45-05 Town of North Topsail Beach

Pen'nit Class Permit Number
NEW 45-05
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
r
,Permit 'llillill P-M.PT
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Town of North Topsail Beach, 2008 Loggerhead Court, N. Topsail Beach,NC 28460
Authorizing development in Onslow County at adj. Atlantic Ocean and Mason Creek, NC
10 and SR 1568 as requested in the permittee's application dated 7/23/04 (MP-1) & 7/19/04
f (M P-3), in I. attached drawings (2), C 1 & D 1, both dated 7/23/04, & attached AEC Hazard Notice dated 8/26/04
This permit, issued on March 22. 2005 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Bike Path Construction
1) Prior to the initiation of any construction authorized by this permit, a representative of the Division of
Coastal Management shall stake the limits of the large structure (120 feet) setback. All portions of the
` authorized bike path shall be constructed landward of the large structure setback. Construction must
begin within 60 days of these determinations. Failure to initiate construction, or erosion of the shoreline
by adverse weather conditions, shall require these limits to be restaked by the Division.
2) All construction within the Ocean Hazard AEC shall comply with all applicable requirements of the
N.C. Building Code and the local flood damage prevention ordinance as required by the National Flood
Insurance Program. If any provisions of the building code or a flood damage prevention ordinance are
inconsistent with any AEC standards, the more restrictive standard shall apply.
f
f (See attached sheet for Additional Conditions)
{
This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the
other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission.
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 //j/
personnel when the project is inspected for compliance.
harles S. Jones, Director
any m�iintenance work or project modification not covered
Division of Coastal Management
f hereunder requires further Division approval.
i
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
December 31, 2008
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
¢ Management Program. Signature of Permittee

J
Town of N. Topsail Beach Permit#45-05
Page 2 of 2
ADDITIONAL CONDITIONS
3) is
y structure •thin the Ocean Hazard AEC shall be relocated or dismantled when it becomes
ed by changes in shoreline configuration. The structure(s) shall be relocated or
ma o years of the time when it becomes imminently threatened, and in any case upon
its collapse or subsidence. However, if natural shoreline recovery or beach renourishment takes place
within two years of the time the structure becomes imminently threatened, so that the structure is no
longer imminently threatened, then it need not be relocated or dismantled at that time. This condition
shall not affect the permit holder's right to seek authorization of temporary protective measures allowed
under the Rules of the Coastal Resources Commission.
Sedimentation and Erosion Control
NOTE: An Erosion and Sedimentation Control Plan will be required for this project. This plan must be
q P J
filed at least thirty (30) days prior to the beginning of any land disturbing activity. Submit this
plan to the Department of Environment and Natural Resources, Land Quality Section, 127
Cardinal Drive Extension, Wilmington, NC 28405.
f 4) Appropriate sedimentation and erosion control devices, measures or structures must be implemented to
ensure that eroded materials do not enter adjacent wetlands watercourses and property e silt fence
J p p Y ( •g• ,
diversion swales or berms, sand fence, etc.).
Stormwater Management
5) The N.C. Division of Water Quality approved this project under stormwater management rules of the
Environmental Management Commission under Stormwater Permit No. SW8040730, which was issued
on 9/9/04. Any violation of the permit approved by the DWQ shall be considered a violation of this
` CAMA permit.
r
f
F
f
� General
6) No vegetated wetlands shall be excavated or filled, even temporarily.
7) Prior to the initiation of any activities authorized by this permit, easements or similar legal instruments
4 shall be obtained from the N.C. Department of Transportation or any other affected property owner(s).
f
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
fapprovals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
r
dependent activities are not authorized within 30 feet of the normal high water level.
s
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To,4n of Emerald Isle— Bogue Inlet Channel Relocation Permit#127-04
Page 2 of 2
ADDITIONAL CONDITIONS
4) Should the Division of Coastal Management determine that the modified project has caused direct
impacts to marshes adjacent to the project such that elevation, speciation, stem density, or escarpment
edge (as set forth in the monitoring commitments of the Biological Monitoring and Mitigation Plan) are
negatively effected, the applicant will take any mitigative or restorative measures deemed appropriate by
the Division of Coastal Management in consultation with other review agencies to restore the site to pre-
project conditions.
5) Should the Division of Coastal Management determine that the modified project has caused direct
impacts to the tidal creeks adjacent to the project such that elevation or navigability (as set forth in the
monitoring commitments of the Biological Monitoring and Mitigation Plan) are negatively effected, the
applicant will take any mitigative or restorative measures deemed appropriate by the Division of Coastal
Management in consultation with other review agencies to restore the site to pre-project conditions.
f 6) This minor modification must be attached to the original of Permit No. 127-04, which was issued on
9/9/04, as well as the amended pen-nit of 10/10/04, and the minor modification of 12/21/04, and copies
of all documents must be readily available on site when a Division representative inspects the project for
compliance. All conditions and stipulations of the original permit remain in force under this minor
modification unless altered herein.
f
i
JA?P� /JJ JJ

A�
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
March 23,2005
Town of North Topsail Beach
2008 Loggerhead Court
North Topsail Beach,NC 28460
Dear Sir:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. Please sign both the original (buff-
colored form) and the copy. Return the copy to this office in the enclosed envelope. Signing the permit and
proceeding means you have waived your right of appeal described below. Please retain the original(buff-colored
form),as it must be available on site when the project is inspected for compliance.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-
121.1 or 113-229.Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office
of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, [phone] within twenty
(20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid
objection to the issuance of this permit within twenty(20)days, the matter must be resolved prior to work initiation.
The Coastal Resources Commission makes the final decision on any appeal.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be
carried out in accordance with your application. Modifications, time extensions, and future maintenance require
additional approval. Please read your permit carefully prior to starting work and review all project plans, as
approved. If you are having the work done by a contractor, it is to your benefit to be sure that he fully understands
all permit requirements.
From time to time,Department personnel will visit the project site.To facilitate this review,we request that
you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise
concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel
at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally
important coastal resources.
Sincerely,
Douglas V. Huggett
Major Permits and Consistency Manager
Enclosure
1638 Mail Service Center, Raleigh, North Carolina 27699-1638
Phone: [phone] FAX: [phone] Internet: http-//dcm2.enr,state.nc.us
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Town of North Topsail Beach/Bike Path Project
2. LOCATION OF PROJECT SITE:Located between the Town of North Topsail Beach Town Hall on NC
Highway 210 and Onslow County Beach Access No.4,adjacent to the Atlantic Ocean and Mason Creek, in
North Topsail Beach, Onslow County.
Photo Index-2000: 28-386 P-T, 7-22 1995:28-373 P-U, 7-22 1989: 167-9 M-Q,4-19
State Plane Coordinates-X: 2476484 Y: 274386 GPS File: SI 10219A
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE. Dates of Site Visit— 11/02/04
Was Applicant Present—No
5. PROCESSING PROCEDURE: Application Received— 10/25/04 DEC 1 6 2004
Office-Wilmington 11
6. SITE DESCRIPTION: Morehead City A
(A) Local Land Use Plan—North Topsail Beach �V
Land Classification From LUP—Conservation/Urban Transition
(B) AEC(s)Involved: OH ES OR
(C) Water Dependent: No
(D) Intended Use: Public
(E) Wastewater Treatment: Existing—North Topsail Utilities Planned -N/A
(F) Type of Structures: Existing—Highway road surface and utilities
Planned -Bike Path
(G) Estimated Annual Rate of Erosion: 2 ft./yr.
Source- 1998 LTASCR
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A)Vegetated Wetlands
Coastal
(B)Non-Vegetated Wetlands
(open water
(C)Other 78,000 sq. ft.
High ground disturbed
(D) Total Area Disturbed: 78,000 sq. ft. (1.8 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: Atlantic Ocean- SB,Mason Creek-SA ORW Open: Yes
8. PROJECT SUMMARY: The applicant is proposes to construct approximately 5,200 linear feet of asphalt
bike path.

Town of North Project J
Topsail Beach/Bike Path Proj IF
RIV
P
Page Two ED
DEC 1 6 2004
9. PROJECT DESCRII'TION: N "iRJqP4l=Mw
The project site is located between the North Topsail Beach Town Hall onC
County Regional Beach Access No.4 on NCSR 1568,within the Town of North Topsail Beach,adjacent to
the Atlantic Ocean and Mason Creek, in Onslow County. To find the site,travel over the NC Highway 210
High-rise Bridge onto North Topsail Beach. The North Topsail Beach Town Hall (beginning of project)will
be just over the Bridge on the left.Just past the Town Hall make a left turn onto NCSR 1568. The proposed
project terminates at the Onslow County Beach Access site located approximately one mile north of the Town
Hall.
The project path lies completely within the right-of-way of NC Highway 210 and NCSR 1568. The area
within the right-of-way is generally flat and consists primarily of Bermuda grass and dune vegetation. Average
elevations in the project area are approximately 7 to 14 feet above mean sea level.
The waters of the Atlantic Ocean are classified "SB"by the Division of Water Quality. The waters of Mason
Creek are classified"SA ORW". Mason Creek is designated as a Primary Nursery Area by the Division of
Marine Fisheries and is open to the harvesting of shellfish.The long term average annual erosion rate for this
area of Topsail Island is 2 feet/year. The 100 year storm recession line for this area is 140 feet near the Town
Hall and 160 feet just north of the Town Hall to the northern project boundary. This creates a total Ocean
Erodible Area AEC of 260 feet and 280 feet respectively.
PROPOSED PROJECT:The applicant is proposing to construct approximately 5,200 linear feet of 10 feet
wide asphalt bike path.The bike path would begin at the North Topsail Beach Town Hall parking lot located
on the northeast side of NC Highway 210. The bike path would be located approximately 10 off the edge of
pavement and would extend along the northeast side of NC Highway 210 for approximately 300 linear feet.
The bike path would then turn northeast and run along the north side of NCSR 1568 for approximately 2,100
linear feet. At this point the bike path would cross NCSR 1568 and continue an additional 2,800 linear feet to
the Onslow County Regional Beach Access No. 4. The bike path would cross NCSR 1568 once again to
connect to the recently developed North Topsail Beach Town Park located between NCSR 1568 and Mason
Creek. Approximately 600 feet west of the terminus of the project the bike bath would run just south of an
existing bridge which spans an area of 404 and Coastal Wetlands.In this area,in order to stay within the Right-
of-Way,the bike path would taper to a width of 8 feet for a distance of approximately 360 feet. In this area,
the bike path would maintain a 6 feet separation distance from the edge of 404 Wetlands.The bike path would
be constructed of 2 inch thick asphalt pavement with a sub base of 6 inch thick ABC stone.
The bike path would be considered a large structure(greater than 5,000 sq.ft.)for the purpose of determining
the proper Ocean Erodible Area Setback from the first line of stable natural vegetation. In this case, the
structure must be located at least 120 feet landward from the first line of stable natural vegetation on the ocean-
front. The entire structure can currently meet the 120 feet setback requirement No drainage improvements or
storm water piping would be constructed as part of the project. State Storm water Management Permit#SW8
040730 was issued for the project on September 9,2004 by the North Carolina Division of Water Quality. The
applicant also indicates that a Sedimentation and Erosion Control Plan will be submitted for the project to the
North Carolina Division of Land Resources.
10. ANTICIPATED IMPACTS
The construction of the proposed sidewalk would result in the disturbance of approximately 1.8 acres of
previously disturbed high ground within the highway right-of-way. The sidewalk structure would create
approximately 52,000 sq.ft.of built upon area. All disturbed areas would be seeded and mulched within 15
days of completing any phase of the project.
Submitted by: Jim Gregson Date: December 13,2004 Office: Wilmington

Recommendations for State Permit—Town of North Topsail Beach/Bike Pat ct
It is recommended that a permit be issued to authorize the project with the following conditions: DEC 8 2004
�rIl unconsolidated material resulting from associated grading shall be retaiNombigio atr()CM
sedimentation and erosion control measures
The disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within
aL fifteen(15)working days of project completion.
Future development on the permittee's property may require a modification of this permit. Contact a
representative of this Division at [phone] prior to commencement of any such activity for this
determination.
Any violation of or deviation from the Division of Water Quality's (DWQ) approval for this project under
stormwater management rules of the Environmental Management Commission will be considered a violation of
this CAMA permit.
The construction of the proposed project shall be in compliance with all local, State and Federal regulations
y- and associated permit conditions.
The permittee will maintain the authorized work in good condition and in conformance with the terms and
conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without
having the permit transferred to a third-party.
In accordance with T15A:07H.0306(1).the authorized structures shall be relocated or dismantled when they
/ become imminently threatened by changes in shoreline configuration. The structures shall be relocated or
dismantled within two years of the time when it becomes imminently threatened, and in any case upon their
collapse or subsidence.However,if natural shoreline recovery or beach renourishment takes place within two
years of the time the structures become imminently threatened,so that the structures are no longer imminently
threatened,then they need not be relocated or dismantled at that time.This condition shall not affect the permit
holder's right to seek authorization of temporary protective measures allowed under Rule
T 15A:07H.0308(a)(2).
No vegetated wetlands/marsh grass will be excavated or filled.
,JXe permittee shall contact the Wilmington Field Office shortly before he plans to begin construction to
arrange a setback measurement which will be effective for sixty 60)days barring a major shoreline change.
Construction must begin within sixty(60)days of the determination or the measurement is void and must be
redone.
NO E:An Erosion and Sedimentation Control Plan will be required for this project. This plan must be filed at least
thirty(30)days prior to the beginning of any land disturbing activity. Submit this plan to the Department of
Environment and Natural Resources,Land Quality Section,127 Cardinal Drive Extension,Wilmington,NC
28405.

X :
AUG 0 6-2004 � �I V
Form DCM-MP-I AP JUL 2
ftT0]kT1
t 2004
'ISION OF
(To be completed by all applicants)
b. City, town, communit�kgak& 04
North Topsail Beach
1. APPLICANT Morehead pil DCM
c. Street address or secondary roau ber
a. Landowner:
NCSR 15,68
Name State of North Carolina d. Is proposed work within city limits or planning
jurisdiction? X Yes No
Address
e. Name of body of water nearest project (e.g. river,
City Raleigh State NC
creek, sound, bay)Mason Creek,
Atlantic Ocean
Zip 27603 Day Phone
Fax 3. DESCRIPTION AND PLANNED USE
OF PROPOSED PROJECT
b. Authorized Agent:
Name Don Betz, Town Manager a. List all development activities you propose (e.g.
building a home, motel, marina, bulkhead,pier, and
Address 2008 Loggerhead Court excavation and/or filling activities.
Approximately 5200 feet of asphalt
bike path 10 ' wide. Work
City N. Topsail Beach State NC conducted in existing road
right-of-way.
28460 910-328-1349
Zip Day Phone b. is the proposed activity maintenance of an existing
project, new work, or both? New work.
Fax [phone]
c. Will the project be for public,private or commercia
use? public
c. Project name (if anv)North Topsail Beach
Bike Link d. Give a brief description of purpose,use,methods of
construction and daily operations of proposed
NOTE: Permit i+W be issued in na nr oflandowner(s), and/or, project. If more space is needed, please attach
additional pages. Provide bike access
pr°�`d"°"". and connectivity of residential
areas to Town Hall , Onslow Co.
Beach Access and Town Park
2. LOCATION OF PROPOSED facility. Conventional
PROJECT construction methods using
small dozers, compactors and.
pavers .
a. County Onslow
Revised 03195

V
JUL 2
Form DCM-MP-I
AUG 0 6 2004 COAS , -MFNT
[SEC 19 2004
Mhe�dfit tribe existing tewat r treatment facilities.
ore
head LAND AND WATER y ! `orth Tops ap�� i �e�s;t�� ���
CHARACTERISTICS
System l
a. Size of entire tract 78000 SF of Right—of— n. Describe location and type of discharges to waters
Way disturbed area . of the state. (For example, surface runoff, sanitary
b. Size of individual lot(s) N/A wastewater, industrial/commercial effluent, "wash
down" and residential discharges.)
c. Approximate elevation of tract above MHW or Surface runoff
:NvL 71 to 141
d. Soil type(s) and texture(s) of tract o. Describe existing drinking water supply source.
Sand Onslow County Water System
e. Vegetation on tract grass along roadways .
f. Man-made features now on tract road , utility
poles and features . 5. ADDITIONAL INFORMATION
g. WIat is the CAMA Land Use Plan land
classification of the site? (Consult the local land use plan.) In addition to the completed application form, the
following items must be submitted:
X Conservation X Transitional /Urban
Developed Community o A copy of the deed (with state application only) or
Rural Other other instrument under which the applicant claims title
to the affected properties. If the applicant is not
h. How is the tract zoned by local government? claiming to be the owner of said property, then
Right—of—Way forward a copy of the deed or other instrument under
which the owner claims title, plus written permission
i. Is the proposed project consistent with the applicable from the owner to carry out the project.
zoning? X Yes No
(Anaoh zoning conwL ncc -rafiirauc, if applicable) • An accurate, dated work plat (including plan view
and cross-sectional drawings)drawn to scale in black
j. Has a professional archaeological assessment been ink on an 8 1/2" by I white paper. (Refer to
done for the tract? Yes X No Coastal Resources Commission Rule 7d.0203 for a
If yes, by whom? detailed description.)
k. Is -the project located in a National Registered Please note that original drawings are preferred and
Historic District or does it involve a. National only high quality copies will be accepted. Blue-line
Register listed or eligible property? prints or other larger plats are acceptable only if an
Yes X No adequate number of quality copies are provided by
applicant. (Contact the U.S. Army Corps of
1. Are there wetlands on the site? Yes X No Engineers regarding that agency's use of larger
Coastal (marsh) Other drawings.) A site or location map is a part of plat
If yes, has a delineation been Conducted? requirements and it must be sufficiently detailed to
(.mach docan►enfarion, if available) guide agency personnel unfamiliar with the area to the
Revised 03/95

Form DCM-MP-1 AU r 0 6 2004
J U L 2 6 20o4
0
DIVISiO v OF
Morehead City DCM Cr)ASTA!- MANAGEMENT
site. Include highway or secondary road (SR)
numbers, landmarks, and the like. 6. CERTIFICATION AND PERMISSION
TO ENTER ON LAND
• A Stormwater Certification, if one is necessary.
• A list of the names and complete addresses of the I understand that any permit issued in response to this
adjacent waterfront (riparian) landowners and application will allow only the development described in
signed return receipts as proof that such owners the application. The project will be subject to conditions
have received a copy of the application and plats and restrictions contained in the permit.
by certified mail. Such landowners must be advised that they have 30 days in which to submit continents I certify that to the best of my knowledge, the proposed
on the proposed project to the Division of Coastal activity complies with the State of North Carolina's
Management. Upon signing this form, the applicant approved Coastal Management Program and will be
further certifies that such notice has been provided. conducted in a manner consistent with such program.
Name I certify that I am authorized to grant, and do in fact,
Address grant permission to representatives of state and federal
Phone review agencies to enter on the aforementioned lands in
connection with evaluating information related to this
Name permit application and follow-up monitoring of the
Address project.
Phone
Name i further certify that the information provided in this
Address application is truthful to the best of my knowledge.
Phone
• A list of previous state or federal This is the .� day of Jo�7
p permits issued for —T—
work on the project tract. Include permit numbers, Print Name Don Betz, Town Manager
petmittee, and issuing dates.
Signatur
A2?1 114A
None
Landowner Aurhonzed dgenr
• A check forVN n►ide payable to the Department of Please indicate attachments pertaining to your proposed
Environment, Health, and Natural Resources project.
�DEHNR) to cover the costs of processing the DCM MP-2 Excavation and Fill Information
application. X
DCM MP-3 Upland Development
• A signed AEC hazard notice for projects in DCM MR-0 Structures Information
—_ DCM MP-5 Bridges and Culverts
oceanfront and inlet areas. — DCM MP-6 Marina Development
• A statement of compliance with the N.C. NOTE. Please sign and date each attachment in the
Environmental Policy Act (N.C.G.S. 113A - 1 to space provided at the bottom of each form.
10) If the project involves the expenditure of public
funds or use of public lands, attach a statement R§P
���j j
documenting compliance with the North Carolina 1�y�
Environmental Policy Act.
DEC 16 2004
Revised 03/95 Morehead City DCM

lob
Form DCM-MP-3 DEC , 92
004
C 'Al"head
NDR L
UPL � �.
� � p�� k
DEVELOPMENT - F AUC 0 6 2004
MANAGEMENT
Morehead City DCM
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major h. Projects that require a LAMA Major Development
Permit, Form DCM-MP-1. Be sure to complete all Permit may also require a Stormwater Certification.
other sections of the Joint Application that relate to this Has a site development plan been submitted to the
proposed project. Division of Environmental Management for review?
Yes. X No
a. "Type and number of buildings, facilities, units or if yes, date submitted ASAP
structures proposed 5200 linear feet
of 101 wide bike pat i. Describe proposed method of sewage disposal.
b. Number of lots or parcels N/A
None created by this project.
j. Have the facilities described in item i. above
c. Density (give the number of residential units and the received state or local approval? Yes
unit; per acre) N/A (Anach appropriate documentation)
k. Describe location and type of proposed discharges to
d. Size of area to be graded, filled or disturbed waters of the state (for example, surface runoff,
including roads, ditches, etc. 78000 SF of sanitary wastewater, industrial commercial effluent,
Right—of—Way "wash down" and residential discharges).
Surface runoff
e. If the proposed project will disturb more than one
acre of land, the Division of Land Resources must
receive an erosion and sedimentation control plan at
least 30 days before land disturbing activity begins. 1. Describe proposed drinking water supply source
If applicable, has a sedimentation and erosion (e.g. well, community, public system etc.)
control plan been submitted to the Division of Land On low County Water System
Resources? Yes X No
If yes, date submitted ASAP m, Will water be impounded? Yes X No
If yes, how many acres?
f. List the materials (such. as marl, paver stone,
asphalt, or concrete) to be used for paved surfaces. n. if the project is a oceanfront development, when
Asphalt was the lot(s) platted and recorded? N/A
North Topsail Beach Bike Link
g. Give the percentage of the tract within 75 feet ofAAp.,,can,or PnA t N MHW or NWL, or within 575 feet in the case of an
Outstanding Resource Water, to be covered byre Don Betz, Town Manager
impervious and/or built-upon surfaces, such as
pavement, buildings, rooftops, or to be used for July 19, 2004
vehicular driveways or parking. 40% Date
Revised 03/95

U.S. ARMY CORPS OF ENGINEERS RP MO
WILMINGTON DISTRICT
n ,� t JAN 13 2005
Action Id. DOSCoQ 6a County !US ID
NO DEPARTMENT OF THE ARMY AUTHORIZATION REQUIRED
Property owner tVil) D 'd
Address v s
Telephone JJ /
UTM or LAT/LONG l41 . 3 q 7 n-,�6 (��r �7��S Zone
Size and Location of project (w terbody, road ame/ umber, town etc.) 10C
b6
J.
Descri tion of Activit Gam" DU i
�.
Your work as described above does not require Department of the Army authorization for the following reason(s):
There are no jurisdictional waters or wetlands within the boundaries of the project as described above.
This determination is effective for five years from the date of this document.
The proposed project does not have a regulated impact on jurisdictional waters or wetlands.
The proposed project is exempt from Department of the Army regulations.
(Specify)
Any changes in the described work resulting in impacts to jurisdictional waters or wetlands or any new work
in jurisdictional waters or wetlands outside the area described above must be coordinated with the Corps
of Engineers prior to commencement. Please contact the Regulatory Official specified below.
For any activity within the twenty coastal counties, before beginning work, you must contact the N.C. Division
of Coastal Management at telephone [phone] to discuss any required State permit authorization.
This Department of the Army determination does not relieve the property owner of the responsibility to obtain
any other required Federal, State, or local approvals/permits.
Date 1,2- 26-O t-1
Corps Regulatory Official Telephone
SURVEY PLATS, FIELD SKETCH, TLAND DELINEATION FORMS, PROJECT PLANS, ETC., MUST
BE ATTACHED TO THE YELLOW( ILE) COPY OF THIS FORM, IF REQUIRED OR AVAILABLE.
SAW Form 654
February 1999

OFFICE USE ONLY
Date Received Fe Paid Pe it N ber
1 /C
State of North Carolina
Department of Environment and Natural Resources
Division of Water Quality
STORMWATER MANAGEMENT PERMIT APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Applicants name(specify the name of the corporation,individual, etc. who owns the project):
Town of North Topsail Beach
2. Print Owner/Signing Official's name and title(person legally responsible for facility and compliance):
Mr. Don Betz,Town Manager
3. Mailing address for person listed in item 2 above:
2008 Loggerhead Court
City: North Topsail Beach State: NC Zip: 28460
Telephone Number: 254 - 0596
4. Project Name (subdivision, facility or establishment name—should be consistent with project name on
plans, specifications, letters, operation and maintenance agreements,etc.):
Construct Bike Path
5. Location of Project(street address):
Hwy 210 and SR 1568 New River Inlet Road
City: North Topsail Beach County: Onslow
6. Directions to project(from nearest major intersection):
Begins at Town Hall on Hwy 210 and intersection of SR 1568 New River Inlet Road.
7. Latitude: N 34 -29'-48" Longitude: W 77 -24'-46" of project
8. Contact person who can answer questions about the project:
Name: Shane Lippard Telephone Number: 251 - 8544
II. PERMIT INFORMATION
1. Specify whether project is(check one) ® New ❑ Renewal ❑ Modification
P3 311VED
DEC 16 2004
FormSWU-101 Pagel of4
Morehead City DCM

Boos a r �3a
Mo0 y?iO bsarls7oM

2. If this application is being submitted as the result of a renewal or modification to an existing permit, list the
Existing permit number and its issue date(if known)
3. Specify the type of project(check one):
❑Low Density ❑High Density ❑Redevelop ❑General Permit ®Other
4. Additional Project Requirements(check applicable blanks):
®CAMA Major ®Sedimentation/Erosion Control ❑404/401 Permit ❑NPDES Stormwater
Information on required state permits can be obtained by contacting the Customer Service Center at
1-877-623-6748.
III. PROJECT INFORMATION
1. In the space provided below,summarize how stormwater will be treated. Also attach a detailed narrative
(one to two pages) describing stormwater management for the project.
A bike path is to be constructed within the DOT right of way 10 feet off of the existing road. Runoff will
follow existing drainage patterns.
2. Stormwater runoff from this project drains to the White Oak River Basin.
3. Total Project Area: 2.4 acres 4. Project Built Upon Area: 50 %.
5. How many drainage areas does the project have? 1
6. Complete the following information for each drainage area. If there are more than two drainage.area in the
project, attach an additional sheet with the information for each are provided in the same format as below.
Basin Information Drainage Area 1 Drainage Area 2
Receiving Stream Name Mason Creek/White Oak River
Receiving Stream Class SA,ORW
Drainage Area 2.4 AC.
Existing Impervious * Area 0
Proposed Impervious * Area 52000
%Impervious *Area total 50
Impervious * Surface Area Drainage Area 1 Drainage Area 2
On-site Buildings 0
On-site Streets 0
On-site Parkin 0
On-site Sidewalks 52000 S . Ft.
Other on-site 0
Off-site
Total: 52,000 S . Ft.. Total:
*Impervious area is defined as the built upon area including, but not limited to, buildings, roads,parkin e RED
sidewalks,gravel area, etc.
DEC 16 2004
Form SWU-101 version 3.99 Page 2 of 4
Morehead City DC

7. How was the off-site impervious area listed above derived? N/A
IV. DEED RESTRICTIONS AND PROTECTIVE COVENANTS
The following italicized deed restrictions and protective covenants are required to be recorded for all
subdivisions,,outparcels and future development prior to the sale of any lot. If lot sizes vary significantly, a table
listing each lot number,size and the allowable built-upon area for each lot must be provided as an attachment.
1. The following covenants are intended to ensure ongoing compliance with state stormwater managementpermit
number N/A as issued by the Division of Water Quality. These covenants may
not be changed or deleted without the consent of the State.
2. No more than N/A square feet of any lot shall be covered by structures or impervious materials.
impervious materials include asphalt,gravel, concrete, brick,stone,slate or similar material but do not include wood
decking or the water surface of swimming pools.
3. Swales shall not be filled in,piped, or altered except as necessary to provide.driveway crossing.
4. Built-upon area in excess of the permitted amount requires a state stormwater management permit modification prior to
construction.
5. All permitted runoff from outparcels or future development shall be directed into the permitted stormwater control
system. These connections to the stormwater control system shall be performed in a manner that maintains the
integrity and performance of the system as permitted.
By your signature below,you certify that the recorded deed restrictions and protective covenants for this project
shall include all the applicable items required above, that the covenants will be binding on all parties and
persons claiming under them, that they will run with the land, that the required covenants cannot be changed or
deleted without concurrence from the State, and that they will be recorded prior to the sale of any lot.
V. SUPPLEMENT FORMS
The applicable state stormwater management permit supplement form(s) listed below must be submitted for
each BMP specified for this project. Contact the Stormwater and General Permits Unit at(919) 733-5083 for the
status and availability of these forms.
Form SWU-102 Wet Detention Basin Supplement
Form SWU-103 Low Density Supplement
Form SWU-104 Low Density Supplement
Form SWU-105 Curb Outlet System Supplement
Form SWU-106 Off-site System Supplement
Form SW-107 Underground Infiltration Trench Supplement
Form SWU-108 Neuse River Basin Supplement �R R
Form SWU-109 Innovative Best Management Practice Supplement
DEC 16 2004
Morehead City DCM
Form SWU-101 Version 3.99 Page 3 of 4

MOC1 bserieloM

VI. SUBMITTAL REQUIREMENTS
Only complete application packages will be acepted and reviewed by the Division of Water Quality(DWQ). A
complete package includes all of the items listed below. The complete application package should be submitted
to the appropriate DWQ Regional Office.
1. Please indicate that you have provided the following required information by initialing in the space
Provided next to each item.
Initials
• Original and one copy of the Stormwater Management Permit Application Form 0sc-
• Orie copy of the applicable Supplement Forms(s) for each BMP 0)t-
• Permit application processing fee of$420(payable to NCDENR) Ia L
• Detailed narrative description of stormwater treatment/management A)St
t
• Two copies of plans and specifications, including: LJS
-Development/Project name
-Engineer and firm
-Legend
-North Arrow WED
-Scale
-Revision number&date
-Mean high water line DEC 16 -2004
-Dimensioned property/project boundary
-Location map with named streets or NCSR numbers AAAAA�,, hh��pp���� CI DCM
-Original contours,proposed contours,spot elevation, finished fll�M+�l�lKf1l�' `7
-Details of roads,drainage features,collection systems,and stormwater control measures
-Wetlands delineated, or a note on plans that none exist
-Existing drainage (including off-site),drainage easements,pipe sizes,runoff calculations
-Drainage areas delineated
-Vegetated buffers(where required)
VII. AGENT AUTHORIZTION
If you wish to designate authority to another individual or firm so that they may provide information on your
behalf,please complete this section.
Designated agent(individual or firm): Right Angle Engineering
Mailing Address: 212 Princess Street
City: Wilmington State: NC Zip: 28401
Phone: [phone] Fax: [phone]
VIII. APPLICANT'S CERTIFICATION
I, (print or type name ofperson listed in General Information, item 2)
Certify that the information included on this permit application form, is to the best of my knowledge, correct and
that the project will be constructed in conformance with the approved plans,that the required deed restrictions
and protective covenants will be recorded, and that the proposed project complies with the requirements of 15A
NCAC 2H.1000.
Signature: Date: ✓/ C27/ 0%?!�70
--
JV
Form SWU-101 Version 3.99 Page 4 of 4

DIVISION OF COASTAL MANAGEMENT C
APPLICATION TRANSMITTAL AND PROCESSING ORD
UU C 1 62004
1) APPLICANT: Town of North Topsail Beach County: Onslow M0reh�s
LOCATION OF PROJECT: Between the Town of North Topsail Beach Town Hall on'i�? ty loci,
Onslow county Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, in North Topsail
Beach.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: October 25, 2004
FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No
CONSISTENCY DETERMINATION: Attached:No To Be Forwarded:Yes
FIELD REPRESENTATIVE: Jim Gregson DISTRICT OFFICE: Wilmington
DISTRICT MANAGER REVIEW:
cc
B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ 1/06. --
PUBLIC NOTICE REC'D: 12-II S'16-1 END OF NOTICE DATE: d/ /W/OS
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D:
APPLICATION ASSIGNED TO: 7t- ON: l Z/r /ON
C) 75 DAY DEADLINE: D/ Ids 1&5- J 150 DAY DEADLINE: V 3/z�y f os
MAIL OUT DATE: STATE DUE DATE:
FEDERAL DUE DATE: FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY DATE COMMENTS OBJECTIONS: NOTES
RETURNED YES NO
Coastal Management-Regional Representative
Coastal Management-LUP Consistency
Division of Community Assistance 5 t/
Land Quality Section L—3 D-v y
Division of Water Quality —3--5'- Li pI
Storm Water Management(DWQ) L It }/O S
State Property Office /111/Zq
Division of Archives&History /y/L /"
Division of Environmental Health p
Division of Highways
Wildlife Resources Commission ( p S
Division.of Water Resources
Division of Marine Fisheries
Submerged Lands(DMF)

Permit#
DCM Coordinator:
MAILING DISTRIBUTION:
Permitee:
Agent:
DCM Field Offices:
Elizabeth City
Morehead City
Washington �/
Wilmington Vt/
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland
Wilmington: Dave Timpy(NCDO�
Henry Wicker
Others:
Cultural Resources: Renee Gledhill-Earlyw"ll/
Environmental Health: Terry PierceLee_*"
Marine Fisheries: Mike Street v/
NCDOT: Ken Pace IV
Shellfish Sanitation: Patty Fowler
State Property Office: Joseph Henderson v
Water Quality: Cyndi Karoly(for non-DOT)
John Hennessy(NCDOT)
Water Resources: John Sutherland/
Wildlife Resources: Maria Tripp
Bennett Wynne W
David Cox(NCDOT)
Travis Wilson(NCDOT)
LPO:
FAXING DISTRIBUTION:
VPernutee at t
Agent at
DCM Field Offices:
Elizabeth City(252/264-3723)
Morehead City(252/247-3330)
Washington(252/948-0478)
Wilmington(910/350-2004) f j C - 1
US Army Corps of Engineers(USACE):
Washington: Mike Bell(NCDOT)
Bill Biddlecome(NCDOT)
Raleigh Bland(252/975-1399)
Wilmington: Dave Timpy(NCDOT)
Henry Wicker(910/251-4025)
CAMA Major Permit Process Manual Page 70 of 70

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S.Jones, Director William G. Ross Jr.,Secretary
January 10, 2005
Town of North Topsail Beach
ATTN: Mr. Don Betz, Town Manager
2008 Loggerhead Court
North Topsail Beach, NC 28460
Dear Mr. Betz:
This letter is with reference to your application for a Coastal Area Management Act
Major Development permit to construct approximately 5,200 linear feet of asphalt bike path in
Onslow County adjacent to the Atlantic Ocean and Mason Creek between the Town of North
Topsail Beach Town Hall on Hwy 210 and Onslow County Beach Access # 4 in North Topsail
Beach, NC.
Although processing of the application is nearing completion, additional time is needed
for this office to complete the review and make a decision on your request. Therefore, it is
necessary that the standard review time be extended. An additional 75 days is provided by G.S.
113A-122(c) which would make March 24, 2005 the new deadline for reaching a decision on
your request. However, we expect to take action prior to that time and will do so as soon as
possible. In the interim, if you have any question on the status of your application, do not
hesitate to contact me by phone [phone]) or e-mail ([e-mail]).
Very sincerely,
R4& V. k
Doug Huggett
Major Permits & Consistency Coordinator
cc: DCM, Wilmington
DCM, Morehead City
151-B Hwy. 24, Hestron Plaza II, Morehead City, North Carolina 28557
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

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NCDENR ►�s7c1W 9%SERVAN-A
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Cha'F3F MED r William G. Ross Jr., Secretary
is
December 13, 2004 DEC 2 8 2004 `T
MEMORANDUM: Morehead City DCM
2I
TO: Renee Gledhill-Early 71K
NC Dept. of Cultural Resources
Archives & History
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach, Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: - This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED 2,,,,, DATE �Z `zo _0
127 Cardinal Drive Ext., Wilmington, rth Carolina 28405-3845
Phone: [phone]\ FAX: [phone]\ Internet: www.nccoastalmanagement.net
�E 1 7 2004
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper ['

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DEC---�- 2 9 2004
NCDENR IVlor
North Carolina Department of Environment and Natural Resoq Clty pC o
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William.G. Ross Jr., Secretary
December 13, 2004
MEMORANDUM:
TO: Joe Henderson ?
NC Dept. of Administration
State Property Office
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE& FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach,Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at(910) 395-3900. 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 gency objects to the project for reasons described in the attached comments.
SIGNED A4 ATE oZ a.a bA
127 ardinal Drive Ext., Wilmington, North Carolina 28405-3 5
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
c�.
December 13, 2004pill
MEMORANDUM: JAN 0 5 2005
TO: Melba Laney Morehead City
Ruth Leggett ACM
Division of Community Assistance
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach, Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED �� DATE /— ?of
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

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NCDENR
North Carolina Department of Environment and Natural Re o 'esCf�__
Division of Coastal Management L� 11.1
Michael F. Easley, Governor Charles S.Jones, Director William G. Rii k,'SAr95
Morehead Qt
� Y pCM
December 13, 2004 DEC
MEMORANDUM: SHELLFISH SANITATION !I
i
TO: Patty Fowler DEC 1J1,
NCDENR-Division of Environmental Health
Shellfish Sanitation SectioniS
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach,Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
�u
SIGNED DATE j 1 — 7 3 -
127 Cardin' I Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\ FAX: [phone] \ Internet: www.nccoastalmanagement.net
An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

Ay-
NCDENR JA N 0 5 2005
North Carolina Department of Environment and Natural Reg rce
Division of Coastal Management t..qy CCU
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 13, 2004 L v`
MEMORANDUM:
TO: Linda Lewis i T?.
or
Noelle Lutheran DEC 1 3 2404 I
Division of Water Quality
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach, Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at [phone]. When appropriate, in-depth comments with supporting data is requested.
N 0 V0 / A-5
REPLY: y This agency has no objection to the project as proposed. VC&L41 1-0-D RS
,0r, �''r5l—E D op-Is
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED � ,� ,, DATE p 1. 6 O
ar I al ive x ., Wilmington, North Carolina 284Ub-3b45
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

Aria
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
RECEIVED
December 13, 2004 DEC 1 3 2004 3�
MEMORANDUM: BY�Sg dd �J'v OV G ``
TO: Linda Lewis 0e y ,y�n
or
Noelle Lutheran
Division of Water Quality
FROM: Doug Huggett JA N 1 3 2005
Major Permits Processing Coordinator Morehead
City DCM
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach, Onslow Co.
Proposed Project: Applicant proposes to construct approximate) 5,200 linear feet ofasfhalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at [phone]. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed. F e rvnl 55�t v
Jq- Z�
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 zelnGl . DATE 1 (P'0 5
127 Cardinal rive Ext., Wilmington, North Carolina 28 -
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F.Easley,Governor Charles S. Jones, Director William G. Ross Jr., Secretary
OY
December 13, 2004 P
1 ED
JAN 0 4 2005
MEMORANDUM:
TO: Bennett Wynne Morehead City DCM
NC Wildlife Resources Commission
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE &FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach,Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: t/ This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post consumer Paper

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r

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 13, 2004 DEC 2 1 ,J
2UU4
MEMORANDUM: I
TO: Fritz Rohde D M F-H A D{ T t-`i
For Preston P. Pate, Jr., Director
Division of Marine Fisheries
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE&FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach, Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project,please contact Jim
Gregson at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED A t_ DATE I Z—/( � 10
127 CJrJiraI Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 13, 2004
MEMORANDUM:
TO: Dan Sams
DEC 3 0 2004
For James Simmons
Division of Land Resources Morehead City DCM
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE& FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach, Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at(910) 395-3900. 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
�". I incorporated. See attached. f ,f/
Cr0 ice-- �' Q�1 t r� (d rR7a/ P/m. �pP I�C+�re+- G►...0 C.1 P/aJa' ►S II�CCS$s� �� �N�S �f)C-(.
•-. yy V
This agency objects to the project for reasons described in the attached comet ts.
SIGNED DATE LLoc Zo/ Zoo`s
127 Cardinal Drive x ., ilmington, North Carolina 28405-3845
Phone: [phone] FAX: [phone] Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary
December 13 2004 IVED
MEMORANDUM: DEC 2 12004
TO: Onslow Co. LPO Morehead City DCM
Sue McLaughlin
FROM: Doug Huggett
Major Permits Processing Coordinator
SUBJECT: CAMA/DREDGE & FILL Permit Application Review
Applicant: Town of North Topsail Beach
Project Location: Between the Town of North Topsail Beach Town Hall on NC Hwy. 210 and Onslow
County Beach Access No. 4, adjacent to the Atlantic Ocean and Mason Creek, North
Topsail Beach, Onslow Co.
Proposed Project: Applicant proposes to construct approximately 5,200 linear feet of asphalt bike path.
Please indicate below your agency's position or viewpoint on the proposed project and return this form
by January 4, 2005. If you have any questions regarding the proposed project, please contact Jim
Gregson at(910) 395-3900. When appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
SIGNED ILQ DATE
127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845
Phone: [phone]\FAX: [phone]\ Internet: www.nccoastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer—50%Recycled\10%Post Consumer Paper

IGHT ANGLE
212 Princess Street Wilmingt V7 T 9 E;ER� - 44 Fax[phone]
October 15,2004 �j Z 2001� EYEDD!�✓ISION OF
Ted Tyndall COASTAL MANAGEMENT OCT 2004
Division of Coastal Management
Hestron Plaza 11, 151-B,Hwy 24 ad
MOrehe City DCM
Morehead City,NC 28557
Re: Major Permit Application for North Topsail Beach Bike Path.
Mr.Tyndall,
In response to comments received by Stonewall Mathis we are providing you additional information for the
above referenced project. The response to comments are listed below as they were listed in the comment
letter.
1. NCDOT encroachment has been applied for. Application page included. We will forward the
encroachment upon approval from NCDOT. Note that this project was approved and funded by
NCDOT so encroachments are expected not to be of any issue.
2. Adjacent property owners are provided.
3. Return mail cards are enclosed.
4. Scaled drawing is provided.
5. The map now shows buffers,AEC,and setbacks.
6. Detail view is provided for path adjacent to bridge structure.
7. The proposed path does not go outside of the public right-of-way so easements are not needed.
See detail of this area.
8. AEC Hazard notice is enclosed.
9. Cross sections of both 10'and 8'path are enclosed.
10. The disturbed area of the project will be 104,000 square feet. Of the disturbed area,52,000
square feet will be concrete.
11. Using the numbers mentioned above,the impervious percentage would be based on the amount
of impervious versus the disturbed project area. That number would be 50%. Corrected
application pages are enclosed along with calculation sheet.
If there are further questions,please feel free to contact us at(910)251-8544.
Si a y,
Shane d,PE
Right Angle Engineering p9p1FM2
ED
Cc: Don Betz,Town Manager North Topsail Beach
DEC 1 6 2004
Morehead City DCM

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor William G. Ross, Jr., Secretary
September 9, 2004 Alan W. Klimek, P.E., Director
Mr. Don Betz, Town Manager CEZVETown of North To sail Beach
2008 Loggerhead Court
North Topsail Beach, NC 28460 SEP 15 2004
DIVISION OF
Subject: Permit No. SW8 040730 COASTAL MANAGEMENT
North Topsail Beach Bike Path
Other Stormwater Permit
Linear Public Road / Bike Path
Onslow County
Dear Mr. Betz.-
The Wilmington Regional Office received a complete Stormwater Management Permit
Application for Emerald Isle Bicycle Path on July 26, 2004. Staff review of the plans
and specifications has determined that the project, as proposed, will comply with the
Stormwater Regulations set forth in Title 15A NCAC 2H A000. We are forwarding
Permit No. SW8 040730 dated September 9, 2004, for the construction of the subject
project.
This permit shall be effective from the date of issuance until rescinded and shall be
subject to the conditions and limitations as specified therein.
If any parts, requirements, or limitations contained in this permit are unacceptable, you
have the right to request an adjudicatory hearing upon written request within thirty (30)
days following receipt of this permit. This request must be in the form of a written
petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed
with the Office of Administrative Hearings, P.O. Drawer 27447, Raleigh, NC 27611-
7447. Unless such demands are made this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please
contact Gary Beecher or me at [phone].
Sincerely, 102ft FaIVED
Rick Shiver DEC 16 2004
Water Quality Regional Supervisor
RSS/ghb: S:\WQS\STORMWAT\PERMIT\040429.July04 Morehead City DCM
cc: Shane Lippard, P.E. (Right Angle Engineering, PC)
Onslow County Building Inspections
Division of Coastal Management
Gary Beecher (DWQ)
Wilmington Regional Office
Central Files
Wilmington Regional Office One
127 Cardinal Drive Extension,Wilmington,North Carolina 28405 NorthCarolina Phone: [phone]/FAX: [phone]/Internet:h2o.enr.state.nc.us
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STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES
DIVISION OF WATER QUALITY
STATE STORMWATER FOWED MANAGEMENT PERMIT Rg
DEC 16 2004
OTHER PERMIT
mR,r�head City DCM
In accordance with the provisions of Article 21 of Chapter 143, General- to utes
of North Carolina as amended, and other applicable Laws, Rules and
Regulations
PERMISSION IS HEREBY GRANTED TO
Mr. Don Betz, Town Manager
North Topsail Beach Bicycle Path
Onslow County
FOR THE
construction of a bicycle path in compliance with the provisions of 15A NCAC 2H
.1000 (hereafter referred to as the "stormwater rules') and the approved
stormwater management plans and specifications, and other supporting data as
attached and on file with and approved by the Division of Water Quality and
considered a part of this permit.
The Permit shall be effective from the date of issuance until rescinded and shall
be subject to the following specific conditions and limitations:
I. DESIGN STANDARDS
1. The runoff from the impervious surfaces has been directed away from
surface waters as much as possible.
2. The amount of built-upon area has been minimized as much as possible.
3. Best Management Practices are employed which minimize water quality
impacts.
4. Approved plans and specifications for projects covered by this permit are
incorporated by reference and are enforceable parts of the permit.
5. Vegetated roadside ditches are 3:1 slopes or flatter.
II. SCHEDULE OF COMPLIANCE
1. The permittee shall at all times provide adequate erosion control
measures in conformance with the approved Erosion Control Plan.

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2. The Director may notify the permittee when the permitted site does not
meet one or more of the minimum requirements of the permit. Within the
time frame specified in the notice, the permittee shall submit a written time
schedule to the Director for modifying the site to meet minimum
requirements. The permittee shall provide copies of revised plans and
certification in writing to the Director that the changes have been made.
3. The permittee shall submit all information requested by the Director or his
representative within the time frame specified in the written informa 99DEC
request. Flly
4. The permittee shall submit to the Director and shall have receivedapproval for revised plans, specifications, and calculations prior to 16 2004
construction for the following items:
a. Major revisions to the approved plans, such as road realignment,ahead City DC
deletion of any proposed BMP, changes to the drainage area or
scope of the project, etc.
b. Project name change.
C. Redesign.of, addition to, or deletion of the approved amount of
built-upon area, regardless of size.
d. Alteration of the proposed drainage.
5. The Director may determine that other revisions to the project should
require a modification to the permit.
III. GENERAL CONDITIONS
1. Failure to abide by the conditions and limitations contained in this permit
may subject the Permittee to an enforcement action by the Division of
Water Quality, in accordance with North Carolina General Statutes 143-
215.6A to 143-215.6C.
2. The permit issued shall continue in force and effect until revoked or
terminated.
3. The permit may be modified, revoked and reissued or terminated for
cause. The filing of a request for a permit modification, revocation and
reissuance, or termination does not stay any permit condition.
4. The issuance of this permit does not prohibit the Director from reopening
and modifying the permit, revoking and reissuing the permit, or terminating
the permit as allowed by the laws, rules, and regulations contained in Title
15A of the North Carolina Administrative Code, Subchapter 2H.1000; and
North Carolina General Statute 143-215.1 et. al.
5. The permit is not transferable to any person except after notice to and
approval by the Director. The Director may require modification or
revocation and reissuance of the permit to change the name and
incorporate such other requirements as may be necessary. A formal
permit request must be submitted to the Division of Water Quality
accompanied by the appropriate fee, documentation from both parties
involved, and other supporting materials as may be appropriate. The
approval of this request will be considered on its merits, and may or may
not be approved. The permittee is responsible for compliance with the

oa yriO asedsaM

terms and conditions of this permit until such time as the Director
approves the transfer.
b. The issuance of this permit does not preclude the Permittee from
complying with any and all statutes, rules, regulations, or ordinances
which may be imposed by other government agencies (local, state and
federal) which have jurisdiction.
7. The permittee shall notify the Division of any name, ownership or mailing
address changes within 30 days.
Permit issued this, the 9th day of September 2004
NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION
-----------------
Alan W. Klimek, P.E., Director
- < ? Division of Water Quality
By Authority of the Environmental Management Commission
DEC 16 2004
Morehead City DCM

i,.
MEMORANDUM /'1]" U 6 2004
TO: TED TYNDALL,ASSISTANT DIRECTOR Morehead City DCM
FROM: STONEWALL MATHIS,FIELD REPRESENTATIVE
THROUGH: JIM GREGSON,DISTRICT MANAGER
SUBJECT: MAJOR PERMIT APPLICATION FOR NORTH TOPSAIL BEACH BIKE PATH
DATE: AUGUST 4,2004
Please find the referenced application enclosed. We received it on 7/27/04. An initial review of the application
showed that the following additional information is needed:
1) A copy of the Town's encroachment agreement with the NCDOT
2) The adjacent riparian property owners to the proposed development need to be labeled on the
work plat
3) Return mail cards from the adjacent riparian property owners are needed
4) The scale of the drawing is not accurate (this may be due to reduction of the drawing size)
5) The normal high water contour,the 30' buffer,the 575' Coastal Shoreline AEC,the first line of
stable natural vegetation,the Ocean Erodible AEC,the ocean front large structure setback,the
coastal wetlands, and the 404 wetlands in the area of the development need to be shown.
6) A closer detail of that length of bike path in the area of the bridge is needed. In this area,there
are marsh and 404 wetlands present. The bike path is to encroach 5' onto private property to
avoid the marsh and 404 wetlands in this area. A closer drawing of this section could show these
details that are not seen on the current drawing.
7) A copy of the encroachment agreement with the private property owner in the area of the bridge
is needed
8) An AEC Hazard Notice is needed
9) A cross section of the bike path at 10' wide is provided. A cross section of the 8' wide section in
the area of the bridge is also needed.
10) The answer to question 4.a. in the application and(d) on the Upland Development form says that
78,000 sq. ft. will be disturbed. The narrative says that 2.4 acres will be disturbed. Clarification
of the discrepancy is needed.
11) The answer to (g)of the Upland Development form says that there is to be 40%impervious
coverage in the coastal shoreline AEC. Detailed calculations and explanation of this figure are
needed.
DEC 1 6 2004
Morehead City DCM

2004
Morehead C
7
July 19, 2004 PD,
JU L 2 02004
COAS AL MA • • �DIVI J GE
Mr. Jim Gregson � MEiV7"
NC Division of Coastal Management
127 North Cardinal Drive
Wilmington, NC 28405
Re: Request for Permit for North Topsail Beach Multi-Purpose Trail
Dear Mr. Gregson:
I am enclosing a CAMA Application Form requesting CAMA concurrence on the
above referenced project that we have previously reviewed with you during a site
visit earlier this year.
A Sediment Erosion Control permit will be submitted to Land Quality Section. A
permit application for Storm Drainage Management will be submitted to
Department of Water Quality.
Please find enclosed copy of letter and Notification/Waiver Form to the adjacent
riparian property owners. A site plan is also being provided.
Please do not hesitate to call me or Mr. Shane Lippard, P.E. of Right Angle
Engineering, P.C. at 251-8544 for any questions that you might have.
Cor ially,
Don Betz PIF 9� I�^ �
Town Manager
cc: Sue McLaughlin, NTB DEC 1 6 2004
Mr. Jim Vithalani, President, Right Angle Engineering
Morehead City ©CM
Enclosures
RECEIVED
I J U L 2 6 2004
(BY:
2008 LOGGERHEAD COURT NORTH TOPSAIL BEACH, NC 28460 PHONE [phone] FAX[phone]
www.north-topsai1-beach.org

DEPARTMENT OF THE ARMY R
utWILMINGTON DISTRICT,CORPS OF ENGINEERSP.O.BOX 1890
WILMINGTON.NORTH CAROLINA 28402-1890J
4 L
REPLY TO ?oo/
ATTENTION OF: —] 2 ^OA 8� /Vis/O
/Regulatory Division — 13 —b l(�/ l+ 4L A" OF
k L' �q UE
MAN,,
Action ID. Oo oc Applicant: Q r
S�urK�OSo �iS 84
Waterway: 96 0& 61ie/L County: S d Type Work:
Mr. Ron Sechler Commanding Officer
National Marine Fisheries United States Coast Guard
Service,NOAA 431 Crawford Street
Pivers Island Portsmouth,Virginia 23704
Beaufort,North Carolina 28516
Mr.Ronald J. Mikulak, Chief Without enclosures
Wetlands Section—IV
Water Management Division Mr.Doug Huggett
U.S.Environmental Protection Agency Division of Coastal Management
61 Forsyth Street, SW NC Dept of Environment and
Atlanta, Georgia 30303 Natural Resources
1638 Mail Service Center
Mr. Garland Pardue, Field Supervisor Raleigh,North Carolina 27699-1638
Fish and Wildlife Enhancement
U.S. Fish and Wildlife Enhancement l�; w•
Post Office Bog 33726 gional Office
Raleigh,North Carolina 27636-3726 Division of oastal Management
NC-Department of Enviornment,Health
Commanding Officer and Natur 1 Re�j ources
United States Coast Guard r,r [ ` i
Marine Safety Office I I tyl1 L16
721 Medical Center Drive Suite 100
Wilmington,NC 28401 Mr.David Rackley
National Marine Fisheries Service,NOAA
219 Forth Johnson Road
Gentlemen: 'Charleston;South Carolina 29412-9110
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
Questions or comments may be addressed to the undersigned, available at telephone
[phone].
S' erely,
He y Wicker,Project Manager
DEC 16 2004 Wilmington Regulatory Field Office
Enclosure
Morehead City DCM 1

��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones, Director Wiliam G. Ross Jr., Secretary
December 13, 2004
FAX: [phone]
2 Pages
Jacksonville Daily News
Legal Advertisement Section DEC 16 Z004
Post Office Box 196
Jacksonville, North Carolina 28540 Morehead C1ty DCM
Re: Public Notice - Town of North Topsail Beach
Dear Sir:
Please publish the attached Notice in the December 15, 2004, issue.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and
an original invoice to Jaye Poole, Division of Coastal Management, 1638 Mail Service Center, Raleigh,
North Carolina 27699-1638.
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Wilmington office.
Sincerely,
`Beverly iven
Coastal Management Secretary
Enclosure
cc: Doug Huggett
Ted Tyndall
File Copy
127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845
Phone: [phone]\Fax: [phone]\Internet: http://dcm2.enr.state.nc.us
An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR PFFNIFEDDEVELOPMENT PERMITC 16 2004
The Department of Environment and Natural Resources hereby joarpbogtQty DCM
required by NCGS 113A-119(b) that application for a development permit in an Area of
Environmental Concern as designated under the CAMA was received on October 25, 2004.
According to said application, Town of North Topsail Beach, proposes to construct
approximately 5,200 linear feet of asphalt bike path, located between the Town of North Topsail
Beach Town Hall on NC Highway 210 and Onslow County Beach Access No. 4, adjacent to the
Atlantic Ocean and Mason Creek, in North Topsail Beach, Onslow County.
A copy of the entire application may be examined or copied at the office of Jim Gregson at
N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive
Extension, Wilmington, North Carolina 28405, (910-395-3900) during normal business hours.
Comments mailed to Charles S. Jones, Director, Division of Coastal Management, Hestron
Plaza II, 151-B Hwy 24, Morehead City, NC 28557, prior to January 4, 2005, will be considered
in making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review and comment by the public and
state and federal agencies. Notice of the permit decision in this matter will be provided upon
written request.

A���
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Michael F. Easley, Governor Charles S. Jones Director William G. Ross Jr., Secretary
December 13, 2004 /-Eft ��
Don Betz,Town Manager DEC 1 6
Town of North Topsail Beach 2004
2008 Loggerhead Court
North Topsail Beach,North Carolina 28460 Morehead City DCM
Dear Mr. Betz:
The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the
construction of approximately 5,200 linear feet of bike path located along NC Highway 210 and NCSR 1568,adjacent
to the Atlantic Ocean and Mason Creek in Onslow County. It was received as complete on October 25, 2004, and
appears to be adequate for processing at this time. The projected deadline for making a decision is January 8,2004.
An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have
not been notified of a final action by the initial deadline stated above,you should consider the review period extended.
Under those circumstances,this letter will serve as your notice of an extended review. However,an additional letter
will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from October 25,2004,you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer or consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from a
public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of-way
fronting your property;or at a point along the road right-of-way where a private road would lead one into your property.
Failure to post this notice could result in an incomplete application.
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 agencies may contact you
directly.
.ncerely,
Jim regson
istr' t Manager
cc: Doug Huggett,DCM
Ted Tyndall,DCM
Sue McLaughlin(LPO)
Henry Wicker,COE

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1. Article Addressed to: D. Is deliv,
If YES, nter. I
OCT 1 S 2004
7o 3. Servi Type
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2. Article Number
(Transfer from service label) 7004 1350 00111 8=17 6 8890
P3 Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
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D. Is deli a s Beat f
1. Article Addressed to: If YE ry addres ❑ Wo
a�G�n� ; ;r'6/Grno `Ig/l
O C T 1 8 2004
3. Se5jde Type \
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❑ R� Return eee for Mc rchandise
❑Insured Mail ❑C.O.D.
Q 4. Restricted Delivery?(Extra Fe(-) ❑Yes
2. Article Number
(Transfer from service h,bell 7004 1350 0001 8 3 7 6 8 9 0 E
PS Form 3811,February 2004 Domestic Return Receipt 102591;-02-M-1540
2004
Morehead Ci
tY ®CM

Multi-Purpose STATE OF NORTH CAROLINA
ROUTEHWY210 via SR1568 PROJECT Bi'_e Path COUNTY OF Onslow
DEPARTMENT OF TRANSPORTATION J� GREEMENT
-AND- C C T 2 12004 P 1 N SE "ED
Town of North Topsail Ruch DIVISION OF CCT 20U__
2008 Loggerhead Court "'y�TAL MANAGEME t, 2004
North Topsail Beach, NC 28460 1M0rehea
M
THIS AGREEMENT, made and entered into this the day of September , Ai)200,4
by and between the Department of Transportation , party of the first part; an
Town of North Topsail Beach 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 pub] is road designated as RouteHWY 210 , SR156,8located
Town of North Topsail Beach, Onslow County,
with the construction and/or erection of Approximately 5200 ft of aspral f- r, kA
path 10 ' wide from Town Hall on NC 210 to Onslow
S Work Conducted in existing road right-of-way. -
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 maintenance of the above described facility will be accomplished in ac-
cordance with the party of the first part's latest POLICIES AND PROCEDURES FOR ACCOMMODATING UTILITIES ON HIGHWAY
RIGHTS-OF-WAY, and such revisions and amendments there o as may e n e ec a e e o s 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
obatruct nor interfere with the proper maintenance thereof, to reimburse 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-
-latence of the facilities of the party of the second part, and if at any time 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
binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform
to the said requirement, without any coat to the party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper
signs signal lights, flagmen and other warning devices for the protection of traffic in conformance with the lateat
Manua on Uniform Traffic Control Devices for ;treats and wa s and Amendments or Supplements thereto. Infor-
ms on as o e above rules and regulations may obtain.ph
rc,m the Division 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 damdges and claims for damage that may arise by reason of the installation and maintenance of this en-
croachment.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance
to the satisfaction of the Dlvis:.on Engineer of the party of the first part. The party of the second part agrees
to exercise every reasonable precdUtion during construction and maintenance to prevent eroding of soil; silting or
pollution of rivers, streams, lal:es, reservoirs, other water impoundments, ground surfaces or other property; or
pollution of the air. There shall be compliance with applicable rules and regulations of the North Cirolina
Division of Environmental Management, North Carolina Sedimentation Control Commission, and with ordinances and
regulations of various counties, municipalities and other 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 grass cover to meet
the satisfaction of the Division Engineer of the party of the first part.
That the party of the second part agrees to as6,ur.h the actual cost of any inspection of the work coneioerea io
be necessary by the 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-
struction, a copy of this agreement showing evidence of approval by the party of the first part. The party of the
first part reserves the right to atop all work unless evidence of approval can be ehown.
Provided the work contained in this agreement is being-performed on a completed highway open to traffic; the
.�+., o +t-- ---- 4 . + ,,, . +., ..i o —ii+..., ,,.fii +,. ++,., n4. 1.;­ F inaar of the party of the first oart

b. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not
scz mina a on he grounds of race, color, or national origin in the selection and retention of subcon-
tractors, 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 progrem set forth in Appendix B of the Regulations.
c. Solicitations for Subcontracts Includin Procurements of Materials and E i Tent: In all Solicitations
either y compe i ive i >.ng or nego >a ion made y e con rat or or woz o e In under a sub-
contract, including procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under this contract and the
Regulations relative to nondiscrimination on the grounds of race, color, or national origin.
d. Information and Renorts: The cnntractor shall provide all information and reports required by the Regulations, or directives
issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the De;;,,;tment of Transportation or the Federal Highway Adr.,inistration to be pertinent to ascertain compliance
with such 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 fcrth what efforts it has made to obtain the information.
e. Sanctions for IJoncom fiance: 1,, the event of the contractor's noncompliance with the nondiscrimination provisions of this contract
the Department o ransportaticn shall impose such contract sanctions as it or the Federal Highway Administration may determine to
be apprr.priate, including, but not limited to,
(:) withholding of payments to the contractor under the contract until the contractor complies, and/or
(2) cancellation, termination or suspension of the contract, in whole or in part.
f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f" in every subcontract,
including procurements o materials and leases of equiprent, unless exempt by the Regulations, or directives issued pursuant
thereto. The contractor shall take such action with respect to any subcontract or procurement as Department of Transportation
or the Federal Highway Administration may direct as a means of enforcing such provisions including a ti for noncompliance:
Provided, however, that, in the event a contractor becomes involved in, or is threatened with, li 'ga o h ubcontractor or
�&
supplies as a result of such direction, the conractor may request the Department of Transportati t en I o' uj itigation to
protect the interests of the State, and, in addition, the contractor may request the United Stat en i to sy¢r/?IgVn
to protect the interests of the United States. �'rlJ
c o Octr? �ropy
i /
IN WITNESS WHEREOF, each of the parties to this agreement hOas cau��9, N; fte
be executed in the a d gar
first above written.
q GFM
IVEDEPARTMENT OF TRANSPORTATION
DEC 1 6 7004 BY.
DIVISION ENGINEER.
Morehead City DCM
ATTEST OR WITNESS;
Don Betz, Town Manager
Town of North Topsail Beach
Second Partyk"
O C T 1 8 2004
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate sea; a ai� as � Cit D CM
corporation secretary or by the empowered city official, unless a waiver or corporate seal and attest. ron by the Tary ray
or by the empowered City official 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.
All roadways and ramps
2. Right of way lines and where applicable, the control of access lines
3. Location of the existing and/or proposed encroachment
4. Length, size and type of encroachment
5. Method of Installation
6. Dimensions showing the distance from the encroachment to edge of pavement, shoulders, structures, etc.
]. Location by highway survey station number. If station number cannot be obtained, location should be shown by dls-
dlstance from some identifiable 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.)
9 ti.;ene. if aff,rted by pnrrg"htgrnt (ingw vprticil +nd horizontel dimensions from encroach-