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44-05 Town of Shallotte
Permit Clads Permit Number NEW, 44-OS STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission �rmit Y for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS It 3-229 Issued to Town of Shallotte, PO Box 2287, Shallotte, NC, 28459 Authorizing development in Brunswick County at Shallotte River, Main St. (US 17 Business), Shallotte Township , as requested in the permittee.'s application dated 10/07/04 and including the attached workplan drawings (3) dated 11/15/04 This permit, issued on April_ 13. 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. Canoe/Kayak Docking Facility 1) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the .permit application dated 10/7/04 and the attached workplan drawings dated 11/15/04. No other structure, whether floating or stationary, shall become a permanent part of this canoe/kayak docking facility without permit modification. No non- water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) The authorized covered gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. (See attached sheets 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 shall be accessible on-site to Department P- V personnel when the project is inspected for compliance. rles S. Jones, Director Any maintenance work or project modification not covered hereunder requires further Division approval. Division of Coastal Management All work shall 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&Permittee Town of Shallotte Permit#44-05 Page 2 of 3 ADDITIONAL CONDITIONS 3) red gazebo shall not be designed for second story use. 4) No attempt shall 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. 5) The authorized structure and associated activity shall not cause an unacceptable interference with navigation. 6) The permittee shall 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. 7) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States'.in the public interest. 8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 9) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 10) All portions of the dock located over coastal wetlands shall not exceed a width of 6 ft. and shall be elevated a minimum of 36 inches above the marsh substrate as measured to the bottom of the decking. General 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 12) No filling of any vegetated wetlands or surrounding waters is authorized at any time. Town of Skallotte Permit#44-05 Page 3 of 3 ADDITIONAL CONDITIONS 13) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 14) In order to ensure that the floating dock does not rest on the bottom of the river, the proposed support brackets that will keep the floating dock above the existing ground elevation shall be properly installed and maintained for.the life of the project. 15) All portions of the boardwalk located over high ground shall not exceed a width of 6 ft. and shall be slatted, wooden and elevated. Any portion of the boardwalk located over coastal wetlands shall be elevated a minimum of 36 inches above the marsh substrate as measured to the bottom of the decking. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals 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 (910) 395-3900 prior to the commencement of any such activity for this determination. The permittee is further advised that many non-water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The permittee and/or his contractor is urged to meet with a representative of the Division prior to project initiation. NOTE: Should either adjacent property be sold prior to the initiation of construction, the permittee shall be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement of any structures within the 15 foot riparian corridor. NOTE: The N.C. Division of Water Quality has assigned the proposed project DWQ Project No. 05- 0385. NOTE: The U.S. Army Corps of Engineers has assigned the proposed project COE Action Id. No. 200500438. 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 April 13, 2005 Town of Shallotte P.O. Box 2287 Shallotte,NC 28459 Dear Sir or Madam: 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, (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 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, Doug as V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Avenue, Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper a.r DIVISION OF COASTAL MANAGEMENT FEB 1 0 2005 FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Shallotte Morehead City ACM PROJECT NAME: Shallotte Boardwalk and Gazebo Project 2. LOCATION OF PROJECT SITE: Shallotte River, US 17 Business, town of Shallotte, Brunswick County Photo Index No Coverage State Plane Coordinates: X: 2184592.743 Y: 80753.212 Rover ID: N011319A 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit—01/13/2005 Was Applicant Present—No 5. PROCESSING PROCEDURE: Application Received—January 6, 2005 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan- Shallotte Land Classification From LUP - Developed AEC(s) Involved: EW, PT, PTS Water Dependent: Yes (D) Intended Use: Public (E) Water and Wastewater Treatment: Existing - Municipal Planned -None proposed for this site (F) Type of Structures: Existing - picnic shelter, electric substation, recreation area, building Planned - Boardwalk, Gazebo, Floating Dock (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (federal 404) (B) Vegetated Wetlands Incorporated Open Water 312 sf (C) Other Covered High Ground 330 sf (D) Total Area Disturbed: 642 sf(.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant plans to construct a public canoe dock. February 4,2005 Shallotte Boardwalk and Gazebo Project Page 2 ------------------------------------------------------------------------------------------------------- 9. PROJECT DESCRIPTION The proposed project is located on a developed piece of land that lies near the intersection of NC Highway 130 with US Highway 17 Business in the Town of Shallotte, in Brunswick County. To reach the site,one should travel on US Hwy 17 to Shallotte,and turn to head south at the junction with NC 130 East. Travel about one mile and immediately before the red light (intersection with US HWY 17 Business)turn left onto the dirt driveway at the power station. The site may also be reached by traveling US HWY 17 Business and turning into the property by the gravel drive immediately west of Shallotte Plaza. The property is adjacent to the Shallotte River. The total project area is 1.86 acres. The tract and the surrounding areas are all developed with a mix of commercial and office/industrial uses. Currently, the property is used as a recreation area, and contains large covered picnic area and other recreational features. It appears that the community now uses the area to access the Shallotte River. High ground elevations range from 3 to 20 feet above MSL. The topography of the site is generally flat up near the road, with a moderate slope leading down to the waterfront. Highground soils consist of sands. The CAMA Land Use Plan Classification for the project area is Developed. With the exception of a coastal wetland fringe, the property is all high ground area with no apparent Section 404 wetlands. Vegetation on the tract consists mostly of pine trees. Along most of the shoreline in the area, a fringe of coastal marsh and extends outward into the waters of the Shallotte River about 2 to 5 feet from the bank. In the location of the proposed pier and dock, Spartina cynusuroides is the predominant wetland species. The waters of the Shallotte River are considered inland at this point. Therefore,the work affects only the Public Trust and Public Trust Shoreline Areas of Environmental Concern. The waters of the Shallotte River have been classified SC by the NC Division of Water Quality. This portion of the Shallotte River is closed to the taking of shellfish. PROPOSED PROJECT The applicant proposes to construct a 55' x 6:boardwalk along the edge of the river, a 22' x 121, covered deck (gazebo), and a 6' x 10' floating dock. The facility would be for the use an enjoyment of the community and would help keep the shoreline and marsh area intact, as the area is subject to heavy pedestrian use. Water depths at the location of the proposed dock are approximately 0.75 feet below MLW. The docking facility would extend out into the water approximately 12 feet from the shoreline. The pier would not exceed'/4 width of the water body. The width of the water body measured from marsh grass to marsh grass in the location of the pier is approximately 50 feet.The pier and covered deck would not encroach upon the 15 foot riparian setback lines for the adjacent properties. 10. ANTICIPATED IMPACTS A total of 330 sf of highground area would be covered by a slatted wooden walkway. The dock and gazebo would incorporate 312 square feet of Public Trust Area. A short term increase in turbidity can be expected during piling installation during pier/dock construction. Submitted by: Caroline J.Bellis Date: February 4,2005 Office: Wilmington FEB 1 0 2005 Morehead City DCM RECOMMENDATIONS FOR SHALLOTTE BOARDWALK AND GAZEBO PROJECT The square footage of the proposed docking facility is calculated as follows: Covered Platform 264 sf Floating docks 48sf Total 312sf v'yu !a� Linear footage of applicant's shoreline is 80 feet FEB 1 0 2005 Total allowable square footage is 80 x 4=320 sf hh�,���,� The Wilmington Regional Office staff has no objection to the issuanMorce oa'C`AMA Permit. Any necessary Permits must be obtained from the Corps of Engineers. Recommended Conditions 1. This permit authorizes only the docks,piers,and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures,whether floating or stationary,may become a permanent part of the pier without permit modification. No non-water dependent uses of structures may be conducted on, in,or over public trust waters without permit modification. 2. The authorized structures and associated activity must not cause an unacceptable interference with navigation. 4. The permittee must install and maintain,at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise,on authorized facilities. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Form DCM-MP-1 FF3 0 �005 APPLICATI I .; (To be completed by all applicants) JAN 0 6 2005 1. APPLICANT ;�- a 5 AMR.. DIVISION O F =a...�=WLL MANAGEMENT a. Property Owner: 2. LOCATION OF PROPOSED PROJECT Name Brunswick Electric Membership Corp Address Post Office Box 826 a. County Brunswick City Shallotte State NC b. City,town, community or landmark Shallotte Township Zip 28459 Day Phone (910)754-4391 c. Street address or secondary road number. Fax (910)755-4299 Main Street(US 17 Business, Shallotte) b. Applicant: d. Is proposed work within city limits or planning jurisdiction? X Yes No Name Town of Shallotte e. Name of body of water nearest project (e.g. river, Address Post Office Box 2287 creek, sound,bay) Shallotte River City Shallotte State NC 3. DESCRIPTION AND PLANNED USE Zip 28459 Day Phone (910)754-4032 OF PROPOSED PROJECT Fax (910) 754-2740 a. List all development activities you propose (e.g. building a home,motel,marina,bulkhead,pier,and c. Authorized Agent: excavation and/or filling activities.) The construction of a boardwalk,a gazebo,and a floating Name East Coast Engineering Company,P.A. dock. Address Post Office Box 2469 b. Is the proposed activity maintenance of an existing City Shallotte State NC project,new work, or both? New work c. Will the project be for public,private or commercial Zip 28459 Day Phone (910)754-8029 use? Public Fax (910)754-8049 d. Give a brief description of purpose,use,methods of construction and daily operations of proposed d. Project name(if any) Shallotte Boardwalk and project. If more space is needed, please attach additional pages. Gazebo Project The purpose will be for the public enjoyment of the water. A boardwalk, gazebo, and a floating dock for Revised 03/95 Form DCM-MP-1 � F2 HV I LA canoe/kayak launching will be provided. The Town '. Has professional eolo cal assessment been o g P J p to willalso provide trashcans an benches or public for the tract? ;4 No use. The Town will a responsible for maintenance If yes,by whom? of the project. Typical wood construction will be D 11�S.I O N F. use or a project. k. Is the project logat�lAE #t A �T Historic District or does it involve a ationa Register listed or eligible property? Yes X No 4. LAND AND WATER CHARACTERISTICS 1. Are there wetlands on the site? X _Yes No Coastal(marsh) X Other If yes,has a delineation been conducted? No a. Size of entire tract 1.86 acres (Attach documentation,if available) b. Size of individual lot(s) N/A m. Describe existing wastewater treatment facilities. A wastewater collection system is accessible to this c. Approximate elevation of tract above MHW or site. No wastewater will be generated with this NWL Range 3' MSL—20' MSL. proposed use d. Soil type(s)and texture(s)of tract n. Describe location and type of discharges to waters of Sandy soil. the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash e. Vegetation on tract down"and residential discharges.) Trees, grass. No discharges proposed o. Describe existing drinking water supply source. f. Man-made features now on tract Drinking water is accessible to this site from the Town Existing picnic shelter,existing building and asphalt of Shallotte leased by Chamber of Commerce, existing electric utility substation. 5. ADDITIONAL INFORMATION g. What is the CAMA Land Use Plan land classification of the site? (consult the local [and use plan.) In addition to the completed application form, the following items must be submitted: Conservation Transitional A copy of the deed (with state application only) or (Area of Town and Village Clusters) other instrument under which the applicant claims X Developed Community title to the affected properties. If the applicant is not Rural Other claiming to be the owner of said property, then forward a copy of the deed or other instrument under h. How is the tract zoned by local government? which the owner claims title,plus written permission H-B Highway Business from the owner to carry out the project. i.Is the proposed project consistent with the applicable An accurate, dated work plat (including plan view zoning? Yes X No and cross-sectional drawings)drawn to scale in black (Attach zoning compliance certificate,i(applicable) ink on an 8 '/2"by 11"white paper. (Refer to Coastal Resources Commission Rule 710203 for a detailed FEB 1 0 2005 Revised 03/95 Morehead City DCM Form DCM-MP-1 description.) funds or use o lic IA*sU 6ttggga stat t documenting c ance with the North C • a Please note that original drawings are preferred and Environmental P c A�I V I S I O N OF only high quality copies will be accepted. Blue-line A S TA L MANAGEMENT prints or other larger plats are acceptable only if an adequate number of quality copies are provided by 6. CERTIFICATION AND PERMISSION applicant. (Contact the U.S.Army Corps of Engineers TO ENTER ON LAND regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it I understand that any permit issued in response to this must be sufficiently detailed to guide agency personnel application will allow only the development described in unfamiliar with the area to the site. Include highway or the application. The project will be subject to conditions secondary road(SR)numbers,landmarks,and the like. and restrictions contained in the permit. • A Stormwater Certification, if one is necessary. I certify that to the best of my knowledge, the proposed N/A activity complies with the State of North Carolina's • A list of the names and complete addresses of the approved Coastal Management Program and will be adjacent waterfront (riparian) landowners and conducted in a manner consistent with such program. signed return receipts as proof that such owners have received a copy of the application and plats by I certify that I am authorized to grant, and do in fact, certified mail. Such landowners must be advised grant permission to representatives of state and federal that they have 30 days in which to submit comments review agencies to enter on the aforementioned lands in on the proposed project to the Division of Coastal connection with evaluating information related to this Management. Upon signing this form,the applicant further certifies that such notice has been provided. permit application and follow-up monitoring of the project. Name McMullan Properties, LLC Address 870 Old Canton Road I further certify that the information provided in this City Marietta,GA 30068 application is truthful to the best of my knowledge. Ir Name David Rourk Etal This is the 07 day of October 2003 Address P.O. Box 341 a City Shallotte,NC 28459 Print Name Elizabeth Nelson,Authorized Agent V11`- A list of previous state or federal permits issued for Signature work on the project tract. Include permit numbers, Lan To n r or Authorized Ag t permittee, and issuing dates. N/A Please indicate attachments pertaining to your proposed project. • A check for$400 made payable to the Department of Environment and Natural Resources(DENR)to cover DCM MP-2 Excavation and Fill Information the costs of processing the application. DCM MP-3 Upland Development X DCM MP-4 Structures Information A signed AEC hazard notice for project in oceanfront DCM MP-5 Bridges and Culverts and inlet areas. DCM MP-6 Marina Development A statement of compliance with the N.C. Environmental Policy Act(N.C.G.S. 113A-1 to 10) NOTE:Please sign and date each attachment in the If the project involves the expenditure of public space provided at the bottom of each form. Revised 03/95 Morehead City C)cM Feb 22 05 11 : 09a East Coast Engineering Co 910 754 8049 p. 2 Form DCM-MP-1 Resources Commission Rule 710203 for a detailed If the project involves the expenditure ofpublic funds description.) or use of public lands,attach a statement documenting Please note that original drawings are preferred and compliance with the North Carolina Environmental Policy Act. 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 6. CERTIFICATION AND PERMISSION applicant. (Contact the U.S.Army Corps of Engineers TO ENTER ON LAND regarding that agency's use of larger drawings.) A site or location map is a part of plat requirements and it I understand that any permit issued in response to this must be sufficiently detailed to guide agency personnel application will allow only the development described in unfamiliar with the area to the site. Include highway or secondary road(SR)numbers,landmarks,and the like. the application. The project will be subject to conditions and restrictions contained in the permit. • A Stormwater Certification, if one is necessary. N/A I certify that to the best of my knowledge,the proposed activity complies with the State of North Carolina's • A list of the names and complete addresses of the approved Coastal Management Program and will be adjacent waterfront (riparian) landowners and conducted in a manner consistent with such program. signed return receipts as proof that such owners have received a copy of the application and plats by I certify that I am authorized to grant, and do in fact, certified mail. Such landowners must be advised grant permission to representatives of state and federal that they have 30 days in which to submit comments on the proposed project to the Division of Coastal review agencies to enter on the aforementioned lands in Management. Upon signing this form,the applicant connection with evaluating information related to this further certifies that such notice has been provided. permit application and follow-up monitoring of the Name McMullan Properties. J C project. Address 870 Old Canton Road I further certify that the information provided in this City Marietta GA 30068 application is truthful to the best of my knowledge. Name David Rourk Etal Address P.O. Box 341 This is the 07 day of October ,2004 City Shallotte.NC 28459 Print Name Elizabeth Nelson Authorized Agent A list of previous state or federal permits issued for Signature � y%1 work on the project tract. Include permit numbers, Lando r or Authorized Agent permittee, and issuing dates. N/A PIease indicate attachments pertaining to your proposed A check for 5400 made payable to the Department of project. Environment and Natural Resources(DENR)to cover DCM MP-2 Excavation and Fill Information the costs of processing the application. DCM MP-3 Upland Development X DCM MP-4 Structures Information A signed AEC hazard notice for project in oceanfront DCM MP-5 Bridges and Culverts and inlet areas. DCM MP-6 Marina Development A statement of compliance with the N.C. Environmental Policy Act(N.C.G.S. 113A-I to 10) NOTE:Please sign and date each attachment in the Revised 03/95 Form DCM-MP-4 J�.^! 0 6 2005 STRUCTURES DIVISION OF COASTAL MANAGEMENT (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be d. Breakwater(e.g. wood, sheetpile, etc.) N/A sure to complete all other sections of the Joint (1) Length Application which relate to this proposed (2) Average distance from MHW, NWL or project. wetlands (3) Maximum distance beyond MHW, NWL, a. Dock(s)and/or Pier(s) or wetlands (1)Commercial X Community Private (2)Number 1 fixed boardwalk, 1 floating e. Mooring buoys N/A dock (1)_Commercial_Community Private (3)Length (2)Number Boardwalk 55 LF (3)Description of buoy Floating dock 8 LF. (Color, inscription, size,anchor, etc.) (4)Width Boardwalk 6 LF Floating dock 6 LF (4)Width of water body (5)Finger Piers Yes X No (5) Distance buoy(s) to be placed beyond (i) Number NA shoreline (ii) Length NA (iii)Width NA f. Mooring structure (boatlift, mooring pilings, (6)Platform(s) X Yes_No etc.) N/A (i) Number—I gazebo with roof (1)_Commercial X Community—Private (ii)Length 22' (2)Number (iii)Width 12' (3)Length (7)Number of slips proposed 1 slips (4)Width (8)Proximity of structure to adjacent riparian property lines Approx. 4 feet from g. Other(Give complete description) western property line and approx. 12 feet from eastern property line. (9)Width of water body approximately 46' (10)Water depth at waterward end of pier at MLW or NWL Depths at floating dock approximately 0.75' b. Boathouse(including covered lifts) N/A Shallotte Boardwalk and Gazebo Project (1) Commercial Private Applicant or Project Name (2)Length (3)Width SignaUJA c. Groin(e.g. wood, sheetpile, etc.) N/A l�1 (1)Number ///e (2)Length(s) Date Feb 22 05 11 : 09a East Coast Engineering Co 910 754 8049 p. 3 Form DCM-MP4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be d. Breakwater(e.g, wood, sheetpile,etc.) N/A sure to complete all other sections of the Joint (1) Length Application which relate to this proposed (2) Average distance from MHW, NWL or project. wetlands (3) Maximum distance beyond MHW, NWL, a. Dock(s)and/or Pier(s) or wetlands (1)CommercialXCommunity_yrivate (2) Number 1 fixed boardwalk 1 floatinLy e. Mooring buoys N/A dock (3)Length (1)`Commercial_Community Private (2)Number Boardwalk 55 LF _ (3)Description of buoy Floatin¢dock 8 LF (Color, inscription, size,anchor,etc.) (4)Width Boardwalk 6 LF Floating dock 6 LF (4)Width of water body (5)Finger Piers_Yes X No (5) Distance buoy(s) to be placed beyond (i) Number NA shoreline (d) Length NA (iii)Width NA f. Mooring structure (boatlit mooring pilings, (6)Platform(s) X Yes_-__No etc.) N/A (i) Number azebo with roof (1)_Commercial X Communit (ii)Length 22' y_Private (iii)Width 12' (2)Number (3)Length (7)Number of slips proposed I slips (4)Width (8)Proximity of structure to adjacent riparian property lines Approx. 4 feet from g. Other(Give complete description) western property line and approx. 12 feet from eastern prope line. (9)Width of water body a roximatel 46' (10)Water depth at waterward end of pier at MLW or NWL Depth at floating dock approximately 0 75' b. Boathouse(including covered lifts) N/A Shallotte Boardwalk and Gazebo Project (1) Commercial Private Applicant or Project Name (2)Length (3)Width Signa c. Groin(e.g.wood, sheetpile,etc.) N/A (1)Number J SAD.to (2)Length(s) Date - I- Project Narrative Shallotte Boardwalk and Gazebo Project Brunswick County November 2004 Proposed Development: The property boundary associated with this project involves 1.86 acres of property adjacent to the Shallotte River. The property is owned by Brunswick Electric Membership Corporation, and a portion of the property is leased to the Town of Shallotte. The Town of Shallotte is the applicant, and proposes to construct a boardwalk, gazebo and floating dock in the Shallotte River. Existing EnvrmnmenL- The subject property is located within the Town of Shallotte zoning jurisdiction. The property is located north of Main Street Shallotte (US 17 Business), approximately 400' east of NC 130. The Shallotte River borders the property to the north. The subject property is currently developed with a picnic shelter, and existing building and asphalt leased by the Chamber of Commerce, and an electrical utility substation. No additional upland development is proposed. ECENE JAN o 6 2005 DIVISION OF COASTAL MANAGEMENT FEB I © 2005 City DCM Agent Authorization I, Gerald L. Long, Mayor of the Town of Shallotte, authorize East Coast Engineering Company, PA of Shallotte, North Carolina to act as agent to obtain a Major LAMA Permit and any other State or Local Permits for Shallotte Boardwalk and Gazebo Project. SIGNAtURE TITLE 11-11 -Gy E C E H'I4' 1 DATE BAN 0 6 2005 DIVISION OF COASTAL MANAGEMENT a Notary Public for the County of nsW; the State of North Carolina, hereby certify that appeared personally before me this day and being duly sworn acknowledge that the above statement was executed by him. Witness by hand and notary seal,this �-14- day of YJcJIS . ,2004. SIGNATURE l � My Commission Expires: ,lz E�- DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Town of Shallotte County: Brunswick LOCATION OF PROJECT: Shallotte River,US 17 Business, Town of Shallotte 7 7 � F DATE APPLICATION RECEIVED COMPLETE BY FIELD: FIELD RECOMMENDATION: Attached: YES To Be Forwarded:No FEB 1 U 2005 CONSISTENCY DETERMINATION: Attached:No To Be Forwarded: Yes Morehead City DcM FIELD REPRESENTATIVE: Bellis DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: B DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ fA04. � PUBLIC NOTICE REC'D: 46 / END OF NOTICE DATE: o oLs' ADJ. RIP. PROP NOTICES REC'D: V DEED REC'D: APPLICATION ASSIGNED TO: ON: C) 75 DAY DEADLINE: Oc31ZJ—AS 150 DAY DEADLINE: 0(o/o5l OS MAIL OUT DATE: STATE DUE DATE: FEDERAL DUE DATE: a FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE CoNUVIENrrs OBJECTIONS: NOTES RETURNED YES NO Coastal Management-Regional Representative Coastal Management-LUP Consistency l ZZ(05 Division of Community Assistance Land Quality Section 72�Z l 0s, / Division of Water Quality J ✓ N9 `W 1 Storm Water Management(DWQ) ��19._ Ste/ State Property Office Division of Archives&History Division of Environmental Health C//j Division of Highways Wildlife Resources Commission j2 O'J Division.of Water Resources / Division of Marine Fisheries Submerged Lands(DMF) Permit# DCM Coordinator: Qa AILING DIS IITRIB 1UTION: Permitee: /� �o✓VA J Sha► ��p 1 �C� PO )JK 22$r7 , Ska IV4e, Al�- gent: C��T � <<n92��1) �o. / lea Se- DCM Field Offices: I ehead Ci m on mington US Army Corps of Engineers(USACE): Washington: Mike Bell(NCDOT) Bill Biddlecome(NCDOT) Raleigh Bland ilmington: Dave Tim CDO ) enry Wicker Others: Cultural Resources: i - ar l Environmental Health: Terry Piero// Marine Fisheries: Mike Street./ NCDOT: Ken Pace n Shellfish Sanitation: Patty Fowleil State Property Office: Joseph Henderson water(1nal;ty C5Ildi Karoly(for non-DO John Hennessy-(NCDOT) ater Resources• John Sutherland Wildlife Resources: n Bennett Wynne Davi ox(NCDOT) Travis Wilson(NCDOT) LPO: FAXING DISTRIBUTION: Permitee at_ (s o,�Agent atX4.4 ��°'� e aT DCM Field Offices: Elizabeth City(252/264-3723) Morehead City(252/247-3330) Washington(252/948-0478) Wilmington(910/350-2004) 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 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS R O.BOX 1890 ` -` WILMINGTON,NORTH CAROLINA28402-1890 IN REPLY REFER TO December 19, 2005 Regulatory Division Action ID No. 200500438 and State Permit No. 44-05 Ms. Cindy Babson, CZO Town of Shallotte Post Office Box 2287 Shallotte,North Carolina 28459 Dear Ms. Babson: Through coordination with the North Carolina Division of Coastal Management (NCDCM),we have received a copy of your request(enclosed)to modify your permit issued on May 3, 2005,which authorized the construction of a public canoe dock near the intersection of NC Highway 130 and US Highway 17 Business, on the Shallotte River, in Shallotte, Brunswick County,North Carolina. The modification request consists of separation of the 10' x 20' Gazebo and the 8' x 6' floating dock and ramp. The ramp would extend from the upper limits of Coastal vegetation/mean high water line waterward to an 8' x 6' floating dock and would be located in the same location as originally permitted. The gazebo will be the same dimensions but will be relocated landward approximately 7 feet and the 6' x 55' boardwalk would be eliminated. The proposal continues to be consistent with the provisions and objectives of general permit No. 198000291. The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. If you have any questions or comments you may call me at(910)251-4930. Sincerely, Henry Wicker, Project Manager Wilmington Regulatory Field Office Enclosure -i.:opies Furnished: Chief, Source Data Unit NOAA/National Ocean Survey ATTN: Sharon Tear N/CS261 1315 East-West Hwy., Rm. 7316 Silver Spring, MD 2091 -3282 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Mr. Jim Gregson, District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington,North Carolina 28405 2 TOWN OF SHALLOTTE Post Office Box 2287 • Shallotte, North Carolina 28459 Telephone: (910) 754-4032 Facsimile: (910) 754-2740 - une , — NC Division of Coastal Mgmt � . C/o Douglas V. Huggert 400 Commerce Avenue Morehead City, NC 28577 �U� p Mpre heya RE: Town of Shallotte Permit 44-05; Canoe/Docking Facility City 2005 �C Dear Mr. Huggert: Enclosed please find a copy of the executed permit referenced above. This project has been extended to allow the Town to continue to bid and construct the project this summer. We seek to have this project completed by the end of August 2005. Should you have any questions regarding this project, please do not hesitate to contact me at your convenience. Sincerely, Paul Sabiston Town Administrator • DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS _ P.O.BOX 1890 WILMINGTON.NORTH CAROLINA 28402-1890 REPLY TO ATTENTION OF: May 3, 2005 Regulatory Division Action ID No. 200500438 and State Permit No. 44 05 Town of Shallotte Post Office Box 2287 Shallotte,North Carolina 28459 Dear Madam or Sir: Reference your application for a Department of the Army permit to construct a public canoe dock near the intersection of NC Highway 130 and US Highway 17 Business, on the Shallotte River, in Shallotte, Brunswick 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 approved plan (enclosed). 'Failure to comply with the State authorization or conditions of the generarpermit 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 me at the Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, �t/��J Henry Wicker Regulatory Project Manager Enclosure Copies Furnished without enclosure: Mr. John Dorney Mr. Pete Benjamin Division of Environmental Management U.S. Fish and Wildlife Service North Carolina Department of Environment Fish and Wildlife Enhancement and Natural Resources Post Office Box 33726 1650 Mail Service Center Raleigh,North Carolina 27636-3726 Raleigh,North Carolina 27699-1650 Mr. Ron Sechler Mr. Ronald J. Mikulak, Chief National Marine Fisheries Service Wetlands Section- Region IV Pivers Island Water Management Division Beaufort,North Carolina 28516 U.S. Environmental Protection Agency 61 Forsyth Street, SW Mr. David Rackley Atlanta, Georgia 30303 NMFS, Habitat Conservation Division 219 Fort Johnson Road Doug Huggett Charleston, South Carolina 29412-9110 Division of Coastal Management North Carolina Department of Environment Mr. Jim Gregson, District Manager and Natural Resources Wilmington Regional Office 400 Commerce Avenue North Carolina Division of Coastal Morehead City, North Carolina 28557 Management 127 Cardinal Drive Wilmington,North Carolina 28405 2 Instructions to Word Processing: This is a card letter 31. March 25, 2005 Regulatory Division Action ID No. 200500438 Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environment and Natural Resources 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of Brunswick Electric Membership Corp for a Department of the Army permit to construct a public canoe dock to be located near the intersection of NC Highway 130 and US Highway 17 Business, on the Shallotte River, in Shallotte, Brunswick 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 conditions be included in the State authorization: Z1. All work authorized by this permit must be performed in strict compliance with the attached plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USAGE)prior to implementation. ✓2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY-RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land-clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. ✓ 4. Except as authorized by this permit or any USACE approved modification to this permit, no excavation,fill or mechanized land-clearing activities shall take place at any time in the . construction or maintenance of this project, within waters or wetlands. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. 1;7�All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants,hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste,the , permittee shall immediately report it to the N.C. Division of Water Quality at(919)733-5083, Ext. 526 or(800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 6. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. 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 for reason other than safety. 7. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard,through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at(910) 772-2191. 0. 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 coordination procedures. ✓ 9. Approval of the structure was based on determinations that there would be no obstruction to navigation. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. (1 The permittee shall advise the Corps in writing at least two weeks prior to beginning the work authorized by this permit and again upon completion of the work authorized by this permit. `I. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation.or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). 13. The activity will be condu in such a er as prevent a sign' crease in turbidity outs' e e cons o struction-relate Inc uch that the tur i it in the waterbo NTU's ess in all n ers not designated as trout w the Nprth Carol' 'visio of Environmental Management(NCDEM), 25 NTU's or less in all saltwater clas s and i 1 lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 1 The permittee, upon receipt of a notice of revocation of this permit or upon its expira ion before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre-project condition. 1I Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. ✓16. 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. Questions or comments may be addressed to Mr. Henry Wicker,Wilmington Field Office, Regulatory Division, telephone (910) 251-4930. Sincerely, Henry Wicker Regulatory Project Manager Copies Furnished: Ms. Cyndi Karoly Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Ron Sechler National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. David Rackley NMFS, Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Jim Gregson,District Manager Wilmington Regional Office North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 MEMO To: Doug Huggett, From: Mike Christenbury Subject: Consistency Determination,Major Permit Application, Town of Shallotte —Brunswick County Date: March 22, 2005 The project site is located along the Shallotte River off US 17 within the Town of Shallotte. The applicant proposes to construct a public canoe dock. Areas of Environmental Concern(AFC's) impacted by the proposal are Estuarine Waters and Public Trust Areas. Waters at the project site are classified as SC and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Shallotte Land Use Plan and offer the following comments. The general area of the project is classified developed, while the AECs impacted by the work are classified as Conservation. In general,the Town of Shallotte allows development in conservation classified AECs which is consistent with the State's minimum use standards. The Shallotte Land Use Plan contains some policies which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Shallotte Land Use Plan. Cc: File DEPARTMENT OF THE ARMY WILMINGTON DISTRICT,CORPS OF ENGINEERS PO BOX 1890 WILMINGTON NC 28402-1890 k'Y t=B 2 4 2005 Regulatory Division ((�� o� MM II // ActionID._aDpsc�0�� 8 Applicant: kJl t,�n(SiwrL Etec,-4G I �P,w�/OPt^sl�aice/ Waterway: �V1( LI( 'e RlVe'County: eru'NsLitr-L Type Work: '54rul�� 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 151-B, NC Hwy 24 Mr. Pete Benjamin,Field Supervisor Morehead City, North Carolina 28557 Fish and Wildlife Enhancement U.S. Fish and Wildlife Enhancement I r Post Office Box 33726 t Regional Office Raleigh,North Carolina 27636-3726 Division otToastal Management NC Department of Environment,Health Commanding Officer and Natural Resources United States Coast Guardt� Marine Safety Office t , 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 :3 (- b S Questions or comments may be addressed to the undersigned, available at telephone (910) 251-4930. Sincerely, v � Henry ' ker,Project Manager Wilmington Regulatory Field Office Enclosure 1 MAR 0 8 2005 HCDENR North Carolina Department of Environment and Natural ResourWreheau C'liy r,01,1 Division of Coastal Management Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary February 15, 2005 Ttuvn of Shallotte PO Box 2287 Shallotte,NC 28459 Subject: EXEMPTION Stormwater Project No. SW8050210 SWlotte Boardwalk and Gazebo Project Brunswick County Dear Gentlemen: The Division of Coastal Management through a cooperative agreement with the Division of Water Quality has reviewed your CAMA major permit application to determine if a stormwater management permit would be required from the Division of Water Quality. A review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director of the Division of Water Quality has determined that projects that are reviewed and approved by the Division of Water Quality as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000. By copy o this letter, we are informing you that your project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff,then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater dischar e from projects meeting these criteria. The stormwater rules require the Division of Water 6uality to permit the common plan of development, therefore, any future development on the property, regardless of whether a CAMA Major permit is also required, may require a Stormwater Management Permit application and permit issuance from the Division of Water Quality prior to any construction. Please be advised that this determination is for stormwater management requirements only. Your request for authorization of development under the Coastal Area Management Act is still in process. If you have any questions or need additional information concerning this matter please contact Ms. Linda Lewis with the Division of Water Quality at (910) 395-3900. Sincerely, CY--- Jam G10n Dis 'ctger JG/bar: cc: Delaney Aycock, Brunswick County Inspections Doug Huggett, DCM Charfes Jones, Director Elizabeth Nelson, East Coast Engineering DWQ DWQ Central Files 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX:- 910-350-20041 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 E February 7, 2005 - MEMORANDUM: Morehead r`�'t• Forehead �liy DOM FEB t G ?fps TO: Dan Sams or James Simmons Cpq s ASV�S�ON Division of Land Resources Mq/V11� �NT FROM: Doug Huggett Major Permits Processing Coordinator SUKIECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Shallotte Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck(gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2, 2005. If you have any questions regarding the proposed project, please contact Caroline Bellis 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 DATE Feb %a lzb bS 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper a Ari U19MCT 3 FE.S 14 205 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 February 7, 2005 MEMORANDUM: TO: Ken Pace NCDOT State Construction/Materials Branch FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: WaWn of Shallotte 1 Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck(gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2, 2005. If you have any questions regarding the proposed project, please contact Caroline Bellis 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 rV DATE -Z_ b 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net 2005 An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ri.,;r.�:ilead City DL`f) Le RCDENR MAR 2 2005 North Carolina Department of Environment and Natural RIrasead City DCM Division of Coastal Management Michael F.Easley,Governor Charles S.Jones, Director William G.Ross Jr.,Secretary February 7,2005 MEMORANDUM: TO: Bennett Wynne NC Wildlife Resources Commission FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE&FILL Permit Application Review Applicant: Town of Shallotte Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck(gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2,2005. If you have any questions regarding the proposed project,please contact Caroline Bellis 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: DATE 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Intemet: www.nccoastalmanagement.net An Eaual opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper 1 FEB 2Z '�— 1 MAR 200 v NCDENR 5 rolla Department of Environment and Natural Rests � 11@ad - ��t t_Fis"SANITATION Division of Coastal Management City DCM Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary February 7, 2005 MEMORANDUM: FEB a005 Ll TO: Patty Fowler NCDENR-Division of Environmental Health LSH�ELLFISH SANITATION Shellfish Sanitation Section FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Shallotte Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck(gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2, 2005. If you have any questions regarding the proposed project, please contact Caroline Bellis 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 11 DATE 2-—`7 r0 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\ Internet: www.nccoastalmanagement.net An Equal opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper Ex A7jA NCDENR MAR 4 2005 North Carolina Department of Environment and Natural Reso es Division of Coastal Management forehead City DCM Michael F.Easley, Governor Charles S. Jones, Director William G. Ross Jr., Secretary February 7, 2005 MEMORANDUM: FEB " 9 2005 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 Shallotte Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck (gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2, 2005. If you have any questions regarding the proposed project, please contact Caroline Bellis 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. Q SIGNED L. LJLJ DATE 127 Cardinal Drive Ext.,Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\ Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%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 SWUM! 2' 6 4 D� o s February 7, 2005 p �K FEB 9 Prn*. / MEMORANDUM: TO: Renee Gledhill-Early S n 1Zf NC Dept. of Cultural Resources Archives & History .. FROM: Doug Huggett Major Permits Processing Coordinator MAR 3 2005 SUBJECT: CAMA/DREDGE & FILL Permit Application Revi Morehead City DCM Applicant: Town of Shallotte Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck (gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2, 2005. If you have any questions regarding the proposed project, please contact Caroline Bellis 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. RECEIVED This agency objects to the project for reasons described in the attached comments. FEB 11 20 SIGNED 9� DATE a c2 127 Cardinal Driv PNorthe Ext., Wilmingto Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper FEB 1 C �� � HCDENR 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 ry i � G CaIHt( i February 7,2005 MEMORANDUM: CFIvED fVioreh:0 dIL TO: Linda Lewis FEB 0 8 2005 �a or D < Noelle Lutheran Division of Water Quality DZZ FROM: Doug Huggett O Major Permits Processing Coordinator K m SUBJECT: CAMA/DREDGE & FILL Permit Application Review ` Applicant: Town of Shallotte Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck (gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2, 2005. If you have any questions regarding the proposed project, please contact Caroline Bellis at (910) 395-3900. When appropriate, in-depth comments with supporting data is requested. NO 2/6/ REPLY: This agency has no objection to the project as proposed. A u ire Lf 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. SIGNED6,-,a 6,,(, DATE 5-�A 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX:' 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer—50%Recycled 110%Post Consumer Paper ter••�• I� 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 February 7,2005 FD � � aMEMORANDUM: �jTO: Fritz Rohde For Preston P. Pate, Jr., Director Division of Marine Fisheries F-H_r�,�`; " FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Town of Shallotte Project Location: Shallotte River, US 17 Business, Town of Shallotte, Brunswick Co. Proposed Project: The applicant proposes to construct a 55' x 6' boardwalk along the edge of the river, a 22' x 12' covered deck (gazebo), and a 6' x 10' floating dock. Please indicate below your agency's position or viewpoint on the proposed project and return this form by March 2, 2005. If you have any questions regarding the proposed project, please contact Caroline Bellis 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 DATE 2/ �0S 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\FAX: 910-350-2004\Internet: www.nccoastalmanagement.net An Equal Opportunity\Affirmative Action Employer—50%Recycled\10%Post Consumer Paper East Coast Engineering Company, P.A. 4918 Main Street Fax: 910.754.8049 Consulting Engineers Post Office Box 2469 Office: 910.754.8029 Shallotte,NC 28459 Jaraary 5, 2005 Ms. Caroline Bellis Division of Coastal Management 1L'd NC Department of Environment and Natural Resources 1Ld H V 127 Cardinal Drive Extension Wilmington,North Carolina 28405-3845 JAN 0 6 2005 DIVISION OF Subject: Town of Shallotte COASTAL MANAGEMENT Boardwalk and Gazebo Project Bninswick County Major CAMA Permit Application Submittal Dear Ms. Bellis: Enclosed is a submittal package for a proposed dock system for the Town of Shallotte. The project is located within the Town of Shallotte,Brunswick County. The enclosed submittal package includes the following: 1. A Project Narrative. 2. A completed and executed major CAMA application (Form DCM MP-1). 3. A completed and executed Structures application(Form DCM MP-4). 4. A copy of the deed for the property. 5. A copy of the recorded lease agreement for the Property between Brunswick Electric Membership Corporation and the Town of Shallotte. 6. Notarized statement from the Town of Shallotte authorizing East Coast Engineering Company,PA to act as agent. 7. Two complete set of design plans,sheets C1-C3 on 11" by 17" sheets. 8. A copy of the letters notifying the adjacent riparian property owner of the proposed development, and the green cards verifying the receipt of these letters. 9. A copy of the adjacent riparian property owner notification/waiver form from both adjacent property owners,waiving the 15' setback requirement. 10. A check in the amount of$400 to cover the required application fee. If you have any question or require any additional information,please contact our office. Sincerely, H V 1E, Elizabeth Al Nelson,PE JAN 0 6 2005 Enclosures DIVISION OF Copy: Ms. Cindy Babson, Town of Shallotte COASTAL MANAGEMENT File:2000.27 (Town of Shallotte Pier) I- FEB 1 0 2005 Moro head City ®CM DWQ oCM!6 ^ 124306 1602 43SI0009S 2341) povalcprnanlTypo Fcc (1E000 1601 4351C0093162_62. 1 1. Pt(vih�,ncn•eom nacciatI 0%(SO) dowapi:rnunt that duos not invalvu UY;fills ld or exravolipn of any wuUarlrfS or opnn wt,jet areas: v IL Pulaie,r cummcrcial doveloprnenl '1 10046 that does not lnvolvo tha rifling cr S400 ;,X,�tv:,lian of any wetlands or open walcjr arc�A.^.: fit. For development that involves tho 6111r0 an,?J>r o:crsvalion of up 10 1 acra of w!,lland3 andlor open w'Mr 3raas,daiO rn?nu if A,E.C.or D hr:lrw ni:l:lir.S: lll(A.). For t'rvale.non-corrmerual 100%(SiSO) C%(SC) dr;vnlni rnCnt.II Gonortt walar duality £250 �::r.:•.•I;nn No.3301(sce olllchcd) c.:r ee npplied: Fcr pu•`.lic orcomma:cial C=/(SC) �•:ctc�c_r,l,If Gan,:rut water cualiry 00 100:(S•100) cit 7 (i";icn No.33O1(-Uc 0113rhed) can ba apP'it3d: IIl((:}. If Genc:Jl Wohr Qu�lily No.3301(See 3t!3rlled) c +!to I^Si•cd,but DCh1 S1,u1 dc!cmY:nn.i li at aEditional review and - '0 wd!lcn DvjO mric urtenca is n�-edc:d f,ccaus:of eattcems related to water or acul.-Aic WO: 11!(D}, I!Can^_rat Walnf Aualil/ 6U;;(52-0) 40%(S1 G") CarlifCu�at Na,3101(:tea allocnci S-✓7 can not b.:appotcd: IV. F:r ao-;ne^ `tat invc:vcs 40%(S190) C c Go%(5395) i, tlian cne:•cru of well3nt::and/or area,,.: FEB 1 0 2005 Morehead City DUA .t Q�� 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 February 7, 2005 FAX: 910-754-5407 2 Pages Brunswick Beacon Ms. Carolyn Sweatt FEB Legal Advertisement Section Post Office Box 2558 Morehead City DCM Shallotte, North Carolina 28459 Re: Public Notice - Town of Shallotte Dear Ms. Sweatt: Please publish the attached Notice in the Thursday, February 10, 2005 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. Please also send a copy of the affidavit to DCM, 127 Cardinal Drive Extension, Wilmington, NC 28405. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Aeverly ark ement Admin. Assistant Enclosure cc: Doug Huggett Ted Tyndall 127 Cardinal Drive Extension, Wilmington, North Carolina 28405-3845 Phone: 910-395-3900\Fax: 910-350-2004\ Internet: http://dcm2.enr.state.nc.us An Equal Opportunity\Affirmative Action Employer-50%Recycled\10%Post Consumer Paper fq NOTICE OF FILING OF '.� APPLICATION FOR CAMA MAJOR FEB I 0 2005 DEVELOPMENT PERMIT Morehead City DC°n_4 The Department of Environment and Natural Resources hereby gives public notice as 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 January 6, 2005. According to said application, Town of Shallotte, proposes to construct a 55' x 6' board walk along the edge of the river, a 22' x 12' covered deck(gazebo), and a 6' x 10' floating dock, located at Shallotte River, US 17 Business, Town of Shallotte, Brunswick County. A copy of the entire application may be examined or copied at the office of Caroline Bellis 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 March 2, 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. � 4 Y 0 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 JJFebruary 4,2005 :✓� FEB 1 0 20 05 Elizabeth Nelson East Coast Engineering Morehead City �� 4918 Main Street Shallotte,NC 28459 Dear Mr.Floyd: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the proposed development of a boardwalk and community dock facility along the Shallotte River Shallotte, Brunswick County. It was received as complete on January 6,2005 and appears to be adequate for processing at this time. The projected deadline for making a decision is March 22,2005. 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 January 6,2005,you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner,developer,and project designer/consultant. NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be:Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property;or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made,and if additional information is required,you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Caroline Bellis Field Representative Enclosure cc: Doug Huggett,DCM Jim Gregson,DCM Town of Shallotte Henry Wicker,COE 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 Phone: 910-395-39001 FAX: 910-350-20041 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer-50%Recycled 110%Post Consumer Paper i s ^W C:AMA PI= RMIT APPLIE F R PROJECT: �� 4w-t.-CA-O'L4 ,4 eiwsll�-^4A A po'J4 V4 Zia 01%t / ' 0 ' • COMMENTS ACCEPTED THROUGH �rZav� APPL ANT: FOR MORE DETAILS CONTACT f� THE LOCAL PERMIT OFFICER BELOW: .1' 4./(• tf A; 21 Y O 9 a �/v • 7S�/- yn J Z _ 9/0- 39 yoo lil V! ► N"V t--VA,1 AL nr N-P". rzmt�/V 1_ ADJACQ4T RIPARIAN PROPERTY OWNI?iz NOTIFIC VER FDRt�i Name of Individual Applying For Permit: t oCE Srta _ Address of Property: MA►Q S MCET U. ! A (Lot or Street 9. Street or Road) (City and County) I hcareby certify that I own property adjacent to the abovc-referalced property. The individual applying for this permit has describedto me as shown on the attached drawing the development they are proposing_ A des ' tion or drawing, with dimensi ons,should be provided with this letter. iJ� I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal ,Management, 127 Cardinal Drive ]Extension, Wilmington, NC 28405 or call 910-395-3900 within 10 days of receipt of this notice. No respow9e is considered the sane as no objection if you have been notified by Certified Mail. I understand that a pier,dock, mooring pilings,breakwater, boat house or boat lift must be set bek a minimum distance of 15'from my area of riparian access-unless waived by me. (If y u wi waive the setbaclt,you mast initial the appropriate blank below.) I do wish to waive the 15'setback requirement. I do not wish to waive the 15'setback requirement- Sign Name Date Print Name MCD&K Tclrplione N ber with Area Code S:lcama\shellslriparianpropcM.frm D JAN 16 2005 DIVISION OF COASTAL MANAGEMENT z -d DIVISION OF COASTAL MA AGEMENT ADJACEN_T RIPARIAN P. OPERTY OWN'FR NOTIFICATION/WAIVER FO Name of Individual Applying For Permit: j ow L) oF i+ALL07TE Address of Property: IVltoi,N S` i � c-, (-4 6u&tj6ssrtA Ld� (Lot or Street#, Street or Road) (City and County) I hereby certify that I own property adjacent to the above-referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing, with dimensions, should be provided with this letter. IjL I have no objections to this proposal. If you have objections to what is being proposed, please write the Division of Coastal Management, 127 Cardinal Drive Extension, 'Wilmington, NC 28405 or call 910-395-3900 within,10 days of receipt of this notice. No response is considered the same as no objection if you have been notified by Certified Mail. -WAIVER! 'rON I understand that a pier, dock, mooring pilings, breakwater, boat house or boat lift must be set bck a minimum distance of 15'from my area of riparian access-unless waived by me. (If you wish to waive the setback,you must initial the appropriate blank below.) `V9- I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. Sign Name Date o Print Name A*A NCDENR �CA1WW" �=a. GN""N"w µY NRW.�t{iHOuRCW Telephone Number with Area Code S:lcama\shellslriparienproperty.frm D FJ (/C'1KVFJ JAN 0 6 2005 DIVISION OF COASTAL MANAGEMENT JAN 6 2005 L. C. ROURN, I D I V I S I O 1`l F TO ) DEC COASTAL MANAGEMENT BRUNSWICK ELECTRIC MEMBERSHIP CORP. ) NORTH CAROLINA BRUNSWICK COUNTY LjljO n . Iy TMiS DEED, Made this 16th day of Apri 7, by L. C. floupiraa e ,[-b B •wlek County, State of North Carolina, party of tDe t par • ok g�lh♦D{ m erahip 4.4' Uorporatlon, a North Carolina Corporation, with LJ - ott•, North . Carolina, party of the second parts n sUn1J Hr MG�1017C�,'f�G^L� THAT said party of the flrat p2 In aonsidera d Dollara, to him paid by said party of the second part, the receipt of which �edg.d, has bar- . . gained and sold, and by these presents, do grant, bargain, sell and c 0 the said party of the second part, its successors and assigns, a certain tract or parcel of and in Shallotte Township, Brunswick County, State of North Carolina, and bounded and described as follows: Lying and being in Shallott, 'Township. Brunswick County, North Carolina and bounded on the North by Shallott• River; on'th• East by lands of Brunswick I Electric Membership Corporation; and on the South and West by lands of L. C. Rourk and mare particularly described as follows: -- r BEGINNING at an iron stake in the west line of the Brunswick Electric Member- , s'.• shipp CorpOratlon�s of or parcel of land purchased from L. C. Rourk in January, 1948, said DeglnnI Int being North 6 degrees 15 minutes 109.05 feet u.. from the Southwest c of the Brunswick dlectrlc N r�Fip rporatlon�a i Lot or parcel of land sod from L. C. Ao k af;1\l thence y: North 75 degrees 36 minute 60 fist sc • orth 6 }• do gross 15 minutes East 299. e t 1 • k South aide of ;.r',• � ! - Shallotte River; thence Nor �• E t 6 at to an iron stake in vli the West line of th B • la ip Corporation Lot; thence with the Ws•t lino tric Membe������� n Sub- ` boainLon nl'10t South • • nut t 29.4$''f'eY,`t' oint of TO HAVE AND TO HULL) the aforesaid tract or parce d all privileges and appur- t•nances thereunto belonging, or in anywise thereunto app•r La ng unto it, the said party of the second part, its DUCC03SOVS and assigns, in fee simple absolute forever. And the said party of the first part do, for himself and his heirs, executors and adminta- rI trators, covenant to and with the said party of the second part, its successors and assigns, that he is_seized of said promises.in fee, and have a right to convey the some in roe simple;, t) that the mama are free and clear from all encumbrances, and that he does hereby forever warrant i and will forever dofend the title to,the sari against the claims of all persons whomsoever. ,; •„ _ In Testimony whereof, the said party of the first part has hereunto set his hand and anal, t�t y the day and year first above written. ilitaasat Edna Gore (REVENUE STAYS 55q) L. C. Rourk (Seal) Q 11 f' �• .' NORTH CAROLINA �• BRUNSWICK ICK CO COUI2TY n �• I, Jim Davis Jr, a Notary Public, do hereby c t f ��Iy�DtyY��yr,, rk, a widow appeared before ma this day and acknowledged knowledged the d U v-- tt ��I g dvoyance. e o Witness W hand and official anal. this 6 day o April, 1957. ���S(Sea+l � M7 oo•saisslon sxpirest Nov. 23, 1957 JSm Davis Jr. p� t N. P. Seal F+' STATE OP NORTH CAROLINA BRUNSWICK COUNTY . Ci The foregoing certificate of Jim Davis Jr, a Notary Public of Brunswick County, and State I, of H. C. is adjudged to be correct. Let the instrument with the certificate. be registered. �.: Witaoss My hand, this the 7 day of Mays 1957. .i ` �` •-� .) Victoria L. Aldridge i Asst. Clark Superior Court Filed for registration on the 7 day of May, 1957, at 11 a A. H, and Brunswick County--Register of Deeds Robert J. Robinson 588 Inst #201763 Book 1912Pagl��(1I 03/19/2004 01:54:40pn Rec# 6 w JAN 6 2005 DIVISION OF COASTAL MANAGEMENT Prepared by: Dennis T.Worley, Esq. McGougan,Wright,Worley& Harper P.O. Box 457 Tabor City, NC 28463 STATE OF NORTH CAROLINA 1 1 LEASE AGREEMENT COUNTY OF BRUNSWICK 1 THIS LEASE AGREEMENT, made and entered into this the day of a a ro 1, oo0_ -2e6 , by and between BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION, a North Carolina electric cooperative, hereinafter referred to as "BEMC;" and the TOWN OF SHALLOTTE, a North Carolina municipality, hereinafter referred to as "TOWN;" WITNESSETH : That for and in consideration of the rental hereinafter stated and the mutual promises and covenants contained herein to be kept and performed by the TOWN, BEMC does hereby lease and let unto the TOWN that certain tract or parcel of land located in Shallotte Township, Brunswick County, North Carolina, and being more particularly described as follows: See Schedule "A" annexed hereto for further certainty and accuracy of description. TO HAVE AND TO HOLD the above-described premises, together with privileges and appurtenances thereunto belonging unto the TOWN, upon the following terms and conditions: 1. TERM. The term of this Lease shall commence on the day of Ma«c, o?oo , 2983-, and shall continue through the 19 day of Now 2007, however, the term of this Lease may be shortened or terminated if required by the United States of America, acting by and through the Administrator of the Rural Utility Services in order to be in compliance with any mortgage or security interest previously executed in favor of the United States of America. Notice of termination shall be given in writing to the TOWN in which event the TOWN shall have the right to remove all improvements and other structures located upon said property in accordance with the provisions herein contained. 1 MCGOLIGAN,WRIGHT,WORLEY AND HARPER,L.L.P.,ATTORNEYS AT LAW-P.O. BOX 4S7,TABOR CITY,N.C. 28463 Inst t 201763 Book 1912Page: 589 2. RENT. The rent for the term of this Lease shall be the sum of �)- Dollars ($ I oo °= ) per year for maintenance of the property and complying with all other terms and provisions of this Lease. 3. USE. The TOWN agrees to use the premises for the primary purposes of a small recreational park. It is specifically acknowledged and agreed that the TOWN shall permit the use of the property only for the use of a recreational park and failure to utilize the premises shall cause this lease to terminate and the premises shall revert to BEMC, subject to the provisions hereinafter contained. 4. MAINTENANCE OF PREMISES. The TOWN shall be solely responsible for keeping and maintaining the premises together with all improvements and other structures thereon located and shall keep the same in a clean, neat, and well-landscaped manner at all times. 5. INSURANCE. The TOWN shall maintain at all times during the term of this Lease a policy or policies of general liability with a minimum amount of no less than 4 t ova,avo Dollars ($Ipc-, Q ) single limit coverage to insure that all invitees and licensees of the TOWN are insured from loss or damage to persons or property while on the premises from any acts of negligent omission or commission by the TOWN or its agents, employees or licensees. Said policy or policies shall include BEMC as an additional insured thereunder and the TOWN shall provide BEMC with proof of continuous coverage during the term of this Lease. It shall be the TOWN'S right or privilege to insure any building located on the premises from loss by fire, wind, flood or other casualty. 6. TAXES. The TOWN shall be responsible to pay any and all city and county ad valorem taxes on the improvements and underlying land upon which said lot is located during the term of this Lease. 7. ASSIGNMENT/SUBLETTING. This Lease may not be , assigned nor sublet without the prior written consent of BEMC. 8. NUISANCE. The TOWN shall not allow public or private nuisance to exist or continue on the premises and shall not use or allow the premises to be used for any unlawful purpose and shall not allow unreasonable noise, odor, disturbance or sight to emanate from the premises, and shall not perform any act which would result in the contamination of said site by hazardous substances as contemplated by federal, state, and local prohibition, and in the event any of such substances shall cause any contamination, then the TOWN will undertake the appropriate remedies to remove such hazardous substances. 9. NOTICE. All notices required to be given to the parties shall be given at the following addresses: Brunswick Electric Members o �,9 Attn: Chip Leavitt, CEO P.O. Box 826 Shallotte, NC 28459 J A N 111 6 2GO5 2 DIVISION OF COASTAL MANAGEMENT McGOLIGAN,WRIGHT,WORLEY AND HARPER,L.L.P.,ATTORNEYS AT LAW-P.O.BOX 457,TABOR CITY,N.C. 28463 Inst # 201763 Book 1912Page: 590 The Town of Shallotte Shallotte, NC 28459 10. DEFAULT. Should TOWN fail to keep and/or perform any of the covenants required of the TOWN under this agreement and remain delinquent in complying with the same after thirty (30) days prior written notice by BEMC to the TOWN of said condition, delinquency, or non- compliance, then BEMC shall be entitled to declare this Lease Agreement terminated, to re-enter the premises, without resort to legal process, and evict the TOWN from said premises because of any delinquency, default, or non-compliance. Any delinquency, default, or non-compliance which are found to exist on any one or more occasions shall not amount to a waiver by BEMC. 11. UTILITIES. The TOWN shall be responsible to pay for all electricity, water, gas, light, heating, power, sewage, telephone or other utility service used, rented, or supplied upon or in connection with the premises. 12. EXISTING RUS MORTGAGES. The parties hereto specifically acknowledge that BEMC has heretofore executed mortgages, supplemental restatement of mortgages, and amendments to said mortgages in favor of Rural Utility Services (RUS), a department of the United States Government, with said mortgages being duly filed and recorded in the Office of the Register of Deeds of Brunswick County. It is specifically acknowledged that this Lease Agreement shall be subordinate and is subject to the existing mortgages, restatement of mortgages, and other amendments thereto. It is further specifically understood and agreed that this Lease Agreement shall be subordinate to any future modification, extension, renewal, replacement or consolidation of any existing mortgages as well as subordinate to the creation, modification, extension, renewal, replacement or consolidation of any future mortgage securing any financing of BEMC. It is further acknowledged that Rural Utility Services has a prior lien on said property and that by virtue of said lien, has certain preemptive and other contractual rights which may nullify, set aside, or terminate this Lease. BEMC agrees to give as much advance notice to the TOWN should RUS or its successors in interest elect to exercise any rights pursuant to the terms, conditions, and provisions of the existing mortgages or any future mortgage that BEMC may execute. It is further understood that the TOWN shall agree to execute such leasehold subordination agreements and documents as may be required by BEMC's lenders under any existing or future mortgage or other encumbrance as may be necessary to secure said premises. 13. RIGHTS AND DUTIES AT LEASE TERMINATION. (a) Removal of Improvements: At the end of the term of this Lease, the TOWN shall have the right an 006r(''�tf,`�r-n,' improvements from the premises to another to a of it.lysafo ker d 3 JAN Q 6 20135 DIVISION OF COASTAL MANAGEMENT McGOUGAN,WRIGHT,WORLEY AND HARPER,L.L.P.,ATTORNEYS AT LAW-P.O.BOX 457,TABOR CITY,N.C. 28463 Inst t 201763 Hook 1912Page: 591 to exceed three (3) months from the date of written notice and/or termination of said Lease. (b) Town's Responsibility: Upon termination of this Lease, the TOWN shall leave the property in a clean state, removing all debris, and returning the property to its natural state to the extent possible. 14. INDEMNIFICATION. The TOWN shall hold BEMC harmless from and indemnify BEMC against any damage, loss, expense, response cost, fine, or other penalty or liability including consultant fees and attorneys fees resulting from hazardous substances generated, stored, disposed of, or transported to, on, or under the site as a result of the TOWN'S use of the site. For the purpose of this Agreement, "hazardous substances" shall include any substance which contains gasoline, diesel fuel, or other petroleum hydrocarbons, any substance which is flammable, radioactive, corrosive or carcinogenic, any substance, the presence of which on the site causes or threatens to cause a nuisance or health hazard affecting human health, the environment, the site or property adjacent thereto, any substance, the presence of which on the site requires investigation or remediation under any hazardous substance laws, both Federal and State, which exist as of the date hereof or which may be hereinafter amended, and it is specifically understood that this provision shall survive the expiration or other termination of this Agreement and shall apply notwithstanding any other provision of this Agreement. 15. Each of the parties agree to do such further acts and things and to execute and deliver such additional documents as the other may reasonably require to consummate, evidence, or confirm this Agreement. 16. It is further understood that this Agreement represents the obligations of the parties hereto and that no modification, waiver, or amendment of this Agreement shall be binding upon the.parties except as contained in a subsequent agreement between the parties hereto. = 17. Nothing herein shall be construed so as to constitute a joint venture or partnership between the TOWN and BEMC. C:- o 4L 18. The TOWN shall not permit any mechanic's or materialman's lien to be placed upon the site, however, TOWN shall not be in default under this section if TOWN discharges such lien by bonding or m (D otherwise within a reasonable period after the imposition of such lien. 19. If any section, sub-section, term, or provision of this 4 00 Agreement shall to any extent be invalid or unenforceable, the remainder of said section, sub-section, term, or provision of this Agreement, or the applicable of the same to the parties or circumstances other than those to which it was held Invalid or unenforceable, shall not be affected thereby, and each remaining section, sub-section, term or provision of this Agreement shall be valid or enforceable to the fullest extent provided by law. D 4 JAN 0 6 2005 DIVISION OF COASTAL MANAGEMENT McGOUGAN,WRIGHT,WORLEY AND HARPER,L.L.P.,ATTORNEYS AT LAW-P.O.BOX 457,TABOR CITY,N.C. 28463 Inst # 201763 Book 1912Page: 592 20. MISCELLANEOUS REQUIREMENTS. (a) All improvements made to the site by the TOWN will be subject to all applicable ordinance laws, rules and regulations of the Town of Shallotte, County of Brunswick, State of North Carolina, and any other pertinent regulatory authority. (b) The TOWN shall to the fullest extent permitted by law, release, indemnify, defend and save harmless BEMC and its officers, officials, agents, and employees, from and against any and all liability, losses, costs, claims, penalties, fines, clean-up costs and other pollution- related items, damages, expenses, and fees arising out of any act or omission, negligent or otherwise, of TOWN or its officers, officials, agents, or employees relative to the use of said premises. (c) The TOWN or its representatives have inspected the site and found it suitable for the TOWN'S purposes. BY THE EXECUTION OF THIS AGREEMENT, TOWN SHALL BE DEEMED TO HAVE ACCEPTED THE SITE IN AN "AS IS" CONDITION AND ACKNOWLEDGE THAT BEMC HAS MADE NO REPRESENTATIONS OR WARRANTIES, EXPRESSED, IMPLIED OR OTHERWISE, WITH RESPECT TO THE SITE INCLUDING, WITHOUT LIMITATION, A WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. (d) The TOWN will have a duty to maintain the property in accordance with its intended use as a park, shall cause the appropriate warning signs and other notices to be placed on said property, and shall patrol and monitor said property as may be necessary to achieve compliance with its intended use. Further, the TOWN will undertake the necessary studies, research, and investigations to assess the property and adjoining facilities of BEMC for any potential hazard and shall undertake the necessary steps to make the property safe in accordance with the intended use and needs of the TOWN in the utilization of said property. (e) The TOWN shall not permit any persons, groups, or organizations to block BEMC's driveway to the substation located on said property and the TOWN shall undertake the necessary steps to enforce (('c?t..�' and ensure BEMC's accessibility to the substation property. L �n o (f) The intended uses of the TOWN shall not conflict, o prohibit, or in any way interfere with BEMC's continual utilization, maintenance, and use of the substation located on said property and IS BEMC reserves the right to expand, modify, make additional construction, } m and utilize the tract of property for the purpose of the substation and any ^ other intended uses that BEMC or its assigns may require. (g) BEMC also reserves the right to notify the TOWN to close the park for any period of time, either temporarily or extended, as may be necessary to effectuate and make any repairs or other improvements on the substation site for the purpose of improving safety and removing hazards to any potential third party. (h) This Agreement shall be binding upon the parties here and the successor of any party hereto. 5 JAN 0 6 2005 DIVISION OF COASTAL MANAGEMENT McGOLIGAN,WRIGHT,WORLEY AND HARPER,L.L.P.,ATTORNEYS AT LAW-P.O. BOX 457,TABOR CITY,N.C. 28463 Inst # 201763 Book 1912Page: 593 (i) This Agreement shall be governed by the laws of the State of North Carolina. 0) No timber or trees shall be cut or harvested from said property without the permission of BEMC. IN WITNESS WHEREOF, the undersigned have executed this Lease Agreement, the day and year first above written. BRUNS IC ELECTRIC MEMBERSHIP CORPORATION BY . ATT President �K` �( (SEAL) Secretary �d ca `N �d16%1� THE TOWN OF SHALLOTTE °F•SNq�''�, Mayor �opPPoMo�m; ECG' IT V Z ti (SEAL) %09ag.... Town Clerk CAR o .��° JAN 0 6 2005 nnuued STATE OF NORTH CAROLINA DIVISION OF , COUNTY OF BRUNSWICK COASTAL MANAGEMENT- This This the V day of Yxah c� 200b, personally appeared before me, 1-(a—L,, >-- _ _O v a Notary Public, of said county and state, L. CALVIN DUNCAN, who being by me duly sworn, says that he knows the common seal of BRUNSWICK ELECTRIC MEMBERSHIP CORPORATION and is acquainted with HUBERT K. BRITTAIN, who is President of said corporation, and that he, the said L. CALVIN DUNCAN, is the Secretary of said corporation, and saw the said President sign the foregoing instrument, and saw the said common seal of said corporation affixed to said instrument by said President, and that he, the said L. CALVIN DUNCAN signed his name in attestation of the execution of said instrument in the presence of said President of said Corporation. Witness my hand and notarial seal, this days 200$. Notary Public My commission expires: ►� 6 MCGOLIGAN,WRIGHT,WORLEY AND HARPER, L.L.P.,ATTORNEYS AT LAW-P.O. BOX 457,TABOR CITY,N.C. 28463 Inst # 201763 Book 1912Page: 594 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK This the I ID day of 2000 personally appeared before me, C.INDJIABS-DN , a Notary Public, of said county and state, N C who being by me duly sworn, says that the knQws the Qomrnon seal of the TOWN OF SHALLOTTE and is acquainted with bePUld L n , who is Mayor of said municipality, and that_he, the said T j is the Town Clerk of said municipality, and saw the said Mayor sign the foregoing instrument, and saw the said common seal of said municipality affixed to said instrument by said Mayor, and that�? he, the said N ET I signed his/her name in attestation of the execution of sah instrument in the presence of said Mayor of said municipality. Witness my hand and notarial seal, this 16_day of 20 j. KR'� Notary Pu Ic" •�• My commission expires: NORTH CAROLINA COLUMBUS COUNTY The foregoing or annexed certificate(s)of Notary(ies) Public is/are certified to be correct. This instrument and certificate are duly registered at the date and time and in the book and page shown on the first page thereof. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK NANCY M. DIMMERY, CYNTHIA MARIE BABSON The Foregoing(or annexed)Certificate(s)of Notary(ies)Public is(are)Certified to be Correct. 19th March 2004 This Instrument was filed for Registration on this Day of in the Book and page shown on the First Page hereof. R013E-kT J.RO SON,Register of Dee lr To )S1J C E itIV E F.•IdonnalbemCILeaseAgreement with Town ofShallotte.do5 •I U 6 2L35 DIVISION OF COASTAL MANAGEMENT McGOUGAN,WRIGHT,WORLEY AND HARPER,L.L.P.,ATTORNEYS AT LAW-P.O.BOX 4S7,TABOR CITY,N.C. 28463 SCHEDULE"A' Inst # 201763 Book 1912Page: 595 Being all of that area currently occupied and used by the Town of Shallotte,North Carolina,as a park within the Town of Shallotte;said park being located behind the Brunswick County Electric Membership Corporation's substation and the Chamber of Commerce substation, with the beginning point being located on the Shallotte River and extending south along the western boundary of the Brunswick Electric Membership Corporation's property acquired from L.C. Rourke by deeds recorded in Book 131,Page 481,Book 90,Page 520,and Deed Book 131,Page 481,to a point on the Northern side of a roadway fence along said roadway on the North side to the Eastern boundary of the Brunswick Electric Membership Corporation's tracts identified and described in the aforementioned deeds; thence North along the Easternmost boundary of the Brunswick Electric Membership Corporation's tracts above described to the Shallotte River; thence along said Shallotte River in a Westward direction to the point and place of beginning, with said tract being currently occupied by the Town of Shallotte as a recreational park. It is noted that this description is derived from maps previously prepared by Brunswick Electric Membership Corporation and that the properties have not been surveyed by a Registered Land Surveyor. JAN 0 6 2GG5 OF COASTAL DIV(SION MANAGEMENT