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HomeMy WebLinkAbout19990396 Ver 2_CAMA Application_2012052211% *1o1 (OAS14i Ex�p al • D 3 �t to V 3° a' y North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Governor Braxton C Davis, Director Dee Freeman Secretary 16 May 2012 EXPRESS PERMIT REVIEW PROGRAM MEMORANDUM a @@gg� TO Karen Higgins MAY 2 Division of Water Quality z� 1Z FROM David W Moye W DENR 6 R gvgli ib Express Permits Coordinator watef,erancfi SUBJECT CAMA/DREDGE & FILL Permit Application Review Applicant PCS Phosphate Company Inc Project Location At 5318 Archbell Road off SR 1339 near the Town of Bath at Archbell Point on the Pamlico River in Beaufort County North Carolina Proposed Project The applicant proposes to place granite riprap waterward of the existing bulkhead Please indicate below your agency s position or viewpoint on the proposed project and return this form by 6 June 2012 If you have any questions regarding the proposed project please contact David W Moye at 252 948 3852 When appropriate in depth comments with supporting data is requested REPLY This agency has no objection to the project as proposed This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated See attached This agency objects to the project for reasons described in the attached comments SIGNED DATE 943 Washington Square Mall Washington North Carolina 27889 Phone 252 946 -6481 1 FAX 252 948 -0478 1 Internet www nccoastalmanagement net/ An Equal Opportunity 1 Affirmative Action Employer — 50 / Recycled 110 / Post Consumer Paper ij (�' J/q 1[� yn � DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT Express Permit Review Program APPLICANTS NAME PCS Phosphate Company Inc 2 LOCATION OF PROJECT SITE Beaufort County at 5318 Archbell Road off SR 1339 at Archbell Point on the Pamlico River near the Town of Bath in Beaufort County North Carolina Photo Index - 2006 103 -8672 A -19 B -19 C -19 D -1819 E -17 18 F -1617 G -15 16 H -1415 1 -1314 102 8775 A-4 B-4 5 C -5 6 D-6 7 E -7 8 F -8 9 10 11 12 1314 State Plane Coordinates - X 2 645 000 Y 624 800 GPS Rover File - could not obtain Bath Quad (upper left corner) 3 INVESTIGATION TYPE CAMA & D/F 4 INVESTIGATIVE PROCEDURE Dates of Site Visits -15 May 2012 Was Applicant Present - YES 5 PROCESSING PROCEDURE Application Received -16 May 2012 Office - Washington 6 SITE DESCRIPTION (A) Local Land Use Plan - Town of Bath Land Classification From LUP - Conservation (Water Wetlands) Rural (Land) (B) AEC(s) Involved EW PTA CS (C) Water Dependent YES (D) Intended Use Commercial (E) Wastewater Treatment Existing - Septic tanks and drain fields 7 E:3 Planned - N/A (F) Type of Structures Existing - 3 houses bulkhead riprap buildings Planned - Riprap (G) Estimated Annual Rate of Erosion Zero Source - Applicant HABITAT DESCRIPTION [AREA] nRFnr;Fn mi i Fri piers roads and farm OTWFR (A) Vegetated Wetlands (B) Non - Vegetated Wetlands River bottom ±48 180 ft2 ri ra (C) Other Uplands (D) Total Area Disturbed ±1 11 acres (±48180 ft2) (E) Primary Nursery Area No (F) Water Classification SB NSW Open NO PROJECT SUMMARY The applicant proposes to place 4 818' of riprap waterward of existing bulkhead R PCS Phosphate Company Inc Archbell Point Riprap Project Beaufort County Express Permit Review Program Project setting Jeff Furness with PCS Phosphate Company Inc has requested the attached application be processed under the Express Permit Review Program for the placement of nprap adjacent an existing wooden bulkhead The project site is located at 5318 Archbell Road off SR 1339 at Archbell Point on the Pamlico River near the Town of Bath in Beaufort County North Carolina PCS Phosphate Company Inc (PCS) is a mining and refining industry located near the Town of Aurora in Beaufort County North Carolina PCS has extensive land holdings in the county bordering the Pamlico River Pungo River South Creek and their tributaries The site involves a 451 acre tract of land adjacent Bath Creek and the Pamlico River and is within the ETJ of the Town of Bath The proposed project area is approximately 5 000' of bulkheaded shoreline at Archbell Point along the Pamlico River The majority of the shoreline in the project area is vegetated with mowed lawn grass immediately landward of the existing bulkhead and transitions to a strip of mixed hardwoods and pines at the crest of the slope 50' to 76 landward of the bulkhead The majority of the property is in active agriculture or silviculture production While both Coastal Wetlands and Section 404 Wetlands have been delineated on the property no wetlands exist in the immediate vicinity of the proposed project The adjacent upstream (west) property is approximately 2 000 feet of natural wooded shoreline owned by the applicant and then a subdivision with single family homes stabilized shorelines and piers The downstream end of the project area abuts Bath Creek Approximately 2 500 feet of shoreline owned by the applicant on Bath Creek is bulkheaded along the upland portions with nprap adjacent two wetland areas The next property up Bath Creek adjacent the applicants is a developed subdivision with single family homes stabilized shorelines and piers The site elevation is t8' to 10 above normal water level (NWL) along this section of the Pamlico River Pamlico River is classified as SB,NSW at the project location by the Environmental Management Commission This area is coastal fishing waters and is not open to shell fishing Project description The applicant proposes to place 4 818' of Class 2 granite riprap adjacent the existing wooden bulkhead to repair damage from Hurricane Irene as well as to enhance the existing shoreline stabilization along the river The riprap will have abase width of 10 for a total footprint of 48180 f1:2 W PCS Phosphate Company Inc Archbell Point Riprap Project Beaufort County Express Permit Review Program Page Two Anticipated impacts The project as proposed will result associated with the placement of the nprap result of the construction activities David W Moye -16 May 2012 in the filling of 48 180 ft2 of river bottom The project will result in localized turbidity as a P®tashCorp Helping Nature Provide Hand Delivered May 14 2012 Mr David Moye Division of Coastal Management North Carolina Dept of ENR 943 Washington Square Mall Washington N C 27889 Dear Mr Moye The current wooden bulkhead along the Pamlico River shoreline at the PCS Phosphate Bath Lodge on Archbell Point was constructed in 1993 and has required repairs two out of the last four years to maintain its integrity PCS Phosphate would like to place Class 2 granite rip rap stone against the face of the existing bulkhead along the Pamlico River on the waterward side Enclosed is a CAMA Mayor permit application submitted under the Express Review program for this work Included in this package is a check for $4 000 00 for the express permitting application fee If you have any questions on this matter, please call me at (252) 322 8249 Sincerely 9f", C Iw+ nnw+ efir ey Furness Senior Scientist Enclosures PC R M Smith w/o encl M Brom w /drawings 12 03 001 91 w /encl 1530 NC HWY 306 S Aurora NC US 27806 9245 T 252 322 4111 www potashcorp com Dom MP 1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1 Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Pcs Phosphate Company Inc Bath Lodge Rip Rap Last Name Applicant 1 First Name MI Last Name Mailing Address Jeffrey C Furness State Applicant 2 First Name MI Last Name ext If additional applicants please attach an additional page(s) with names listed FAX No Mailing Address PO Box City State 1530 NC Hwy 306 South ZIP Aurora NC ZIP Country Phone No FAX No 27806 USA 252 322 8249 ext 252 322 4444 Street Address (if different from above) City State ZIP Email )furness @pcsphosphate com 2 AgentlContractor Information Business Name Agent/ Contractor 1 First Name MI Last Name Agent/ Contractor 2 First Name MI Last Name Mailing Address PO Box City State ZIP Phone No 1 ext Phone No 2 ext FAX No Contractor # Street Address (if different from above) City State ZIP Email <Form continues on back> f u.0 / i �r (i1 � -i Form DCM MP 1 (Page 2 of 4) APPLICATION for Mayor Development Permit 3 Project Location County (can be multiple) Street Address State Rd # Beaufort 5318 Archbell Road 1339 Subdivision Name City State Zip N/A Bath NC 27808 Phone No Lot No (s) (if many attach additional page with list) 252 923 7081 ext N/A a In which NC river basin is the project located? b Name of body of water nearest to proposed project Pamlico Pamlico River c Is the water body identified in (b) above natural or manmade? d Name the closest major water body to the proposed project site ®Natural ❑Manmade ❑Unknown Pamlico River e Is proposed work within city limits or planning jurisdiction? f If applicable list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within i Is the proposed project consistent with the applicable zoning? Bath NC 4 Site Description a Total length of shoreline on the tract (ft ) b Size of entire tract (sq ft ) 7 750 ft 19 645 560 sq ft 451 acres c Size of individual lot(s) d Approximate elevation of tract above NHW (normal high water) or N/A NWL (normal water level) (If many lot sizes please attach additional page with a list) 5 20 ft ❑NHW or ®NWL e Vegetation on tract Lawn grass variety of hardwood and pine trees wax myrtle agricultural row crops f Man made features and uses now on tract Existing bulkhead pier two houses gravel roads row crop farming g Identify and describe the existing land uses adiacent to the proposed project site Loblolly pine plantation homesites h How does local government zone the tracts i Is the proposed project consistent with the applicable zoning? R 1 Land W 1 Water (Attach zoning compliance certificate if applicable) ®Yes ❑No ❑NA I Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k Hasa professional archaeological assessment been done for the tract? If yes attach a copy ®Yes ❑No ❑NA If yes by whom? MAAR Associates Inc I Is the proposed project located in a National Registered Historic District or does it involve a ®Yes ❑No ❑NA National Register listed or eligible property? <Form continues on next page> r-I �, i I I -c© n r c r c r ct Form DCM MP 1 (Page 3 of 4) APPLICATION for Mayor Development Permit m (i) Are there wetlands on the site? ®Yes FEND (n) Are there coastal wetlands on the site? ®Yes I ]No (iii) If yes to either (i) or (n) above has a delineation been conducted? ®Yes []No (Attach documentation if available) n Describe existing wastewater treatment facilities Septic tank drain field o Describe existing drinking water supply source Private well p Describe existing storm water management or treatment systems None sheetflow off of vegetated property 5 Activities and Impacts a Will the project be for commercial public or private use? ®Commercial [Public/Government ❑Private /Community b Give a brief description of purpose use and daily operations of the project when complete Rip rap placed on the waterward side of an existing old wooded bulkhead will maintain the stability of the shoreline along the Pamlico River and prevent erosion especially during storm events c Describe the proposed construction methodology types of construction equipment to be used during construction the number of each type of equipment and where it is to be stored Dump trucks will bring rip rap stone to the site a front end loader used to move rock to the shoreline and a backhoe used to place np rap Equipment to be stored at least 100 feet away from the river shoreline d List all development activities you propose Install new granite rip rap along the waterward side of an old existing wooden bulkhead e Are the proposed activities maintenance of an existing project new work or both? New Work f What is the approximate total disturbed land area resulting from the proposed project? 0 ®Sq Ft or ❑Acres g Will the proposed project encroach on any public easement public accessway or other area ®Yes ❑No ❑NA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state Sheetflow stormwater off of land over the existing bulkhead i Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No [DNA I Is there any mitigation proposed? ❑Yes ®No ❑NA If yes attach a mitigation proposal <Form continues on back> FCC 1 nc( fn I (� C Form DCM MP 1 (Page 4 of 4) APPLICATION for Mayor Development Permit 6 Additional Information In addition to this completed application form (MP 1) the following items below if applicable must be submitted in order for the application package to be complete Items (a) — (0 are always applicable to any major development application Please consult the application instruction booklet on how to properly prepare the required items below a A project narrative b An accurate dated work plat (including plan view and cross sectional drawings) drawn to scale Please give the present status of the proposed project Is any portion already complete? If previously authorized work clearly indicate on maps plats drawings to distinguish between work completed and proposed c A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site d A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties e The appropriate application fee Check or money order made payable to DENR f 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 mad 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 Name Mr Josef Kosic Phone No Address 626 Kugler Kamp Road Washington NC 27889 Name Ms Marie Boyd Phone No (252) 923 4761 Address 4261 Archbell Road Bath NC 27808 Name Phone No Address g A list of previous state or federal permits issued for work on the project tract Include permit numbers permittee and issuing dates CAMA Permit 138 92 Texasgulf Inc 12/10/92 CAMA General Permit 017261 PCS Phosphate 5/1/97 CAMA Permit 24 99 PCS Phosphate 3/2/99 401 WO Cert Project # 990396 PCS Phosphate 4/29/99 h Signed consultant or agent authorization form if applicable i Wetland delineation if necessary l A signed AEC hazard notice for projects in oceanfront and inlet areas (Must be signed by property owner) k A statement of compliance with the N C Environmental Policy Act (N C G S 113A 1 10) if necessary If the project involves expenditure of public funds or use of public lands attach a statement documenting compliance with the North Carolina Environmental Policy Act 7 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 the conditions and restrictions contained in the permit 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 Date _05/04/12 Print Name Jeffre Furness Signature 1-4 IV k- Please indicate application attachments pertaining to your proposed project ®DCM MP 2 Excavation and Fill Information ❑DCM MP 5 Bridges and Culverts ❑DCM MP 3 Upland Development ❑DCM MP 4 Structures Information it I I % � 9 C t7 f1 Form DCM MP -2 EXCAVATION and FILL (Except for bndges and culverts) Attach this form to Joint Application for CAMA Mayor Permit Form DCM MP 1 Be sure to complete all other sections of the Joint Application that relate to this proposed project Please include all supplemental information Describe below the purpose of proposed excavation and /or fill activities All values should be given in feet 1 EXCAVATION El This section not applicable a Amount of material to be excavated from below NHW or NWL in b Type of material to be excavated cubic yards c (i) Does the area to be excavated include coastal wetlands /marsh d High ground excavation in cubic yards (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected []CW ❑SAV ❑SB OWL ❑None (n) Describe the purpose of the excavation in these areas 2 DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a Location of disposal area b Dimensions of disposal area (i) Do you claim title to disposal areas d (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes []No ❑NA (n) If no attach a letter granting permission from the owner (n) If yes where? (i) Does the disposal area include any coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL ❑None (n) Describe the purpose of disposal in these areas (i) Does the disposal include any area in the water9 []Yes ❑No ❑NA (n) If yes how much water area is affected? c CJ 1 � 111 L — t \ IcZC III 1 -LI ittC Ic'.1s a 12 (M Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL ) stabilization Length Width Avg Existing NA NA Depth Final Project NA NA Depth 1 EXCAVATION El This section not applicable a Amount of material to be excavated from below NHW or NWL in b Type of material to be excavated cubic yards c (i) Does the area to be excavated include coastal wetlands /marsh d High ground excavation in cubic yards (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected []CW ❑SAV ❑SB OWL ❑None (n) Describe the purpose of the excavation in these areas 2 DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a Location of disposal area b Dimensions of disposal area (i) Do you claim title to disposal areas d (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA ❑Yes []No ❑NA (n) If no attach a letter granting permission from the owner (n) If yes where? (i) Does the disposal area include any coastal wetlands /marsh (CW) submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WL)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB OWL ❑None (n) Describe the purpose of disposal in these areas (i) Does the disposal include any area in the water9 []Yes ❑No ❑NA (n) If yes how much water area is affected? c CJ 1 � 111 L — t \ IcZC III 1 -LI ittC Ic'.1s a 12 (M F crm DC'Mii (iris` 2` Ira r xatioii at d IR €f( Cec r P of 2 3 SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin use MP 4 - Structures) d i yNe vi snorenne sidon¢duon ❑Bulkhead ORiprap ❑ Brea kwater /Sill ❑Other C Average distance waterward of NHW or NWL 10 feet e Type of stabilization material Granite rip rap g Number of square feet of fill to be placed below water level Bulkhead backfill Riprap 48,180 Breakwater/Sill Other I Source of fill material Commercial rock quarry D Lengm 4,61 tf Teel Width 10 feet d Maximum distance waterward of NHW or NWL 10 feet f (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (u) If yes state amount of erosion and source of erosion amount information Existing old wooden bulkhead is in place h Type of fill material granite rip rap rock 4 OTHER FILL ACTIVITIES ®This section not applicable (Excluding Shoreline Stabilization) a (i) Will fill material be brought to the site? []Yes []No ❑NA b (i) Will fill material be Dlaced in coastal wetlands /marsh (MI If yes (u) Amount of material to be placed in the water (m) Dimensions of fill area (iv) Purpose of fill 5 GENERAL a How will excavated or fill material be kept on site and erosion controlled? Material is large rock no erosion c (i) Will navigational aids be required as a result of the protect? ❑Yes ®No ❑NA (u) If yes explain what type and how they will be implemented submerged aquatic vegetation (SAV) shell bottom (SB) or other wetlands (WI-)? If any boxes are checked provide the number of square feet affected ❑CW ❑SAV ❑SB ❑WL ❑None (u) Describe the purpose of the fill in these areas b What type of construction equipment will be used (e g draglme backhoe or hydraulic dredge)? Backhoe dump truck front end loader d (i) Will wetlands be crossed in transporting equipment to protect site? []Yes ®No ❑NA (n) if yes explain steps that will be taken to avoid or minimize environmental impacts 05/04/12 Jeffrey C Furness for PCS Phosphate Date Ap nt Name Bath Lodge Rip Rap till, l' �� PCS Protect Name Qhttvlgoure �, 1. 1 f 11 i nc,rr f ;T i a�-n enf re �rticc �Ipc V NARRATIVE The current wooden bulkhead along the Pamlico River shoreline at the PCS Phosphate Bath Lodge on Archbell Point was constructed in 1993, and has required repairs two out of the last four years to maintain its integrity This application is to place Class 2 granite rip rap stone against the face of the existing bulkhead on the waterward side, with the base of the rip rap 10 feet out from the existing bulkhead, and the rock at a 2 1 slope to the top of the bulkhead No work will occur along the bulkhead that is along the Bath Creek shoreline There is no aquatic vegetation in the water, and there will be no digging or excavation in the water in front of or on the land behind the existing bulkhead No new waterfront acreage is proposed be bulkheaded or rip rapped under this permit application The granite rock will come from a commercial off site quarry Dump trucks and a front end loader will deliver the rock to the site, and a backhoe will be used to place the rip rap, after fabric is laid on the river bottom and up the sides of the existing bulkhead We believe that rip rap presents the best long term protection of this length of shoreline, and also provides more aquatic habitat value than the existing vertical bulkhead a D CA r DOM _�- rm� f= O_x> mZT MOO > M O _ n TI Z = O CJi m nD 0 po 0 D C m O D O N O Z n O � D W D- r m m Z O N ? 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oer 1' f 2004 NORTH CAROLINA REGISTERED ESTATE NO 210 BEAUFORT COUNTY THE CERTIFICATE OF TEXASGULF INC I hereby certify that the title is registered in the name of Texasgulf Inc a Texas corporation in and to a certain tract or parcel of land located in Bath Township Beaufort County North Carolina and more particularly described as follows Beginning at an iron pipe driven in the ground on the North side of Pamlico River (said iron pipe being located as follows Beginning at a marked cypress on the North side of Pamlico River and being in a Southward direction from the main dwelling house on the farm and running along the North side of Pamlico River South 86 30' West 300 feet thence North 79 West 386 feet thence North 72 30' West 525 feet to the aforesaid iron pipe) and running along the North side of Pamlico River South 72 30' East 525 feet South 79 East 386 feet North 86 30' East 300 feet to a cypress North 67 35' East 359 feet to a cypress North 58 East 487 feet North 60 20' East 800 feet North 57 East 441 feet North 60 50' East 443 feet North 37 15' East 216 feet to a buggy axle driven in the ground thence North 45 West along the shore at the mouth of Bath Creek 600 feet to a small bay in Brick House Creek thence with said Brick House Creek Northwardly to an iron pipe (said iron pipe being located by continuing the course from the last call at the bay on Brick House Creek and running South 5 45' East 214 feet North 85 West 139 feet South 89 15' West 129 feet North 39 West 151 feet South 80 West 179 feet South 79 West 124 feet North 4 30' East 244 feet North 21 15' West 200 feet North 59 15' West 283 feet North 41 15' West 126 feet North 20 East 76 feet) thence South 20 West 148 1/2 feet to an iron pipe thence South 80 10' West 187 feet to an iron pipe thence South 66 30' West 942 feet to an iron pipe thence North 16 West 5 feet thence South 66 30' West 410 feet to an iron pipe thence North 17 West 25 feet to an iron pipe thence South 66 West 858 feet to an iron pipe thence South 18 45' East 1424 feet to an iron pipe the beginning containing 137 9 acres together with the roadways and appurtenances thereunto belonging See Map Book 1 Page 125 ESTATE FEE SIMPLE subject only to a right of way dated December 7 1964 recorded in Book 578 page 296 Beaufort County Registry executed by R H Archbell et ux to Mary S McLaurin and lien of Beaufort County taxes for the year 1975 This Certificate is issued to the purchaser of said tract or 205 parcel of land in lieu of certificate for Registered Estate No 210 Torrens Book 10 . Page _ ( 9q . Beaufort County Registry which had been issued to John A Wilkinson et al and which has been cancelled This is Registered Estate No 210 Torrens Book / 40 . Page Witkesa my hand and seal at office at Washington North Carolina this. / 'r day=pf C�l 1975 tG l � t ` � iA ?,?/-A � Register of Deeds /7 cs iil OR REGISTR R AT_ G MOCK 4-W jK DAY Of .�1 19 4Ni REGISTEPED IY THE OFFICE OF THE REGISTER OF DEED. OF 6EAUFO�R1 (AUNTY IN IOOr,2,CttL X--¢, /0 It,� d1w of D� 4—Jnec IIIII'il w � d 1 S t 8 f n A t 1 1b !l AcMULLAN a MCMULLAN w K C NORTH CAROLINA BEAUFORT COUNTY THIS DEED Made as of the I , day of , I � 1970 from James L McLaurin and wife Mary Shelbourne McLaurin of Beaufort County North Carolina hereinafter designated SELLERS to Texas Gulf Sulphur Company a Texas corporation hereinafter designated BUYER WITNESSETH That for and in consideration of One Thousand Dollars and other valuable, considerations to SELLERS paid by BUYER the receipt of which is hereby acknow- ledged SELLERS have sold and do hereby convey unto BUYER its successors and assigns a certain tract or parcel of land located in Bath Township Beaufort County North Carolina more particularly described as follows Beginning at a point on the northerly shore of Pamlico River at the westernmost corner on Pamlico River of the R H Archbell land (now under contract with 'texas Gulf DIY k- 0-- V- 'y I ---- j1 u c line of - - --!:- -- North 17 59' West 708 6 feet to an iron thence with another line of the said Archbell tract North 81 44 West 715 7 feet to an iron thence with the easterly line of the Kugler heirs South 16 35 East 547 8 feet to the northerly . hore of Pamlico River thence down the northerly shore of Pamlico River as follows South 75 12' East 170 1 feet South 71 54 East 100 feat South 72 29' East 100 3 feet South 78 28' East 147 8 feet South 67 17' East °00 8 feet and South 64 49 East 94 3 feet to the point of beginning containing 9 17 acres more or less as surveyed by W C Rodman Jr Registered Land Surveyor on January 33 1970 It being the identical property conveyed to Mary Shelbourne Crawford (now Mary Shelbourne McLaurin) from R H Archbell et al by deed dated December 28 1945 recorded in Book 360 page 533 Beaufort County Registry Together with and including a right of way which was granted to Mary S McLaurin from R fI Archbell et ux by right of way deed dated October 25 1967 recorded in Book 618 page 415 Beaufort County Registry TO HAVE AND fO HOLD the aforesaid tract or parcel of land togethc aith all rights ways privileges and appurtenances thereunto belonging or in anyi%1„c appertaining unto it the said BUYER its successors and assigns in fee Sin p provided however this conveyance is made subject to the following reset vation. and conditions 46S McMULLAN a McMULLAN no W W 14 C 1 SELLERS reserve a life estate unto themselves and at the death of one of them a life estate is reserved to the survivor of them Upon the death of the survivor all rights of every sort relative to the above described property which were formerly owned by such survivor shall be null and void 2 All of SELLERS' rights of every land with respect to the property above described shall automatically expire at such time as SELLERS abandon said premises 3 SELLERS shall be obligated to pay all taxes and assess- ments of every land with respect to said property during their period of possession and they shall have the obligation of maintaining said property in such manner as they see fit BUYER shall have no maintenance or replacement responsibilities relative to the property 4 The rights and privileges herein reserved to SELLERS are personal to them and they shall not have the right to assign rent sublet or in any way transfer assign or convey any of their rights regarding the above described property SELLERS covemint that they are seized of the land above described in fee and have the right to convey the same in fee simple that the same is free and clear from all liens and encumbrances and that they will warrant and defend the title thereto against the lawful claims of all persons whomsoever provided however said land is conveyed subject to the above set forth reservations and conditions < �r U J MCMULLAN e McMULLAN w �✓ N C 467 IN WITNESS VHEREor SELLERS have hereunto set their hands d and seals ( .r, �\ / ✓ 1/ll . ,. (SEAL) Ja / mees L McLaurin _(SEAL) / Mary Shelbourne McLaurin NORTH CAROLINA BEAUFORT COUNTY Before me ti t a Notary Public in and for J the Count} and State aforesaid personally appeared James L McLaurin and wife Mary 91ILlbourne McLaurin and acknowledged the due execution of the foregoing instrument foi the purp3ses therein expressed Witness my han 1 and notarial seal this i x day of _ ( t r 1970 i L) Idy Commission expire � l Notary Public itiorth Ca ^oliha ?,eaufo +- Cou ity r/ The fore oing certificate_of �r�✓ �(� i �f�L/ I otary P..bll Motaries PL-1)1-#c i., /a c c -rtifi d to be correct This in n nt was pi c -orted for r i t atlon and recorded in this of, i,,,, -t Book 6S.Z, Page / e_ This i dai of . �)�l / 19 �r at �-/ o ,look L Id ohn I 'org n By_ I/ , 1/1 /!-) c L tea (,.L Daeds deputy r iBt�r Deed., Wk P®tashCorp Help ng Nature P ovide Certified Mail May 4 2012 Ms Marie Boyd 4261 Archbell Road Bath North Carolina 27808 Dear Ms Boyd PCS Phosphate is applying for a CAMA Mayor permit to place approximately 4 818 feet of rip rap rock on the waterward side of our existing wooden bulkhead along the Pamlico River at our Bath Lodge property on Archbell Point The specifics of the proposed work are shown on the enclosed drawings Since you are a landowner of property that is adjacent to PCS Phosphate s you are required to be notified of the project so that you may file comments if you so wish Should you have any objections to this proposal please send your written comments to Mr David Moye NC Division of Coastal Management 943 Washington Square Mall Washington NC 27889 within 30 days of your receipt of this notice If you have no objections you don t have to do anything If you have any questions on this project please call me at 322 8249 or e mail me at jfurness @pcsphosphate com Sincerely ��s C ,i v, — Je ey C Furness Senior Scientist Enclosure PC 23 03 001 91 1530 NC HWY 306 S Aurora NC US 27806 9245 T 252 322 4111 www potashcorp corn P®tashCorp Helping Nature Provide Certified Mail May 4 2012 Mr Josef Kosic 626 Kugler Kamp Road Washington North Carolina 27889 Dear Mr Kosic PCS Phosphate is applying for a CAMA Major permit to place approximately 4 818 feet of rip rap rock on the waterward stale of our existing wooden bulkhead along the Pamlico River at our Bath Lodge property on Archbell Point The specifics of the proposed work are shown on the enclosed drawings Sin%,e you are a landowner of property that is adjacent to PCS Phosphate s you are required to be notified of the project so that you may file comments if you so wish Should you have any objections to this proposal please send your written comments to Mr David Moye NC Division of Coastal Management 943 Washington Square Mall Washington NC 27889 within 30 days of your receipt of this notice If you have no objections you don t have to do anything If you have any questions on this project please call me at 322 8249 or e mail me at jfurness @pcsphosphate com Sincerely -;L 4 r�O l f-,A4 J frey C Furness Senior Scientist Enclosure PC 23 03 001 91 1530 NC HWY 306 S Aurora NC US 27806 9245 T 252 322 4111 www potashcorp com M to 1% fill CCC N 00 TOM A PHASE I ARCHAEOLOGICAL SURVEY �p 316F115 AND 31BF117 AND A PHASE II ARCHAEOLOGICAL SURVEY 31BF115 TERASGULF BATH CREEK NORTH CAROLINA Prepared Under the Supervision of Ronald A Thomas Principal Investigator By Ted M Payne Research Associate and Bruce H Dahlin Research Associate! JUL 10 US AnM Carps A of EnglnOM J -- Wdrmrvton Dstncl r t�rc c� ^try slit A-1 ,J REPARED BY PREPARED FOR ' . �� ° ►"d MAAR Associates Inc U 5 Army Corps of Engineers _ 9 Liberty Plaza Wilmington District p 0 Box 676 P 0 Box 1890 Newark DE 19715 0676 Wilmington NC 28402 1890 March 198 �37 r 11 1 , 1) y-1 FOREWORD The report which follows was prepared after a long period of background and field research considerable data analysis and interpretation and report writing and production A sizeable team was assembled to carry through the project from the initial field reconnaissance to the editing of the final copy of the project report Throughout this effort all personnel strived towards the production of a quality product This research effort has made every attempt to properly evaluate the prehistoric and the historic resources that lie buried within the cultivated field and estuary edge of 31BF115 These efforts have concluded that the material culture resources due to both prehistoric Late Woodland occupation and 18th and early 19th century historic period occupation are valuable sources of information, not to be hastily compromised To the MAAR Associates Inc research team, and to our informants and professional colleagues I offer my sincere gratitude I anticipate that the reader will find this a useful contribution to our knowledge of coastal North Carolina cultural history -P, lu- cV Ronald A Thomas Principal Investigator S077? tot REPORT DOCUMENTATION I REPORT it A I It 1pi nt • Accession t4a PAGE e Title nd Subtllt A Phase I Archaeological Survey 31BF115 and 31BF117 L fl port Dal and a Phase II Archaeological Survey 31BF115 March 1987 d' Texasgulf Bath Creek North Carolina 7 Authorial L P rte m ns 0 it nlzaUon A Pt, No MAAR -NC -5A 9 P rlorrnl a Oraanitall n N me and Address IL P otect/T sk /Wo It Unit No MAAR Associates Inc 9 Liberty Plaza 11 cant ct(C) a c ont(c) He P O Box 676 (a Newark Delaware 19715 -0676 (c) 12. Soon o it 0 =antzatl n Home and Add ess U S 13 Type of A port 4 P lad Cora d Army Corps of Engineers Cultural Resource Survey Wilmington District Phase I an(, II Post Office Box 1890 I� Wilmington North Carolina 28402 -1890 13. Supplementary Notes IL Abst set (Umit: 200 r.dal Phase I and II archaeological investigations were conducted within the Texasgulf Chemical Company project area Beaufort County North Carolina Two sites were identified 31BF115 and 31BF117 Both contained prehistoric components and 31BF115 had an historic component Surface and subsurface prehistoric cultural material deposits including features were Iocated at 31BF115 No features were found at 31BF117 In- ground historic structural remains and three possible historic burials were identified at 31BF115 The prehistoric components in the two sites have settlement histories which are primarily affiliated with the Wood'and period circa 1000 B C to A D 1650 Both of the sites were mainly inhabited during the Latz- Woodland period A D 800 to 1650 Colington phase The 31BF115 historic component appeared to be primarily from the eighteenth century and was associated with early residences and plantations operated near the town of Bath 31BF115 is recommended to have cultural significance and it is considered to have potential foe nomination to the National Register of Historic Places Avoidance of adverse impact is recommended or if not possible data recovery research should be undertaken I7 Document Analysis a D scrtptors IL Id tin n /Opo End d T me r coSAn r tdlereut, 1 1L A oil •spry stator" M 19. Security Cl as Rh s A Peru 21 No, 01 P d s Wr e to L S Army Corps of Engineers Wilmingto District P O Box 1890 Wilmington North Carolina 2a Socu I $a (Mis P off 22. Price lA IS A"M -739 la) 1 0107101,14L FOAM 211 14-771 MANAGEMENT SUMMARY MAAR Associates, Inc , a cultural resources management firm from Newark Delaware, was contracted by the U S Army Corps of Engineers Wilmington District to conduct Phase I and Phase II archaeological surveys within a Texasgulf Chemical Company project area in Beaufort County, North Carolina The project involved a permit application for the construction of a sea wall along the banks of Bath Creek The two archaeological surveys we a completed under Work Order Number DACW54 -85 -F -3209 Contract NumDer DACW54 -85 -C -0037 As a result of the Phase I survey, two sites were located 31BF115 and 31BF117 Both prehistoric and historic components were identified at 31BF115 The cultural history at 31BF117 was primarily prehistoric with several historic artifacts recovered Based on the Phase I investigation results and recommendations, a Phase II survey was requested for the prehistoric and historic components at 31BF115 The Phase II investigations suggest that the principal prehistoric occupations of 31BF115 were associated with Colington phase cultures in the Late Woodland period Middle and Early Woodland activity also occurred at the site Lnd there is a possibility that 31BF115 was visited during the Archaic Period However, the majority of artifacts and food remains recovered from surface and subsurface deposits reflected settlement /subsistence patterns associated with an inland Colington phase base camp at which broad -based food procurement practices were possibly supplemented by swidden agriculture The subsistence system at 31BF115 has been interpreted to include spring, summer fall and possibly winter procurement and processing activities Although not identified, there is the possibility that an ossuary was established within the village This was a common cultural practice of Colington phase people in sedentary base camps The archaeological data recovered from the historic component at 31BF115 supports the documented use of the site In the 18th century a series of owners maintained plantations and residences included were Governor Charles Eden and Edward Salter, a merchant Two buried structural features are present, as well as human graves The structural remains may represent the location of the main residence and a waterfront warehouse and pier facility The human burials relate to the Colonial period and to the late 19th century The material culture pattern of the data base conforms with the Carolina Artifact Pattern (South 1977), a Colonial residential processual model Artifacts recovered seem to reflect a socio- economic status that would have been associated with the residence of wealthy landowners An evaluation of the data base recovered from 31BF115 has resulted in the conclusion that the cultural resources of this site are culturally significant and that the site has the potential to be declared eligible for the National Register of Historic Places The recommendation of significance and nomination potential applies to both the prehistoric and historic components offi r, rl vti' r} r�. r� ?'.r7',+ti�`►�45�'UCS�4Sn'h..: r:tn'r The prehistoric component contains important settlement/ subsistence information concerning procurement and processing practices within Colington phase villages Subsurface features have been shown to retain their integrity Investigations can reveal information explaining intra— settlement patterns which have not been adequately explained for the Colington culture Also the potential exists for the study of Early and Middle Woodland period settlement practices, and changes in Woodland period patterns within the North Carolina Tidewater region The site may impart details of 18th century plantation and residential processual patterns Associated with these may be social— economic practices indicative of high status ascribed to political leaders i e Governor Charles Eden Study of the material culture and food remains from the historic component can contribute important information pertaining to the Carolina Artifact Pattern model, social status, and the operational practices of Colonial Tidewater plantations in northern North Carolina Plantation economic pursuits at 31BF115 can be expected to be interrelated with the commercial enterprises in Bath the local Port of Entre. and can be compared to those of Brunswick to the south and James River settlements to the north Site 31BF117 is not considered to be culturally significant and does not have the potential for nomination to the National Register of Historic Places The context of the material culture record has been substantially disturbed by repeated cultivation of the site No further work is recommended 31BF115 will be adversely impacted by the proposed bulkhead construction as currently planned Data recovery research should be undertaken to recover and interpret a representative sample of the prehistoric and historic cultural records at lv stir_ r�1r.. �� t11M � r. ��.r_'rlr~�~ftia�"J�.. , r}. n�' �n�Jt' tif_Y�'e�t }�'��'�''d'�'d'�+'ti�: ��~ fir_ •t_ s~�~ .'?':