Location: 1106 N. Poindexter Street, Pasquotank River, Knobbs Creek, Pasquotank County Proposed Project: Bulkhead 320 ft. of shoreline an average of 7 ft. beyond the NWL. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 13, 1996. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (919) 264-3901. 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 at2_-J-1 ed comments. Signe �� V to the project for reasons described in the Date -Z 1,6 (� 1367 U.S. 17 South, Ell7abeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Af rmaflve Action Employer 50%recycled/ 10%post-consumer paper State of North Carolina `Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 22, 1996 MEMORANDUM TO: Ms. Renee Gledhill -Early Environmental Review Coordinator Division of Archives and History FROM: SUBJECT: John Parker, Jr. Major Permits Processing Coordinator 1DEHNR CAMA/DREDGE & FILL Permit Application 'rREO EO MAY 221996 UANA EMENT APPLICANT: Roanoke Bible College PROJECT LOCATION: N. Poindexter St., Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To bulkhead 320 ft. Of shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed Alpo �G�/�-�� Date S T P.O. Box 27687, 7�FAX 919-733-1495 C An Equal Opportunity/Affirmative motive Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50% recycled/10% post -consumer paper �3' t Rnlro�J.t W Z 1y 'z North Carolina Department of Cultural Resources James B. Hunt Jr., Governor Betty Ray McCain, Secretary May 16, 1996 MEMORANDUM TO: ✓John R. Parker Jr., Chief Major Permits Processing Section Division of Coastal Management , DEHNR Colonel Robert J. Sperberg, District Engineer Army Corps of inee��rs��, Wilmingto District FROM: David Brook of Deputy State His orlc Preservation Officer SUBJECT: Roanoke Bible College bulkhead, North Poindexter St., Elizabeth City, Pasquotank County, ER 96- 8822 We have reviewed the permit application for the above project. Division of Archives and History Jeffrey J. Crow, Director Roanoke Bible College is located adjacent to the Elizabeth City Historic District which was listed on the National Register of Historic Places on October 18, 1977. Due to the nature of the project, it will have no effect on the historic property. The above comments are made pursuant to Section 106 of the National Historic Preservation Act and the Advisory Council on Historic Preservation's Regulations for Compliance with Section 106 codified at 36 CFR Part 800. Thank you for your cooperation and consideration. If you have questions concerning the above comment, please contact Renee Gledhill -Earley, environmental review coordinator, at 919/733-4763. DB:slw cc: Elizabeth City Historic District Commission MAY 22199 COASTAL MANAGEMENT � 109 East Jones Street • Raleigh, North Carolina 27601-2807 8�9 State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 29, 1996 lu muo'"o 111"V l TO: P. A. "Ski" Wojciechowski Division of Marine Fisheries FROM: John Parker Major Permits Processing Coordinator 0EHNFR Ei1996l J W-PUB. TRJSUBLANDSI SUBJECT: CAMA/Dredge and Fill Permit Application Review 81gy -" "LU H r L996 APPLICANT: Roanoke Bible College CIOMANAGEMENr PROJECT LOCATION: N. Poindexter St., Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To bulkhead 320' of shoreline. Please indicate below your agency's position or findings on the proposed project as it relates to matters of public trust. If you have any questions regarding the proposed project, contact John Parker at 733-2293 or the DCM field representative for the project. This form should be used only for tracking and intra-agency commenting. REPLY There are no known public trust conflicts with the project location or design. There appear to be public trust conflicts that require additional investigation. Approximately _ days additional review time is needed. It is recommended that changes be made to the project to reduce or eliminate ✓ public trust conflicts, as discussed in the attached memo. C-C, %/f% i°i e>,Ae-G-XO 5-17';F Signed �� �G✓' Date l��rj` / df&..t plus a/IC(da ah MP^"t q)idtwr 6eseam /v cow/ S;: , P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/Affirmative motive Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 50°1. recycled/100% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Environmental Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary A. Preston Howard, Jr., P.E., Director APPROVAL of 401 Water Quality Certification Mr. Phillip Alligood Building and Grounds Supt. Roanoke Bible College 714 First Street Elizabeth City, NC 27909 Dear Mr. Alligood: VwjLA IDEHNR May 13, 1996 Pasquotank County DEM Project # 960212 You have our approval to place fill material in 0.078 acres of wetlands or waters for the purpose of constructing a bulkhead with backfill at your property, as you described in your application dated 23 February 1996. After reviewing your application, we have decided that this fill is covered by General Water Quality Certification Number 3025. This approval is only valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. For this approval to be valid, you must follow the conditions listed in the attached certification. In addition, you should get any other federal, state or local permits before you go ahead with your project. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. This letter completes the review of the Division of Environmental Management under S 401 of the Clean Water Act. If you have any questions, please telephone John Domey a _(/ / 1 1786. REc�ivEO Sincerely, MAY 221996 � COASTAL MANAGEMENT ton ow , Jr. P.E. Attachment cc: Wilmington District Corps of Engineers Corps of Engineers Washington Field Office Washington DEM Regional Office Mr. John Domey Central Files John Parker; DCM 9602121tr Environmental Sciences Branch, 4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone 919-733-1786 FAX ;r 733-9959 An Equal Opportunity Affirmative Action Employer • 50% recycled/10% post consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director April 22, 1996 MEMORANDUM TO: Mr. Charles R. Fullwood, Jr., Director Wildlife Resources Commission Attn: Habitat Conservation Program FROM: John Parker, Jr. Major Permits Processing Coordinator ti�r�1 ri ANOME� EDEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: %ftnoke Bible College PROJECT LOCATION: N. Poindexter St., Elizabeth City, Pasquotank Co. ROPOSED PROJECT: To bulkhead 320 ft. Of shoreline. Please indicate below your agency's position or viewpoint on the proposed and return this form by May 13, 1"6. If you have any questions regarding the proposed project, please contact John Parker at 733- 2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. i X This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. 11 12 This agency objects to the project for reasons described in the attached Signed , �A1�,A£} r 0-6( 7 ra,-A1r Date 5- 13-4 fCE1VED NCwKL M AY18Igys May 21, 1993 N%q* MANAGEMENT P.O. Box 27687, . FAX 919-733-1495 Raleigh, North Carolina 27611-7687 r An Equal Opportunity/Affirmative AcNo Voice919-733-2293 7- 50%recycled/ 10%post-consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM SUBJECT April 22, 1996 Mr. Joe Henderson, Acting Director State Property Office EDEHNR Department of Administration rMAY13 John Parker, Jr. Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review APPLICANT: Roanoke Bible College PROJECT LOCATION: N. Poindexter St., Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To bulkhead 320 ft. Of shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 12, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed r Date S— 7, — Ci P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice 919-733-2293 , 50% recycled/ 10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B, Howes, Secretary Roger N. Schecter, Director April 22, 1996 MEMORANDUM TO: Mr. John Sutherland, Chief Water Planning Section Division of Water Resources FROM: John Parker, Jr. Major Permits Processing Coordinator A '", EDEHNFR APR 23 1996 �_ r,. —w--�- SUBJECT: CAMA/DREDGE & FILL Permit Application Review APPLICANT: Roanoke Bible College PROJECT LOCATION: N. Poindexter St., Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To bulkhead 320 ft. Of shoreline. RECEIVED r�1aX 151 ass MANA6Et�EN1 Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed ate / Y� P.O. Box 27687, 1�T�FAX 919-733-1496 Raleigh, North Carolina 27611-7687 1, An Equal Opportunity/Affirmative Action Employer Voice 919-733-2293 50% recycled/) 0% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director MEMORANDUM TO: FROM: SUBJECT: April 22, 1996 Mr. Larry R. Goode, Phd., P.E. Highway Administrator Division of Highways John Parker, Jr. Major Permits Processing Coordinator 1' • IDEHNFR CAMA/DREDGE & FILL Permit Application Review APPLICANT: Roanoke Bible College PROJECT LOCATION: N. Poindexter St., Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To bulkhead 320 ft. of shoreline. P� G 6 O Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency o jects a project for reasons described in the attached comments. Signed Date G �l P.O. Box 27687, ��FAX 919-733-1495 C An Equal Opportunity/Affirmatve Action Employer Raleigh, North Carolina 27611-7687 Nr Voice 919-733-2293 50% recycled/10% post -consumer paper State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 26 October 1992 MEMORANDUM TO: Mr. Charles Gardner, Director Division of Land Resources FROM: John R. Parker, Jr. Major Permits Processing Section 1DEHNFR SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Roanoke Bible College Project Location: 1106 N. Poindexter Street, Pasquotank River, Knobbs Creek, Pasquotank County Proposed Project: Bulkhead 320 ft. of shoreline an average of 7 ft. beyond the NWL. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 13,1 996. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (919) 264-3901. 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 ttached comments. C Signed Date 3�� 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afflrmative Action Employer 50%recycled/ 10%post-consumer paper pr State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director 1, •�' IDEHNFR pIAR�� ,�E1R 26 October 1992 / MEMORANDUM TO: Mr. Robert E. Chandler, Director Division of Community Assistance FROM: John R. Parker, Jr. Major Permits Processing Section SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Roan ibl ,4lege Project Location: 1106 N. Poindexter Street, Pasquotank River, Knobbs Creek, Pasquotank County Proposed Project: Bulkhead 320 ft. of shoreline an average of 7 ft. beyond the NWL. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 13, 1996. If you have any questions regarding the proposed project, please contact Dennis W. Hawthorn at (919) 264-3901. When appropriate, in- depth comments with supporting data is requested. REPLY This agency has no objection to the project as proposed. L/This agency has no comment on the proposed project. Signed This agency approves of the project only if the recommended changes are incorporated. See attached. =o the project for reasons described in the Date 1367 U.S. 17 South, Elizabeth City. North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Affirmative Action Employer 50%recycled/ 10%post-consumer paper State of Nort arolina I Departmen o ,Environment, Health and ural Resources R E C E l Division of Coastal Management-211r MAY is l efi ` L - James B. Hunt, Jr., Governor � E H N FR Jonathan B.- Howes, Howes, Secreta Roger N. Schecter, Director DIV. OF ENVIWN,14EN,7i1hEaT H April 22, 1996 REc V), MEMORANDUM APq TO: Ms. Linda Sewall, Director DIV OF ENVIRON14EfV7 yEALTI{ Division of Environmental Health FROM: John Parker, Jr. �2 1 1 Major Permits Processing Coordinator Q o REGE��E SUBJECT: CAMA/DREDGE & FILL Permit Application Review MNXrW6 saS APPLICANT: Roanoke Bible College d� PROJECT LOCATION: M Poindexter St., Elizabeth City, Pasquotank Co. PROPOSED PROJECT: To bulkhead 320 ft. Of shoreline. Please indicate below your agency's position or viewpoint on the proposed project and return this form by May 13, 1996. If you have any questions regarding the proposed project, please contact John Parker at 733-2293. When appropriate, in-depth comments with supporting data are requested. REPLY This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project, only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Signed P.O. Box 27687, UK Raleigh, North Carolina 27611-7687 Voice 919-733-2293 I7lA1lf7l1ls�wJr� Date s/z � /-7 6 FAX 919-733-1495 An Equal Opportunity/Affirmative Acfion Employer Fin°l, rpcvcipai/lrl'Y, nnst- nmi tmpr nnnpr State of North Carolina Department of Environment, Health and Natural Resources / • Division of Coastal Management _ James B. Hunt, Jr., Governor A � - Jonathan B. Howes, Secretary E3E H N FR Roger N. Schecter, Director May 17, 1996 Roanoke Bible College c/o Phillip Alligood 714 First Street Elizabeth City, NC 27909 Dear Sir: This letter is with reference to your application for a Coastal Area Management Act Major Development permit to carry out construction on property located adjacent Knobbs Creek, in Pasquotank County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided,by G.S. I I3A-122(c) which would make July 31,1996 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so. as soon as possible. In the interim, if you have any question on the status of your application, do not hesitate to contact this office. DH/aw Very sincerely, d�� I-14-� Doug Huggett Asst. Major Permits Coordinator cc: Dennis Hawthorne DCM-Elizabeth City DCM-Morehead City P.O. Box 27687, 7� C FAX 919-733-1495 An Equal Opportunity/Affirmative Action Employer Raleigh, North Carolina 27611-7687 N� Voice919-733-2293 ll��'7�*!- 50% recycled/ 10% post -consumer paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Roanoke Bible College 2. LOCATION OF PROJECT SITE: Elizabeth City, Pasquotank River and Knobbs Cr., North Poindexter St. Photo Index - 1989:126-1;C5 1984: 122-747;Kl l State Plane Coordinates - X: 2,821,600 Y: 942,200 3. INVESTIGATION TYPE: CAMA/ D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 1-29-96 Was Applicant Present - yes 5. PROCESSING PROCEDURE:. Application Received - 1-29-96 (Complete) Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Elizabeth City Land -Use Plan, 1992 Update Land Classification From LUP - Developed (B) AEC(s) Involved: Public Trust Waters (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - none Planned - none (F) Type of Structures: Existing - none Planned - bulkhead (G) Estimated Annual Rate of Erosion: 2 ft. per year Source - Applicant 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (C) Public Trust Waters 3400 sf. (0.078A) (D) Total Area Disturbed: 0.078 A (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant proposes to bulkhead 320 ft. of shoreline an average of 7 ft. beyond the NWL. ROANOKE BIBLE COLLEGE PASQUOTANK RIVER BIO REPORT Page Two INTRODUCTION Roanoke Bible College is a private college located along the Elizabeth City Pasquotank River waterfront. The site proposed for development is used as a recreational area and is adjacent to a commercial/industrial area of the City. The applicant proposes to bulkhead 320 ft. of shoreline an average of 7 ft. waterward of the NWL along an upland portion of Knobbs Creek at the confluence of Knobbs Creek and the Pasquotank River. This portion of Knobbs Creek is used mainly by barge traffic. SITE DESCRIPTION The'Roanoke Bible College property is located along the Pasquotank River waterfront several blocks along N. Poindexter Street in Elizabeth City, upstream from the Camden Causeway/ICW Pasquotank River Bridge. The College owns this 12 acre tract outside the City's historic district. Existing structures on this tract include dormitories and a small utility building. The majority of the tract is open lawn and used as a recreational/athletic field. The proposed work site is on the northern property limits of the College owned property and is upstream from the main campus area. This portion of the Campus is adjacent to the Chesapeake Corporation pulp wood barging yard and the end of N. Poindexter Street. Barge traffic is the major use of Knobbs Creek. Previously, Roanoke Bible College was issued CAMA Major Permit 83-94 on June 8, 1994 to authorize the removal and replacement construction of 650 ft. of bulkhead work on the Campus near the dormitory buildings. This work was completed in 1995. The federally maintained channel of the ICW is greater than 200 ft. distance away from the proposed work site. The waters of this portion of the Pasquotank River and Knobbs Creek are classified by the Wildlife Resources Commission and the Division of Marine Fisheries as Inland Waters. These waters are classified by the Division of Environmental Management as SC waters. The Division of Coastal Management considers these waters as Public Trust Waters and part of the N C Estuarine System Area of Environmental Concern. The proposed work site is vegetated in lawn grasses. Some trees exist along the immediate shoreline. Approximately 30 linear ft. of the existing shoreline is stabilized with concrete rip rap. The proposed bulkhead alignment is along an upland portion of the Knobbs Creek shoreline adjacent to existing rip rap and coastal wetlands (Typha spp.) near the mouth of Knobbs Creek and the Pasquotank River. Portions of the shoreline, where Poindexter Street ends, were previously stabilized with wood bulkhead. Several derelict piles remain approximately 10 ft. waterward of the existing NWL. Approximately 2 ft. of erosion per year has been experienced at this site. The USDA Pasquotank County Soil Survey indicates that Mucky peat soils are located in the vicinity of Elizabeth City and Pasquotank County. ROANOKE BIBLE COLLEGE PASQUOTANK RIVER BIO REPORT Page Three PROPOSED WORK The applicant proposes to construct 320 ft. of metal bulkhead along an upland portion of Knobbs Creek an average distance of 7 ft. beyond the NWL. The alignment will have a maximum distance of 15 ft. beyond the NWL. The proposed bulkhead structure will connect to an existing metal bulkhead. The proposed bulkhead alignment will end adjacent to the existing rip rap and before to any delineated wetlands along the natural shoreline. The applicant is requesting an alignment that will provide a straight shoreline and reduce navigation difficulties. The proposed alignment will also help save what few trees are remaining along this portion of the Campus. The applicant estimates that 1,000 cy. of fill material will be needed to construct the proposed project. The applicant also proposes to remove an existing concrete bridge pile structure from the Knobbs Creek channel. This derelict structure is partially blocking the existing navigation channel of Knobbs Creek. This piling is the remains of an old rail bridge which once crossed the creek at this vicinity. ANTICIPATED IMPACTS The proposed work will result in the loss of approximately 3400 sf. of Public Trust Waters. The proposed bulkhead alignment will not be placed waterward of any vegetated wetlands. The applicant estimates that between 650 and 1,000 cy. of fill material will be necessary to backfill the proposed structure. The proposed work will result in temporary elevated turbidity in the water column. During the removal of the derelict bridge pile, barge traffic navigation may be restricted. CAMA REVIEW The proposed bulkhead alignment exceeds the 7H Standard Conditions for shoreline stabilization. No endangered or threatened species or unique geologic features are known to exist at the proposed work site. The proposed work is just outside of the City's designated Historical District. . The shoreline of the project site is classified as a Conservation-Greenway in the Elizabeth City Land - Use Plan. The City's intent is for Greenway areas to be left open and undeveloped. This classification allows recreational uses where they do not interfere with the functioning of the Greenway as a natural buffer. The City's LUP requires that the public not be denied basic navigation and recreational rights to the use of Public Trust Waters. Bulkheading, in the past, has been found consistent with this policy. Therefore, I conclude that this proposed work is consistent with the City's LUP. Submitted by: Dennis W. Hawthorn Date: February 21, 1996 DEPARTMENT CO THE ARMY C09, WILMINGTON DISTRICT, CORPS OF ENGINEERSP.O. BOX 1890WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF April 4, 1996 Regulatory Branch Action ID No. 199601389 Mr. John Parker Division of Coastal Management North Carolina Department of Environment, Health, and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Dear Mr. Parker: Reference the application of Roanoke Bible College for a Department of the Army (DA) permit to construct and backfill a bulkhead, on property owned by the Roanoke Bible College, located off of North Poindexter Street, adjacent to Knobbs Creek and the Pasquotank River, Elizabeth City, Pasquotank County, North Carolina. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following condition(s) be included in the State authorization: 1. All work authorized by this permit must be performed in strict compliance with the permit plans. 2. The bulkhead will not be positioned farther waterward than 15 feet from the normal water level elevation contour at any point along its alignment. 3. All backfill materials will be obtained from a highground source and confined landward of the permitted bulkhead. 4. No vegetated wetlands will be excavated or filled. 5. The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. 7. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. N'r IK►e.Js \-% i �I do^` ror� E�PRGo fAL9& MpNpGEMENS -2- 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required State/Federal coordination. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Ral�"r" U Bland, P.W.S. Regulatory Project Manager Copies Furnished: Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health, and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLYTO ATTENTION OF February 29, 1996 Regulatory Branch �, Action ID No. 199601389 f _401VEO+ iAR 6 1996 W rAL Mr. John Dorney MANAGEMENT Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27611-7687 Dear Mr. Dorney: Enclosed is the application of the Roanoke Bible College for Department of the Army (DA) authorization and a State Water Quality Certification to construct and backfill a bulkhead, on property owned by the Roanoke Bible College, located off of North Poindexter Street, adjacent to Knobbs Creek and the Pasquotank River, Elizabeth City, Pasquotank County, North Carolina. Your receipt of this letter verifies your acceptance of a valid request for certification in accordance with Section 325.2(b)(ii) of our administrative regulations. We are considering authorizing the proposed activity pursuant to Section 404 of the Clean Water Act, and we have determined that a water quality certification is required under the provisions of Section 401 of the same law. A Department of the Army permit will not be granted until the certification has been obtained or waived. According to our administrative regulations, 60 days is reasonable for State action. Therefore, if you have not acted on the request, or asked for an extension of time, by April 28, 1996, the District Engineer will deem that waiver has occurred. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland Regulatory Project Manager Enclosure ICo ies Furnished (without enclosure): I. John Parker Division of Coastal Management North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS �" P.O. BOX 1890 5el WILMINGTON. NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF February 29, 1996 Regulatory Branch Action ID No. 199601389 Roanoke Bible College C/O Phillip N. Alligood 714 First Street Elizabeth City, North Carolina 27909 Dear Mr. Alligood: On February 11, 1991, we renewed General Permit No. 198000291 (copy enclosed), which provides Federal authorization for construction activities that receive authorization from the State of North Carolina. A review of your application received February 22, 1996, for Department of the Army (DA) authorization to construct and backfill a bulkhead, on property owned by the Roanoke Bible College, located off of North Poindexter Street, adjacent to Knobbs Creek and the Pasquotank River, Elizabeth City, Pasquotank County, North Carolina, indicates it to be a candidate for Federal authorization under this general permit. Accordingly, the administrative processing of your application will be accomplished by the North Carolina Division of Coastal Management. Comments from Federal review agencies will be furnished to the State. If your application must be withdrawn from this general permit process for any reason, you will be informed regarding its further management. If there are no unresolved differences in State -Federal positions or policies, the final action taken on your application by the State will result in your receiving written notice from us that your application is consistent with the general permit and you may commence your activity. Only after receiving such confirmation should you begin work. Your application, pursuant to Section 10 of the River and Harbor Act and Section 404 of the Clean Water Act, has been assigned Action ID No. 199601389. It will be coordinated by Mr. Raleigh Bland in the Washington Regulatory Field Office at telephone (919) 975-1616, extension 23. Sincerely, Raleigh Bland Regulatory Project Manager Enclosure -2- MpR qg%" j ogwq � Copies Furnished (without enclosure): /Mr. John Parker JDivision of Coastal Management VV North Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Dorney Water Quality Section Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Ms. L. K. (Mike) Gantt U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Habitat Conservation Division Pivers Island Beaufort, North Carolina 28516 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF Regulatory Branch Action ID. 191 to l3 g'1 Applicant Waterway (<,wbbs County fo;AVg�ink Type Work Mr. Larry Hardy Mr. John Parker / National Marine Fisheries Division of Coastal Management Service, NOAA North Carolina Department of Pivers Island 14 Environment, Health and Beaufort, North Carolina 28516 Natural Resources Post Office Box 27687 Fish and Wildlife Enhancement Raleigh, North Carolina 27611-7687 U. S.Fish and Wildlife Service Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Thomas Welborn, Chief Wetlands Regulatory Section -Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Gentlemen: . R I eLd. ur Eliza Regional Office Division of Coastal Management North Carolina Department of Environment, Heallth and Natural Resources 131e US Im Sw EI' Ci PIG 2.'1D Pursuant to Action ID No. 198000291, the CAMA-Corps general permit/processing agreement, a State Field Investigation Report is enclosed. Your comments and/or recommendations would be appreciated on or before Mra.24 11 (q h 6 RECEI EO FES 29 1996 Lu,o,AL MANAGEMENT Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919) 975-1616, extension 23. Sincerely, leigh land Regulatory Project Manager Enclosure State of North Carolina Health and NatEnvironment, ral Resoe ces Division of Coastal Management Jamds B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N, Schecter, Director April 10, 1996 Mr. Phillip N. Alligood Roanoke Bible College Box 714, 1st Street Elizabeth City, North Carolina 27909 Dear Mr. Alligood; IL P WA IT A&47te*A [DFEE HNR The Division of Coastal Management hereby acknowledges receipt of the required additional information concerning the proposed development of your property located adjacent to Knobbs Creek in Elizabeth City. This information was received by this office on April 2, 1996, and is sufficient to allow for renewal of the processing of your application for a Coastal Area Management Act (CAMA) permit. The projected deadline for making a decision on your application is now May 17, 1996. Please note that, prior to final action being taken on your application, a fully executed NCDOT encroachment agreement or similar legal document must be supplied to this office. 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 extended review. However, an additional letter will be provided on or about the 75th day. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the Division or other agencies may contact you directly. Please feel free to contact me at (919) 733-2293 should you have any questions concerning this matter. Sincerely, Doug Huggett Assistant Major Permits Coordinator cc: DCM-Morehead City DCM-Elizabeth City P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1496 An Equal Opportun'rfy Affirmative Action Employer W%recycled/ 10% post -consumer paper (P� STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION JAMES B. HUNT JP- DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P O BOX 1405 SECRETARY Elizabeth City, NC 27906 (919)331-4737 February 29,1996 Mr. Phillip N. Alligood Roanoke Bible College 714 First Street Elizabeth City, NC 27909 SUBJECT: Proposed Bulkhead on N. Poindexter Street SR 1329; Pasquotank County - CAMA Permit Dear Mr. Alligood, This letter is to notify you, that as an adjacent riparian landowner, the North Carolina Department of Transportation has no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. If you have any questions or need addition information, please feel free to contact me at (919) 331-4737; Fax (919) 331-4739. Thank You, " � xo( Allen Russell Assistant District Engv NCDOT ago„"d STATE OF NORTH CAROLINA ' DEPARTMENT OF TkkNSPORTATION JAmEs B. HUNT JR. DIVISION OF HIGHWAYS GARLAND B. GARRETT JR. GOVERNOR P. O. Box 748 SECRETARY Ahoskie, North Carolina 27910 February 26, 1996 County: Pasquotank Subject Encroachment Encroachment Contract - Installation of bulkhead. Roanoke Bible College 714 First Street CISTI?iCT tl G F;Q= Elizabeth City, NC 27909 Dear Sir: Attached for your files is a copy of a Right of Way Encroachment Contract which has been properly executed. This contract covers the above subject. This encroachment is approved subject to the applicable Special Provisions which are attached to and made a part of the encroachment contract. Failure to abide by Special Provisions can result in work stoppage. Yours truly, D. R. Conner, P. E. Division Engineer - Division One A.W. R A.W. Roper, P.E. Division Maintenance Engineer DRC/AWR/brc Atta. cc: Mr. J. B. Williamson, Jr., (w/original agreement) Mr. J. D. Jennings, (w/copy of agreement)✓ Route: SR 1329 County: Pasquotank SPECIAL PROVISIONS District Engineer in Elizabeth City must be notified by telephone, (919) 331-4737, 8:00 a.m. - 5:00 p.m., Monday - Friday, three days prior to beginning work. Failure to give such notification may result in stoppage of work for a period of three days. 2. Written notification of the completion of the encroachment contract will be sent to District Engineer, Division of Highways, P. O. Box 1405, Elizabeth City, North Carolina 27909. 3. An executed copy of the Encroachment Agreement will be present at all times during construction. The Division of Highways reserves the right to stop work unless evidence of approval can be shown. 4. The Department of Transportation does not guarantee the right Of way on this road, nor will it be responsible for any claim for damages brought by any property owner by reason of the installation of the encroachment. 5. The traveling public will be warned of the encroachment construction with signing that is in accordance with the latest manual on Uniform Traffic Control Devices (MUfCD). 6. Two-way traffic must be maintained at all times. All materials and construction shall conform to N. C. Department of Transportation's Standards and Specifications. 8. All earth areas disturbed shall be regraded and reseeded in accordance with Division of Highways Standards and Specifications. Final inspection approval will require that a strong stand of vegetation be established on all areas of disturbed earth. &Aj-i Cyce ,k 13 j�b�aSC� z75 i D it -------------- e,f 1W Lam/ e4�.� 2r✓ o�" /'oiN� � S/• j7 //p (-� (T yGLCNc� n PoiNale fek Sf �— �� �STiNS Bl"V tac/ Ot � /y= '7�y (St �fyce� 117. !/ e r i l c rC --->.fl'.r cTlfr e '��r�poseq! rc�ovQ/ �x�shN� Rid ra p MAP OF ROANOKE BIBLE COLLEGE CAMPUS c^aSaPeq�t.: COLLEGE BUILDINGS 1. Pearl A. Presley Hall (Women's Dorm) 2. Harold C. Turner Hall (Mews Dorm) 3. Providence Hall 4. Heritage Hall 5. Faith Hall 6. Wilkinson Hall 7. Bookstore 8. Old Presley Hall 9. Old Yellow Hall 10. Press Building 11. Workshop 12. Faculty/Staff Owned Residences Ward Street 12 Broad Street 0 0 Walnut Street u EEJ m 0 DKI West Q Campus® Cypress Street �kr cuss Sf E% ea r� Knobbs Creek etiraic Area Vaueyliau Boat Baia Vespers Area Sof" Fields Basketball Court Continental Plea Development Tennis Courts Recreadowd Field 1 Park ng East Campus Parking 2 -42- r r b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not , ecr m na a on he grounds of race, color, or national origin in the selection and retention of oubcon- tzactors, including procurements of materials and leases of equipment. The contractor shall not partici= pate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a progrcm Bet forth in Appendix B of the Regulations. c. Solicitations for Subcolitracts Includin Procurements of Materials and E 1 ment: In all solicitations e ter y compe eve t, Ing or nego to on ma e or contract, including procurements of austerials or I sees ofoe Moment, or oeach z o e performed under o sub. supplier shall be notified by the contractor of the contractor's obligations ounder athis cc tract andtheRegulations relative to nondiscrimination on the grounds of race, color, or national origin. d, Information and Reports: The contractor shall provide all Information and reports required by the Regulations, or directives , awed Cursuan[ there [o, and shall permit access to its books, records, accounts, other sources of information, and Its facilities as may be determined by the De;nitment of Transportatinn or the federal Highway Administration to be pertinent to ascertain compliance with suth Regulations or directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this Information, the contractor shall so certify to the Department of Transportation, or the Federal Highway Administration as appro;riate, and shall set forth what efforts it has made to obtain the Information. e. Sanctions for Noncom (lance: In the event of the contractor's noncompliance with the nondiscriminotlon provisions of this contract the Department o ransportatltn shall Impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to, (;) withholding of payments to the contractor under the contract until the contractor compiles, and/or (2) cancel lotion, termination or suspension of the contract, In whole or in part.- f. Incorporation of Provisions: The contractor shall incl,.de the provisions of paragraphs "a" through "f" in every subcontract, including procurements o materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions Including sanctions for noncompliance: Provided, however, that. In the event a contractor becomes Involved In, or Is threatened with, litigation with a subcontractor or supplier as a result of such direction, the corrector may request the Department of Transportation to enter Into such Iltigetlon to protect the Interests of the State and, in addition, the contractor may request [he United States to enter Into such litigation to protect the Interests of the Unl tad States. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day and year first above written. DEPARTM A SPORTATION BY: I SION ENGINEER ATTEST OR WITNESS: 010 Me /r✓ //, IJCyVes Second17 Party INSTRUCTIONS When the applicant is a corporation or a mun lcl pal l ty, this agreement must have the corporate sea; and be attested by the corpora tlon secretary or by the empowered city official, unless a waiver or corporate seal and attestation by the secretary or by the empowered City pf/Ie laI Is on file In he Raleigh office of the Manager of Right of Way. In the space provided In this agreement for execution, the name of the corporation or municipality shall be typed above the name and title of all persons signing the agreement should be typed directly below their signature. ' This agreement must be accompanied, In the form of an attachment, by plans or drawings showing the following applicable Information: I. Al roadways and ramps 2. Right of way lines and where applicable, the control of access lines _ ). Location of the existing and/or proposed encroachment 4. Length, size and type of encroachment S. Method of Installation 6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, structures, etc. 7. Location by highway survey station number. If statlon numbs :cannot be obtained, location should be shown by dls- distance from some Identiflable point, such as a bridge, road, Intersection, etc. (To assist In preparation of the encroachment plan, the Department's roadway plans may be seen at the various Highway Division Offices, or at the Raleigh office.) B. Drainage structures or bridges If affected by encroachment (show vertical and horizontal dimensions from encroach- ment to nearest part of structure) 9. Method of attachment to drainage.structures or bridges .... ... _ 10. Manhole design 11. On underground utilities, the depth of bury under all traveled lanes, shoulders, ditches, sidewalks, etc. 12. Length, size and type of encasement where required, 11. On underground crossings, notation as to method of crossing - boring and Jacking, open cut, etc. 14. Location of vents GENERAL REQUIREMENTS I. Any attachment to a bridge or other drainage strudture must be approved by the Head of Structure Design In Raleigh Prior to submission of encroachment agreement to the Division Engineer. 2. All crossings should be as near as possible norm, to the centerline of the highway. 1. Minimum vertical clearances of overhead wires and cables above all roadways must conform to clearances set out In the National Electric Safety Code. 4. Encasement, shall extend from ditch line to ditch llne In cut sections and 5' beyond toe of slopes In fill sections. 5. All vents should be extended to the right of way line or as otherwise required by the Department. 6. All pipe eneasarents as to materiel and strength shall meet the standards and specifications of the Department. 7. Any special provisions or specifications as to the performance of the work or the method of construction that may be required by the Department must be shown an a separate sheet attached to encroachment agreement provided that such Information cannot be shown on plans or drawings. R. The Department's Division Engineer should be given notice by the applicant prior to actual starting of Installation included In this agreement. STATE OF NORTH CAROLINA ROUTE SR 1329 PROJECT Bulkhead COUNTY OF paco,Wotank DEPARTMENT OF TRANSPORTATION -AND- Roanoke Bible College RIGHT OF WAY ENCROACHMENT AGREEMENT wytlMARY AND SECONDARY HIGHWAYS 714 First Street, Elizabeth City, NC 27909 DISTRICT 7 0r'FlCF THIS AGREEMENT, made and entered Into this the k�g day of 1 iCtrlh t 19Q(0, by and between the Department of Transportation, party of the first pa ; an Roanoke Bible College _ party of the second part, W I T N E S S E T H: THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route SR 1329 , located at the north east end of.North Poindexter Street with the construction and/or erection of Bulkhead WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as lindicated, subject to the conditions of this agreement; NOW, THEREFORE, IT'IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached"plan sheet (s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maintenance of the above described facility will be accoOp' iahed In ac- cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING 11TILITIES ON HIGHWAY RIGHTS -OF -WAY, and such revisions and amendments thereto as may e n a ec a e e o a agreemen n- orms on as to these .policies and procedures may be obtained from the Division Engineer or State Utility Agent of the party of the first part. ._ That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the Proper maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways and structures necessary due to the Installation and ex- intence of the facilities of the Party of the second part, and if at any Lima the party of the first part shall require the removal of or changes In the location of the said facilities, that the said party of the second part Linda himself, his successors and assigns, to promptly remove'or alter the said facilities, in order to conform to the said requirement, without any cost to the party of the first part. at the party of the second part agrees to provide during construction and any subsequent ma intanance proper signal lights, flagmen and other warning duvicea for the protection of traffic in conformance with the lateat on Uniform Traf tic Control Devices for :.treats and Highways and Amendments or Supplements thereto. Infer - as o e ovs ru es an regulations may oe OOLdineu from the Diviaion Engineer of the party of the first Part. That the party of the second part hereby agrees to indemnify and save harmless the party of the first part from all damagaa and claims for damago that may arise by reason of the installation and maintenance of this en- -roachment. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the sails faction of the Division Engineer of the party of the drat part. The party of the noeond part agreua to exercise every reasonable procautlon during construction and maintenance to prevent eroding of soil; silting ar Pollution of rivers, streams, lal:os, reservoirs, other water impoundments, ground surfaces or other property; or ppollution of the air. 'There eha).1 be cos.Pliance with applicable rules and regulations of the North Carolina l.ivinian of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and ogulatione of varioua counties, municipalities and ether official agencies relating to Pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and the existing ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grans cover to meet the naticfoction of the Division Englnaer of the party of the first part. That the party of the second part agree, to asaww. the actual cost of any inspection of the work consfoerea :o be necessary by t).a Division Engineer of the party of the first part. That the party of the second part agrees to have available at the construction site, at all times during con - attention, a copy of thin agreement showfug evidence of approval by the party of the first part. The party of the First part reaervea the right to stop all work unless evidence of approval can be shown. Provided the work contained in this agreement is being performed on a completed highway open to traffic; the ;:arty of the second part agrees to give wriLtcn notice to the Diviaion Engineer of the party of the first part when all work contained herein has been completed. Unless specifically requested by the party of the first part, written notico of completion of work on highway projects under construction will not be required. That in the case of noncompliance with the terms of this agreement by the party of the second part, the party of the first part reserves the right to stop all work until the facility has been brought into compliance or re- moved from the right of way at no coat to the party of the first part. T7et it It, uyr ae.i Ly Loth piitiva that this agreemunl s)Lal: LucOme vold if eetual construction of the work contempiateu nerein is not Degun witnin one lli year tram tna Bate or authorization by the Forty or the ritat part unless written waiver is secured by the party of the second part from the party of the first part. During the performance of this contract the second party, for itself, its aeaignees and successors in interest (hereinafter referred to an the ^contractor^), agrees as follows; a. Com�lfanca wi�tt� p�r,11 ations; The contractor shall comply with the Regulations relative to nondiscrimin- uEior� in Fe end ally-..is.'sf Tl progrsrs of the U. ::. Department of Transportation, Title 49, Code of. Federal Regulations, part 21, as they w y be emended from time to time, (hereinafter retorted to an the kogula- tions), which are herein incorporated Ly reforance :and made s part of this contract. FORM R/W 16.1 (Rev. July 1, 1977) State of North Carolina Department of Environment, Health and Natural Resources Division of Coastal Management James B. Hunt, Jr., Governor Jonathan B. Howes, Secretary Roger N. Schecter, Director February 27, 1996 Roanoke Bible College c/o Mr. Phillip Alligood 714 First Street Elizabeth City, NC 27909 Dear Sirs: A 37 C)EHNR This letter is in response to your application request under the Coastal Area Management Act (CAMA) to construct approximately 320 feet of bulkhead along your property in Elizabeth City and to remove a derelict structure from Knobbs Creek. The application package was received by the Division's Elizabeth City office on January 29, 1996. However, it has been determined that additional information will be required before a full review of the project may take place. The required information is summarized below: 1) The N.C. Department of Transportation Right of Way Encroachment Agreement for Primary and Secondary Roads that was submitted with the permit application was not a finalized and executed document. This document needs to be signed and dated by the appropriate NCDOT representative, and a copy provided to this office. 2) Written permission must be obtained from the owner of the derelict railway structure authorizing the removal of the structure, and a copy of the document granting permission must be supplied to this office. In accordance with T15A:07J.0204(d), which states that processing of an application may be placed on hold if additional information from the applicant is necessary to adequately assess the project, processing of your. application must be terminated until such time as documentation on the above items is provided to this office. As required by T15A:07J.0204(d) during the pendency of any termination of processing, the permit processing period will not run. Following receipt of the requested information, processing will begin at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (919) 733-2293, P.O. Box 27687, Raleigh, N.C. 27611. Sincerely, 5' y. —. Doug Huggett Assistant Major Permits Coordinator P.O. Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919-733-2293 FAX 919-733-1495 An Equal Opportunity Affirmative Action Employer 60%recycled/ 10%post-consumer paper cc: DCM - Morehead City Dennis Hawthorn, DCM-Elizabeth City DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS P.O. BOX 1890 WILMINGTON, NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF June 3, 1996 Regulatory Branch Action ID No. 199601389 and State Permit No. 85-96 Roanoke Bible College 714 First Street Elizabeth City, North Carolina 27909 Dear Sir: Reference your application for a Department of the Army (DA) permit to construct and backfill a bulkhead, on property owned by the Roanoke Bible College, located off of North Poindexter Street, adjacent to Knobbs Creek and the Pasquotank River, Elizabeth City, Pasquotank County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of General Permit No. 198000291. Therefore, you may commence construction activity in strict accordance with applicable State authorization and the enclosed plan. Failure to comply with the State authorization or conditions of the general permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Regulatory Field Office, telephone (919)975-1616, extension 23. Sincerely, Raleigh Bland, P.W.S. Regulatory Project Manager Enclosure Copies Furnished without enclosure: Director, Atlantic Marine Center National Ocean Service ATTN: MOA 232X1 439 West York Street Norfolk, Virginia 23510-1114 -2- Mr. John Dorney Division of Environmental Management North Carolina Department of Environment, Health and Natural Resources 4401 Reedy Creek Road Raleigh, North Carolina 27607 Mr. Thomas Welborn, Chief Wetlands Regulatory Section - Region IV Wetlands, Oceans and Watersheds Branch U.S. Environmental Protection Agency 345 Courtland Street Atlanta, Georgia 30365 Mr. John Parker vision of Coastal Management orth Carolina Department of Environment, Health and Natural Resources Post Office Box 27687 Raleigh, North Carolina 27611-7687 Mr. John Hefner U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Larry Hardy National Marine Fisheries Service Pivers Island Beaufort, North Carolina 28516 Mr. Richard Watts, District Manager Elizabeth City Regional Office North Carolina Division of Coastal Management 1367 U.S. 17 South Elizabeth City, North Carolina 27909 RECEIVED+ JUN! 7 1996 COASTAL f?A@IAGEMG T , State of North Carolina Department of Environment, Health and Natural Resources / • Division of Coastal Management James B. Hunt, Jr., Governor p E H N IR Jonathan B. Howes, Secretary Roger N, Schecter, Director February 21, 1996 Mr. Phillip N. Alligood Roanokesi11111111110tillegew 714 First Street Elizabeth City, NC 27909 Dear Mr. Alligood: The Division of Coastal Management hereby acllges receipt of your application for State approval for development of your property located 1106 N. Poindexter Street, Pasquotank River, Knobbs Creek, Elizabeth City, Pasquotank County. It was received on January 29, 1996, and appears to be adequate for processing at this time. The projected deadline for making a decision is86. 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 frial action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. 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 1367 U.S. 17 South, Eltrabeth City, North Carolina 27909 Telephone 919-264-3901 FAX 919-264-3723 An Equal Opportunity Afttrmative Action Employer 50%recycled/ 10%post-consumer paper f February 21, 1996 Page #2 questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. DWH/dc Enclosure cc: John Parker Richard L. Watts Sincerely, &� A. Cop�P� �P Dennis W. Hawthorn Field Representative I January 31, 1996 Dennis Hawthorn: MAR The section at Roanoke Bible College campus that we propose the bulkhead is used as a picnic and recreation area. This section of campus is about twelve acres in size; the north end borders on Knobbs Creek. Chesapeake Forest Products uses the creek with their boats and barges, but what is causing even faster erosion is the many trips per day that the crab boats make in to the crab house beyond our property. In the past six months there has been enough erosion at the head of Poindexter Street that the barricade fell in and D.O.T. had to replace it. Right in that area there has been almost two (2) feet of erosion in the past six months. The bulkhead will be sheet steel, put in place by a floating crane. The bulkhead will be adjacent to high land, no wet land to be involved with bulkhead. The alignment of the bulkhead will average about T-0" waterward, (from against shore to a maximum of 15'-0" in one area). This is to make navigation of Knobbs Creek safer. To help do this we also propose to remove the concrete dedick (which was turn stile from the old railroad bridge) and to remove the end of the railroad bed which projects out into the south side of Knobbs Creek. We believe this project will not only make the area more attractive, but will also preserve the trees which remain along the shore line, plus be safer for boat traffic. Sincerely, Phillip Alligood Superintendent Building and Grounds CERTIFIED MAIL RETURN RECEIPT REOUESTED: JAN 2 2 1996 Dear Che6!?4eale F6ve sf �vv� cfs (RIPARIAN LANDOWNEWS NAME) // This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. Rah/ ok P '94le (YOUR NAME 61e plans to construct (YOUR CONSTRUCTION PLANS) in r1,'2-aJ-eei'l, The sketch on the reverse side accurately depicts the proposed construction. (CITY/COUNTY) Should you have no objections to this proposal, please check the statement below, sign wd blanks below the statement and return this letter to: Re e va /c e A 41e Co �/� Le - 7/ H Ft (YOUR NAME AND ADDRESS Fllza 2e f/ 1, , /V C, 7909 as soon as possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sincerely, 'a'Ve Zo//% 2 x GGN� I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. (RIPARIAN LANDOWNER SIGNATURE) (DATE) By signature below I have agreed to the encroachment of this project within my riparian corridor and have waived the minimum setback of 15 feet from my property line. (RIPARIAN LANDOWNER SIGNATURE) WA) CERTIFIED MAIL C RETURN RECEIPT REQUESTED: �� ` ' "`' JAN 2 2 1996 Dear /yi 14V YU 1101111e (RIPARIAN LANDOWNER'S NAME) This letter is to notify you as an adjacent riparian landowner of Mr./Mrs. Rogtiale 5) ale (YOUR N Ca/e e plans to construct 3Od/e,f /k�iE�ie4q/ k�6�s Crr e C (YOUR CONSTRUCTION PLANS) in ��i29 i y . The sketch on the reverse side accurately depicts the proposed construction. (CITY/COUNTY) Should you have no objections to this proposal, please check the statement below, sign and date the blanks below the statement and return this letter to: ROR.Nok e Z31le Cc 11e4e _ 7 Pr: s Jt S �r L A/ (YOUR NAME AND ADDRESS 'F/' ( c 1;e 9y%/ as soon as possible. Should you have objections to this proposal, please send your written comments to N.C. Division of Coastal Management, 1367 US 17 South, Elizabeth City, NC 27909. Written comments must be received within 10 days of receipt of this notice. Failure to respond in either method within 10 days will be interpreted as no objections. Sincerelyp��d4��/M�e �'b/f Cam/// e v I have no objections to the project as presently proposed and hereby waive that right of objection as provided in General Statute 113-229. I have objections to the project as presently proposed and have enclosed comments. �� Gl Z �J✓ (RIPARIAN LANDOWNER SIGNATURE) (DATE) By signature below I have agreed to the encroachment of this project within my riparian corridor and have waived the minimum setback of 15 feet from my property line. (RIPARL&N LANDOWNER SIGNATURE) (DATE) m SENDER: I also w sh to receive the v •Complete items 1 and/or 2 for additional services. W •Complete items 3, 4a, and 4b. following services (for an m •Print your name and address on the reverse of this form so that we can return this extra fee): card to you. •Attach this form to the front of the mailpiece, or on the back if space does not 1, ❑ Addressee's Address w permit. ° Write 'Return Receipt Requested'on the malpiece below the article number. 2.0 Restricted Delivery x sa •The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. v 3. Arficle Addressed to: 4a. Artic Number c 5738yzo� 5 ' E O i r' 4b. Service Type [3 Registered Certified In / / A ..,� p� ❑ Express Mail Insured Lu �iz9b1 �/I C r rye /v• ❑ Return Receipt for Merchandise ❑ COD a 2 rf dig 7.DateclDeliyery/ C,� z Rece' d : (Pant Name) 8. Addressee's Address (Only if requested "r- and fee is paid) - i g 6. Signature: Addressee or Agent) PS Form 3811, December 1994 Domestic Return Receipt SENDER: ' v •Complete Hems 1 andtor 2 for additional services. I also Wish i0 receive the - e •Complete items 3, 4a, and 4b. following services (for an - _ in •PPdndt your name and address on the reverse of this form so that we can return this extra fee): to •Attach this form to the front of the mailpiece, or on the back if space does not o 1, ❑ Addressee's Address -Write permit. Receipt Requested'on the meilpiece below the article number. c 2.❑ Resldcted DBIIVary u - - - - -The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmasterforfee. 0 0 m 3. Article Addressed to: 4a. A cle Number u A4 A/ /%s2 r,1 e / 53 3 U _ E -•� 4b. Service Type a /ODO �1 o y G P �r t ❑Registered � Certified a / y c o❑ ❑ Express Mall ❑ Insured 6 Return Receipt for Merchandise ❑ COD 7. Date of alive -- - -"--M - S. Received By:(Pdnt Name) 8. ddrssee' Address (Only if requested fee is _ ¢ andaid) RECEIVEI F - 6. Signature: (Addressee or Agent) JAN 9 2 1996 - ' — PS Form 3 1, December 1994 Domestic Return Receipt • m'SENDER: .. O •complete items 1 anri/6r 2 for additional services." I also wish to receive the f0110W1n services for art 9 1 m m •Complete items 3,4a,and 4b. -•- .Print your name and address on the reverse of ihisJortn so Nat we can return this extra fee): " ` _ m card to you. .Attach this forth to the from of the mailp!am, or onlhe back if space does not 1. ❑ Addressee's Address .° 6 permit. •Write'Retum Receipt Requested' on the mailpiece below the article number. •The Return Receipt will show to whom the article was delivered and the date 2.0 Restricted Delivery x - delivered. Consult postmaster for fee. ' ° u 'Be//��// 3. Article Addressed to: L�' e%�/- R r7Gr'/� e l m/C$� '/ ' r/ 4a. rticle Number {/�pJ �j p t � 3 n G Z p 61 u2 (,fJ eS P.:� � „t� 4b. Service Type Certified " inn�• / �7 B� / -x- •- ❑Registered ❑ Express Mail [I Insured . cc/ �(� /,/ �/ �, ❑ Return Receipt for Merchandise ❑ COD 7.Date ofDelivery cl/.' a 9 �75'D/ ND,� —7 1995 RECEIVED I °. and lee is paid) g °. t)g(naxure: y�Jy/vj^"i a �� JAN 2 2 L!.] in PS Fonn 381 ,,Decemb 19 4 Feb-22-96 12:59P ROANOKE BIBLE COLLEGE 919-338-0801 P.02 b. 1ondiscr minationl The contractor, with regard to the work performed by it during th' contract Shall not discr m na a on he grounds of rats, color, or national origin in the Selection and retention off' subcon. traotora including procurements of materiel& and leases of equipment. Tho contractor Shall not partici- pate sitter directly or indirectly in the discrimination prohibited by Section 21.5 of the Ragulations, including employmentpractices when the contract covers a program set forth in Appendix 8 of the Reguletione, a. 894111ptionn for 9ub�r ntr cq ts, Inoludina Procurements of Meterie n and Eeulnme In all solicitations e er y compsCIM �3tng or negotiation hado y the con rat oY 1or war o performed under a aub• contract, including procurements of sataziale or lasses of equipment Seeh potential Subcontractor or Supplier shall be notified by the contractor of the contraotorra obligations under this contract and the Regulation& relative to nondiscrimination on the grounds of race, color, or national origin. d. Infurmilee and Rxnortrl The rnatraetur shall provide All Information and reports required by the Regulations, or 01re4tivas Issue pursuant t efote, and shall pseals ..eels to it. books, records, accounts, other scurcoi of Informs tlOA, and Its facilities AS may be detarmined by the De;aitmant of Transpar tatlnn or the Federal highway AdnlnlstratleA to be pertinent to ascertain compliance with Suth Regulations of directives. Where any Information required of a contractor Is In the exclusive possession of another who falls or refusal to Iwrnlah thl{ information, the contractor shall to certify to the Dapartmans of Transportation, or the Peagril Highway Administration a approj,f late, and shall gat forth what efforts it has mad* to obtain the Informetlon. a. 5*neliong /ef Non Cem Ile ncal In ins event of the controctor'a nenewplianee with the nondiscrimination provisions of this contract l e •p♦remOn[ a renrp0([aticn shall Impose such contact sanctions as It or the Federal Highway Administration may determine to be oppr.pr-iats. Including, but hot limited to, (:} withholding of payments to the Contractor under the contract until the toter+.tor compiles, andfor (3) eanc*Ilation, termination or suspension of the contract, In whole or in part, f. In Corr oration o! Provi110M: The o0ntrs.tOr [hall Include [he provlSleM of paragraphs "a" through "f" In every subcontraet, eel eluding Prot r.manas o mt title is and losses of steer,grant, unless exempt by the 0.epulatlons, oar di/&silver IfaupO vurwant thereto. The contractot shall tak* such action with respect 90 any subcontract or protur*mant a. the Dapartmenc of Transportation or the Federal Highway Adminlabratl on may direct as A mans of enforcing such provisions Including sanctions for nonepmpl tenser rrovldad, however, that. In the *vent a contractor beeona involved In, or Is threatened with, litigation with a Subcontractor or aappllar as a result of Such direction, the 0*nrAcar may request the department of Tranapoftatlen to enter into such IltigatloA to protect the Interests of the State, and, In Addltlen, the wntaetor may request the United States [o antar into .Uch Iltlgatlon to precast the Interests of the United $tAtoa. IN WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed in the day and year first above written. ATTEST OR WITNESS, �' 7T� 1yI QFYx,� old/a'yrU r'//, tJOrV23' DEPARTMENT OF TRANSPORTATION BY: DIVISION ENGINEER ♦ ram"__ A� Ia...Cv �,/ / r Second Party INSTAUCTIDNs uhan the applicant Is a corporation at a municipality. this agreement most hen eha Corpea is tat; and b* attaated by eM eerperatlon secreterY or by the *mpw-r*d city official, unless a walver of cc to to goal and attestation by the secretary or by .the enpwergd City official to On file In he Ralalgh office of the Nan-ger of Right of Way. In the span provided In this Agreamest for execution, the name of the corporation or municipality shall bat typed above the name and title of all person$ Signing the Agreement should be typed directly below their Signature. This aoreAmmnt mart be Accompanied, In the form of an Attschmant, by plans or drawings Showing the rollwing •ppllosble Informetlon: 1. All roadways and ramp, 7. It t Of way lines and where Applicable, the control of access lines I. LeeAtlOn of the Waging and/or proposed *,,roaheant q. Length, Sin and type of encroachment 5• Method or Installation 6. dimensions Showing the distance from the encroachment to edge of p4v4menz, Shoulders, Rruttures, Ott. T, Location by highway survey Station number, If :tptivo number cannot be obtained, location Should be shown by dis- distance frown cane Identifiable point, such at a bridge, road. Intersection, ate, (to Assist In sreparatlon of the ahMachmant plan, the department's roadway plant may be Soon at the various Highway Division offices, of at thS Aalclgh office.) 5. Draica94 Struetura Or bridgev If Affected by encroachment (she. vartieel and horizontal dlmanslon{ front encroach. went to nearest part of strutturs) 9. Method of attachment to drainage structures or bridges. 10. Manhols .design 11, On underground utilities, the depth of bury under all eravaled IAnp. Shoulders, ditches, 'Sidaatks, etc. Ir, Length, slat and type of encasement where required, q. on underground erosslngjA notation as to method of eressing • boring and Jacking, open cut. SIC. 14. Location of vents DENEML RSDUaEMSNTs I, Any Attachment to • bridge or other dralnees strutturs mugs be approved by the Head of structure Design In Raleigh or for to submission of encroachment aoroomant to the Dlv is tan Engineer, r, Ail crossings should be as Meer As possible normal to the canterllne of in* highway. ), Mlnimun vertical clearances of overhead wlr*r and cabin above all roadways molt conform to eharsnegs rat out In the ca[lonal EIACtrIC Safety Cede. q• EnOatameees Shall gxtgnd from ditch line to ditch line In Cut IactIOAS And 5' beyond toe of Slopes In fill sections. 5• All vents Should bat extended to the right of way ilne or as otherwise required by the Dapaftm*nt. b. All alp• *nc.esnantl as to m+t*rl.l And Strength gh.I1 meet the Standards and apeelfl,allon, or the Deportment. 7• Any special provisions Or spaelflutlOAS As to the performance of the work or the method of Construction that may be ,:social red by th- Department must be shown an a ,Dena theses attached to ancroeelrMnt apreeatnt provided that Such Information cannot be shorn en plans or drawings,. a, The O-partA4At1S plvlSIM Englnner should be given notice by the Applicant prior to Aetal StAttlnq of installation Included In this Agreement, eRIlUT STATE OF NORTH CAROLINA SR 1329 PROJECT Bulkhead COUNTY OF pacauotank DEPARTMENT OF TRANSPORTATION 4 1 AY ENCROACHMENT AGREEMENT p -AND- P�x SECONDARY HIGHWAYS ble ege k Roanoke City, NC .. 1a M�ryq 441 F�996 27909 C THIS AGREEMENT, made and entered into this theme by and between the Department of Transportation, party W I T N E S S E T H1 ,of 0 19 the Irst part; an — party of the second part, THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as Route ySR 1329 , located at the north east end of.North Poindexter Street MEN the construction and/or erection of Bulkhead WHEREAS, it Is to the material advantage of the party of the second part to effect this encroachment, and the party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the limits of the right of way as Indicated, subject to the conditions of this agreement; NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second part the right and privilege to make this encroachment as shown on attached plan sheet (s), specifications and special provisions which are made a part hereof upon the following conditions, to wit: That the installation, operation, and maint•nar.te of the above dodcrlbed facility will be accomplished in ac. Cordance with the party of the first parrs latest POLICIES AND _PROCEDUM FOR C tl(�1WODATING UTILITIES CN HIGHWAY RIioF•WA and ouch revieSono and amendments thereto an may bs Tn arre n ih• da ■ apregimen n- oYI matron a`e�{o these policies and procedures may he obtained from the Division Engineer or State Utility Agent of the party of the first part. That the said party of the second part binds and obligate* himself to install and maintain the encroaching facility in such safe and proper condition that it will not interfere with or endanger travel upon said highway, not obstruct nor interfere with the proper maintenance thereof, to reimburas the party of the first part for the coat incurred for any repairs or maintenance to its roadways and structures necessary due to the installation and ex- i■tence of the facilities of the party of the second part, and if at any time the party of the first part shall requite the removal of or changes in the location of the said faellitivs that the said party of the second part hinds himself, his aucceosors and assign., to promptly remove or elteY tits said fseil3Si*P, in order to Conform to the a*id requirement, without any eoet to the party of the first part. That the party of the second part agree* to provide during construction and any subsequent maintonance proper VIVA ■ eigihnl lights, flagm*n and other warning devices for the protection of traffic in conformance with the latest Fhnual en Unirorm Traffic Control Device* for Dtreeta and Highways and Amendments or Gupplomsnta thereto. Infoy- mation as to the Above ruled and regulations may be obtained from the Division Engineer of the party of the first part. That the party Of the second pert hereby agree, to indemnify and save herml*ee the party of the first part from all damage■ and claims for damage that may arise by reason of the installation and maintenance of this on- eroachmsnt. That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction of the Diviaion Engineer of the party of the first part. The party of the eocond part agrees to exercise every reasonable precaution during Construction and maintenance to prevent eroding of Boil; silting or pollution of rivers, streams, la);ea rcoervolra, other water impoundments, ground surfaces or other property; or Eollution of the air. There aha).1 ie compliance with applicable rule- and regulations of the North Circllna ,vision of Environmental Management, North Carolina Sedirontation Control Commission, and with ordinances And requlatlona at various counties, muni.-ipnlitiee and other Official aganciea relating to pollution provention and control. When any installation or maintenance operation disturbs the ground surface and the existing ground cover, the party of the second part agreea to remove and replace the God or otherwise reestablish the grass cover to most the aatiafactlon of the Division Engineer of the party of the first part. That the party of the second part egress to aaeume the actual coat Of Any Shdpection of the work conaJoared to be n*cvseary by thO Division Engineer of the party of the flyst part. That the party of the second part agrees to have available at the construction site, at all times during Con- struction, a copy of this agreement showing evidence of approval by the party of the first part. Tha party of the first part reaervoa.the right to'atop all work unless evidence of approval can be shown. plrtypofvthe aboard partoagreendtongivhsawrittenent in notic on the Divisionerformed on a Engineerlof completed party open to traffic; the when all wcrh contained herGiA hne been completed. Unleaa e.etlflcall re ueet party of the !Stet part written notico of completion of work on hi I y 9 *d by the party of the first part, mP highway proJeoSe under construction will not be required. That in the coca of noncompliance with the terms of this agreement by the party of the second FFart, the party of the firat part reserves the right to stop all work until the facility had been brought into compliance or rt- moved from the right of way at no coat to the Party of the first part. T)ml it la uyl Oeu l.y both pglllba !bat thle agr... kni ehdli L*roov veal if actual construction of the work Contemplated nervin is hot Degyn within one Oil year rrom the ads, or authorization by LA* party or the that part unleea written waiver i* secured by the party of the Gveand part from the party of the first part. During the performonce Of this contraett the eee,Ond party, for itself, its 4e9lghoes and successors in intereot (horeinaftcr referred to do the ^contractor-1, agreea as follows: a, COMPll,.ncg with p"•�litionet Tho rentrnctcr ehgll comply with the Regulations r0ative to nondiscrlmin- yiT o!—n al�'a vd�ly.ut,e as e. prOgrar.a at the U. Department of Ttonsportdtfon, Title 19, Cods of Federal ROqul at Sono, port tl, as they may Iw .mended from time to time, (hereinafter referred to Ad the kcqula- tione), which are herein incorporated Ly raforenne and made a part of this contract. FORM R/W 16.1 (Rev. July 1, 1977) _._` 1tit GCIVEU NORTH CAROLINA WAKE COUNTY I, Evelyn G. Harper, a Notary Public, certify that C. 0. WAGNER person- ally came before me this day and acknowledged that he is Secretary of NORFOLK SOUTHERN RAILWAY COMPANY, a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its President, D. A. FLAMMIA, JR. sealed with its corporate seal, and attested by himself as its Secretary. WITNESS my hand and Notarial Seal, this 14th day of December 1972. / i• My Commission expires May 22, 1975. idALr;� : • Sea-7.�:�ere) u _ 4 NORTH CAROLINA PASQUOTANK COUNTY Th-e foregoing or annexed certificate of Evelyn G. Harper, a Notary Public of Wake County, State of North Carolina, is certified to be correct. This 14th day of December, 1972. RECEIVED This conveyance is also subject to an easement for a strip of land generally twenty (20) feet wide reserved for �AN Z 2 1996 railroad purposes only, the center line of which is more par- ticularly described as follows: PARCEL A: Beginning at the point where the center line of Railway's sidetrack crosses the southerly line of Poindexter Street; thence along the center line of said Railway's said sidetrack: 200 feet,more or less, to a point; thence around a curve to the right 350 feet, more or less, to a point; thence 445 feet, more or less, to the end of the Railway's sidetrack; containing 0.46 acres, more or less. PARCEL B: Beginning at the center line of Railway's sidetrack at the former Norris Grain Company's point of switch; thence in an easterly direction along the center line of the sidetrack formerly serving Norris Grain Company around a curve to the right 270 feet, more or less, to the northwest line of the property formerly owned by Norris Grain Company; containing approximately 0.09 acres. It is understood and agreed that should said strip of land ever cease to be used by Norfolk Southern Railway Company or its successors or assigns for railroad purposes, said twenty (20) foot strip of land shall thereupon and without the neces- sity for further conveyance be and become the property of Roanoke Bible College, Inc., its successors and assigns as though this reservation had never been made. TO HAVE AND TO HOLD the aforesaid premises, together with all of the privileges and appurtenances thereunto belonging unto it, the said party of the second part and its successors and assigns in fee simple absolute, forever. AND the said party of the first part, for itself and its successors, hereby covenants to and with the said party of the second part and its successors and assigns, that it is seized of the said premises in fee simple, and that it has good and lawful right to convey the same in fee simple, and that the same is free and clear of any and all encumbrances, except as herein set forth, and that it does hereby forever warrant and will forever defend the title thereto against the lawful claims of any and all persons whomsoever. IN WITNESS WHEREOF, said party of the first part has caused these pre- sents to be signed in its -name by D. A. FLAMMIA, JR., its President, and its corporate seal to be hereunto affixed and attested by C. 0. WAGNER, its Secretary, all by authority of its Board of Directors duly given, this the day and year first above-writtifa� v) Cbrporate Seal+): `1ATTEST: r 6 .'Secre ary 3 - NORFOLK SOUTHERN RAILWAY COMPANY By. President Fcf.."1` (t:0 PARCEL NO. 3: Beginning at a point in the southeast line of Poindexter Street, said point being distant J�N 2 2 1996 320.0 feet mortheast of the intersection of the north- east line of Burgess Street and the southeast line of Poindexter Street; thence along the southeast line of Poindexter 60.0 feet to a point;•thence southeestwardly and at right angles to Poindexter Street 40.0 feet to a point; thence southwestwardly and parallel to Poindexter Street 60.0 feet to a point; thence northwestwardly 40.0 feet to the point of beginning, said parcel containing 2,400 square feet, more or less. The described parcel of land contains approximately 18.0 acres, more or less. This conveyance is made expressly subject to a perpetual right of passage at grade over a strip of land thirty (30) feet in width, said perpetual right of passage having been conveyed by Norfolk Southern Railway Company to Norris Grain Company of New York, Inc., in 1952 by deed of record with the Register of Deeds of Pasquotank County, North Carolina, and described in said deed as follows: "the perpetual right of passage at grade over a strip of land thirty (30) feet in width, extending from the northerly line of said Parcel No. 2 to the southerly line of said Parcel No. 1 over Grantor's tracks and property, the easterly boundary line of said thirty (30) foot strip being the easterly.line, as projected, of said Parcels 1 and 2, and the wester- ly line of said thirty (30) foot strip being parallel to said easterly boundary line and thirty (30) feet therefrom as measured at right angles thereto." The Grantor referred to in said description was Norfolk Southern Railway Company and Parcels 1 and 2 referred to therein are the same as Parcels 1 and 2 above -described. This conveyance is further made subject to a perpetual easement for the construction, maintenance, repair and use of a 24" C.I. Force Main Sewer and a 6" C.I. Water Line under a thirty (30) foot strip of land conveyed by Norfolk Southern Railway Company to City of Elizabeth City by deed of record with the Register of Deeds of Pasquotank County, North Carolina,.on July 15, 1965, in Book 274, Page 512, in which conveyance said easement is described as follows: "A thirty (30) foot wide right of way, being fifteen (15) feet each side of a centerline, as measured at right angles, said centerline being de- scribed as follows: "Beginning at a point fifty-seven (57) feet southwesterly from the southwesterly abutment of a bridge over Knobbs Creek, said point being in the southeasterly property line of Poindexter Avenue (formerly Pennsylvania Avenue) and running thence south 35 deg. 30 min. east for a distance of two hundred forty-six (246) feet, as measured at right angles with the center line of Poindexter Avenue to a point; thence north 73 deg. 15 min. east for a distance of two hundred eleven (211) feet to the center line of Knobbs Creek and the end." - 2 - NORTH CAROLINA PASQUOTANK COUNTY PREPARED BY: John M. Simms, General Counsel Norfolk Southern Railway Co. THIS DEED, Made this 14th day of December 1972, by NORFOLK SOUTHERN RAILWAY COMPANY, a Virginia corporation, party of the first part, to APASOKE BIBLE COLLEGE, INC., party of the second part; RECEIVF� WITNESSETH, THAT jAN221996 For and in consideration of the sum of ONE HUNDRED TWENTY-FIVE THOUSAND DOLLARS ($125,000.00) cash in hand paid by the party of the second part to the party of the first part, receipt of which is hereby acknowledged, said party of the first part has given, granted, bargained and sold, and by these presents does give, grant, bargain, sell and convey unto the said party of the second part and its successors and assigns forever, the following described property, to -wit: 11111111111 .2! x C3 MP O ui io 0 CV r uj That certain parcel of land located in Elizabeth City, Pasquotank County, North Carolina, more particularly de- scribed as follows: All that parcel of land bounded on the north by Knobbs Creek, on the east by Pasquotank River; on the south by Burgess Street and on the west by Poindexter Street, less and except the following described parcels of land which are not included in the conveyance: PARCEL NO. 1: Beginning at a steel bar in the southeast line of Poindexter Street, said bar being dis- tant 935 feet northeast of intersection of the center line of Broad Street with the southeast line of Poindexter Street; thence southeastwardly at right angles to Poindexter Street 163.9 feet to a point; thence westwardly along a curve to the right whose radius is 516.44 feet to a steel pin in the southeast line of Poindexter Street; thence northeastwardly along the southeast line of Poindexter Street 239.7 feet to the point of beginning, containing 0.53 acres, more or less. PARCEL NO. 2: Beginning at a steel pin being 243.15 feet southeast of the point of beginning of Parcel No. 1, as measured at right angles to Poindexter Street; thence southwestwardly deflecting 00-16' to the left from a line parallel to Poindexter Street 321.4 feet to a steel pin; thence southwestwardly deflecting 86-58' to the left 455.0 feet to a steel pipe; thence southeastwardly deflecting 800-46' to the left 27 feet, more or less, to a point in the shore line of the Pasquotank River; thence northeast- wardly along the shore line of said river to a point 219 feet, more or less, southeast of the point of be- ginning as measured at right angles to Poindexter Street; thence northwestwardly 219 feet, more or less, to the point of beginning, containing 2.8 acres, more or less.