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35983_SPRINT COMMUNICATIONS_20031106
CAMA / ❑ DREDGE & FILL GENERAL PERMIT Previous permit# A111 'New ❑Modification F]Com fete Reissue ❑Partial Reissue P Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC �% 1� • % d EXRules attached. Applicant Name S Pokw_C ommot /CA7iIOM-S Project Location: County U kHI % tJGK Address 8/6 FA/AGA-oy&w Rd.Street Address/ State Road/ Lot #(s) g616 67L=,'1 -1J- ,/ City G4-/.-A/gH'7/l Gi7`y/StateA)C ZIP -97909 kG!40acs �o ,r��i`�- X55 Cclxo Irve- Phone # Q 5) 33 ^.5146 3 Fax # (2-54) !93 �� '?� � Subdivision -10 L N P Tc trV HA�-f= N 15A Authorized Agent C k o Y^TG JJ 0 f 0 r Al fir- C o ge,#(), City �J � /N T� c 1C ZIP ! 7 Affected ❑ CW NJ EW QPTA ®;ES ❑ PTS Phone # ( ) River Basin / A `R700 %R AJN ❑ OEA ❑ HHF ❑ 11H ❑ UBA ❑ N/A AEC(s): Adj. Wtr. Body C u /� �i T L' . [I PWS: 11 FC: -) t'�at /mean /unkn) ORW: yes / Cno; PNA yes /.'6o, Crit. Hab. yes / no Closest Maj. Wtr. Body— Type ody Type of Project/ Activity N 6 T -,r 4L. 0 OG L != T Ttf e t� r� o A o i n A4 � is r tA-, r o M E J A F- 4F L � (Scale: !tJ 7"5 ) Pier (dock) length A- k4 ! -Q 15 7-f L- I- A - - '� - -- - — Platform(s) % © a Li A A A Cit f PF A.l GJ Finger pier(s) _ Groin length f!*i / X f G7i .ri 1J A £ number - -- --- — Bulkhead/ Riprap length ! ,# C/ i• avg distance offshore ,� ' max distance offshore ; . 01 U 146-,r7 . Basin, channel r cubic yards Boat ramp Boathouse/ Boatlift Beach Bulldozing Other Shoreline Length SAV: :not sure , yes Sandbags: notsure yes Moratorium: n/a yye�s Photos: yes Waiver Attached: yes o ,,�!n- (y n) no no no I /-4 f' r- A / 5 77.11 1, t -A Tl o rIJ M u ST bI / = 7' 4C—A c t 1 or i 1•lp— Te a,v S SA T cul A building permit may be required by: �.�. L' / /-.� 7'U C, Notes/ Special Conditions rel (2/'©ir7clij OiviN6- Agent or Applicant Printed Name Signature Please read compliance statement on back of permit ApplicationFee(s) ✓ ,1 11 Check# ❑ See note on back regarding River Basin rules. Permit Officer's Signature 11-06-0,9 Issuing Date Expiration Date C (,%/- G f7"V poi , ,6 /64'1 /7A Local PlanningJurisdiction Rover File Name Statement of Compliance and Consistency This permit is subject to compliance with this application, site drawing and attached general and specific conditions. Any violation of these terms may subject the permittee to a fine or criminal or civil action; and may cause the permit to become null and void. This permit must be on the project site and accessible to the permit officer when the project is inspected for compliance. The applicant certifies by signing this permit that 1) prior to undertaking any activities authorized by this permit, the applicant will confer with appropriate local authorities to confirm that this project is consistent with the local land use plan and all local ordinances, and 2)-a written statement or certified mail return receipt has been obtained from the adjacent riparian landowner(s) . The State of North Carolina and the Division of Coastal Management, in issuing this permit under the best available information and belief, certifythatthis project is consistentwith the North Carolina Coastal Management Program. River Basin Rules Applicable To Your Project: ❑ Tar - Pamlico River Basin Buffer Rules ❑ Other: ❑ Neuse River Basin Buffer Rules If indicated on front of permit, your project is subject to the Environmental Management Commission's Buffer Rules for the River Basin checked above due to its location within that River Basin. These buffer rules are enforced by the NC Division of Water Quality. Contact the Division of Water Quality at the Washington Regional Office (252-946-6481) or the Wilmington Regional Office (910-395-3900) for more information on how to comply with thesebuffer rules. Division of Coastal Management Offices Central Office Elizabeth City District Mailing Address: 1367 U.S. 17 South 1638 Mail Service Center Elizabeth City, NC 27909 Raleigh, NC 27699-1638 252-264-3901 Location: Parker -Lincoln Building 2728 Capital Blvd. Raleigh, NC 27604 919-733-2293 / 1-888ARCOAST Fax: 919-733-1495 Fax: 252-264-3723 (Serves: Camden, Chowan, Currituck, Dare, Gates, Pasquotank and Perquimans Counties) Morehead City District 151-B Hwy. 24 Hestron Plaza II Morehead City, NC 28557 202-808-2808 Fax: 252-247-3330 (Serves: Carteret, Craven, Onslow -above New River Inlet- and Pamlico Counties) www.nccoastalmanagement.net Washington District 943 Washington Square Mall Washington, NC 27889 252-946-6481 Fax: 252-948-0478 (Serves: Beaufort, Bertie, Hertford, Hyde, Tyrrell and Washington Counties) Wilmington District 127 Cardinal Drive Ext. Wilmington, NC 28405-3845 910-395-3900 Fax: 910-350-2004 (Serves: Brunswick, New Hanover, Onslow -below New River Inlet- and Pender Counties) Revised 10/05/01 DEC, -02' 03 (TUE) 16:23 DEHNR COSTAL MGMT TEL:919 733 1493 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D, Moffitt, Director William G. Ross dr., Secretary December 2, 2003 Sprint Communications c/o Dan Lilly 816 Fairground Road Elizabeth City, NC 27909 Dear Mr, Lilly: P. 002 The Division of Coastal Management has received a copy of General Permit No. 35983-A issued on November 6, 2003 authorizing the installation of a fiber optic cable line across the Currituck Sound, The General Permit authorized the same development activity as proposed in your application for a CAMA Major and State Dredge and Fill permit dated August 11, 2003 (MP -1) and August 26, 2003 (MP -2). By this letter, I am notifying you that based on the issuance of the General Permit, the Division is terminating the review process for your application for a CAMA Major and State Dredge and Fill permit. If you have any questions or if the Division can provide any assistance in the future, please feel free to contact me by telephone at (919) 733-2293, extension 245, or email me at Doug,Huggett@ncmC.net. Sincerely, Doug Huggett Major Permits & Consistency Coordinator cc: Ed Harrell -- DCM, Elizabeth City DCM, Morehead City Raleigh Bland - USACE, 'Washington Juan S. Crofton, 16 Harper Avenue, Portsmouth, VA 23707 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733.22931 FAX: 919-733-1495 \ Internet: http://www.nccoastalmanagement.nat An Equal opportunity 1 Affirmative Action Fmployar — 50°% pacyclad 110% Post Consumer Paper fir /} DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: SPRINT COMMUNICATIONS County: CURRITUCK LOCATION OF PROJECT: Currituck Sound between Waterlily and Corolla in Currituck County DATE APPLICATION RECEIVED COMPLETE BY FIELD: 09/15/03 FIELD RECOMMENDATION: Attached: NO To Be Forwarded: YES N0 V U 3 2003 CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Ed Harrell DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW:��-c�- B) DATE APPLICATION RECEIVED IN RALEIGH: FEE REC'D:$ PUBLIC NOTICE RECD: ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: MAIL OUT DATE: FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE END OF NOTICE DATE: DEED RECD: ON: 150 DAY DEADLINE: STATE DUE DATE: FED COMMENTS RECD: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality Storm Water Management (DWQ) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Division. of Water Resources Division of Marine Fisheries Submerged Lands (DMF) NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 31, 2003 MEMORANDUM: TO: Mr. Alan Klimek, Director Division of Water Quality FROM: Doug Huggett NOY 0 3 2003 Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sprint Communications Project Location: Currituck Sound between Waterlily and Corolla in Currituck County Proposed Project: Requesting Permit to Install Fiber Optic Cable 3' Below the Bottom of Currituck Sound between Waterlily and Corolla within 4 -inch wide Trench Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Ed Harrell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 \ FAX: 252-264-3723 \ Internet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer —50% Recycled \ 10% Post Consumer Paper Ai fA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 31, 2003 MEMORANDUM: TO: Mr. William A. McNeil, Director Division of Community Assistance FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sprint Communications Project Location: Currituck Sound between Waterlily and Corolla in Currituck County Proposed Project: Requesting Permit to Install Fiber Optic Cable 3' Below the Bottom of Currituck Sound between Waterlily and Corolla within 4 -inch wide Trench Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Ed Harrell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED 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. DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer —50% Recycled 110% Post consumer Paper ATLA. RCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 31, 2003 MEMORANDUM: TO: Mr. Jim Simons, Director NOV 0 3 2003 Division of Land Resources FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sprint Communications Project Location: Currituck Sound between Waterlily and Corolla in Currituck County Proposed Project: Requesting Permit to Install Fiber Optic Cable 3' Below the Bottom of Currituck Sound between Waterlily and Corolla within 4 -inch wide Trench Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Ed Harrell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED Phone 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. DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 252-264-3901 \ FAX: 252-264-37231 Internet: www.nccoastaimanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper Al0 9F JfA NGDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 31, 2003 MEMORANDUM: TO: Mr. Preston P. Pate, Jr., Director Division of Marine Fisheries FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sprint Communications Project Location: Currituck Sound between Waterlily and Corolla in Currituck County Proposed Project: Requesting Permit to Install Fiber Optic Cable 3' Below the Bottom of Currituck Sound between Waterlily and Corolla within 4 -inch wide Trench Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Ed Harrell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. SIGNED 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. DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity S Affirmative Action Employer — 50% Recycled 11 o% Post Consumer Paper — A�a NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 31, 2003 MEMORANDUM: TO: Mr. John R. Dorney Environmental Biological Supervisor Division of Water Quality FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sprint Communications NOV U 3 2003 Project Location: Currituck Sound between Waterlily and Corolla in Currituck County Proposed Project: Requesting Permit to Install Fiber Optic Cable 3' Below the Bottom of Currituck Sound between Waterlily and Corolla within 4 -inch wide Trench Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Ed Harrell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-39011 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post Consumer Paper A�A WCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Govemor Donna D. Moffitt, Director William G. Ross Jr., Secretary October 31, 2003 MEMORANDUM: TO: John A.Thayer, Jr., District Planner Division of Coastal Management FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Sprint Communications Project Location: Currituck Sound between Waterlily and Corolla in Currituck County Proposed Project: Requesting Permit to Install Fiber Optic Cable 3' Below the Bottom of Currituck Sound between Waterlily and Corolla within 4 -inch wide Trench Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 21, 2003. If you have any questions regarding the proposed project, please contact Ed Harrell at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: SIGNED This office has no objection to the project as proposed. This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer — 50% Recycled 110% Post consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: SPRINT COMMUNICATIONS 2. LOCATION OF PROJECT SITE: Currituck Sound between Waterlily and Corolla in Currituck Co. Mainland: Photo Index - 2000: 189-2314 0-22 1995:189-2004 0-14 1989: 138-45 T-12 Outer Banks: Photo Index - 2000: 201-2196 N-13 1995: 201-2109 N-13/14 1989: 140-20 H/I-2 State Plane Coordinates - Mainland: X: 2906800 Y: 969700 Outer Banks: X: 2932400 Y: 970000 GPS: Mainland: B 102917A Outer Banks: B 102915A 3. INVESTIGATION TYPE: CAMA/D&F NOV 0 3 2003 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 10-29-03 Was Applicant Present - NO 5. PROCESSING PROCEDURE: Application Received - 09-15-03 Office - Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck Land Classification From LUP - Conservation (B) AEC(s) Involved: EW PTA ES (C) Water Dependent: YES (D) Intended Use: Private (E) Wastewater Treatment: Existing - N/A Planned - N/A (F) Type of Structures: Existing - NONE Planned - 26,300' of subaqueous fiber optic cable (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED (A) Vegetated Wetlands (B) Non -Vegetated Wetlands Estuarine /Public Trust Waters (D) Total Area Disturbed: 8,770 sq. ft. (0.20 acre) (E) Primary Nursery Area: NO (F) Water Classification: SC Open: N/A LAND DISTURBANCE 8,770 sq. ft. 8. PROJECT SUMMARY: Sprint Communications is requesting a permit to install 26,300 linear feet of 3/ " diameter fiber optic cable 3' below the bottom of Currituck Sound between Waterlily and Corolla within a 4 -inch wide trench. FIELD INVESTIGATION REPORT SPRINT CONaVIUNICATIONS PAGE 2 PROJECT SETTING Sprint Communications seeks authorization to install 26,300 linear feet of 3/a" fiber optic cable 3' below the bottom contour of Currituck Sound. The continuous cable would extend from residential property located off Waterlily Road in Coinjock to Currituck County's Whalehead Club property in Corolla on the Outer Banks. To access the mainland site, turn east off US Highway 158 onto Waterlily Road (SR 1142) and travel 3.5 miles. The subaqueous cable would begin on the north end and on the waterward side of the bulkhead protecting a residentially developed lot at 906 Waterlily Road. To access the Outer Banks site, turn west off NC 12 onto the Whalehead Club site located just south of the Corolla Lighthouse. The terminal pole is located 100' from the sound on the south end of the property. The waters of Currituck Sound in the vicinity of the project are classified as SC by the NC Environmental Management Commission. These waters are classified as joint waters by the NC Marine Fisheries Commission and NC Wildlife Resources Commission and as Estuarine and Public Trust Waters by the NC Coastal Resources Commission. Bottom contour in the project area (across the sound) ranges 0.5' - 9.0' below NWL. The presence of submerged aquatic vegetation was not noted in the vicinity of the project. Review of available information suggests that there are no known archeological sites or geological formations associated with the project site; however, the Whalehead Club is listed on the National Historic Register. PROJECT DESCRIPTION The installation of the 3/a " diameter cable across the sound would be accomplished by using a barge equipped with an embedment plow. Water under high pressure would be used to create a narrow 4 -inch wide trench. The plow is equipped with a sled designed to glide along the bottom substrate, thereby minimizing the uplifting of sand/sediment as the jetting/ embedment process is carried out. It is anticipated that the 3' -deep trench with cable at the bottom would backfill immediately as a result of sand/sediment resettling into it. Directional boring would be used to install the landward ends of the cable (approximately 150 linear feet at each end). On the mainland site, at 906 Waterlily Road, the cable placement is proposed within a 10' -wide easement located entirely within uplands and immediately landward of an existing bulkhead. At the Whalehead Club site, the applicant has secured a 20' -wide easement from the County. On this side, the directional bore would begin within uplands located 100' landward of NWL and terminate 50' offshore where the bottom contour measures 1.5' below NWL. FIELD INVESTIGATION REPORT SPRINT COMMUNICATIONS PAGE 3 ANTICIPATED IMPACTS NOV 0 3 2003 The installation of 26,300 linear feet of cable within a 4 -inch trench would: • Result in the disturbance of 8,770 square feet of estuarine/public trust shallow water habitat. • Create short-term turbidity in the project area. Submitted by: M. Edward Harrell Date: 10/29/03 Form DCM-MR-I z _ � ,i r,0AiS! =1L 1s'J ,kl,•� - r,�;2j�l�? APPLICATION-. (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Sprint Communications Address C/0 DAN T.111 816 MUCM RLQ. CityFfi State IZABEIH CITY lu Zip 27909 Day Phone 252-338-5143 Fax 252-331-1247 b. Authorized Agent: Name Juan S. Crofton Address 16 Harper Ave. City Portsmouth State VA Zip 23707 Day Phone 757-397-1131 Fax 757-397-8693 c. Project name (if any) NOTE. Pernct will be issued in name of landowner(r), and/or project name. 2. LOCATION OF PROPOSED PROJECT a. County Currituck to Dare Revised 03195 b. City, town, community or landmark Waterlilly to Corolla c. - Street address or secondary road number d. Is proposed work within city limits or planning jurisdiction? Yes ✓ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Currituck Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Install by embedment plow 3/4" diameter fiber optic cable across Currituck Sound from Waterlilly to Corolla at agreed upon property owners landfalls. b. Is the proposed. activity maintenance of an existing project, new work, or both? No c. Will the project be for public, private or commercial use? Commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. With directional boring of inner duct conducted at East and West shorelines channelward of MLW cable will be pulled to termination site; hydro plowed across the waterway and pulled into the inner duct on the opposite shoreline. Form DCM-MP-1 4. LAND AND WATER CHARACTERISTICS a. Size of entire tract Length of crossing 26,300' b. Size of individual lot(s) N/A c. Approximate elevation of tract above MHW or NWL d. Soil types) and texture(s) of tract Currituck Sound bottom composition fines and organic sediment e. Vegetation on tract f. Man-made features now on tract g. What is the CAMA Land Use Plan land classification of the site? (Consult the local land use plan.) 4— Conservation _ Developed — Rural Transitional _ Community Other h. How is the tract zoned by local government? Waterway i. Is the proposed project contictent with the applicable zoning? _ ✓ _ Yes No (Attach zoning compliance certificate, if applicable) j. Has a professional archaeological xcce5sment been done for the tract? _ _ Yes ✓ No If yes, by whom? Is the project located in a National. Registered Historic District or does it involve a National Register listed nr --ligible. property? - _ Yes ✓ No NOV 0 3 2003 m. Describe existing wastewater treatment facilities. N/A n., Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary wastewater, industrial/commercial effluent, "wash down" and residential discharges.) N/A o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. • An accurate, dated work plat ('including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by 11" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by applicant. (Contact the U.S. Army Corps of 1. Are there wetland,- nn the site? _✓ Yes —No Engineers regarding that agency's use of larger Coastal (marsh) ✓ Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Attach doamwntation, if available) guide agency personnel unfamiliar with the area to the Directional borirg will be axdacted X11 d'iarmlward of slxsrelim marsh impacts. T7e bored uTpz dxt will be below the marsh and will amrge at of the bottan s.-bstrate Revised 03/45 with m impacts to the existing vpatlards or marsh. Form DCM-MP-1 site. Include highway or secondary road (SR) numbers, landmarks, and the like. • A Stormwater Certification, if one is necessary • A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Upon signing this form, the applicant further certifies that such notice has been provided. Name Kevin and Kelly Doxy Address 906 Waterlitly Rd Phone Coinjock N.C. 27923 (see attached) Name Address Phone Name Address Phone Currituck County See attached • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. N/A • A check for $250 made payable to the Department of Environment, Health, and Natural Resources (DEHNR) to cover the costs of processing the application. • A signed AEC hazard notice for projects in oceanfront and inlet areas. • A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. Revised 03195 6. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. This is the IIT3i day of August , I9 2003 Print Name N, Signature (1J r or Awisoriz d Agent Please indicate attachments pertaining to your proposed project. DCM MP -2 Excavation and FUl Information .� DCM MP -3 Upland Development _ DCM MP -4 Structures Information _ DCM MP -5 Bridges and Culverts DCM MP -6 Marina Development NOTE. Please sign and date each attachment in the space provided at the bottom of each form. Form DCM-NT2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stAbili7a ion) Revised 03195 Avt:rsge Final Exisiine proj� Length Width Ik-aN, ri....L SEP *'0/ 3 1 ALn 1'.1!`,.4'.1 4..:,�.'���N i NOV 0 3 2003 1. EXCAVATION a. Amount of material to be ex v ted from below MHW or NWL in cubic yards�A b. Tie _ofRZ G Cbg�ez�alted c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SRVs) or other wetlands? Yes No d. Highground excavation in cubic yards NSA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area N/A C. Do you claim title to disposal area? Yes No IE no, attach a letter granting permission from the owner. d. Will a dispoN II area bA available for future maintenance? Yes N No If yes, where? .'�•` .- q .fit.. 26,300 3' 3' 3' SEP *'0/ 3 1 ALn 1'.1!`,.4'.1 4..:,�.'���N i NOV 0 3 2003 1. EXCAVATION a. Amount of material to be ex v ted from below MHW or NWL in cubic yards�A b. Tie _ofRZ G Cbg�ez�alted c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SRVs) or other wetlands? Yes No d. Highground excavation in cubic yards NSA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area b. Dimensions of disposal area N/A C. Do you claim title to disposal area? Yes No IE no, attach a letter granting permission from the owner. d. Will a dispoN II area bA available for future maintenance? Yes N No If yes, where? Form DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SRVs or other wetlands? Yes - v/ No f. Does the disposal include any area in the water? Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N/A Bulkhead N/A Riprap b. Length c. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL DISEgU OF =IM 26,300` PIlCSS CREZ>?I[XK e. Shoreline erosion during preceding 12 months N/A (Source of information) f. T_ypAe of bulkhead or riprap material g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A '(2) Bulkhead backfill _N/A h. Type of fill material i. So�rc/� of fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03195 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs oro er wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? _ _D=GYL E= CN IAt\D :' •1! 1 �:�•� • • 1 ' fa• c. Will wetlands be crassed in trans rting equipment to project site? Yes No If yes, explain steps that will be taken to lessen environmental impacts. moi•' f •• � • . App' l or Pro]ea K 11a" 5 C' S* tum Date s �OF N Diving- Corporation SINCE 1949 :a0 5 �;ai n%i�.��;:1. ° !N Diving Corporation EUZAu�°",."'' 16 Harper Avenue • P.O. Box 7756 • Portsmouth, Virginia 23707. 757-397-1131 (24 hours) • Fax 757-397-8693 August 25, 2003 Coastal Area Management Authority 1367 U.S. 17 South Elizabeth City, NC 27909 Subject: Sprint Communications Submarine Cable Project Across Currituck Sound Topic: General Permit Application and Project Description Attn: Mr. Ed Harrell CAMA Supervisor Dear Sir: Pursuant to our conversations and meetings regarding the aforementioned topic and the subject application, I am pleased to provide this information as a preface description for the subject project. A. PROJECT DESCRIPTION The enclosed permit application entails the request for a joint application permit to install a submarine cable as shown within the drawings between the Waterlilly, NC water access point and the Corolla, NC water access point across the Currituck Sound for a distance of approximately 26,300ft. This submarine cable is a 3/4" diameter fiber optic cable with a neoprene jacket and a 48 count fiber core which will provide additional and much needed communication fiber service to the outer banks northern sector. In 1989/1990 a permit in the same general geographical area was provided by the governing agencies for the installation of a twin 35kv power circuit by North Carolina Power and installed by Crofton utilizing this same embedment method which we propose herein. We hereby solicit a permit to provide this communication link between the mainland and the outer banks of North Carolina across Currituck Sound. �o e Underwater Specialists Serving the Port of Hampton Roads Since 1949 NOV 0 3 2003 B. PROJECT METHODOLOGY As you will note in the drawings, there are no impacts to the wetlands on either side of the project and the Corolla Side has an existing upland terminal pole and at this point a directional bore will be conducted underneath the rip rap and out into the water stream area to eliminate any impact of shoreline disturbance. As noted once again on the photos and the drawings there are no wetlands on the Corolla side thus no environmental disturbance is to be expected. The Waterlilly Side has much the same termination area with the existing structure for termination upland and inboard of the waterline approximately 150 ft. Directional boring will once again be conducted with an inner duct provided well out into the water stream from the terminal pole underneath the bulkhead and to a point outboard which will allow non disturbance in the shoreline area once again in the transition section. The Waterlilly side also has no wetland vegetation that would be impacted during the course of these operations. The project methodology for the installation of the cable across the waterway will entail the utilization of a barge and in general the project will be as shown in the conceptual drawing provided herein. The cable lay barge will contain a beam attached to the deck of the barge and at the bottom base of the beam the embedment stinger device will penetrate into the substrate approximately 3ft. As the barge with the embedment plow is moved across the waterway with anchors, the sand/mud combination bottom composition will be displaced and an approximately 4" wide and a 3 ft deep trench will be developed. At the very bottom of the stinger/chute the cable will be deposited behind the sled in the small trench which will back fill immediately merely by resettlement of the material back into the trench. The sled device over top of the stinger/chute as shown in the drawing will allow the plow to rest on the bottom and glide along the bottom substrate and holding the trench to the proper elevation. The cable provided is a continuous cable with no splices. Upon arrival onsite the directional boring will have been completed from the upland areas approximately 150 ft inboard and upland from the existing waterlines. The 1" diameter inner duct will be provided from the termination point inshore to a point approximately 150 ft outboard from the mean low waterline. With our barge and cable laying device in position, the end of the cable will be pulled to the upland terminal through the inner duct and from this point to the opposite side of the sound, the cable will be embedded approximately 3 f into the substrate. Upon arrival on the opposite side of the sound the opposite end of the cable will be pulled through the inner duct once again and to the terminal pole on this side of the sound as well. During the course of these operations, tracking of our routing will be performed via GPS for accurate As -Built information and As-Builts of the projects will be provided indicating all activities during the construction operations. C. EMBEDMENT PLOW PROCEDURES As previously described, the embedment plow system initiates with a plow beam attached to the bow or stern of the cable lay barge and at the base of the beam that is shown in the conceptual drawing, the sled with stinger is attached and articulates depending on the bottom contours of the bottom substrate. High pressure water initiates an approximate 4" wide trench which is all that is necessary for a 3/4" diameter cable. This trench extends from the top of the substrate down to the bottom of the stinger which is approximately 3ft in depth. The chute is attached to the after (back) side of the stinger. Very little bottom disturbance is initiated during this operation and the sled which glides along the bottom substrate minimizes the uplifting of any materials as the jetting and embedment process continues. With the continuous cable and with no splices, no additional efforts are required during splicing operations. The continuous run of cable allows for continuous embedment which minimizes the disturbance of the plowing efforts. Please find enclosed the permit application which entails the applicable forms No. MP 1 and MP 2. As is obvious, there is no specific information within the permit application that steers one directly to an underwater utility description, but you will notice with the drawings as well as the photos provided, information is submitted herein which describes very thoroughly the activities not only across the waterway but on either side of the waterway as well. Should you have any questions concerning the information provided, please call as soon as possible @ 757-397-1131 or my cell phone # 757-636-0036. I appreciate very much your assistance for this project given the heightened condition of necessity as well as the weather window which we are facing as fall and winter approaches. It is our goal to begin operations during the late September or in early October 2003. With the approval of the property owners as shown in the enclosed affidavits as well as to other work similar to this project across the Currituck Sound, we hope that these facts will generate a quick turn around on this application for the final permit for Sprint. Sincerely Yours, PIP Ju S.Crofton A entCOASTAL �:•,, � g�,7r= 3 PROJECT DRAWINGS !Y! EL;ZAjL.:-M Cli"CY 3 8� PROPOSED CABLE 4i aterlilly� coroll 12 r CROSSING LOCATION MAP `WOedlivPROPOSED CABLE - r ° •i i ,' °; c ` y A, � f � � r',� � � '� �" '� � � r. ■r rI j � � � :r:�y Pl 00 CROSSING WORK AREA c SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE A uviTL4L ISSUE 09/2003FROM WATERLILLY TO COROLLA v ROFTON �., LTR DESCRIPnON DATE CURRITUCK SOUND, NORTH CAROLINA �" p �outtk kVA REVISION HISTORY LAMBERT CABLE SPLICING COMPANY (757) 397-1131 II DATE SCALE DRAWN BY CHECKED/APPROVED BY SHEET PROJECT/UNE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON I OF 9 CDC 03-6396 SCALE:NONE C SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE " FROM WATERLILLY TO COROLLAR0FT0N t �: INITIAL ISSUE 09/1003 Diving Corporation "� � ° ETR DESCRIPTION DATE CURRITUCK SOUND NORTH CAROLINA I Portsmouth, VA RFVISIONHISTORY LAMBERT CABLE SPLICING COMPANY (757)397-1131 DATE1 SCALE DRAWN BY CHECKED APPROVED BY HEET ROJECT/CU NUMBER REV R 2 SEPTEMBE003 NOTED K.S.F. / D.B. JUAN S. CROFTON 2 OF 9 CDC 03-6396 - WATERLILLY BULKHEAD 0' O m 5' 10' WL SHORELINE COROLLA 15' 15' �'JLi 7'( 10 Z'�t i <1 ;> 5 � 7 �'i 20�`?� ;� �� ; 25 X26 O O O O O O O O d O O O O O O O 4 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O FQ N M rt VI O r, O O .-1 N M IT 111 w [- 00 ON O e4 N M e1' rG N N N N " N N LOCATION POINT, REFER TO SCHEDULE ON SHEET 9 OF 9 FOR MORE INFORMATION (TYPICAL) -SEP 15 25 CURRITUCK SOUND PROFILE VIEWING NORTH SCALE: 1" = 5000'-0" C SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE A INITIAL ISSUE 09t2003 FROM WATERLILLY TO COROLLA;ROFTON Diving Corporation LTR DESCRIPTION DATE CURRITUCK SOUND, NORTH CAROLINA Portsmouth, VA REVISION HISTORY I LAMBERT CABLE SPLICING COMPANY ' > (757) 397-1131 DATE SCALE DRAWN BY CHECKED/APPRDVED BY HEFT ROJECT/LINE NUMBER REV RFPTF.MRUP 2(103 NOTF.D K.S.F. / D.B. JUAN S. CROFTON 3 OF 9 CDC 03-6396 - S ti -}, :tea, S P• * ,!�".." L f.: &C�:; `•J�! �l ! �.' i `•�. ''.J !!��<.,� Li d5 ,rtrf d " T <`�, �yS� �{ ^ 1 !L yi J ~4fL'�: a..: J. fair', •f ;t5t �.}�'E+r 's. } li f4 ,1', i, I; 'I,r'i' r',i f' f•- r r i LJ I s „"::• '•'r'r fr r 5 flit i J4fyu e s. ?� :'�.a!: .•,ter., y:n � ^.J�J a.' <1' s � �' { •tl, ' <<•j<:WATE'"LILLY =-+�1 �(�;, ,�� r FjP31;',.•;. ,• f I f :r� _• i_� ;.. •• �•`: .r::,::F LTLAXSIN WORK. AREf .�. � ,r i, w. � :+.-,': '::"'+:: •1F. qr�• •r•.• ', t I L r J•� i- '` r ' •r IR C, MONAL Rpj��d `tA6&G AREA " . ' $ T.I' •'>:: O 1.. .,� { •�r ': i Y .` '' ,fit_ tJ � ; I i J. 1 V •firWs 'TION d�N � .� " !t I . ;-r •� ,..i v �,., '�� �C�,�s�'�'7bio J J r 100' FROM M� r }' f.•tR ' s i•r� :': a;:;l..:ac' � r . L'.• t = �� , ,•, ,t:j .:�I.�Rz�I� �;J. aritlJp D. - ° < L ;- - .Ii ; :i¢ :f .� 4, Vii. , r' J 5 ' ,L ,• 'r 1'''i,S , t' ! , t . . �: .' /? , L:: {. i .. n / rr, L.: _.. M ' i•'_ r:f. •,; ^ .^ ,.� JL: 1 �•. r .Y-.." ° .. ` _ _ . T W." .#a':Ct SZ.('wC 1•' :^/,•- _ nye-'��y{�,�1 LK •:�j�• •.e 'p� s AL•i !"'`` •� .• ',�•',8 ���•'/W��""j�"''•T/'7��.,7T�'�]�/�j��J �'ry.5'��•`Ljr•4� J, 'r , .n r ' ,i J �. A. J__ .7. �.l[•LJl.1:!7,.Y .n't; 7.1H1�; ' • .,It' 4,1J� r e 5 t •Z• :. ...:.T:�, ..•r Y f.:.. ..r Y y 5'EL� ri O ;9Q`1.TICli�.;. �...'. 1. h..,Y• I.l•� _ .Nr .\ 1'.. f,.Y Jl,�r t;•;:,. •'••',•; �: , •rt -r•• ,`�jt ,'lel,��..yr��J' ' '''. :.:J1' �. •� 'I,. ,, A ••r•�. •�'lr •�. ,'b)LiM Jk2L',yyy J�\,& �• ' j ), t; , t.'..�r��,' . .' ,1.:. '•�w.: •.J;f:. �� •.f t: .,,. •t'.:'• _ _ 'ir ii.-: WATERLILLY WEST SHORE ENLARGEMENT ®� SCALE: NONE C SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE A FROM WATERLILJLY TO COROLLA V /2ROFTON INITIAL ISSUE 09!2003 DIY1ng C01}}OIdt10n LTR DESCRIPTION DATE CURRITUCK SOUND NORTH CAROLINA`�F Portsmouth, va REVISION HISTORY LAMBERT CABLE SPLICING COMPANY;... (757) 397-1131 DATE SCALE DRAWN BY CHECKED/APPROVO BY EET R0.1ECT/LINE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 4 DF 9 CDC 03-6396 0 0 CIO N 0 0 w DEVELOPED PROPERTY, NO WETLANDS IN WORK AREA STJORELM/ , MBEDMMNT , t -A ul L WER'TO. PROU T. ON SW 7 9_ -6 spl� flROPOSED SPX P"OCABL r s i DIRECTIONAL BORING STAGING AREA COROLLA EAST SHORE ENLARGEMENT SCALE:NONE SPRINT COMMUNICATIONS PROPOSED FIBER OPTIC SUBMARINE CABLE INITIAL ISSUE 09/2003 FROM WATERLILLY TO COROLLA DESCRIPTION DATE CURRITUCK SOUND, NORTH CAROLINA REVISION HISTORY LAMBERT CABLE SPLICING COMPANY SCALE DRAWN Ely CHECKER/APPROVED) BY HEFT IER 2003 1K.S.R/ D.R. I JUAN S.CROFrON r5 OF L J4 •gyp Since 1949 VA 131 CRANE CABLE REEL ANCHOR WINCH BARGE PULL CABLE GUIDE CABLE MLW CR t 0 PORATION f 01 -10' = _ -10' -20'-- = -20' -30' BOTTOM CONTOUR SLED PIVOTS WITH BOTTOM CONTOUR A O 0 NATURAL JETS BACKFILLED MATERIAL BURIED CABLE SECTION STINGER/CABLE CHUTE A TYPICAL CABLE BURIAL TRENCHING PLOW OPERATION SIDE VIEW SCALE: 1" = 40'-0" C SPRINT COMMUNICATIONS PROPOSED FIBER OPTIC SUBMARINE CABLE FROM WATERLILLY TO COROLLA CURRITUCK SOUND, NORTH CAROLINA Since 1949 ROFTON 't s i DivrngCDJporation > Portsmouth, VA mat"' 397-1131 s A INITIAL ISSUE 09/2003 LTR DESCRIPTION DATE REVISION HISTORY LAMBERT CABLE SPLICING COMPANY (7s7) DATE SCALE SEPTEMBER 2003 NOTED DRAWN BY CHECKED /APPROVED BY K.S.F. / D.B. JUAN S. CROFTON NEET ROJECT/LJNE NUMBER REV 6 OF 9 CDC 03-6396 LOCATION BOTTOM COMPOSITION WATER DEPTH EASTING NORTHIN 1 417817.4 4026197.3 MODERATE TO -3' 3' 21 418149.8 4026182.2 MODERATE TO -1'/SOFT FROM -1' TO -3' 7.5' 31 418467.21 4026136.9 MODERATE TO-17SOFT FROM -1' TO -3' 7.5' 4 418769.31 4026091.5 MODERATE TO -1'/SOFT FROM -1' TO -3' 8' 51 419056.41 4026061.3 MODERATE TO-17SOFT FROM -1' TO -3' 8' 61 419479.5 4026046.2 SOFT TO -3' 7' 71 419781.7 4026000.9 MODERATE TO -3' 4' 81 420068.8 4025940.4 MODERATE TO -3' 6' 91 420355.9 4025910.2 SOFT TO -3' 8' 101 420627.91 4025880 SOFT TO 4 9' 111 420945.21 4025849.8 SOFT TO -3' 9' 121 421262.51 4025834.7 MODERATE TO-17SOFT FROM -1TO -3' 9' 131 412534.4 4025759.1 MODERATE TO -1'/SOFT FROM -1' TO -3' 8' 141 421851.7 4025728.9 MODERATE TO -1'/SOFT FROM -1' TO -3' 7' 151 422123.7 4025728.9 MODERATE TO -1'/SOFT FROM -1' TO -3' 6' 161 422425.9 4025698.7 MODERATE TO -1'/SOFT FROM -1' TO -3' 6' 171 422743.21 4025653.4 MODERATE TO -3' 6' 181 423045.4 4025608 MODERATE TO -3' 6' 191 423347.6 4025562.7 MODERATE TO -1'/SOFT FROM -1' TO -3' 7' 201 423619.6 4025517.4 MODERATE TO -3' 6' 211 4236937 4025487.2 MODERATE TO -1'/SOFT FROM -1' TO -3' 5' 22 424254.21 4025456.9 SOFT TO-17MODERATE FROM -1' TO -3' 6' 23 424480.8 4205456.9 SOFT TO-17MODERATE FROM -1' TO -3' 6.5' 24 424798.1 4025411.6 SOFT TO -1'/MODERATE FROM -1' TO -3' 6' 25 TURN MODERATE TO -3' 4' 1-2611425342.1 4025532.5 MODERATE TO -3' 1.5' TOTAL DISTANCE FROM SHORELINE TO SHORELINE = 26,268' 7 5 � LOCATION INFORMATION `'- "; ``' r_- SPRINT COMMUNICATIONS PROPOSED FIBER OPTIC SUBMARINE CABLE MITIAL ISSUE WNW FROMWATERLILLY TO COROLLA DESCRION DATE CVRRITVCK SOUND, NORTH CAROLINA REVISION HISTORY LAMBERT CABLE SPLICING COMPANY SCALE DRAWN BY CHECKED/APPROVED BY iER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 9 OF 9 Since 1949 ROFTON ,Diving Corpom6oa Portsmouth, VA (757) 397-1131 br Development Type FEE I. private, non-commercial development that does not involve S250 the filing or excavation of any wetlands or open water areas: It, public or commercial development that does not involve the filling or 5400 excavation of any wetiands or open water areas: Ill. For development that involves the filling andfor excavation of up to 1 acre of wetlands andJor open water areas, determine if A, 8, C, or D below applies: Iil(A). For private, non-commercial development, If General water Quality $250 Certification No.3301 (see attached) can be applied: iii(B): For public or commercial development, If General water Quality S4OO Certification No-3301 (see attached) can be applied: III(C). If General Water Quality CertlficaUon No. 3301 (see attached) could be applied, but DCM staff determined that additionat review and $400 f written DWQ concurrence Is needed because of concerns related to water quality or aquatic life: lil(D), if General Water Quality COQ Certification No. 3301 (see attached) can not be applied: 1 IV. For development that involve the filling and/or excavation of more 5475 than one acre of wetlands and/or ,open water areas: DCM % 1601+435100093 1625 6253 100°"5 (5250) 100% (S4OO) 100%($250) 100% (5400) 60%(S240) 60% (5240) /j 60% (5285) DWQ % (24300 1 602 435100095 23-41 0% (SO) 0% (SO) 0% (SO) 0% (SO) 40% (Si60) 40% 40% (5190) SEP 1 l 4—A COASTAL N?; ,TW,.�-NT L SEP 2003 S s lZAr',j LL i -H c I SPRINT COMMUNICATIONS CURRITUCK SOUND 0 3 2003 SUBMARINE CABLE PROJECT JOINT PERMIT APPLICATION '�-'IROFTON Diving Corporation SINCE 1949 Juan S. Crofton Agent 757-397-1131 757-397-8693 (fax) ROFTON Diving Corporation 16 Harper Avenue • P.O. Box 7756 • Portsmouth, Virginia 23707 • 757-397-1131 (24 hours) • Fax 757-397-8693 August 15, 2003 ' Coastal Area Management Authority 1367 US Highway 17 South Elizabeth City, NC 27909 Subject: Sprint Communications Currituck Sound Submarine Fiber Optic Cable Crossing ' Attention: Mr. Ted Sampson/Mr. Ed Harrell Gentleman, Please find enclosed our permit application and associated data regarding the application for permit to provide a submarine cable crossing across the Currituck Sound between Waterlilly and Corolla, North Carolina. Also, within the documents please find the adjacent property owners throughout the area of both sides of the crossing as well as the specific data relative to site conditions which are consistent with the conditions that were found in the submarine cable crossing for North Carolina Power just north of this location in the 1989 project. I hope that this information meets with your approval, should you have any questions please call me at your convenience. Sincerely Yours, J an S. Crofton, A nt Sprint Communications ' Underwater Specialists Serving the Port of Hampton Roads Since 1949 o n 1 JOINT APPLICATION i� 7. r �` OFTON Diving Corporation �- S I K C E 1949 ' Form DCM-MP-1 APPLICATION (To be completed by all applicants) 1. APPLICANT a. Landowner: Name Sprint Communications Address C/O MN LILLY 816 FAMUM RLQ. City F7 TZAEEIH = State 1u Zip 27909 Day Phone 252-338-5143 Fax 252-331-1247 b. Authorized Agent: Name Juan S. Crofton Address 16 Harper Ave. City Portsmouth State VA Zip 23707 Day Phone 757-397-1131 ' Fax 757-397-8693 c. Project name (if any) ' NOTE. Pen►dt will be issued in tram oJlmrdowncr(s), and/or project natnt. ' 2. LOCATION OF PROPOSED ' PROJECT a. County Currituck to Dare I , ' Revised 03/95 b. City, town, community or landmark Waterlilly to Corolla c. Street address or secondary road number d. Is proposed work within city limits or planning jurisdiction? Yes ✓ No e. Name of body of water nearest project (e.g. river, creek, sound, bay) Currituck Sound 3. DESCRIPTION AND PLANNED USE OF PROPOSED PROJECT a. List all development activities you propose (e.g. building a home, motel, marina, bulkhead, pier, and excavation and/or filling activities. Install by embedment plow 3/4" diameter fiber optic cable across Currituck Sound from Waterlilly to Corolla at agreed upon property owners landfalls. b. Is the proposed activity maintenance of an existing project, new work, or both? No c. Will the project be for public, private or commercial use? Commercial d. Give a brief description of purpose, use, methods of construction and daily operations of proposed project. If more space is needed, please attach additional pages. With directional boring of inner duct conducted at East and West shorelines channelward of MLW cable will be pulled to termination site; hydro plowed across the waterway and pulled into the inner duct on the opposite shoreline. I Form DCM-Ml?-1 ' 4. LAND AND WATER m. Describe existing wastewater treatment facilities. CHARACTERISTICS N/A a. Size of entire tract Length of crossing 26,300' n. Describe location and type of discharges to waters of the state. (For example, surface runoff, sanitary b. Size of individual lot(S) N/A wastewater, industrial/commercial effluent, "wash down" and residential discharges.) ' c. Approximate elevation of tract above MHW or NWL d. Soil type(s) and texture(s) of tract ' Currituck Sound bottom composition fines and organic sediment ' e. Vegetation on tract f. Man-made features now on tract 1 g. What is the CAMA Land Use Pian land ' classification of the site? (consutt the loaai zand use plan.) Conservation Transitional Developed _ _ Community Rural Other h. How is the tract zoned by local government? Waterway i. Is the proposed project corr-letent with the applicable zoning? _ ✓ _ Yes No (Attach zoning anrnplianee aerrfficxe, if appfi=bk) Has a professional archaeological aCCessment been done for the tract? Yes ✓ No If yes, by whom? k. Is the project located in a National Registered Historic District or does it involve a National Register listed or -.ligible property? _ Yes ✓ No N/A o. Describe existing drinking water supply source. N/A 5. ADDITIONAL INFORMATION In addition to the completed application form, the following items must be submitted: • A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. If the applicant is not claiming to be the owner of said property, then forward a copy of the deed or other instrument under which the owner claims title, plus written permission from the owner to carry out the project. An accurate, dated work plat (including plan view and cross-sectional drawings) drawn to scale in black ink on an 8 1/2" by I1" white paper. (Refer to Coastal Resources Commission Rule 7J.0203 for a detailed description.) Please note that original drawings are preferred and only high quality copies will be accepted. Blue -line prints or other larger plats are acceptable only if an adequate number of quality copies are provided by _ applicant. (Contact the U.S. Army Corps of 1. Are there wetland-, nn the site? -v" Yes —No Engineers regarding that agency's use of larger I' Coastal (marsh) ✓ Other drawings.) A site or location map is a part of plat If yes, has a delineation been conducted? requirements and it must be sufficiently detailed to (Atrach doatnentation, favaitabk) guide agency personnel unfamiliar with the area to the Directional boring will be con3x-ted cell ' d-,rmlward of shorelim marsh mpacts. Zhe bored irr er duct will be belga the nursh and will amyge out of the bottom substrate Revised 03195 with ro inpacts to the existing �etlands or marsh. I 1 I Form DCM-MP-1 ' site. Include highway or secondary road (SR) numbers, landmarks, and the like. ' • A Stormwater Certification, if one is necessary. • A list of the names and complete addresses of the ' adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats ' by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal ' Management. Upon signing this form, the applicant further certifies that such notice has been provided. I Revised 03195 b. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 11TH This is the day of August , 19 2003 Print Name N/A Signature J r or Authorit d Agcnt �s Please indicate attachments pertaining to your proposed project. DCM MP -2 Name Kevin and Kelly Doxy ' Address 906 Waterlilly Rd _ DCM MP -4 Phone Coinjock N.C. 27923 (see attached) _ DCM MP -5 Name Currituck County ' Address Phone See attached ' Name Address Phone ' • A list of previous state or federal permits issued for work on the project tract. Include permit numbers, ' permittee, and issuing dates. N/A • A check for $250 made payable to the Department of Environment, Health, and Natural Resources ' (DEHNR) to cover the costs of processing the application. ' • A signed AEC hazard notice for projects in oceanfront and inlet areas. ' • A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A - 1 to 10) If the project involves the expenditure of public ' funds or use of public land's, attach a statement documenting compliance with the North Carolina Environmental Policy Act. t I Revised 03195 b. CERTIFICATION AND PERMISSION TO ENTER ON LAND I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to conditions and restrictions contained in the permit. I certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved Coastal Management Program and will be conducted in a manner consistent with such program. I certify that I am authorized to grant, and do in fact, grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. 11TH This is the day of August , 19 2003 Print Name N/A Signature J r or Authorit d Agcnt �s Please indicate attachments pertaining to your proposed project. DCM MP -2 Excavation and Fill Information DCM MP -3 Upland Development _ DCM MP -4 Structures Information _ DCM MP -5 Bridges and Culverts — DCM MP -6 Marina Development NOTE: Please sign and date each attachment in the space provided at the bottom of each form. Form DCNI-MP-2 EXCAVATION AND FILL (Except bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM-MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Describe below the purpose of proposed excavation or fill activities. All values to be given in feet. Access channel (MLW) or (NWL) Canal Boat basin Boat ramp Rock groin Rock breakwater Other (Excluding shoreline stabilization) Revised 03195 Avtrngt Final Existing J rmlect Ltngth Width Depth r]rnrh 1. EXCAVATION a. Amount of material to be excav ted from below MHW or NWL in cubic yards N�A b. Tge _ofKmater�i�ICbe��ex�arted c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards NSA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim tN/A to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area b available for future maintenance; N Yes N/A No If yes, where? 26,300 3' 3' 3' 1. EXCAVATION a. Amount of material to be excav ted from below MHW or NWL in cubic yards N�A b. Tge _ofKmater�i�ICbe��ex�arted c. Does the area to be excavated include coastal wetlands (marsh), submerged aquatic vegetation (SAVs) or other wetlands? Yes No d. Highground excavation in cubic yards NSA 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area N/A b. Dimensions of disposal area N/A c. Do you claim tN/A to disposal area? Yes No If no, attach a letter granting permission from the owner. d. Will a disposal area b available for future maintenance; N Yes N/A No If yes, where? IForm DCM-MP-2 e. Does the disposal area include any coastal wetlands (marsh), SAVs or other wetlands? Yes ,_ No f. Does the disposal include any area in the water? Yes ✓ No 3. SHORELINE STABILIZATION a. Type of shoreline stabilization N/A Bulkhead N/A Riprap b. Length IC. Average distance waterward of MHW or NWL d. Maximum distance waterward of MHW or NWL DISFAU CF GCMRU 26,300' QRR= e. Shoreline erosion during preceding 12 months N/A (Source of infornntion) f. Type of bulkhead or riprap material A g. Amount of fill in cubic yards to be placed below water level (1) Riprap N/A (2) Bulkhead backfill h. Type of fill material i. SOJ�Xof fill material 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. Will fill material be brought to site? Yes No Revised 03195 If yes, (1) Amount of material to be placed in the water (2) Dimensions of fill area (3) Purpose of fill b. Will fill material be placed in coastal wetlands (marsh), SAVs or er wetlands? Yes No If yes, (1) Dimensions of fill area (2) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? b. What type of construction equipment will be used (for example, dragline, backhoe, or hydraulic dredge)? DF=CWL MILL CN lJ4U c. Will wetlands be cr;,ssed in trans rting equipment to project site? Yes 7 No If yes, explain steps that will be taken to lessen environmental impacts. C15G I►I ��uu \I : Y �►. APPS&W or Proj747� lea" S S' cure Date PROJECT METHODOLOGY PROJECT DESCRIPTION ....--,//,;'R0FT0N i Diving Corporation SINCE 1949 I 41WROFTON Diving Corporation 16 Harper Avenue • P.O. Box 7756 • Portsmouth, Virginia 23707 • 757-397-1131 (24 hours) • Fax 757-397-8693 August 25, 2003 Coastal Area Management Authority 1367 U.S. 17 South Elizabeth City, NC 27909 Subject: Sprint Communications Submarine Cable Project Across Currituck Sound Topic: General Permit Application and Project Description Attn: Mr. Ed Harrell CAMA Supervisor Dear Sir: Pursuant to our conversations and meetings regarding the aforementioned topic and the subject application, I am pleased to provide this information as a preface description for the subject project. A. PROJECT DESCRIPTION The enclosed permit application entails the request for a joint application permit to install a submarine cable as shown within the drawings between the Waterlilly, NC water access point and the Corolla, NC water access point across the Currituck Sound for a distance of approximately 26,300ft. This submarine cable is a3/4" diameter fiber optic cable with a neoprene jacket and a 48 count fiber core which will provide additional and much needed communication fiber service to the outer banks northern sector. In 1989/1990 a permit in the same general geographical area was provided by the governing agencies for the installation of a twin 35kv power circuit by North Carolina Power and installed by Crofton utilizing this same embedment method which we propose herein. We hereby solicit a permit to provide this communication link between the mainland and the outer banks of North Carolina across Currituck Sound. 8 Underwater Specialists Serving the Port of Hampton Roads Since 1949 B. PROJECT METHODOLOGY As you will note in the drawings, there are no impacts to the wetlands on either side of the project and the Corolla Side has an existing upland terminal pole and at this point a directional bore will be conducted underneath the rip rap and out into the water stream area to eliminate any impact of shoreline disturbance. As noted once again on the photos and the drawings there are no wetlands on the Corolla side thus no environmental disturbance is to be expected. The Waterlilly Side has much the same termination area with the existing structure for termination upland and inboard of the waterline approximately 150 ft. Directional boring will once again be conducted with an inner duct provided well out into the water stream from the terminal pole underneath the bulkhead and to a point outboard which will allow non disturbance in the shoreline area once again in the transition section. The Waterlilly side also has no wetland vegetation that would be impacted during the course of these operations. The project methodology for the installation of the cable across the waterway will entail the utilization of a barge and in general the project will be as shown in the conceptual drawing provided herein. The cable lay barge will contain a beam attached to the deck of the barge and at the bottom base of the beam the embedment stinger device will penetrate into the substrate approximately 3ft. As the barge with the embedment plow is moved across the waterway with anchors, the sand/mud combination bottom composition will be displaced and an approximately 4" wide and a 3 ft deep trench will be developed. At the very bottom of the stinger/chute the cable will be deposited behind the sled in the small trench which will back fill immediately merely by resettlement of the material back into the trench. The sled device over top of the stinger/chute as shown in the drawing will allow the plow to rest on the bottom and glide along the bottom substrate and holding the trench to the proper elevation. The cable provided is a continuous cable with no splices. Upon arrival onsite the directional boring will have been completed from the upland areas approximately 150 ft inboard and upland from the existing waterlines. The 1" diameter inner duct will be provided from the termination point inshore to a point approximately 150 ft outboard from the mean low waterline. With our barge and cable laying device in position, the end of the cable will be pulled to the upland terminal through the inner duct and from this point to the opposite side of the sound, the cable will be embedded approximately 3ft into the substrate. Upon arrival on the opposite side of the sound the opposite end of the cable will be pulled through the inner duct once again and to the terminal pole on this side of the sound as well. During the course of these operations, tracking of our routing will be performed via GPS for accurate As -Built information and As-Builts of the projects will be provided indicating all activities during the construction operations. C. EMBEDMENT PLOW PROCEDURES As previously described, the embedment plow system initiates with a plow beam attached to the bow or stern of the cable lay barge and at the base of the beam that is shown in the conceptual drawing, the sled with stinger is attached and articulates depending on the bottom contours of the bottom substrate. High pressure water initiates an approximate 4" wide trench which is all that is necessary for a3/4" diameter cable. This trench extends from the top of the substrate down to the bottom of the stinger which is approximately 3ft in depth. The chute is attached to the after (back) side of the stinger. Very little bottom disturbance is initiated during this operation and the sled which glides along the bottom substrate minimizes the uplifting of any materials as the jetting and embedment process continues. With the continuous cable and with no splices, no additional efforts are required during splicing operations. The continuous run of cable allows for continuous embedment which minimizes the disturbance of the plowing efforts. Please find enclosed the permit application which entails the applicable forms No. MP 1 and MP 2. As is obvious, there is no specific information within the permit application that steers one directly to an underwater utility description, but you will notice with the drawings as well as the photos provided, information is submitted herein ' which describes very thoroughly the activities not only across the waterway but on either side of the waterway as well. Should you have any questions concerning the information provided, please call as soon as possible @ 757-397-1131 or my cell phone # 757-636-0036. I appreciate very much your assistance for this project given the heightened condition of necessity as well as the weather window which we are facing as fall and winter approaches. It is our goal to begin operations during the late September or in early October 2003. With the approval of the property owners as shown in the enclosed affidavits as well as to other work similar to this project across the Currituck Sound, we hope that these facts will generate a quick turn around on this application for the final permit for Sprint. Sincerely Yours, J S. Crofton Agent PROJECT DRAWINGS 1�,RO FTON Diving Corporation SINCE 1949 PROPOSED CABLE CROSSING LOCATION MAP cl G o� - 1kt, RY�',��r l C 5~ l - i .2 ;tit �. t� - PROPOSED CABLE - , rt r_z .i i ._, n r� 1 �•..,•� r r �►- .Sim •.� ���� ,r CROSSING WORK AREA HNS MCI— C SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE A IIVITIAI ISSUE 09/2003 FROM WATERLILLY TO COROLLA AWD ROFTON LTR DESCRIPTION DATE CURRITUCK SOUND, NORTH CAROLINA 1'°g' VAREVISION HISTORY LAMBERT CABLE SPLICING COMPANY 757) 397-1131 DATESCALE DRAWN BY CHECKED/AP('ROVED BY SHEET PRQIECT/L1NE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON I I OF 9 1 CDC 03-6396 - } ! * 0% REFER TO COROLLA EAST SHORE W. 4 %Erma Z /Z ENLARGEMENT ON SHEET 5 OF 9 �� r 1 FOR MORE INFORMATION 4 11 REFER TO WATERLILLY WEST SHORE GYJr�1DLL'.� ENLARGEMENT ON SHEET 4 OF 9 FOR MORE INFORMATION CURRITtICR qIND � Whale Head Bay LOCATION POINT, REFER TO SCHEDULE ON SHEET 9 OF 9 FOR MORE INFORMATION (TYPICAL) ' CURRITUCK SOUND CABLE AREA SURVEY OVERALL PLAN VIEW ® SCALE:NONE C SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE A INITIAL ISSUE 09/2003 7FROMT W7�ATERLILLY TO COROLLA ROFTON LTR DESCRIPION DATE CVRRITUCK SOUND, NORTH CAROLINA 1wDiving Corporation Portsmouth, VA REVISION HISTORY LAMBERT CABLE SPLICING COMPANY (757) 397-1131 DATE SCALE DRAWN BY CHECKED/APPROVED BY HEFT ROJECT/UNE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 2 of 9 CDC 03-6396 - WATERLILLY -TY iJlTT ♦ T oyyT 11TT Yl TT COROLLA � g Op pO O O O O O Op pO pO O O O O O O O O Op $ O O pO O O O O O O O O O O O O O O O O O O O O O O O O O S O O Qa -� N M tn 1.0 l— ao O� O N M un �D [- ao Q� M kn \O .� rI LOCATION POINT, REFER TO SCHEDULE ON SHEET 9 OF 9 FOR MORE INFORMATION (TYPICAL) CURRITUCK SOUND PROFILE VIEWING NORTH SCALE: 1" = 5000'-0" 5' SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE A INITIAL ISSUE 09/2003 FROM WATERLILLY TO COROLLA ROFTON LTR DESCRIPTION DATE CURRITUCK SOUND, NORTH CAROLINA Ports Co Portsmouth, Von REVISION HISTORY LAMBERT CABLE SPLICING COMPANY A(o7)397-1131 757 DATESCALE DRAWN BY CHECKED/APPROVED BY HEET ROJECT/UNE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 3 OF 9 CDC 03-6396 r rr r r r r r rr r� r r r r rr rr r rr �r r � '�1yi r :. tit,_ 't� : ��• .. `� _' �i. !°. 1'•••1^'lI L hr: .fit •.'1v 5 Pl. ,�' ;'u. i.} 'C3N. V-7:OF-9; •$G . I1 OF:' DVIEiT�.' : t°: t A'• ! •' I��SJ-'V1 .Q�.PIx`ctT, i 1,�' .4.V� �,i, !1.'.J � i-: �:, .• . .� •7. 1511'It O.- 6.- OF --9, B.�II``_ E hh,��;Tr e�xxp� ,._:' 1 ...,� .. ,, .. •r, „ _., .., '.. •' ` �- ,s. -'t 4'�..r{� ` ?3 ;'•J, 5 . f =tl: WATERLILLY WEST SHORE ENLARGEMENT SCALE: NONE c SPRINT COMMUNICATIONS Since 1949 B PROPOSED FIBER OPTIC SUBMARINE CABLE A FROM WATERLILLY TO COROLLA ROFTON INITIAL ISSUE 09/2003 D1v1r1gCOfJJOf2110D LTR DESCRIPTION DATE CURRITUCK SOUND, NORTH CAROLINA Portsmouth, VA v REVISION HISTORY LAMBERT CABLE SPLICING COMPANY (757) 397-1131 DATE SCALE DRAWN BY CHECKED/APPROVED BY SHEET ROJECT/LINE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 4 OF 9 CDC 03-6396 = m = = r i m = = = s m m m = m DEVELOPED PROPERTY, DIRECTIONAL BORING NO WETLANDS IN WORK AREA —� / STAGING AREA • � • � .'tiy�` �' -';'moi_ �, `4. 1����.,.� i � r��� � � � �+;•;, �., SHORELINE/ MLW':r ♦ i •.a:. ,,F I ... .rte. .+qa .tet 1! /4f t1'f iii �:"• BTaiGINN��I�.OF,EMBEDMENT . � : r' ,�. •'y_ . `�� fr �� , � � �`_ ��..� " '�'°-=; PLOMRATia REFER:TO r SHEE* +<H FOR Il QRAT3T r y (moi .. t-�� .. '' .� r•` _, r , l,y�A•'�•r`rk 1:Y■, :' 1 1 `. d• '�!�S•• �•r t, _�>'•' - r.i ` ,•, ../*". '444,,, l � �'_.r �� j „ � ar 1': f CORONA uly :REFER TO;PH� T0:5 �N SI EE' 8.0 9 r, tip• ; • ; ;: t -31 -: FIBIa1R OP IC CAB7 J him i S' 1 •'i •' �'r'' - tt COROLLA EAST SHORE ENLARGEMENT SCALE:NONE SPRINT COMMUNICATIONS PROPOSED FIBER OPTIC SUBMARINE CABLE . INITIAL ISSUE o9izoos FROM WATERLILLY TO COROLLA DESCRIPTION DATE CURRITUCK SOUND, NORTH CAROLINA REVISION HISTORY LAMBERT CABLE SPLICING COMPANY SCALE DRAWN BY CHECKED/APPROVED BY HEFT R( IER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 5 oP 9 0 Since 1949 VA 131 CRANE CABLE REEL ANCHOR WINCH BARGE PULL CABLE GUIDE CABLE MLW , 01— -10' _ _ -10' -201— _ -20' -30'— - -30' BOTTOM CONTOUR SLED PIVOTS WITH BOTTOM CONTOUR A 0 0 NATURAL JETS BACKFILLED MATERIAL BURIED CABLE SECTION STINGER/CABLE CHUTE A TYPICAL CABLE BURIAL TRENCHING PLOW OPERATION SIDE VIEW SCALE: 1" = 40'-0" cl SPRINT COMMUNICATIONS PROPOSED FIBER OPTIC SUBMARINE CABLE FROM WATERLILLY TO COROLLA Since 1949 ROFTON 4((j757) B A L IITMJI ISSG'E 09/2003 CURRITUCK SOUND, NORTH CAROLINA iving Corporation VA Portsmouth, 31131 LTR DESCRIPTION DATE REVISION HISTORY LAMBERT CABLE SPLICING COMPANY DATE SCALE DRAWN BY CHECKED/APPROVED BY HEFT ROJECT/UNE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JOAN S. CROFTON 6 "gI CDC 03-6396 LOCATION BOTTOM COMPOSITION WATER DEPTH EASTING NORTHIN 1 417817.4 4026197.3 MODERATE TO -3' 3' 2 418149.8 4026182.2 MODERATE TO -1'/SOFT FROM -1' TO -3' 7.5' 3 418467.2 4026136.9 MODERATE TO -1'/SOFT FROM -1' TO -3' 7.5' 4 418769.3 4026091.5 MODERATE TO -1'/SOFT FROM -1' TO -3' 8' 5 419056.4 4026061.3 MODERATE TO -1'/SOFT FROM -1' TO -3' 8' 6 419479.5 4026046.2 SOFT TO -3' 7' 7 419781.7 4026000.9 MODERATE TO -3' 4' 8 420068.8 4025940.4 MODERATE TO -3' 6' 9 420355.9 4025910.2 SOFT TO -3' 8' 10 420627.9 4025880 SOFT TO -3' 9' 11 420945.2 4025849.8 SOFT TO -3' 9' 12 421262.5 4025834.7 MODERATE TO -1'/SOFT FROM -1' TO -3' 9' 13 412534.4 4025759.1 MODERATE TO -1'/SOFT FROM -1' TO -3' 8' 14 421851.7 4025728.9 MODERATE TO -1'/SOFT FROM -1' TO -3' 7' 15 422123.7 4025728.9 MODERATE TO -1'/SOFT FROM -1' TO -3' 6' 16 422425.9 4025698.7 MODERATE TO -1'/SOFT FROM -1' TO -3' 6' 17 422743.21 4025653.4 MODERATE TO -3' 6' 18 423045.41 4025608 MODERATE TO -3' 6' 19 423347.61 4025562.7 MODERATE TO -1'/SOFT FROM -1' TO -3' 7' 20 423619.6 4025517.4 MODERATE TO -3' 6' 21 4236937 4025487.2 MODERATE TO -1'/SOFT FROM -1' TO -3' 5' 22 424254.2 4025456.9 SOFT TO -1'/MODERATE FROM -1' TO -3' 6' 23 424480.8 4205456.9 SOFT TO -1'/MODERATE FROM -1' TO -3' 6.5' 24 424798.1 4025411.6 SOFT TO -1'/MODERATE FROM -1' TO -3' 6' 25 TURN MODERATE TO -3' 4' 26 425342.1 4025532.511 MODERATE TO -3' 1 1.5' TOTAL DISTANCE FROM SHORELINE TO SHORELINE = 263268' LOCATION INFORMATION SPRINT COMMUNICATIONS Since 1949 PROPOSED FIBER OPTIC SUBMARINE CABLE INITIAL ISSUEo9i2oo3 FROM WATERLILLY TO COROLLA AWA.. ROFTON DESCRIPTION DATE CURRITUCK SOUND, NORTH CAROLINA tion rtsmouth, VA REVISION HISTORY LAMBERT CABLE SPLICING COMPANY 757) 397-1131 SCALE DRAWN BY CHECKED/APPROVED BY SHEET PROJECT/LINE NUMBER ;PTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 9 OF 9 CDC 03-6396 PROJECT PHOTO LOG '`f JROFTON Diving Corporation SINCE 1949 PHOTO 1 - WATERLILLY SIDE VIEWING WEST INDICATED BY ARROW IS THE LANDFALL LOCATION, NOTE THERE ARE NO WETLANDS IN THIS AREA PHOTO 2 - WATERLILLY SIDE VIEWING WEST INDICATED BY THE ARROW IS STAKE #1 ON THE LOCATION DRAWING SPRINT COMMUNICATIONS Since 1949 LA PROPOSED FIBER OPTIC SUBMARINE CABLE INITIAL ISSUE 09/2003 FROM WATERLILLY TO COROLLA v ROFTON DESCRIPnON DATE CURRITUCK SOUND, NORTH CAROLINA p�� Jab'OB REVISION MSTORY LAMBERT CABLE SPLICING COMPANY (757) 397-1 /3I DATE SCALE DRAWN BY CHECKED/APPRDVED BY SHEET PRDJECT/LINE NUMBER REV SEPTEMBER 2003 NOTED K.S.F. / D.B. JUAN S. CROFTON 7 DF 9 CDC 03-6396 - PHOTO 3 - CAROLLA SIDE VIEWING EAST TERMINATION POLE INDICATED BY THE ARROW, NOTE THERE ARE NO WETLANDS IN THIS AREA PHOTO 4 - CAROLLA SIDE VIEWING EAST INDICATED BY THE ARROW IS STAKE #26 ON THE LOCATION DRAWING SPRINT COMMUNICATIONS Since 1949 LA PROPOSED FIBER OPTIC SUBMARINE CABLE FROM WATERLILLY TO COROLLA V ROFTON INITIAL ISSUE 09/2003 DESCRMON DATE CURRITUCK SOUND, NORTH CAROLINA Poitsm orpk VA REVISION HISTORY LAMBERT CABLE SPLICING COMPANY (75 9 131 DATESCALE DRAWN BY OVED BY SHEET PROJECT/UNE NUMBER REV SEPTEMBER 2003 NOTED K S.F. / D.B. CHECKED/APPRJUAN S. CROFTON 18 OF 9 I CDC 03-6396 1 - L � ADJACENT � PROPERTY OWNERS AND t AGREEMENTS L L � I FTON = Diving Corporation LL 5�`'j" SINCE 1949 � I List of Adjacent Property Owners Waterlilly Side Currituck County Mainland Property P.O. Box 39 Currituck, NC 27929 Corolla Side State of North Carolina P.O. Box 629 Raleigh, NC 27602-0629 i' Corolla Light Community Assn P.O. Box 490 Corolla, NC 27927 S.E. Caroon Michelle C. Wright Amy Wright Ginger Wright 125 S. Waterlilly Road Coinjock, NC 27923 Corolla Side State of North Carolina P.O. Box 629 Raleigh, NC 27602-0629 i' Corolla Light Community Assn P.O. Box 490 Corolla, NC 27927 Er . U � CUFtfiI O,�aC ^79k.9 �� C3 Postage $ $0.83 -SMO(/ $2.30 p dReturn Certified Fee ru Er OCertified Fee CO I l 0- / ru 117 Return Receipt Fee (Endorsement Required) I.j Restricted Delivery Fee (Endorsement Required) Post A �gf J O fYlC $I I, GO ' O E3 Restricted Delivery Fee (Endorsement Required) $ $L 183 �tT O O &Fees $4.8E +19/ O Total Postage M O Er ri -PS M i' Sent To Required) r-1 Street, Apt. No.;IM rr�� or PO Box No. ra o�,t, state, Z,P+ Q C u (i-4LCY , N G 09 9 Qq U. Lill l ZJ G w 3c In . U � d,u �� lti Ln " A .. • ro $2.30 p dReturn Certified Fee ru Er 2, CO Postage ru 117 fifilIGi IJC 7&11^ PQR Restricted Delivery Fee (Endorsement Required) ,� 2.1 U fYlC Total Postage & Fees ' r` Postage $ $L 183 ostm�arr, �✓ O O Return Reciept Fee (Endorsement Required) O Certified Fee 0707 M O Return Reciept Fee (Endorsement -PS M i' (Endorsement Required) Required) �Q ra Lr) Restricted Delivery Fee (Endorsement Required) U. Lill l ZJ G a M Total Postage 8 $ E 2/201"11'N I' ru Fees � SA o� 0 Sen[ To 17 r- -� - N_ Street, Apt. No.,-"..,,---- �--Q-------- V-------•- ' or----- PO Box No. 2Q , --- ----- -- ---------x �,.aq.-•---•......------. C----- ity, State, ZIP+4 (�G a.i ei qh it -'--- --- at1��a- c�� MR. w 3c In . U � d,u �� CO .. • I $2.30 p dReturn Certified Fee ru Er 2, CO Postage $ $0.83 lco O PQR Restricted Delivery Fee (Endorsement Required) Y� 0 (1 3 2.1 U fYlC Total Postage & Fees OCertified Fee RJ ostm�arr, �✓ O O Return Reciept Fee (Endorsement Required) $1.75 C Restricted Delivery Fee orry Stale, ZIP+4 Of of kl. -PS Form :ii June 2002 Lr) (Endorsement Required) �Q ra M fLl p FTo.CCr----------------------------------------------------- o;ip. iaZrJ S Wii 11 �� �?SI CA-- - J oUP+4 �C 1 N G a `l 3 :rr rr CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) C. kl' LFNJ_ 47C I A U � d,u �� Postage $ I $2.30 p dReturn Certified Fee Prk Reciept Fee (Endorsement Required) $1.75 lco O d Lrl Restricted Delivery Fee (Endorsement Required) Y� 0 (1 3 $I1 � 00 fYlC Total Postage & Fees ID, L /1_ Ij `12,. $ $fir. Ev RJ _ ...:. M o [ti Se To Nco\\O. LSC.h�' ........... Street, opt. I..; or PO Box No. orry Stale, ZIP+4 Of of kl. -PS Form :ii June 2002 ROFTON Diving Corporation 16 Harper Avenue • P.O. Box 7756 • Portsmouth, Virginia 23707 • 757-397-1131 (24 hours) • Fax 757-397-8693 September 12, 2003 1 State of North Carolina P.O. Box 629 Raleigh, NC 27602-0629 Plot # 0114-0055-0000 Deed Book 309 Page 184 Ladies and Gentlemen: My name is Juan S. Crofton Agent, for Sprint Communications, for a sttegic fiber optic cable crossing across the Currituck Sound between Waterlilly and Coroll orth Carolina. Back in 1989 we had the pleasure of providing a submarine power ble cross` g for North Carolina Power just north of this location and as reflected durin&the crse of th a opera 'on there were no impacts during the cable crossing which was conducted by wa of embedmeMling operations. There were two individuals circuit at re embedd d into th , ubstrate during the course of that operation, but with s cable ` ov ing only an ea of ap ; roximately 3/4" in diameter. The impacts will be eve less a d, e ' ble will be laced in t e su to utilizing a hydro embedment plow. is work is extr ly on -intrusive egarding the boMm substrate and the trench created from ch to embed t bl will be co ed r immediately with natural currents and hinant hydro slide th oute. As an a4cen it is a r e nt at we provide you with the information regardin .this crossin o yo wi ve 11 derstanding of the operations of this project. you ha ue ion oncerning the project I will be glad to meet with you onsite to answer any further quest ns that you may have. W The cable on both sides of the crossing will be coming up on landowners that have agreed to the project and used as adjacent property owners that I must notify to make you fully aware of all operations Please find enclosed a full package of the documents for this projects, and once again should you have any further questions please call me at your convenience. Sincerely Yours, Juan S. Crofton Agent Sprint Communications Underwater Specialists Serving the Port of Hampton Roads Since 1949 J I' APPLICANTSAND CONTRACTOR SACKNOWLEDGEMBNTFORM L, have contracted (APPLICANT'S NAME) (CONTRACTOR/COMPANY NAME) to perform the work described in the application signed and dated (DATE) We will read and abide by all conditions as set forth in all Local, State, and Federal permits as required for this project. We understand that failure to follow the conditions of the permits may constitute a violation of applicable Local, State, and Federal statutes and that we will be liable for any civil and/or criminal penalties imposed by these statutes. SEE FEDERAL PENALTIES FOR VIOLATIONS AND RELATED STATE CODES. In addition, we agree to make available a copy of any permit to any regulatory representative visiting the project site to ensure permit compliance. If we fail to provide the applicable permit upon request, we understand that the representative will have the option of stopping our operation until it has been determined that we have a properly signed and executed permit and are in full compliance with all terms and conditions. APPLICANT'S SIGNATURE CONTRACTOR'S SIGNATURE AND TITLE (if applicable) CONTRACTOR'S NAME (PRINTED/TYPED) OR NAME OF FIRM NAO FM 1021, Rev 30 APR 93 1 DATE DATE CONTRACTOR'S OR FIRM'S ADDRESS PrODOsed Currituck Sound TelecomX-ing:Cable , f . . . . . . . . . . . . . . . . . . . . f.. ,{ Y3Jp ` o •i�•tf� ; R5'� ,.we+� .,r :r<. �,. >$,. :, 1 : :t 'iCRG � I � ir✓ �uu �R' r/��.+ 1;� �e elx �t �6;r 's f i L� ae � N' .i' ;&,. r-a."•A �: � t Ni m�.�-�+' f q X11 �i* .y _p 1�,,, r ;a,p4;i t, i3.yl"".�i; .1..�"F...."i%,a�+:l di �i„i. i"i•{ Ml. �&",w', fa iA f' 7/F �," � " r `5 7�-z+�—„�' �'�. i •y',�' ' 'i t la+ . a k. .' ^ ,'�a� r" .t :�, � a�.. ;�'"�i�N��"r,'.!•s � fn� .in;:::; d . a) Fir �`,i ._2 .'""x. +':d:�, .A'a.• ...3K, �,,�s.Fr; r.,f %' i f t rM,r.3,t;•�"r.r?;:�rit ,'� .i.r_�:I: ;v..� / �.' aE ,+,•, � v r . it - , •� s ! : t',i�, �%�r .�.,.1.� r,�c+ r"� .:.., r..fy Y. '�•` �,�• '�>.d,••� � �i%f •:yi::w,r:.. . � . �v I,'�. ;saW.rfiarl'nl �/. �.�'r f; �i� '� � ssa' r''r+;i . 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' S� • �: cm�'"_. •..�f r H;aG+ t'�•'•Yk,."�;rli/��.._}" 'Town: Corolla NC .'•!'Jl; 'A .' ,+,Y(.(+� f. l ",�} :F r�rN';'.�;:t L'Y.v'�+' r F , .r3.1` V. J. - ;+ ; y, :' a'' �f1 > r �y a OII: t M• as3.j N r >;r (Rogi C»srituck County >y .Z.1;r'{•7r! rY �'' y, _ '� .' '1 `J,7't `9'7�SfBIC: NC ;:�`�rr,,•.?Jl..,r;%=t':o-;P,ei .Y%. Ps" i.;as6ur f' � f ZIP(s) in area: ���. . ;f'yf✓;°:'� a -'.•'t 7'�"A= r �. •n`i ; t �„,�,., &f „, � . >� ,.. �` � � - .27927 Ms,�•�r � . lc"?�" § w` ,� � 3'�srra'z,K.t.-`1r �• • �f Air` jou.. i•i., � ��'`�, �"� SR F > E.r•}';:w r� + rr., :.; f'•v,r'u.:>- k".�:/.r- — _ "ri'Y /,•^�•zYdr,' i,.yr#'&�' �;" r s• r` kv,....w ` •..._ r � � tr t r: � }. �i `7.�r,-. r•f ,,.. 1142{Watetiily Rd N��' + vf;' r F � X' ::yY G.pJJ' T",� YT7 4•.'... Jnr J f t (r"u •\�1p�,�"y' Inland a � .p I(j/�/�►may//�/y �� �;?' �"-�••I/�ftp:.i '+r e% r 7�:i'rei,I. . `�.'�J _ l ! :✓111 ' >Xr M �^r_P.: '.Y��v�+f. lGF3 . • .2''!% i;r%!,.,r'"a• \'•.\ II"',. J ,,te�aa .�F '•"�.R'�iu6,+�,xK7yre'' �� � �. � - ,.,'rk4a?;� _ 4:�z'°' � i'i r'�,e:. �{s.`,�� ��;. a �? Syk�,Y;'¢ Club �: �ikab aLriJ Y a I� ♦ `` ES 1� C" p ged y Whalehead Cl Prop" r+ it s� `�Y!• ;. �r}„ •, tleoIIIunv 1cC County cable crossing of (�ropsed CIIdpOlIlt) S 5�w U.S. Fish and Wildli Cturituck Sound a f 48'x 90' nO r d Fa �73J/ln staging point) 4•,..Y..f� - C :+F � 1� C r k ya... : rk u- p th . -,'•,"S,',"'r3.Tfi: � : fir.m,a 1 ` ri�i ! [ .aw -�, Ir� 2 � 112: 16N 41_ p:�}4.J�{; 'thy,. ,�, n�.Y r• r �.!s xr `•�1 R� y7`r,�.r�nr 1 �:' f -� ,� "[ .s. ...gip Y e:�"��•"-l�r .;. h, 1d; e „�K'l'it:�.s''l�%�i �'� �r ..c �. / Y4 r� F�`�l"�R''� to%Lv:i `Y%� `^_•7`rrS.L%n.,'(•i.�, ;Town: Coinjock NGti 3158':, Region: Currituck County r # Mon Fab 10 14:29 2003 Anjock 'State: NC r� N !21P(s) in area: Scale 1.044000 (at center) rs r °','p 1 Mlles !27923 AaySy 4 0. .• � �E�, �a 2 km S1t t ,r eLonm. Street U5 2001 DT Inc ltd 01/2001 M M M M M M M M M i M M M M M M M M M Doo ID: 000060360005 Type: CRP Recorded: 03/12/2003 at 02:45:59 Pf1 Fee Anrt: $26.00 page 1 of 5 Currituck County, Nc Charlene Y Dowdy Register of Deeds BK656 Pa202-206 NORTH CAPOUNA EXCISE STAMPS ATTACHED AND CANCELLED 4 -LI_A-Z 11 lzmmlr ications Systems Flight -d -Way and Easement Deed (`Deed') is entered into a body politic- (`GrarVor7. wfmose address is 2795 Caratoke Hi Muck County. sum of Ten Dollars (=10.00) and other valuable consideration,� '+ CmxTitu , North Carolina 27929. For the Telegraph Company, its Successors assigns, Grantor grants to Carolna Telephone and below, a ri -of lesser and agues, (-Grantee'), subjed to the terms stated and fm � perpetual rt (`Easement) to constnct, operte, maintain, expand, replace underground cables, wires, cormciuits, manholes,ystem Uut � may. from time to time, require, consisting of but not Rrnited to uncle gr or structures for simian uses drains, splicing boxes, surface location markers, and other legally described on Exhibit •A' (•Easement rraccoverrthrough, m� � and �o� a of land as depicted and described in Exhibit "B" (•l.and'), both attached and incorporated. mon of the real property as leery This Deed also indudes: (A) time right of ingress and egress aver and across the Land or any by Grantor adjacent to the Land for the by Pr y O1j1jf or controlled Purpose of exercising the rights granted herein, (B) the right to dear and keep cleaned an trees, roots, brush and other obstnxtions from the surface and sub surface of the Easement Tract during mon and maintenance. (C) the right to pennit the attachment of and/or to carry condW wines nes and cables of any other company or person as required by lays carry Grantor's use of the Land may not interfere Wth the rights conveyed to Grantee or Grantee's use of the Easement Trac. Grantor Will not erect any structure or plant trees ar other vegetation within the Easement Tract. Grantor w"rants that Grantor is the OvAW of the Land and y4p defend title to the Land against the daims of any and all persons, and that Grantor has full authorfty to grant this Easement accorang to Its terms. Grantee agrees to place any facilities, stnxk res, or surface location markers a# or below grade to maintain the visual integrity and park -like setting of the =head Club Property. LAND TRANSFER TAX AMOUNT PAID ARN 1129261 PRN 238485 DATE -1- COLLECTOR t AGREEMENT TO PURCHASE EASEMENT Carolina Telephone and Telegraph Company as Grantee, conditionally agrees to purchase and Kevin W. Doxey and wife, Kelly S. Doxey, as Grantor, hereby agrees to execute an easement conveying a perpetual right of way and easement over, across, under, and through that plot or parcel of land described below subject to the following terms and conditions: L PROPERTY: The lands subject to the perpetual right and easement to be conveyed are located in the City/Township/Civil District of Coinjock, County of Currituck, State of North Carolina, and more particularly known and described as follows: Street Address: 906 Waterlily Road, Coiniock, North Carolina 27923. Site Description: A ten -foot (10,) wide corridor along the northerly boundary of the Grantor's Property, from the southeasterly and easterly right-of-way of SR 1142 approximately at Grantor's driveway, to the western bank of Currituck Sound. ne easement cel ("Easement Parcel") will be approximately located on Grantor's real property as depicted on the sketch attached as Exhibit "A". Grantee will obtain a survey describing the exact location and extent of the Easement Parcel. 2. USE: The easement will be used for placement of communications equipment. The equipment will be buried, and may include any of the uses described on the attached Exhibit "B", which will be the actual easement form Grantor will use to convey the easement upon satisfactory completion Of any investigations that Grantee may elect to conduct. Grantee's use of the Easement Parcel includes the right to make future additions replacements, rearrangements, or attachments. 3• PRICE: The price to be paid to Grantor for the easement and right of way is: Ten Thousand j, Dollars ($10,000.00), Paid by check after Grantee's survey and review referred to in Section 5 have been completed, all necessary or required permits have been obtained, and a duly executed, recordable easement in the form attached as Exhibit "B" is executed by Grantor and delivered to Grantee. In the event that the Grantor consists of two or more parties and the price to be paid to Grantor will not be delivered to a title company or other entityescrowclosing disbursement of the purchase funds, then Grantor will designs a one of the Grantor parties to t delivery of the purchase funds from the Grantee on behalf of all the Grantor parties. Grantor accept designates Kevin W. Doxey as the Grantor party to accept delivery of the purchase funds ("Grantor Agent"). Grantor Agent will provide to Grantee a valid W-9 form or Taxpayer Identification Number for tax reporting purposes and Grantor Agent will be solely responsible for any further ' disbursement of the purchase funds to the other Grantor indemnify Grantee and hold Grantee harmless from any liability foarty or rrtrcantor agrees to in accordance with this Agreement and as to any further disbursement payment he pur haseurchase funds to ords ' among the Grantor party or parties not designated by the Grantor as the Grantor Agent. 4. GRANTOR'S REPRESENTATIONS: Grantor warrants, agrees and represents that: ' (a) Grantor knows of no restrictive covenants, casements, zoning, or other governmental regulations that would prevent the reasonable use of the Easement Parcel for telecommunication purposes. ' ARN 113170 / PRN 240395 -1- r IL I (b) There are no delinquent ad valorem or other taxes on the real property of which the Easement Parcel is a part ("Property"), there are no liens, encumbrances or special assessments, either pending or confirmed for work performed or material supplied at the Property, or for sidewalk, paving, water, sewer, or other improvements on or adjoining the Property, and that there will have been no labor or materials furnished to the Property within 120 days prior to the date of closing of Grantee's purchase of the easement ("Closing,,). Grantor further agrees to indemnify Grantee against any lien filed against the property or claim for work performed or materials supplied on behalf of Grantor, or from any assessments or taxes on the Property not caused by Grantee's use of or improvements located on the Easement Parcel. (c) The Property will be in substantially the same condition at closing as on the date of this Agreement, reasonable wear and tear excepted. (d) To the best of the Grantor's knowledge, the Property is free from any form of contamination and contains no hazardous, toxic or dangerous substances, and that there are no underground storage tanks. (e) Grantor possesses a fee simple marketable title in and to the Property as described in the paragraph above and Grantor is in compliance with any restrictive covenants affecting the Property. In order to expedite the review process, Grantor agrees to provide Grantee with copies of any title information relating to the Property in its insurance policies, title opinions, surveys, deeds, promissory Possessiono end,the including any title t (f) When requested by Grantee, Grantor will execute aneasement in the form attached hereto as Exhibit "B" and incorporating the terms agreed to herein. 5. GRANTEE'S REVIEW: Upon execution of this Agreement, Grantee reserves the right to conduct a review of the Property, which review does not relieve Grantor of responsibility for the representations set forth inara p graph 4 above. Grantor hereby authorizes such access to the Easement Parcel as Grantee deems necessary for the following: (a) Conducting an environmental investigation, including the right to perform tests and take soil samples. (b) Surveying the proposed Easement Parcel, and locating and/or placingany markers or oth monuments necessary in the opinion of Grantee's surveyor. er (c) Conducting any other review or test that Grantee feels is helpful in deciding whether the Easement Parcel is suitable for Grantee's use. If, after completion of Grantee's review, it is determined in Grantee's sole discretion that (1) the Easement Parcel or Property is unacceptable to Grantee for its intended use, (2) necessary or required zoning changes or governmental or other permits cannot be obtained or cannot be obtained in a timely manner, or (3) it appears that the purchase of the easement cannot be finally concluded within 120 days from the date this Agreement is last executed, Grantee may terminate this Agreement without further obligation by providing Grantor with written notice to that effect. Closing cannot occur until all necessary or required permits have been obtained. 6. MISCELLANEOUS: (a) Possession of the Easement Parcel will be delivered to Grantee at the time of Closing, unless otherwise arranged in writing, signed by the parties. (b) Grantee will pay the cost of its survey, testing, title insurance, and recording and notary fees incidental to this Agreement. ARN 113170 / PRN 240395 _2 _ (c) Grantee will repair, solely at Grantee's expenses, any areas of the Land that are altered or damaged and any damage done to the existing bulkhead as a result of construction or maintenance by Grantee. ' (d) Grantee will not remove the existing pine tree -within the proposed Easement Parcel at the northeast corner of Grantor's Property. (e) Grantee will install any and all facilities, now or in the future, at or below grade, to minimize any impact and maintain the visual integrity of the Grantor's waterfront parcel. (fl Grantor may install a fence within the Easement Parcel, as long as Grantee's access to the Easement Parcel is not adversely affected. Should any planned maintenance or construction be required by Grantee requiring the removal of fence, Grantor will be given seven (7) day advance notice in writing to remove the fence at Grantor's expense. Grantee will not be liable for any damage to fence as a result of any emergency construction or maintenance. 7. PARTIES: This Agreement binds and inures to the benefit of the parties successors, and assigns. As used herein, words in the singular include the plural, an l ad the use of ' neutral gender includes the feminine and masculine genders as appropriate. 8. SURVIVAL: Any provision herein contained which by its nature or effect is required to be observed, kept, or performed after Closing will survive the Closing and remain binding upon and ' for the benefit of the parties until fully observed, kept, or performed. 9. ENTIRE AGREEMENT: This Agreement contains the entire agreement of the parties and there are no representations, inducements, or other provisions other than those expressed in writing. All changes, additions, or deletions hereto must be in writing and signed by all parties. GRANTOR: GRANTEE: Printed Name: Kevin W Doxev Date:__ Y- q -43 SSN:_,� * -a2 -G -71,2- GRANTOR: 7i,2- GRANTOR: By: Printed Name: Kelly S Doxev Date:__ ARN 113170 i PRN 240395 -3- Carolina Telephone and Telegraph Company «»_ ' 1 t Printed tL Name:h . i /. Date: 4r GLQ� U Exhibit A To Agreement to Purchase Easement Sketch of Easement Parcel: ARN 113170 / PRN 240395 _ 4 LXUHMM�ffA To Communications S stems Ri ht-of_Wa and Easement Deed Essement Tract Description: ' The Easement Tract lies within and across a pard of land known as the Whalehead Club, lopted in tea, Cu r'W* Camty, North Carolina. A twenty -foot (20') wig r�n>ent Tract Currituck Sound at some point aIogg or about begins at the high tide mark of Land and COl inns for a distance of about tvw h 'section ape! a soutl>errr boundary of the Grantor's ' d"ct'On. and then, arcing V_'A liy to a norihwesteu hduewon to a ��t1e��S ward' in a northeasterly continues and thM mt�rdefmg 8 5') westerly aide of this edy oda the GrAta's Land for a distance of about two hundred -twenty-five feet (22S') to a pmt at the s Tan4 where the RO�'side of Club Road, an access road within and across the I Easenxw narrow" to a ten -foot (10') wide Easement Tract, and thea, t� in a noKiheasterly direction and continues along or abuut the foot (10') wide Pasanertt Tract frof abotsey shoultSer of Club Road, within this narruaed ten 12 (Octan Trail) right of -way, Wting the Grantor's Land at ti sven sppo�� (780') to the westerly e* of SR ' See Accompanying Sketch. r—� ARN 112926 / PRN 238485 -3- EXHIRI'I' g _ j�al �riution of Land e00K *t')'0 J PAGE 1 8 5 De�eription of rroperty Doing Conreyod to Currituck County Beginning at a e0n0rete sonUndnt bested end btinq at the interssotion Of the southern right-of-way of Re 1105 (GO' n/w) and the weetarn zight- ot-way of NC 12 (also known as Ocean 7rai1; 100' R/It), thence S s5. 24' Point of heginninq�. K 333.60 teat along the southern k/k Of HC 1105 to the place and Thence from the POIAt of baginnin7 ! 03. 218 13• Z. 41.11 feet to an exiatingr iron pin boinQ Cho north -eat corner of Lot 15, Corolla Light, Y.U.D., Phase 13 as recordod in Plat Cabinet b Slide 86, Currituck County Reglrtry; thence continuing along the vtsttzn lin• of the aforesaid Lot 15, 5 03. 29' 13" V 135.5Y fast to an existin the northern right-Of_w4y Of Village Lane (40' g iron pin on 03. 21' La 40.00 R/x); [Teat• continuing S Yllirge Lateat to a point on the routhern right-of-way of Lanai thenae along the southern rlgljt-of-way of Village La N aG" 30, 47" C 27.60 feat to a }.,.int at thr northwaae oornar or I.ea {7, thanca 81oaq the wast linos of Lots 4'1, 4s, 49, 50 and 31, f 03. 29' 13" L 90.50 taaG to an exi3t1nq iron pin; S o5. 22' 02� x 37,.15 lnc; co an exiating iron pips, S 04. 29' 13" L 211.15 feat to an 37..$3existinq iron rod OA the netthazn right-of-way Of Club Road (40' R/M) said oxiating Iran red' also at the southwest aozwr of the aforesaid Lot 51) a continuing serosa Club rioad t thanc 07. 211 IIs L 42.51 fast to an existing iron piPo.on the aouthozn right-of-wqy of Club Road at the northwest earner of Lot 32, Corolla Light, t.U.D., ?haat 9,1 as recorded in plot the TsortC D, hwest tlidalines16. Currituc)t County MCristtyl thence ContiAuinq along Cabthe noof Sots $2. 33. tl 47.44 toot to an oxivtinq iron pipe,51, 55, St and 57, S 11. 17' 18" 5 35. 15' 00" K 45.00 Sect to a Doint, S 53. 30' 31!.00 toot to a points theaco cornarinq and aontinying alornQ the eouthwostorn lines of Lots 67 and Ss, S 34. 291 13" t: 144.54 rest to a points thence cornering 3 55. 30' 47" M 50.57 lost along the s+orthweotern lino cn a parcel aonveyad to Outer Banka KagieLryl Ventuzee, Ino, by deed recorded at D.B. 2$9, ?age 267, Currituck County th"" 8long Cho western line of tho atoraaaid outsz IIanks Venturoa, Inc. treat S 27. 20' 23" Y 175.13 feet to a point, thane eontlnuis,q 1 07. 13' 23" N 163.25 [set to a Point in the doodad line 244, trot, Mha3ohvati Club, lnc, to 111 Meat ilsaoeiatea, Inc. recorded in D.11. Page 653, Currituck CountY Mgri3trys thence with the bean high 'water line of Whalohead Say and the Currituck Sound the followioff general eoursas and distances: N 42. 00' 26" K 121.64 toot. earnezinq) !( W 02' 21' K 274.53 rust t0 a point; 3 15. 02, 11" K 012.44 fret to a Point; N 86. 22' 31" M 149.62 lest to a point, eorneringl S 3S• 4l� Oa W 71.54 teat to a point, 30 Cornerings S 71. 241 43" K 16.10 root to a p0ibt, Cotneriaq; S 22. 13' t]• sl' 31" M 140,14 lest to 31" N 11.25 toot CO a point, cornctingj II a point, cornering) S II. 44` 37" K 111.22 feet to s, point, cornering; N 42. 17. 22" wear 39.74 root to a )pint, t, N 37• JI' ]0" L 167.90 fast to a rising N 29. 29' 04" x 46.26 feet to a point, cornering; N 39. 58' So" tact 111.39 root to a point, cortyrzingl S 71` 36' 29" 8 17.17 feet to a point, cornering[ N CO' 51' 04 L 121,16 feet; N 29' 15' 27" L 212.20 teat to a point, N 06' 40' 30" K 51.71 tact to a poinK, oornerinq; N 23• o7' 30" = 77,01 fast to a Point) N 11. 20. 21" 6 13.50 foot to a pointy K 12' 42' 11" K 129.01 feat t0 A point) a 06. 54' 29" t 102,58 test to a point, cornering; x 53. 03' 524 14.253.04 feet to a'point, cornering; zunning thence N 401 414 410 L S01.2S tset to " existing conerutu monuuant, cornering! r�inY thanes N /5' 2S 7t t 49.37 Leet to a point; running thenen K IS' 24' 26" L 712.31 toot along the southern rig21t-0f-way or MC 1113 Go the point and place of baginnirq. 1048 and sxoopt Lot 39 as daaeribod in D40d nook 260, Page 129, __Currituck County Registry. ARN 112926 / PRN 238485 262 �1 Il Grantor further warrants that to the best of Grantor's Iv-iowledge the Land is free from any form of cWtar ination and contains no hazantous, toxic or dangerous substarx;es. ACKNOWLEDGEMENT Executed by Grantor this _Kl—_day d t`-C�.i 20Q3 GRANTOP- � RIC �►»a _ . Printed STATE OF /),/a ' COUNTY OF(� MY commission expires .,.► fin., t Before me, a notary public in and for said County and State, on this ��'f�dey 2of 00,x,, Personally appeared Daniel F. Scallon, 11, Curritucfc Manager, Cunttudc County, a body PONtic. W)Om to me to be the Identic a Corxrty cted this foregoing instrument, and ac�c "Medg� to me that DaNel F. Scanlon, I�I,� xeounty ' Manager, Cunttuc k Cotrnty, a body polfttc, executed the same as his free and voluttary act and ��thC�y �m�m therein set forth and by y Wy Oven and as the W of the NQIary Public ARN 112926 / PRN 238485 -2- F-XHMrr A - Accomi2anying Sketch To Communication Systcms Right -of -Way and nsement Deed J. 0 THIS MAP IS NOT A CERTIFIED SURVEY & HAS NOT BEEN REVIEWED BY A LOCAL GOVERNM]W AGENCY C4 FOR COMPLIANCE WITH ANY APPLI- La CABLE LAND DEVELOPMENT REGULATIONS. T7 ARN112926/PRN23US5 u ja A-0. iid c T7 ARN112926/PRN23US5 u loo:� x'.A c co :3 -4- NCDENR J North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor Donna D. Moffitt, Director William G. Ross Jr., Secretary December 2, 2003 Sprint Communications c/o Dan Lilly 816 Fairground Road Elizabeth City, NC 27909 Dear Mr. Lilly: The Division of Coastal Management has received a copy of General Permit No. 35983-A issued on November 6, 2003 authorizing the installation of a fiber optic cable line across the Currituck Sound. The General Permit authorized the same development activity as proposed in your application for a CAMA Major and State Dredge and Fill permit dated August 11, 2003 (MP -1) and August 26, 2003 (MP -2). By this letter, I am notifying you that based on the issuance of the General Permit, the Division is terminating the review process for your application for a CAMA Major and State Dredge and Fill permit. If you have any questions or if the Division can provide any assistance in the future, please feel free to contact me by telephone at (919) 733-2293, extension 245, or email me at Doug.Huggett@ncmall.net. Sincerely, Doug Huggett Major Permits & Consistency Coordinator cc: Ed Harrell — DCM, Elizabeth City DCM, Morehead City Raleigh Bland - USACE, Washington Juan S. Crofton, 16 Harper Avenue, Portsmouth, VA 23707 1638 Mail Service Center, Raleigh, North Carolina 27699-1638 Phone: 919-733-2293 \ FAX: 919-733-1495 \ Internet: http://www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Action Employer— 50% Recycled \ 10% Post Consumer Paper