20091007 Ver 1_More Info Received_20091116

Strickland, Bev
From: Steenhuis, Joanne
Sent: Monday, November 16, 2009 2:51 PM
To: Strickland, Bev
Cc: Dennison, Laurie
Subject: FW: West Onslow Beach DWQ # 09 1007
Attachments: WOB DWQ Letter.pdf; WOB Encroachment. pdf
From: Hamlett, Mark A.
Sent: Monday, November 16, 2009 2:18 PM
To: Steenhuis, Joanne
Cc: Herndon, Mason; Giles, Jon; Jenkins, Lindsay
Subject: West Onslow Beach
Joanne,
Please find attached a letter regarding the encroachment agreement between WRC and DOT for the West Onslow Beach
project. Also attached is a pdf of the signed/approved encroachment agreement. Hard copies will be put in the mail
today. Please let me know if you have any questions or if you need any further information.
Thanks,
Mark Hamlett, PE
Design Services Section Chief
N.C. Wildlife Resources Commission
Division of Engineering Services
1720 Mail Service Center
Raleigh, NC 27699
phone: [phone]
fax: [phone]
email: mark. hamletto_ncwildIife.org
Get NC Wildlife Update news including season dates. bag limits, IE'gislative updates and more delivered to your Inbox from the N.C. Wildlife Resources
Commission.
STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
BEVERLY EAVES PERDUE DIVISION OF HIGHWAYS
GOVERNOR
September 3, 2009
North Carolina Wildlife Resources Commission
Attention: Mark Hamlett
1720 Mail-Service Center
Raleigh, NC 27699-1720
Dear Mr. Hamlett:
SUBJECT: Encroachment Agreement on NC 210
in Onslow County
(Reference Number: E-67-09-050)

N 10'AIRC Erv INEERIKG
EUGENE A. CONTI, JR.
SECRETARY
Attached for your files is a copy of Right of Way Encroachment contract properly executed.
This contract covers the following:
Access area renovation to include the installation of two ramps and a floating dock. Proposed
dredging of channel approximately 1,000 linear feet in length and 10' in width.
COMMENTS: Original encroachment for this sight was approved February 1, 1984.
This approval is also subject to the attached Special Provisions.
Very truly yours,
J4. k' opt' /a - Q- ?-
H. A. Pope, P.E.
Division Engineer
HAP/ARE/dlr
Attachment
cc: Robert Memory
Robert A. Vause, P.E.
Lara Burleson, Manager of the Town of North Topsail Beach
124 Division Drive, Wilmington, NC 28401 [phone] Fax [phone]
` rya 11y1 away /_ I v rrtlJJCI., I M161. unsww uuurv I r ut- unslow
Beach
DEPARTMENT OF TRANSPORTATION RIGHT OF WAY ENCROACHMENT AGREEMENT
FOR NON-UTILITY ENCROACHMENTS ON
-AND- PRIMARY AND SECONDARY HIGHWAYS
North Carolina Wildlife Resources ®67-®9-®C®
Commission V dd
1720 Mail-Service Center
Raleigh, NC 27699-1720
Mark Hamlett, PE [phone]
THIS AGREEMENT, made and entered into this the rJ day of 20 cSl' by and between the Department
If Transportation, party of the first part; and North Carolina Wildlife Resources Commission
party of the second part,
WITNESSETH
THAT WHEREAS, the party of the second part desires to encroach on the right of way of the public road designated as
Zoute(s) NC Highway 210
,located 0.37 miles North of intersection of NC210 and
SR1568 on NC210.
iith the construction and/or erection of: Access area renovation to include the installation of two ramps, and a floating dock.
Proposed dredging of channel approx. 1,000 LF in length, and 10' in width.
WHEREAS, it is to the material advantage of the party of the second part to effect this encroachment, and
ie party of the first part in the exercise of authority conferred upon it by statute, is willing to permit the
ncroachment within the limits of the right of way as indicated, subject to the conditions of this agreement;
NOW, THEREFORE, IT IS AGREED that the party of the first part hereby grants to the party of the second
art the right and privilege to make this encroachment as shown on attached plan sheet(s), specifications and
pecial provisions which are made a part hereof upon the following conditions, to wit:
That the said party of the second part binds and obligates himself to install and maintain the encroaching facility in such safe
and proper condition that it will not interfere with or endanger travel upon said highway, nor obstruct nor interfere with the proper
maintenance thereof, to reimburse the party of the first part for the cost incurred for any repairs or maintenance to its roadways
and structures necessary due to the installation and existence of the facilities of the party of the second part, and if at any time
the party of the first part shall require the removal of or changes in the location of the said facilities, that the said party of the
second part binds himself, his successors and assigns, to promptly remove or alter the said facilities, in order to conform to the
said requirement, without any cost to the party of the first part.
That the party of the second part agrees to provide during construction and any subsequent maintenance proper signs, signal
lights, flagmen and other warning devices for the protection of traffic in conformance with the latest Manual on Uniform Traffic
Control Devices for Streets and Highways and Amendments or Supplements thereto. Information as to the above rules and
regulations may be obtair:ed from the Division Engineer of the party of the first part.
That the party of the second part hereby agrees to indemnify and save harmless the part/ of the first part from all damages
and claims for damage that may arise by reason of the installation and maintenance of this encroachment.
It is clearly understood by the party of the second part that the party of the first part will assume no responsibility for any
damage that may be caused to such facilities, within the highway rights of way limits, in carrying out its construction and
maintenance operations.
That the party of the second part agrees to restore all areas disturbed during installation and maintenance to the satisfaction
of the Division Engineer of the party of the first part. The party of the second part agrees to exercise every reasonable
precaution during construction and maintenance to prevent eroding of soil; silting or pollution of rivers, streams, lakes, reservoirs,
other water impoundments, ground surfaces or other property; or pollution of the air. There shall be compliance with applicable
rules and regulations of the North Carolina Division of Environmental Management. North Carolina Sedimentation Control
Commission, and with ordinances and regulations of various counties, municipalities and other official agencies relating to
pollution prevention and control. When any installation or maintenance operation disturbs the ground surface and existing
ground cover, the party of the second part agrees to remove and replace the sod or otherwise reestablish the grass cover to
meet the satisfaction of the Division Engineer of the party of the first part.
That the party of the second part agrees to assume the actual cost of any inspection of the work considered to be necessary
by the Division Engineer of the party of the first part.
<uvv k-io-iH) incorporating an revisions to aate.
N WITNESS WHEREOF, each of the parties to this agreement has caused the same to be executed the day and
'ear first above written.
DEPARTMENT OF TRANSPORTATION
BY: '.. I - P"01- 16_0 -. .
atvislw 5414s-
ATTEST OR WITNESS:
L04nd SCA les i n er
Mark A. Hamlett, PE
NCWRC - Design Services Section Chief
01v,l #4&?
Second Party
INSTRUCTIONS
When the applicant is a corporation or a municipality, this agreement must have the corporate seal and
be attested by the corporation secretary or by the empowered city official, unless a waiver of corporate
seal and attestation by the secretary or by the empowered City official is on file in the Raleigh office of
the Manager of Right of Way. In the space provided in this agreement for execution, the name of the
corporation or municipality shall be typed above the name, and title of all persons signing the agreement
should be typed directly below their signature.
When the applicant is not a corporation, then his signature must be witnessed by one person. The
address should be included in this agreement and the names of all persons signing the agreement
should be typed directly below their signature.
This agreement must be accompanied, in the form of an attachment, by plans or drawings showing the
following applicable information:
1. All roadways and ramps.
2. Right of way lines and where applicable, the control of access lines.
3. Location of the proposed encroachment.
4. Length and type of encroachment.
5. Location by highway survey station number. If station number cannot be obtained, location
should be shown by distance from some identifiable point, such as a bridge, road,
intersection, etc. (To assist in preparation of the encroachment plan, the Department's
roadway plans may be seen at the various Highway Division Offices, or at the Raleigh
office.)
6. Drainage structures or bridges if affected by encroachment.
7. Typical section indicating the pavement design and width, and the slopes, widths and
details for either a curb and gutter or a shoulder and ditch section, whichever is applicable.
8. Horizontal alignment indicating general curve data, where applicable.
9. Vertical alignment indicated by percent grade, P. I. station and vertical curve length, where
applicable.
10. Amount of material to be removed and/or placed on NCDOT right of way, if applicable.
11. Cross-sections of all grading operations, indicating slope ratio and reference by station
where applicable.
12. All pertinent drainage structures proposed. Include all hydraulic data, pipe sizes, structure
details and other related information.
13. Erosion and sediment control.
14. Any special provisions or specifications as to the performance of the work or the method of
construction that may be required by the Department must be shown on a separate sheet
attached to encroachment agreement provided that such information cannot be shown on
plans or drawings.
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ENCROACHMENT AGREEMENT E-67-09_050
SPECIAL PROVISIONS Onslow County
SP 3 An executed copy of this encroachment agreement shall be present at the
construction site at all times during construction. NCDOT reserves the right to stop
all work unless evidence of approval can be shown. If safety or traffic conditions
warrant such action, NCDOT reserves the right to further limit, restrict, or suspend
operations within the right of way.
SP 4 Materials and workmanship shall conform to the NC Department of Transportation's
Standards and Specifications.
SP 5 The encroaching party is required to contact the appropriate Utility Company (ies)
involved and make satisfactory arrangements to adjust the utilities in conflict with
the proposed work prior to construction.
SP 6 Proper temporary and permanent measures shall be used to control erosion and
sedimentation in accordance with local, State and Federal regulations. If any area in
excess of one (1) acre will be disturbed, the Encroachee shall submit to the District
Engineer's Office a Sediment and Erosion Control Plan which has been approved by
the appropriate regulatory agency or authority prior to beginning any work on the
Right of Way. FAILURE TO PROVIDE THIS INFORMATION SHALL BE
GROUNDS FOR SUSPENSION OF OPERATIONS.
SP 14 Approval of this Encroachment does not include any portion of the work outside the
North Carolina Department of Transportation's Rights of Way.
SP 29 All excavations inside the theoretical 1:1 slope from the existing edge of pavement to
the bottom of the nearest trench wall shall be made in accordance with the following
conditions:
A. All trench excavation inside the limits of the theoretical 1:1 slope as defined by
the policy, shall be completely backfilled and compacted at the end of each
construction day. No portion of the trench shall be left open overnight.
B. The length of parallel excavation shall be limited to the length necessary to install
and backfill one (1) joint of pipe at a time.
C. Traffic shall be moved to a travel lane outside the limits of a theoretical 1:1 slope
from the bottom of the nearest trench wall to the pavement surface.
D. Installation of trench shoring shall be accomplished with minimal over-
excavation. TRENCH BOXES SHALL NOT BE USED AS SHORING.
E. An NCDOT Inspector, the cost of which to be borne by the party of the second
part, shall be assigned to this project if deemed necessary by the Division Engineer.
F. The trench backfill material shall meet the Statewide Borrow Criteria. The trench
shall be backfilled, in accordance with Section 300-7 of the January 2006 Statewide
Standard Specifications for Roads and Structures, which basically requires the
backfill material to be placed in layers not to exceed six (6) inches loose and
compacted to at least 95% of the density obtained by compacting a sample in
accordance with AASHTO T99, as modified by DOT.
G. At the first sign of trench failure, a trench shall be immediately backfilled with
materials consisting of A-1, A-3, A-2-4 soils or A-4 soils having a maximum of 45%
passing a No. 200 sieve and a maximum P.I. of 6. All work shall cease, the Division
Engineer shall be contacted. The Party of the Second Part shall be required to repair
any damage to the pavement caused by the excavation.
SP 37 This encroachment is approved with the understanding that the North Carolina
Department of Transportation does not guarantee the right of way on this road, nor
will it be responsible for any claim for damages brought by any property owner by
reason of the installation.
SP 43 Ingress and egress shall be maintained to all businesses and dwellings affected by the
project. Special attention shall be paid to police and fire stations, fire hydrants, and
hospitals.
SP 46 If existing guardrail is disturbed, it shall be reset back to NCDOT Standards and as
directed by the District Engineer.
SP 55 The encroaching party shall comply with all applicable state and federal
environmental regulations, and shall obtain all necessary state and federal
environmental permits, including but not limited to, those related to sediment
control, stormwater, wetland, streams, endangered species, and historical sites.
SP 58 Right of way monuments disturbed during construction shall be referenced by a
registered Land Surveyor and reset after construction.
SP 67 The issuance of this encroachment does not preclude the encroachee from complying
with any and all statues, rules, regulations, or ordinances which may be imposed by
other government agencies (local, state, and federal) which have jurisdiction.
SP 123 Proposed dredging shall have a 10' minimum setback from any bridge struture.
SP 124 Once all Enviromental permits have been obtained by encroachee, they shall be sent
to NCDOT 295 Wilmington Hwy. Suite A Jacksonville, NC 28540 Attn: Doug
Racine. All Enviromental permits will be placed with approved encroachment.

VERIFICATION OF COMPLIANCE WITH
ENVIRONMENTAL REGULATIONS
(Check Appropriate Box)
F1 Permits from the N.C. Department of Environment and Natural Resources and the
U.S. Army Corp of Engineers are not required for this project. However, all applicable
federal and state regulations have been followed.
The required permits from the N.C. Department of Environment and Natural Resources
and the U.S. Army Corp of Engineers have been obtained for this project. Copies of
permits and Completion Certificates are attached.
All applicable NPDES Stormwater Permit requirements have been met for this project.
(The applicant should contact the N.C. Division of Water Quality in Raleigh to determine
if a stormwater permit is required.)
?? The project is in compliance with all applicable sedimentation and erosion control laws
and regulations.
Project Name:
Township:
Project Engineer:
Project Contact:
West Onslow Beach
North Topsail Beach County:
Onslow County
Mark A. Hamlett, PE Phone No.: 919.707.0155
Mark A. Hamlett, PE
Applicant's Name: North Carolina Wildlife Resources Commission
Date Submitted:
Form VCER-1
June 1, 2006
August 13, 2009
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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
August 13, 2009
Lindsay R. Jenkins
NC Wildlife Resources Commission
1720 Mail Service Center
Raleigh, NC 27699-1720
Subject: Stormwater Permit Exclusion - Redevelopment
West Onslow Beach Boating Access Area
Project Number SW8 090804
Onslow County
Dear Ms. Jenkins:
?,UG ? ? 2009
On August 3, 2009, the Wilmington Regional Office of the Division of Water Quality received a request to exclude the subject
proposed redevelopment project from Stormwater Management Permit requirements. Staff review of the plans and supporting
documentation has determined that the project proposes activities that are excluded from State Stormwater permitting
requirements as set forth in Section 2.(d)(3) of Session Law 2008-211, effective October 1, 2008, and the stormwater rules
under Title 15A NCAC 2H.1000, as amended.
Therefore, the director of the Division of Water Quality is hereby providing confirmation that the subject project is excluded from
State Stormwater permitting requirements under the following conditions: 1) The project must be constructed as shown on the
plans submitted to this Office; 2) The proposed built-upon area of 38,956 square feet does not exceed the existing built-upon
area of 38,956 square feet; and 3) The proposed stormwater control, sheet flow into restabilized marsh grass area, provides
equal protection of surface waters as the existing stormwater control, which is sheet flow into eroded marsh grass area.
Under Section .1003 (b) of the stormwater rules, the entire common plan of development must be permitted. Therefore, any
future development or changes to the proposed development, including, but not limited to, the relocation of built-upon area and
the construction of additional built-upon area, may require approval or a Stormwater Management permit application and permit
issuance from the Division of Water Quality prior to any construction. Any construction on the site prior to receipt of the required
approval or permit will constitute a violation of Title 15A NCAC 2H.1000 and Session Law 2008-211, and may result in the
initiation of appropriate enforcement action.
Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which
may be required by Federal, State, or local government agencies, rule or law. If you have any question, or need additional
information concerning this matter, please contact either Linda Lewis or me at 910-796-7215.
Sincerely,
Georgette !§cott
Stormwater Supervisor
Division of Water Quality
GDS/arl: S:1WQSISTORMWATERIEXEMPT1090804.aug09
cc: Robert Vause, District Engineer, NCDOT (Property Owner)
Town of North Topsail Beach Building Inspections
Division of Coastal Management
Wilmington Regional Office File
Central Files
Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.org
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An Equal Opportunity 1 Affirmative Action Employer
0 North Carolina Wildlife Resources Commission
Gordon Myers, Executive Director
November 16, 2009
Joanne Steenhuis
Division of Water Quality
127 Cardinal Drive Extension
Wilmington, NC 28405
Re: West Onslow Beach Boating Access Area- WRC/DOT Encroachment Agreement
Joanne,
The North Carolina Wildlife Resources Commission and Department of Transportation have an
approved encroachment agreement concerning the WRC boating access area at North Topsail Beach
in the Highway 210 right of way in Onslow County. The original encroachment was approved on
February 1, 1984 while the new agreement was recently approved as seen in the attached letter from
DOT dated September 3, 2009.
If you have any additional questions or comments, please do not hesitate to call me at (919) 707-
0344.
Sincerely,
North Carolina Wildlife Resources Commission
Lindsay R. Jenkins
DIVISION OF ENGINEERING SERVICES
Mailing Address: 1720 Mail Service Center - Raleigh, NC 27699-1720
Office Location: 1751 Varsity Drive - Raleigh, NC -Telephone: [phone] - Fax: [phone]