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HomeMy WebLinkAbout20051050 Ver 2_CAMA Application_20220920DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Town of Swansboro 2. LOCATION OF PROJECT SITE: The project is located along the Town of Swansboro's waterfront adjacent to the White Oak River between Bicentennial Park and Moore Street, including the NC Hwy 24 Right -of -Way, Onslow County. Latitude: 34°41' 14" N Longitude: 77°07'02" W 3. INVESTIGATION TYPE: CAMA and D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visits — 07/29/2022 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received Complete: August 16, 2022 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Swansboro Land Classification From LUP — Traditional Town Center / Gateway Corridor / CPA (B) AEC(s) Involved: EW, PTA, ES, CW (C) Water Dependent: Yes (D) Intended Use: Public (E) Wastewater Treatment: Existing — Onslow Sewer and Water Authority Planned - N/A (F) Type of Structures: Existing — Public park including but not limited to dock, kayak launch, gazebo, restrooms, walkways, riprap, and bulkhead. Planned - riprap, boardwalk, docking facility (G) Estimated Annual Rate of Erosion: <1'/year Source — Aerial photos 7. HABITAT DESCRIPTION: [AREA] FILLED OTHER (A) (B) Open Water/PTA Shallow Bottom 3,192 sf 336 sf Shaded/Usurped 3,141 sf (C) Coastal Wetlands Shaded 20 sf (D) High Ground Disturbed by project 500 sf (E) Total Area Disturbed: 7,189 sq. ft. (F) Primary Nursery Area: No (G) Water Classification: SC PROJECT SUMMARY: The applicant proposes to construct a seven -slip docking facility for day docks, boardwalk extension, 28 linear feet of riprap, and other amenities at Bicentennial Park and the adjacent NC 24 Right -of -Way in Swansboro, NC. Secondary Nursery Area: No FIELD INVESTIGATION REPORT: SWANSBORO BICENTENNIAL PARK PAGE #2 NARRATIVE DESCRIPTION: Project Setting The proposed project is located at Bicentennial Park in Swansboro, N.C. Bicentennial Park is a municipal owned park located on the east side of the town and has been designated as a Regional Public Water Access by the N.C. Division of Coastal Management. The park is bisected by NC 24 and fronts the White Oak River. NC 24 crosses over the White Oak River from Swansboro to Cedar Point with two separate bridges, one that is approximately 744' long and one that is 885' long. The bridges each connect to a causeway that is located on a small island within the White Oak River. The opening of the White Oak River that abuts Bicentennial Park includes the main navigation channel of the White Oak River. The project includes the shoreline of the NC 24 Right -of -Way, the riparian area of the property immediately to the south of the park, which is owned by Swansboro Bridge Basin, LLC, as well as the riparian area adjacent to the southern terminus of Moore Street, which is owned by the Town of Swansboro. The park currently includes a paved parking area, rest rooms, a fishing/viewing platform, a kayak launch, multiple seating areas, and a boardwalk along the White Oak River. The boardwalk extends from the edge of the parking area in the northeast quadrant of the park, follows along the waterfront in a generally southern direction, runs under the NC 24 White Oak River Bridge, then turns in a northwesterly direction and parallels the south side of the NC 24 Right -of -Way to Front Street. The combined length of shoreline for all the parcels is approximately 520 linear feet. The shoreline of the park, the causeway under the NC 24 bridge, and the adjacent parcel to the south have all been stabilized with a bulkhead. The bulkhead along the park and the property to the south of the park are in fair condition, however, the bulkhead adjacent to the south side of the NC 24 bridge is dilapidated and needs to be replaced. Currently waves wash through the holes in the rotten bulkhead and are eroding the shoreline. Extending from the terminus of the Moore Street Right -of -Way, the Town has constructed a day dock. It is a wooden dock that is approximately 6' wide by 130' long and extends from the end of the asphalt of Moore Street. It includes a gangway leading to a floating dock 6' wide by 55' long, which parallels the main dock and provides room for two boats to dock along the side of it. The applicant is requesting approval for the proposed project through a Major Modification of CAMA Major Permit 4112-05. CAMA Major Permit # 112-05 was originally issued on September 6, 2005 to authorize a dockwalk within the town in nearby Riverview Park, located approximately 1,400 feet to the northwest of Bicentennial Park. Subsequent permit modifications were issued to authorize construction of the kayak launch and replacement of the bulkhead and fishing pier associated with Bicentennial Park. CAMA Major Permit #28-12 was issued for the construction of the town dock extending from Moore Street. Elevations in the project area range from 2' to 8' above the White Oak River. The park is vegetated with sod grasses with a few shrubs and trees generally lining the edge of the NC 24 Right - of -Way. A narrow fringe of Spartina alterniflara exists along the terminus of Moore Street. The project is located within the Swansboro Historic District and is an Urban Waterfront Area. The White Oak River is classified as SC waters by the Environmental Management Commission (EMC) in the area of the proposed construction and is a part of the White Oak River Basin. The N.C. Division of Marine Fisheries (DMF) has classified the White Oak River as Coastal Waters, however, it has not been officially classified as a Primary Nursery Area, nor as Anadromous Fish FIELD INVESTIGATION REPORT: SWANSBORO BICENTENNIAL PARK PAGE #3 Spawning Waters. The portion of the White Oak River within the project area is not open to shellfish harvesting. Offshore of the Swansboro waterfront along the White Oak River, including the project area, there is a designated federal channel that includes a turning basin and side channel area. The navigable portion of the White Oak River is approximately 730' to 750' wide in the project vicinity. Water depths range from 0' to 18' below the normal high water level in the project area. No Submerged Aquatic Vegetation (SAV) was observed within the project area during the site visits. However, the application indicates that sparse vegetation (SAV or algae) and sparsely scattered oysters are located near the shoreline. The federal channel offshore from the project area is heavily utilized by commercial and recreational users. The day dock at the end of Moore Street sees occasional use by small recreational vessels. The waters near the shoreline of the project also see occasional use by individual watercraft such as kayaks and canoes. Project Proposal The Town of Swansboro has been awarded a grant from the North Carolina Public Beach and Coastal Waterfront Grant Program to make improvements at the park for the benefit of the public. The Town proposes to modify CAMA Major Permit ##112-05 to extend the boardwalk from Bicentennial Park to the existing town dock at Moore Street, reconfigure the dock at Moore Street to add additional day dock slips, dredge an area approximately 3,192 sq. ft., and replace the deteriorated bulkhead in the NC 24 Right -of -Way with riprap. To initiate the project, the applicant would demolish the dilapidated bulkhead and approximately 45 linear feet of existing boardwalk immediately south of the NC 24 White Oak River Bridge. The failing bulkhead would be replaced with 28 linear feet of riprap slope protection. The structure would be constructed with Class II riprap at a 2:1 slope and keyed into the river bottom to ensure its stability, as per the encroachment agreement the Town has entered into with the N.C. Department of Transportation. The riprap would be a maximum of 12' waterward of the Normal High Water line. NCDOT would pay the costs for installing the new riprap within the NC 24 Right -of -Way. The demolished portion of the boardwalk would be replaced with a new 5' wide by 45' long section of wooden boardwalk. A new section of boardwalk with guardrail 12' wide by 150' long would then be added along the waterfront between the end of the new 45' section of boardwalk at Bicentennial Park and the existing town dock at Moore Street. Immediately waterward of the new 12' x 150' section of boardwalk, the Town proposes to construct an 8' wide by 100' long floating dock parallel to the boardwalk. A 6' wide by 12' long dock extension would be constructed off the southern end of the boardwalk to allow a gangway to be placed to provide access to the proposed floating dock. The floating dock would provide three slips for open runabout boats up to 25' in length. The Town also proposes to add two fmger piers and 6 tie pilings to the existing dock at Moore Street. The fmger piers would each be 4' wide by 30' long and when combined with the tie pilings would create four 12' x 30' boat slips. The finger piers would be constructed parallel with the shoreline so that they would not extend beyond the length of the existing pier. Two of the tie pilings would be placed approximately 92' out from the shoreline, or approximately 5' beyond the end of the existing pier. Two oldie four slips created are designated to be rented by the Town to the owner of the Swansboro Bridge Basin, LLC riparian area. The cost for construction of the two private slips are not included in the public access grant award. A barge with pile -driving equipment would be used for construction of the docking facility. FIELD INVESTIGATION REPORT: SWANSBORO BICENTENNIAL PARK PAGE #4 The river bottom in the area of the proposed floating dock next to the boardwalk is currently exposed at normal low water. To accommodate the draft of the vessels expected to dock adjacent to the proposed floating dock, the applicant has proposed to dredge a 28' wide by 114' long area of river bottom. The 3,192 sq. ft. of bottom would be deepened from an average depth of -2' to -4' below Normal Low Water and remove up to 236 cubic yards of material. The dredging would be accomplished with a barge mounted excavator using a bucket -to -barge method. The spoils would be offloaded into dump trucks and hauled to an off -site high ground disposal area. The proposed structures would be built within the riparian corridors of the Town -owned southern section of Bicentennial Park, the Mattocks House property owned by Swansboro Bridge Basin LLC, the Town -owned Moore Street, and the NCDOT NC 24 Right -of -Way. The Town has entered into a 25-year lease agreement with Swansboro Bridge Basin LLC and Moorecoastal Investments LLC for the use of their riparian corridors. The Town has also entered into an Encroachment Agreement with the NCDOT for the work within their riparian corridor. The proposed structures would be 60 feet or more from the adjacent riparian corridors, excluding those involved with the project as listed above. Anticipated Impacts The proposed project would result in the excavation of up to 236 cubic yards of material from 3,192 sq. ft. of existing shallow water bottom and deepen the area from an average of -2' NLW to -4' NLW. The proposed riprap would fill 336 sq. ft. of shallow water bottom to stabilize 28 linear feet of previously bulkheaded shoreline with a more natural and resilient method. The removal of the dilapidated bulkhead and shoreline stabilization would also result in 500 sq. ft. of high ground disturbance. The proposed boardwalk and docks would shade and usurp 3,141 sq. ft. of Estuarine Waters and Public Trust Area. They would also shade 20 sq. ft. of Coastal Wetlands. The project is not expected to significantly impact shellfish resources, SAV, or fisheries resources within the White Oak River. De minimis permanent impacts to navigation are expected with the project as all proposed structures are within the existing pier head alignment and outside of the USACE Swansboro Turning Basin/Channel Setback. Temporary impacts to navigation during construction can be expected. Passage within the main navigation channel of the White Oak River is not expected to be impacted. A localized increase in turbidity can be expected during the dredging, boardwalk, and dock construction portions of the project. The project is not expected to result in any adverse impacts to archaeological or historic resources. The pubic is expected to benefit from the proposed boardwalk extension which would allow for better access to the water by the public at this Regional Public Water Access. The boardwalk extension will also add a new component to the White Oak River Walking Trail which is a multi- phase continuous walking trail along the downtown Swansboro waterfront. Additionally, the day docks will allow for improved access to the downtown area for visitors arriving by boat. Submitted by: Stephen Lane —Morehead City District — September 12, 2022 COASTAL PLANNING SERVICES, INC Kathy B. Vinson, AICP Comprehensive Land Use Planning and Development Assistance P.O. Box 827 Morehead City, NC 28557 kbvinson(a ec.rr.corn July 22, 2022 Mr. Stephen Lane NC Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Re: Town of Swansboro Bicentennial Park Boardwalk Extension & Public Day Docks Major Permit 112-05 Modification Dear Stephen: Office 252.354.4916 Mobile 252.240.9297 Fax 252.247.5875 Enclosed are the CAMA permit application and project plans prepared on behalf of the Town of Swansboro for the major modification to permit 112-05. The purpose of the permit modification request is to authorize construction of the Bicentennial Park Boardwalk Extension and Public Day Docks project. Coastal Planning Services, Inc. check # 1420 in the amount of $400.00 for the permit application fee is also enclosed. The adjacent riparian property owners have been notified of the project plans by certified mail. Green card return receipts will be submitted to you as soon as the Post Office returns them. I will also provide you with a copy of the encroachment agreement between the Town and the North Carolina Department of Transportation when it is completed. Thank you for your assistance with this project. Please call me at 252-240-9297 if you have questions or need additional information. I look forward to working with you on this project. Sincerely, Kathy B. Vinson, AICP Enclosures ECEIVED JUL 2 2 Z022 . DCM-MHD CITY Town of Swansboro Major CAMA Permit 112-05 Major Modification Bicentennial Park Boardwalk Extension Public Day Docks July 20, 2022 Kathy B. Vinson, AICP Coastal Planning Services, Inc. P.O. Box 827 Morehead City, North Carolina 28557 Telephone 252-240-9297 kbvinson@ec.rr.com coastalplanningservices@gmail.com RECEIVED JUL 2 2 Z022 DCM-MHE) CITY Table of Contents Major CAMA Permit 112-05 Town of Swansboro Major Modification Application Bicentennial Park Boardwalk Extension & Public Day Docks July 20, 2022 Contents Application Documents DCM MP —1 Application DCM MP — 2 Excavation and Fill DCM MP —4 Structures Project Narrative Introduction Site Description Project Description Construction Methods 401 Pre -filing Meeting Request Lease and Boat Slip Rental Agreement Location Map Project Plans Sheet 1 of 3 Existing Conditions Sheet 2 of 3 Proposed Conditions Sheet 3 of 3 Sections/Details Authorized Agent Letter Property Deeds Notices to Adjacent Riparian Property Owners Jessmarc Properties, LLC Moorecoastal Investments, LLC H.J. and Catherine Webb RECEIVED JUL2 2 2022 DCM-MHD cm( NM MP-1 APPLICATION for Malor flevelopment Permlt (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Town Of Swansboro Project Name (if applicable) Bicentennial Park Boardwalk Extension wl Public Day Docks Applicant 1: First Name Paula MI W. Last Name Webb Applicant 2: First Name John MI Last Name Davis If additional applicants, please attach an additional page(s) with names listed. Mailing Address 601 W. Corbett Ave. PO Box N/A City Swansboro State NC ZIP 28584 Country USA Phone No. 910 — 326 - 4428 ext. N/A FAX No. 910 - 326 - 3101 Street Address (if different from above) N/A City N/A State N/A ZIP N/A - Email pwebb@ci.swansboro.nc.us 2. Agent/Contractor Information Business Name Coastal Planning Services, Inc. Agent/ Contractor 1: First Name Kathy MI B. Last Name Vinson Agent/ Contractor 2: First Name N/A MI N/A Last Name N/A Mailing Address PO Box 827 City Morehead City State NC ZIP 28557 Phone No. 1 252 - 240 - 9297 ext. N/A Phone No. 2 252 - 354 - 4916 ext. NIA FAX No. 252 247 5875 Contractor # N/A Street Address (if different from above) N/A City NIA State NIA ZIP NIA - Email kbvinson@ec.rr.com <Form continues on back> RECEIVED I] 11 2 2022 252-808-2808 .a i-888-4RCOAST .e www.nccoastaIrnanagernent.net DClf�-M HD CITY Form DCM MP-1 (Page 2 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Onslow Street Address Moore Street (Town of Swansboro public street); 107 Front St. (Swansboro Bridge Basin, LLC); Front Street (Town of Swansboro, southern section of Bicentennial Park) , NC Highway 24 White Oak River Bridge Right -of -Way (NC Dept. of Transportation) State Rd. # NC Highway 24m Subdivision Name N/A City Swansboro State NC Zip 28584 - Phone No. NIA - - ext. Lot No.(s) (if many, attach additional page with list) N/A, , , , a. In which NC river basin is the project located? White Oak b. Name of body of water nearest to proposed project White Oak 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, White Oak River ®Natural ❑Manmade IN Unknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Town of Swansboro @ Yes ❑No 4. Site Description a. Total length of shoreline on the tract (ft.) 170 b. Size of entire tract (sq.ft.) Swansboro Bridge Basin, LLC = 17,464; southern section of Bicentennial Park = 8,276; Moore Street end = 5,988 c. Size of individual lot(s) N/A, (If many lot sizes, please attach additional page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) +3.0 ®NHW or I]NWL e. Vegetation on tract Grass and landscape vegetation, coastal wetlands (Moore Street right-of-way and southwestern corner of Swansboro Bridge Basin, LLC) f. Man-made features and uses now on tract Public street and Town of Swansboro public dock (Town Dock) located within the Moore Street right -of way; two wood frame buildings, storage shed, gravel parking area, unenclosed roofed gazebo with ramp,concrete bulkhead, and sidewalk on 105/107 Front Street (Swansboro Bridge Basin, LLC); brick walkway, benches, picnic tables, and wood and vinyl sheetpile bulkhead on the southern section of Bicentennial Park; NCDOT Hwy. 24 White Oak River Bridge, concrete and riprap shoreline stabilization beneath the bridge, wood and concrete walkway, and deteriorated wood bulkhead in the NCDOT Right -of -Way. _ g. Identify and describe the existing land uses adiacent to the proposed project site. �r EC T 'JUL 2 Mixed uses (residential, commercial) h. How does local government zone the tract? B-2HDO i. Is the proposed project consistent with the applicable z iriM-M 1 (Attach zoning compliance certificate, if applicable) 0Yes ■No •NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ®Yes • No k, Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ©Yes ®No ENA If yes, by whom? N/A ED ? V? •4.rY 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalrnanagennent.tiea Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit 1. Is the proposed project located in a National Registered Historic District or does it involve a ®Yes ❑No DNA National Register listed or eligible property? <Form continues on next pages m. (i) Are there wetlands on the site? I. Yes • No (ii) Are there coastal wetlands on the site? ► . Yes ■ No (iii) If yes to either (I) or (ii) above, has a delineation been conducted? ■ Yes ►i No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Sewer provided by Onslow Water and Sewer Authority (ONWASA) o. Describe existing drinking water supply source. Drinking water provided by ONWASA p. Describe existing storm water management or treatment systems. Sheet flow and discharge from existing concrete pipe. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial 0 Public/Government ❑PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Walkway extension will provide additional opportunities for public waterfront access and will add a new component to the White Oak River walking trail, a long-time goal of the Town of Swansboro for a multi -phase continuous walking trail along the downtown waterfront. The docking facility will provide public clay docks for use by visitors to the Swansboro downtown area arriving by small boats. 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. One barge with pile -driving equipment stored in deep water will be used for construction of the docking facility. All construction activities will occur during periods of water depths sufficient to avoid barge from resting on or disturbing bottom. Construction of the boardwalk extension will employ conventional methods, using a barge with pile driving equipment. Dredging will use a bucket to barge method with spoils offloaded to a dump truck to be stored on highground.Granite riprap will be placed onsite incrementally by machine to prevent loss of control d. List all development activities you propose. 12' x 150' boardwalk with guardrail, 8' x 100' floating dock with 4' x 30' gangway and 6' x 12' dock extension (gangway landing), two 4' x 30' floating finger piers, six tie pilings, removal and replacement of deteriorated wood bulkhead with granite riprap, removal and replacement of a 5' x 45' wood walkway e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 500 ®Sq.Ft or •Acres g. Will the proposed project encroach on any public easement, public accessway or other area » Yes ❑No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Sheet flow runoff and existing concrete pipe discharge into the White Oak River. YQ^q_q y pp rE��_d'L�I�S rY I. Will wastewater or stormwater be discharged into a wetland? 4tiL. 4 At L L g ['Yes ®No ■NA If yes, will this discharged water be of the same salinity as the receiving water? EYes ❑No 0 NA Dcm.,ivi HD ci Tr 252-808-2808 :: 1-888-4RCOAST :: www.nccoastal'maraagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit i. Will wastewater or stormwater be discharged into a wetland? DYes No DNA If yes, will this discharged water be of the same salinity as the receiving water? DYes DNo ®NA j. Is there any mitigation proposed? If yes, attach a mitigation proposal. DYes ❑No ®NA <Form continues on back> 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) — (1) 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 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. Name Moorecoastal Investments, LLC, Randal W. Swanson, Registered Agent Phone No. 910-467-1781 Address P.O. Box 865, Swansboro, NC 28584 Name Jessmarc Properties, LLC, Nicole K. Howell, Registered Agent Phone No. Address P.O. Box 4399, Emerald Isle, NC 28594-4399 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. Major CAMA 28-12 issued to Town of Swansboro and Randal Minor CAMA 06-19 issued to Swansboro Bridge Basin, LLC, Swanson, 4/4/2012 3/13/2019 Major CAMA 112-05 issued to Town of Swansboro, 9/6/2005; minor modifications issued on 2/27/2014, 3/30/2016, and 8/10/2017; renewals issued on 3/3/2015, 2/3/2017, 2/1/2019, and 2/18/2021 h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. 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 l 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. RECEIVED 252-808-2808 :: 9-€388-4RCOAS"ii :e www.nccaastalmanageneent.net "L, 22 zon D C M40 H, D `n Ty Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Date 7 liROIA0D— Print Name _Kathy B. Vinson, agent Signature ( Z✓ 4t4_r,s i Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ®DCM MP-4 Structures Information RECEIVED 'JUL 2 2 20Z2 252 808-28O8 1-8$8-4RCOAST o: www.nccaastalrmaeaagerent,,net Form DCM MP-2 EXCAVATION and FILL (Except for 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. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) Length n/a n/a nla n/a nla n/a 114' average Width n/a n/a n/a n/a n/a nla 28' average Avg. Existing Depth n/a n/a n/a n/a NA NA - 2' NLW Final Project Depth n/a n/a n/a n/a NA NA -4' NLW 1. EXCAVATION El This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. 150 cy c. (i) Does the area to be excavated include 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 sparse scatter possible SB sparse scatter OWL ❑None (ii) Describe the purpose of the excavation in these areas: To provide adequate water depths to allow public day dockage in the downtown historic waterfront area of Swansboro,and prevent floating dock and boats from sitting on the existing bottom at NLW. See narrative.. b. Type of material to be excavated. Mud and sand d. High -ground excavation in cubic yards. None RECENED JUL. 2 2 2022 DCM-,MHD CAW 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. Spoils will be placed offsite in a pre -approved disposal location to be determined by project contractor after project permitting. c. (i) Do you claim title to disposal area? ❑Yes No DNA (ii) If no, attach a letter granting permission from the owner. e. (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 EISB OWL ®None b. Dimensions of disposal area. Cone 5' tall with radius of 27.81' d. (i) Will a disposal area be available for future maintenance? ❑ Yes ®No DNA (ii) If yes, where? n/a f. (i) Does the disposal include any area in the water? ❑ Yes No DNA (ii) If yes, how much water area is affected? nla 252-808-2888 a: 1-888-4RCOAST :: www.nccoastatmanacgemert.riet revised: 12/26/06 Fo CiVI Fti1P-2 (Excavation and Fill, Page 2 of 3) (ii) Describe the purpose of disposal in these areas: n/a 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) This section not applicable a. Type of shoreline stabilization: ❑Bulkhead ®Riprap ❑BreakwaterlSill ❑Other: c. Average distance waterward of NHW or NWL: 12' e. Type of stabilization material: NCDOT Class II Granite Riprap g- Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 300 Breakwater/Sill Other i. Source of fill material. Washed granite rock will be brought onsite by contractor b. d. f. Length: 28' Width: 16' Maximum distance waterward of NHW or NWL: 12' (i) Has there been shoreline erosion during preceding 12 months? ['Yes No DNA (ii) If yes, state amount of erosion and source of erosion amount information. nla h. Type of fill material. Granite riprap JUL 2 2 .. "2 10CM-1ivi Xy�'ryR,•�rry.% 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) ®This section not applicable a. (i) Will fill material be brought to the site? ❑Yes ❑No If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose drill ❑ NA b. (i) Will fill material be placed in 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 ❑WL [None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Excavated material will be trucked offisite. The location of the spoil disposal site is not known at this time. The disposal site will be determined by the dredging contractor at a future date and submitted to the Div. of Coastal Management for approval prior to dredging. Riprap will be placed onsite incrementally by machine so as prevent Toss of control. c. (i) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. n/a b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? For dredging, bucket to barge method utilizing backhoe, barge, and dump truck will be employed. A trackhoe will place riprap from a barge. d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. n/a 252m$O8-2308 1-886-4RCOAST as www .ricccastairnanagement.net revised: 12/26/06 FOrfil OCR 5kfi!-2 (Excavation and Bill, Page 3 of 3) Date Bicentennial Park Boardwalk Extension & Public. Day Docks Project Name Town of Swansboro Applicant Name 9CJ, 1. i 4'L4- / et 0 i rt-t- Applicant Sig 4ture RECE dED JUL9 2OZZ DCM4AHD c:IITY 252-808-2OO8 :: 1-888-4 COAST :: www.nccoestaimanagernent.net revised: 12/26106 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas} 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. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) is the docking facility/marina: b. (i) Will the facility be open to the general public? ['Commercial ®PubliclGovernment ❑Private/Community CI Yes ❑No c. (i) Dock(s) andlor pier(s) d. (I) Are Finger Piers included? ®Yes ❑No (ii) Number t proposed If yes: (iii) Length 100' (11) Number 2 (iv) Width 8' (iii) Length 30' (v) Floating ®Yes ❑No (iv) Width 4' (v) Floating ®Yes ❑No e. (i) Are Platforms included? ®Yes ENo f. (i) Are Boatlifts included? ❑Yes No If yes: If yes: (ii) Number 1 (ii) Number N/A (iii) Length 12' (iii) Length N/A (iv) Width 6' (iv) Width N/A (v) Floating ['Yes No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 7 (ii) Number of slips existing 2 (both to be removed to build this project) i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ['Open water; no dredging required ❑Other; please describe: k. Typical boat length: 25' or less m. (I) Will the facility have tie pilings? ®Yes ❑No (ii) If yes number of tie pilings? 6 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage ("wet slips") only, number of slips: 7 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). open runabout I. (i) Will the facility be open to the general public? ®Yes ❑No RECEIVED ',JUL 22 20Z? DCM-MHO CITY 252-808-2808 :: 1-888-4I1COAST d: wwwj ccoastalmanagEementiiet revised: /2/27106 trrri 1OC P-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ID This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. El Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. none c. Describe the disposal of solid waste, fish offal and trash. trash receptacles located on highground d. How will overboard discharge of sewage from boats be controlled? none allowed e. (i) Give the location and number of "No Sewage Discharge" signs proposed. one on dock (ii) Give the location and number of "Pumpout Available" signs proposed. n/a f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. n/a g. Where will residue from vessel maintenance be disposed of? n/a h. Give the number of channel markers and No Wake" signs proposed. none i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. n/a j. What will be the marina policy on overnight and live -aboard dockage? Not allowed k. Describe design measures that promote boat basin flushing? n/a I. if this project is an expansion of an existing marina, what types of services are currently provided? not an existing marina R CE VF J m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No JUL 2 2 2022 DCM-MHD crrF;` 252-808a2808 os 1- 88-4RCOAST :: www.nccoastaimanagereent.riet revised: '12/27/06 Form DCIVi iFP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes No o. Is the marina/docking facility proposed within or adjacent to 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 20 sf shaded ESAV potential for sparse scatter ®SB sparse scatter DWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. n/a 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (li) Number (ill) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetplle, etc. if a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (i) Number (ii) Length (Hi) Width 5. BREAKWATER (e.g., wood, sheetplle, etc.) ®This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) JUL 2 2022 OCM$ViHD CITY 252-808-2808 :: 1-886-4RCOAST a: www.raccoastalnianagernent.net revised: 12/27/06 Form DCi F 1 .4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 17' to the east, 2' to the west 47' to the east, 80' to the west Note: For buoy or mooring piing, use arc of swing including length of vessel. c. Width of water body 730' e. (i) Will navigational aids be required as a result of the project? EYes No DNA (ii) If yes, explain what type and how they will be implemented. n/a d. Water depth at waterward end of structure at NLW or NWL +1- 12' NLW 8. OTHER ® This section not applicable a. Give complete description: A gangway measuring 4' by 30' will connect the proposed floating dock to the proposed fixed platform labeled as dock extension (gangway landing) on project plans. A proposed fixed 12' x 150' boardwalk with guardrails will extend along the shorelines of the southern section of Bicentenial Park and Swansboro Bridge Basin, LLC, terminating at Moore Street and connecting to the existing Town Dock. A wooden walkway measuring 5' x 45' will be constructed in the NC DOT and Bicentennial Park riparian corridors to connect the walkway beneath the bridge to the proposed boardwalk. 1.7 Date Bicentennial Park Boardwalk Extension with Public Day Docks Project Name Town of Swansboro Applicant Name Applicant Sig Wre Sig ture g er71— RECEIVED JUL 9 2 202.n DCM-MH : E'T 252-606-2808 .. 1-888-4RcOAST :a wvinv.nccoastalbnanageisierit.net revised: 12/27/06 Town of Swansboro Bicentennial Park Boardwalk Extension & Public Day Docks Swansboro, North Carolina Onslow County Introduction The Town of Swansboro is requesting a major modification to CAMA permit #112-05 to extend the existing Bicentennial Park public boardwalk, replace a deteriorated bulkhead with riprap, and construct public day docking to serve visitors traveling by boat to historic downtown Swansboro. The project will be built in the riparian corridors of the Town -owned southern section of Bicentennial Park, the Mattocks House property owned by Swansboro Bridge Basin LLC, and Town -owned Moore Street. Work will also occur in the riparian corridor of the North Carolina Department of Transportation (NCDOT) right-of-way associated with the NC Highway 24 White Oak River Bridge under an encroachment agreement between the Town and NCDOT. The Town of Swansboro has entered into a 25-year lease agreement with Swansboro Bridge Basin LLC and Moorecoastal Investments LLC for use of their riparian corridors. Randal Swanson is the Registered Agent and a manager of both LLCs. A rental agreement for two of the proposed boat slips for use by patrons of Mr. Swanson's businesses has also been executed. Copies of the lease and rental agreement are included with this proposal. Please note that no work associated with this project will occur in the riparian corridor of Moorecoastal Investments, LLC. Major CAMA permit #112-05 was issued in 2005 for construction of the first phase of the Bicentennial Park shoreline boardwalk, located on the park site located north of NC Highway 24. The permit has been kept active over the years. It has been modified several times to authorize construction of improvements to the northern section of Bicentennial Park, including additional phases of the boardwalk, bulkhead improvements, installation of a kayak launch, and construction of a new fishing pier. The Town of Swansboro received a grant from the North Carolina Public Beach and Coastal Waterfront Grant Program for financial assistance for construction of the boardwalk Bicentennial Park Boardwalk Extension & Public Day Docks Town of Swansboro Major CAMA Permit #112-05 Modification July 20, 2022 RECE \/E JUL 2i)22. Page 1 extension and public day docks. Regulatory staff of the Division of Coastal Management was consulted during the grant application process and advised that the most appropriate permitting action would be a modification of the existing major CAMA permit. The Town is anxious to move forward with obtaining CAMA approval for the current phase to complete the work within the effective dates of the grant. Site Description Bicentennial Park is in downtown Swansboro adjacent the White Oak River Bridge on Highway 24 (Corbett Avenue). The park encompasses areas on both sides of the bridge, with a pedestrian walkway beneath the highway connecting the two sections. The Town of Swansboro built Bicentennial Park in 1983 to commemorate the 200th birthday of the Town. The section of Bicentennial Park located to the north of the White Oak River Bridge features an existing boardwalk along the shoreline, brick and concrete walkways, a public pedestrian/fishing pier, kayak launch, and restrooms. A picnic area and benches are also available. It is connected by sidewalks to the Swansboro causeway and is easily accessible from the historic downtown central business district and the southern section of the park by means of the existing walkway located beneath the bridge. No component of the current project is proposed for construction on the northern section of Bicentennial Park. An existing wooden bulkhead is in the NCDOT right-of-way from the bridge to the Town's property at the southern section of Bicentennial Park. Beneath the bridge, the shoreline stabilization structure consists of concrete and riprap. Also located in the southern right-of-way is a 45' section of wood walkway that connects to the concrete walkway beneath the bridge and to Bicentennial Park. The existing wooden bulkhead is deteriorated and needs replacement. An onsite meeting between NCDOT engineers and the Town's project engineer resulted in the determination and agreement that the bulkhead should be replaced with granite riprap. It was also agreed that construction of the new walkway section in the NCDOT and Bicentennial Park riparian corridors and the bulkhead replacement should occur simultaneously. It was agreed that the Town of Swansboro and NCDOT would enter into an encroachment agreement to allow for the simultaneous permitting and construction of the structures. It was also agreed that NCDOT would pay the costs for installing the new riprap within the NCDOT right-of-way. Bicentennial Park Boardwalk Extension & Public Day Docks Town of Swansboro Major CAMA Permit #112-05 Modification July 20, 2022 RECEIVE JUL %2 20?? 1DCM4MHD CITY Page 2 The southern section of Bicentennial Park consists of 8,276 square feet of grassed park with a brick walkway connecting Front Street with the pedestrian walkway beneath the bridge. Benches and picnic tables are also located on this section of the park. The privately -owned Mattocks House property (Swansboro Bridge Basin LLC) at 105/107 Front Street measures 17,464 square feet. The Mattocks House is a three-story wood frame board and batten building that has recently been used for commercial purposes. A smaller two-story wood frame building known as Dorothy Sanders Cafe is also located on the Mattocks House property. A storage shed, gravel parking area, and an unenclosed roofed gazebo are also located on the site. The gazebo is connected to Moore Street by a 5' wide concrete sidewalk and is accessed by an elevated slatted wooden ramp and platform. Moore Street is a public (Town of Swansboro) 30' right-of-way, ending at the White Oak River. A public dock known as the Town Dock is located within the street end. The Town Dock was authorized by major CAMA permit 28-12, issued jointly in 2012 to the Town of Swansboro and Randal Swanson. Improvements to Moorecoastal Investments, LLC property (destroyed by Hurricane Florence) were also authorized by CAMA permit 28-12. No part of the current project is within the riparian corridor of Moorecoastal Investments, LLC. The shorelines for the southern section of Bicentennial Park and the Mattocks House property measure a total of 140'. The Moore Street waterfront right-of-way adds an additional 30', for a final total project shoreline of 170'. An existing concrete bulkhead is located along the shoreline of the Swansboro Bridge Basin, LLC property. A bulkhead constructed of wood and vinyl sheetpile borders the shoreline of the southern section of Bicentennial Park. A small area of coastal wetlands (+/- 20 square feet) is located in the Moore Street right -of way adjacent the end of the bulkhead. Other vegetation at the project site consists of grass and landscape vegetation. The project site is located within the Swansboro Historic District, as listed on the U,S. National Register of Historic Places. The Mattocks House and Dorothy Sanders Cafe are also listed on the U.S. National Register of Historic Places. Both structures are designated as contributing buildings to the historic district. A certificate of appropriateness from the Town of Swansboro Historic Preservation Commission (HPC) will be required to build the project. The HPC requires that issuance of the CAMA permit has occurred prior to awarding the project a Certificate of Appropriateness. Bicentennial Park Boardwalk Extension & Public Day Docks Town of Swansboro Major CAMA Permit #112-05 Modification July 20, 2022 ..RECEMED Page 3 JUL 22 ?BZZ tCRAI-MHLD C TY The Town of Swansboro zones the project site as B-2HDO (Historic District Overlay). The project site is also within an Urban Waterfront Area, as designated by the Town of Swansboro beginning in 2009. The project area is served by central water and sewer service provided by Onslow Water and Sewer Authority (ONWASA). Existing land uses adjacent the project site are a mixture of residential and commercial uses. Adjacent riparian property owners to the project site are Jessmarc Properties, LLC and Moorecoastal Investments, LLC. While not adjacent riparian property owners, H.T. and Catherine Webb (119 Front Street) were also provided notice of the permit application. The North Carolina Environmental Management Commission classifies waters of the White Oak River at the site as SC. The North Carolina Division of Marine Fisheries prohibits the harvesting of shellfish. A federally maintained channel (Swansboro Turning Basin) is located offshore of the current project site. The White Oak River is approximately 730' wide at this location. The Town of Swansboro Official Pier Head Line, approved by the US Army Corps of Engineers, extends to the federal setback to the federal channel. Normal Low Water (NLW) depths at the site range from -2' near the shoreline to +/- 12' at the waterward end of the existing Town Dock located at Moore Street. Sparsely scattered oysters and sparse vegetation (potentially submerged aquatic vegetation or algae) are also visible near the shoreline. Project Description As previously noted, the Town of Swansboro Bicentennial Park is located on both the north and south sides of the NC Highway 24 White Oak River Bridge. The sections of the park are connected by a walkway underneath the bridge. A waterfront pedestrian boardwalk is located along the shoreline of the northern section of the park, ending at the edge of the NCDOT right- of-way on the north side of the bridge. The Town proposes to extend the boardwalk to provide pedestrian water access along the downtown waterfront immediately south of the bridge. A public day dockage facility to serve visitors to the downtown area arriving by boat is also proposed. The boardwalk extension will provide additional opportunities for public water access and will add a new component to the Bicentennial Park Boardwalk Extension & Public Day Docks Town of Swansboro Major CAMA Permit #112-05 Modification July 20, 2022 RECEIVED JUL 22, ?ill? Page 4 CIR—MHOd`rY White Oak River walking trail. The walking trail is a long-time goal of the Town of Swansboro consisting of a multi -phase continuous walking trail along the downtown waterfront to improve public water access in the area. The proposed boardwalk extension with guardrails will measure 12' x 150' as shown on project plans. The new section of boardwalk will terminate at Moore Street and connect to the existing Town Dock. Approximately 20 square feet of coastal wetlands, located in the Moore Street right-of-way adjacent the end of the bulkhead will be shaded by the boardwalk. The existing wooden walk within the NCDOT and Bicentennial Park riparian corridors will be demolished. A new replacement wood walkway measuring 5' minimum clear width by 45 linear feet will connect the new boardwalk with the concrete walkway beneath the bridge at the point it comes onto the southern park property. A floating dock measuring 8' by 100' is proposed parallel to the boardwalk extension. A gangway measuring 4' x 30' will connect the floating dock to a 6' x 12' fixed platform labeled as a dock extension (gangway landing) on project plans. The gangway landing will connect to the existing Town Dock and the proposed boardwalk extension at the western end of the floating dock. The 8' width of the floating dock will improve safety on the public dock as well as improve public access to the White Oak River. The downtown Swansboro waterfront is currently very popular with visitors and residents of the area. The addition of the boardwalk and public day docking is anticipated to increase the number of visitors in this location, especially those arriving by small boat. The wider width of the dock will facilitate safety of boating visitors while boarding and coming ashore, as well as more safely accommodate the anticipated increase in numbers of pedestrian visitors. Slips 1 through 4 will be created by construction of two 4' by 30' floating finger piers that will connect to the Town Dock. Six tie pilings as shown on project plans are also included. Slips 5 through 7 will allow for the mooring of boats along the proposed floating dock. Per the lease and rental agreements with the private property owner, slips 1 and 2 are to be rented by the private owner from the Town. The cost of constructing slips 1 and 2 was not included in the public access grant application or award. Bicentennial Park Boardwalk Extension & Public Day Docks Town of Swansboro Major CAMA Permit #112-05 Modification July 20, 2022 ;, .E = rvEry Page 5 JUL 22„ AV? reM1CcMHD c1T'( A small amount of dredging (approximately 150 cubic yards) is needed near the shoreline to maximize dockage within the limited area and allow construction of slips 4 through 7. In developing the site plan these slips were shifted slightly to the southwest to take advantage of deeper low water depths and minimize the amount of dredging needed to avoid boats moored in these slips from sitting on the existing bottom at NLW. The area to be dredged measures 3,000 square feet, with an average length of 114' and average width of 28' The area to be dredged is shown on Sheet 1 Existing Conditions of the project plans. The proposed dredging section is also shown on Sheet 3 Water Features & Water Depths. The average existing NLW water depths in the dredging area averages -2' NLW. The final project depth in the dredging area will be -4' NLW. Without dredging, the number of public day dock slips would have to be reduced. The area to be excavated contains sparsely scattered oysters. Sparsely scattered vegetation, thought to be algae or submerged aquatic vegetation, can be observed in the dredging area. The location of the spoil disposal site is not known at this time. The disposal site will be determined by the dredging contractor at a future date and submitted to the Division of Coastal Management for approval prior to beginning dredging. The spoil disposal pile dimensions will . be equivalent to a mound 100 ft square and 2.02 feet tall with 3H:1V side slopes. The deteriorating wood bulkhead within the NCDOT right-of-way will be removed and replaced with granite riprap. A stone detail was provided by NCDOT and incorporated into project plans. An encroachment agreement between the Town and NCDOT is required for this work. Construction Methods One barge with pile -driving equipment stored in deep water will be used for construction of the docking facility. All construction activities will occur during periods of water depth sufficient to avoid the barge from resting on or disturbing the bottom. Construction of the boardwalk extension over high ground will employ conventional methods. Construction of the portion of the boardwalk over water will be constructed by use of a barge with pile -driving capability. Bicentennial Park Boardwalk Extension & Public Day Docks Town of Swansboro Major CAMA Permit #112-05 Modification July 20,2022 RECE NED Page6 JUL 2 ?0?? VICM-IVIHD C[T ( Excavation will employ a barge mounted excavator using a bucket to barge method, utilizing a backhoe, barge, and dump truck. Dredged material will be offloaded into dump trucks and trucked offsite. The dump truck will be stored on high ground. No wetlands will be crossed in transporting equipment to the project site. Granite riprap will be placed onsite incrementally by machine to prevent Toss of control. 401 Pre -Filing Meeting Request A 401 pre -filing meeting request for this project was submitted on June 2, 2022 to fulfill the pre -filing meeting requirement put in place on Thursday, April 7, 2022 when the Environmental Protection Agency's `Clean Water Act Section 401 Certification Rule' (`Federal Rule') was reinstated to its previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a) 'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Copies of emails with John Perry of the Division of Water Resources documenting submission and receipt of the pre -filing request are found on the following pages.at the end of this narrative. Bicentennial Park Boardwalk Extension & Public Day Docks Town of Swansboro Major CAMA Permit #112-05 Modification July 20, 2022 RECE J. Page 7 MAJOR PERMIT FEE MATRIX Applicant: Tawfr c1 Suia145 b0rv-...—..Major cd +o 11 a -OS 4 goo 17L iLtRo Selection Development Type 1. Private, non-commercial development. that does not involve the filling or excavation of any wetlands or oven water areas: II. Public or commercial development that does not involve the filling or excavation of any wetlands or oven water areas: Major Modification to a CAMA Major •ermit 111. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a v =lies: III(A). Private, non- commercial development, if General Water Quality Certification No. 4097 (See attached can be a ■ died l#1(B). Public or commercial development, if General Water Quality Certification No. 4097 (See attached) can be a. died: II1(C). If General Water Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a• uatic life: 111(D), If General Water Quality Certification No. 4097 (see attached) cannot be a••lied: Fee $250 $400 IV. For development that involves the filling and/or excavation of more than one acre of wetlands and/or o.en water areas: DCM % (14300 1601 4351000931625 6253) 100% ($250) $475 100% ($40.0) 100% ($250) 100% ($250) 100% ($400) 60% ($240) DWQ % (24300 1602 435100095 2341) 0% ($0) 60% ($240) 0% ($0) 40% ($160) 60% ($285) 40% ($160) 40% ($190) Kathy Vinson From: Perry, John M <John.Perry@ncdenr.gov> Sent: Thursday, June 9, 2022 11:10 AM To: Kathy Vinson Subject: RE: [External] Town of Swansboro Bicentennial Park Boardwalk Extension and Public Day Docks Project Hello Kathy, This notification fulfills the pre -filing requirement. The DWR can accept the application 30 days from June 2, 2022. Thank you, John Perry Environmental Specialist 11 Division of Water Resources Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, NC 28405 Office: (910) 796-7341 Cell: (910) 617-9577 From: Kathy Vinson <kbvinson@ec.rr.com> Sent: Thursday, June 2, 2022 4:22 PM To: 401PreFile <401PreFile@ncdenr.gov> Cc: Perry, John M <John.Perry@ncdenr.gov> Subject: [External] Town of Swansboro Bicentennial Park Boardwalk Extension and Public Day Docks Project CAUTION: External email. D0. not click links or open attachments unless you verify, Send all suspicious email as an attachment to Report Spam. Project Name: Town of Swansboro Bicentennial Park Boardwalk Extension and Public Day Docks Project County: Onslow Applicant Name: Town of Swansboro Applicant Email: pwebb@ci.swansboro.nc.us Consultant: Kathy B. Vinson, AICP, Coastal Planning Services, Inc., kbvinson@ec.rr.com RECEIVED D JUL_ 22 ?On A Pre -Filing Meeting Request for this project was submitted on June 29, 2021. Completion of project plans and submission of a major CAMA permit application were subsequently delayed pending execution of a lease agreement with the private property owner whose riparian corridors will be utilized for a portion of the project. A long-term lease and rental agreement have now been executed by the Town of Swansboro and Randy Swanson, Managing Partner of Moorecoastal Investments, LLC and Swansboro Bridge Basin, LLC. The only changes to the project since 2021 are the addition of two tie pilings to create an additional boat slip, for a total of seven slips, and minimal dredging (+/- 50 cubic yards) in the area of slips 5, 6, and 7 as shown on the attached plan view. This email is to fulfill the pre -filing meeting request requirement put in place on Thursday April 7, 2022 when the Environmental Protection Agency's `Clean Water Act Section 401 Certification Rule' (`Federal Rule') was reinstated to its t previous version which originally became effective on September 11, 2022. In accordance with 40 C.F.R. Section 121.4(a) 'At least 30 days prior to submitting a certification request, the project proponent shall request a pre -filing meeting with the certifying agency'. In accordance with 40 C.F. R section 121.5(b)(7), and (c)(5) all certification requests shall include documentation that a pre -filing meeting request was submitted to the certifying authority at least 30 days prior to submitting the certification request. 2 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 19, 2022 MEMORANDUM: FROM: NORTH CAROLINA Environmental Quality Cathy Brittingham, Transportation Project Coordinator N.C. Division of Coastal Management (919) 707-9149 phone cathy.brittingham@ ncdenr.gov SUBJECT: CAMA Major Permit Application Review Applicant: Town of Swansboro Project Location: Swansboro waterfront, Onslow County Proposed Project: Docking facility, boardwalk extension, riprap, other amenities Please indicate below your agency's position or viewpoint on the proposed project and return this form to Cathy Brittingham at the address above by October 14, 2022. If you have any questions regarding the proposed project, contact Stephen Lane at 252-515-5408 when appropriate, in- depth comments with supporting data are requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE This agency has no objection to the project as proposed. **Additional comments may be attached** 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. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.808.2808 NORTH CAROLINA _ newMwm ofFnwmmmemsI duaury Paget of 4 1111111111111111111111111111111111111 Doc ID: 007993210004 Type: CRP Recorded: 03/26/2010 at 01:43:23 Pit Fee Amt: $28.00 Page 1 of 4 Revenue Tax: $0.00 Onslow County NC Rebecca L. Pollard Reg. of Deeds 5K3377 PG877-880 ared by: E. Burke Haywood, Special Deputy Attorney General, North Carolina Department of Transportation, Attorney General's Office, 1505 Mail Service Center, Raleigh, N.C. 27699-1505 Return to: NCDOT, Attn: Denise Amato, 1 South Wilmington St., Raleigh, N.C. 27601-1453 NORTH CAROLINA ONSLOW COUNTY. THIS QUITCLAIIVM DEED made this the 11 t h QUITCLAIM DEED dayof March ,2010, by and between the DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, (hereinafter "DEPARTMENT") and TOWN OF SWANSBORO, a municipal corporation, 502 Church Street, Swansboro, NC, 28584 (hereinafter "GRANTEE"); WITNESSETH: WHEREAS, GRANTEE has requested that the DEPARTMENT convey to it a 0.22-acre area which the DEPARTMENT deems surplus; and WHEREAS by that resolution adopted March 4, 2010, the Board of Transportation approved the conveyance of the property more particularly described below and authorized the DEPARTMENT to execute and deliver this instrument to the GRANTEE; JUL 2 2 ?fL?2 ' Cif-MHDCir Book: 3377 Page: 877 Page 1 of 4 Book: 3377 Page, 1977-Current: 877 Seq: 1 Page 2 of 4 Page 2 of 4 NOW, THEREFORE, the DEPARTMENT for and in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, does hereby grant unto GRANTEE, its successors and assigns, all of its right, title, claim or interest in and to that parcel of land lying and being in Onslow County, North Carolina, and being described as follows: Lying and being in the Town of Swansboro, Onslow County, NC: To locate the point of beginning, commence at an iron pipe located at the intersection of the eastern margin of Moore Street and the southern margin of Front Street; thence running along the southern margin of Front Street 89.48 feet in a northeasterly direction, to the point of beginning, said point of beginning being a comtnon corner between the Department of Transportation (formerly North Carolina Highway and Public Works Commission) and Scott W. Hadley, now or formerly; thence continuing along the southern margin of Front Street to the intersection with the southwestern existing right of way boundary of NC 24; thence southeasterly, along the southwestern existing right of way boundary of NC 24 to a point in the high water mark of the White Oak River; thence along the high water mark of the White Oak River to a common corner between the Department of Transportation (formerly North Carolina Highway and Public Works Commission) and Scott W. Hadley, now or formerly; thence northwesterly, along the common property line between the Department of Transportation (formerly North Carolina Highway and Public Works Commission) and Scott W. Hadley, now or formerly, approximately 190.12 feet to the point of beginning, and containing 0.22 acres more or less. And being subject to that Easement to Carolina Power and Light, recorded in Book 1641, Page 035 of the Onslow County Registry. This description has been drawn from the Master Plans for State Highway Project No. 8.13696, in Onslow County now on file in the Offices of the Department of Transportation in Raleigh, North Carolina. The above -described property was acquired by the DEPARTMENT by instrument recorded in Book 240, Page 432, Onlsow County Registry. This conveyance is made subject to any underground or above -ground utilities in existence at the time of this conveyance to the GRANTEE, and is subject to any recorded and/or unrecorded easements known and visible within the boundaries of the property conveyed hereby. In the event REC€E �� __p,Jb� kh�c�' JUL 22 ?011 CM—MHD s;f v Book: 3377 Page: 877 Page 2 of 4 Rook- 3377 Page, 1977-Current: 877 Seq: 2 Page 3 of 4 Page 3 of 4 the GRANTEE should desire the utilities to be relocated or removed, the costs of such relocation or removal shall be borne by the GRANTEE. TO HAVE AND TO HOLD the above -described lands and premises together with all privileges and appurtenances thereunto belonging to the said GRANTEE, its successors and assigns, free and discharged from all right, title, claim or interest of the DEPARTMENT, and the DEPARTMENT makes no warranty, expressed or implied, as to title to the property hereinabove described. The DEPARTMENT intends, and the GRANTEE understands, that the estate herein conveyed will expire automatically and revert to the DEPARTMENT upon cessation of use of the above -described property as a public park or storm water management facility. IN WITNESS WHEREOF, the DEPARTMENT has hereunto sets its hand and seal on the day and year first above written. [NCDOT SEAL] ATf ES SECRETARY THE BO TRANSPORTATION AND CU ODIAN OF THE SEAL OF THE DEPARTMENT OF TRANSPORTATION STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION By: gil Pridemore Manager of Right of Way 'EC 'lv:N' JUL. Y 7[111 1CM MH (ATV Book: 3377 Page: 877 Page 3 of 4 Book: 3377 Page, 1977-Current: 877 Seq_ 3 Page 4 of 4 Page 4 of 4 Approved as to form: ROY COOPER Attorney General By: pecial Depuy General NORTH CAROLINA WAKE COUNTY This the 11 th day of March , 2010, personally appeared before me, Denise Amato, a Notary Public of said County and State, Tammy Denning, who being by me duly sworn, says that she knows the Seal of the Department of Transportation and is acquainted with Virgil Pridemore, who is Manager of Right of Way of the Division of Highways of said Department, and that she, Tammy Denning, is the Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, and saw said Manager of Right of Way sign the foregoing instrument, and that she, the said Secretary to the Board of Transportation and Custodian of the Seal of the Department of Transportation, affixed said seal to said instrument and signed her name in attestation of the execution thereof in the presence of said Manager of Right of Way. WITNESS my hand and Notarial Seal, the 11 th day of March , 20I0. My Commission Expires: October 28, 2014 (Doc.NI47316} Denise Amato NO . ' LIC SE A414 a NOTARY PUBLIC fig,, n �`,,,(�C, 1j('t�.151oo�P OC MM-MHD TY Book: 3377 Page: 877 Page 4 of 4 Book: 3377 Page, 1977-Current_ 877 Seq: 4 Pagg 1 of 4 Type: CONSOLIDATED REAL PROPERTY Recorded: 9/30/2014 12:24:36 PM Fee Amt: $1,626.00 Page 1 of 4 Revenue Tax: $1,600.00 Onslow County, NC Rebecca L. Pollard Reg. of Deeds BK 4207 PG 184 - 187 NORM CAROLINA. MNERAL WARUANTY DEED Excise Tax: $ 00.00 Parcel Identifier No.0175.31 -n . ' Verified by County on the_day of, , , 20 Maiili3 x to: JohnE, `lllittun1 PA, 604 C Cedar Point Blvd, Cedar Point, NC 28584 .Y.MI`+w.M, This instrument was prepared by: John B. Thnttlm, PA, 604 C Cedar!>olnt lvtl, Cedar Pohl! NC 28584 Brief description for the Index; ; FrontStWMEdwardsMat looks fISB, SwansboroPortRealty THIS 1D1180 made this , day of , 0 I -1 ley and between GRANTOR SCOTTW, HADLBY and wife TRCCIAJ. HADLEY 3104 BRADDOCK DRIVE RALBYGI1,TNC 27612 GRANTEE SWAN$EORO BRIDGEBAsIN, LLC 103 MOORB STREET SWANSBORO, NC 285$9 Enter In appropriate bleelk for each Grantor and Grantee: nano, iu d lug address, and, if appropriate, character of entity, e.g. co oration or tneralm The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, acid assigns, and shall Include singular, plural, masculine, feminine or neuter as required by context, WITNBSSITH, that the Grantor, for a valuable sonsidcrationpaid by the Grantee, the receipt of which Whereby acknowledged, has and by these presents duos grant, bargain, sell and convoy unto the Grantee in fee simple, all that certairt lot or parcel of land situated in the City of SWAMSBORO , SWANSBORO - Township, ONSLOW County, North Carolina and more particularly described as follows: SLBMEBIT"A" ATTACHED JUL 297, 70%1 The property horotnabove daserlbed was acquired by Grantor by instrument recorded in Book - 2231. pap ... 251 Ali or a portion of the property herein conveyed,., .,, includes or X does net include the primary residence of a Grantor. € - MHD C• ..Y, A map showing the above described property is recorded in Plat Pook ... -.. . page CYC Dar Association form No.3 b 1976, itavised 40 vine O Printed liy Agmentoid with tit, NC liar Aasoglalian submitted electronically by "John E. Tantum, PA" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the onslow county Register of Deeds. Book: 4207 Page: 184 Page 1 of 4 Book: 4207 Page, 1977-Current: 184 Seq: 1 Page 2 of 4 TO HAVE AND TO HOLD the aforosaitl lot or parcel of lead and all privileges and appurlenaltcus thereto belonging to the Grantee itl fee simple. And tiro Grantor covenants with the Grantee, that Grantor Is seized of lho prelnises Infee simple, has the right to convey the same in fee slurp a titre marketafili.anifflieo Algid Gleai of all elicumbiani es, end #[tat Grantor wilt variant anti iafend`tito aisle agidaUthe lawful claims of all persons 11hO11nSoever, curet than the following exceptions: 1N WITNESS WHEREOF, the Grantor has duty oxt:euted the foregoing as of the y and year first above vtitten. (Entity Name) By: Print/Type Name: SCOTi'WJ1AIY% (SEAL) Print/Type Name & Title: Print/Type Nate: 'i'R CD(d, fADLI i3y; Prinntfrype Nam & Title: Print/Type Name: By; Print/Type Name & TRW: (SEAT) Prilitfl)rpo Nam_ Santa of Nor€�i lrollna - County or City of • W. # (C litho undersigned Notary Public of the County or City of . it t C-- Anti State aforesaid, certify that CC1.11' W. HADLEY and 1t ULiALUAADL ,id3 em„ personally appeared beforemcthis day and nokttowlcd ed tIioduo ex inion of the foregoing rostrum ' ' tA%rt o Iterelit expressed, Witness my hand and Notarial stamp or seal this` „_ day of a f �7 tia �*„nnT { My Commission Expires: " r i�� f !T J NotatyPabllo to (Affix Seal) 0, `0,, Notary's Printed or Typed N tt e 5tato of - County or City o I, the undersigned Notary Publlo of the County or Gtif 'tit""""o' and State aforesaid, certify that personally came before me this day and acknowledged that ..Ito is the , a North Carolina or - corporatlonllimited liability company/general partnership/limited ptirtnorahip (strike through the inapplicable), and that lay authority duly given and ns the act of such cati,ty, ...she signed Iho foregoing instrument in its naive on Its behalf as its act and deed, Wiliness my hand and Notarial stamp or scat, this day of , 20..,P of My Commission f3xpires: (Affix Seal) .Notary Public Notary's Printed or Typed Name State of County or City of - 1, the undersigned Notary Public oftho County or dty of - . , 4nd State aCaresaid, certify that Witness my hand and Notarial stamp or seal, this day of My Commission Expires: (Affix Seal) NC Dar Assoetallon Form No. 3 019776, llavlecd 0mono Vrtnlcd by Agracmont with ilia IKCliar Maoaigttoii ,20 Notary's Printed or Typed Name ,Notary Pupils, JUL 2 2 ? 7 Book: 4207 Page: 184 Page 2 of 4 Book: 4207 Page, 1977-Current: 184 Seq: 2 Page 3 of 4 MHO And being in the Town of gwannboro, Ounlow County, North Carolina. ind beginning at on iron pips atandilrig at the JAW/motion of the stern margin of Nor, 6triet And Ole Southern margin of Front gtreet and running • Truro rzid beginning with Cho southern margin.aR Front stroot Hpirth 63 degrees 0 minuiaa gnat 49,48 rust to An iron plimi thmnb. South x7:dogxoar O.minutoo Xnat 190.12-raet tO a nail Act in a esnarate bulk head et tha'high enter murk of White 0/04:River$ thence with the hulk head and the high water oath of White Oast River $euth 36 degrees S? cinuteb West 59.98 feet to the corner of the bulk hoed At tha Bootertltnatgiit of Moore Streetithende bitty acid margin North 27 degrees 0,Dninute4 Moat 199c6'i' fait to the beginning and'oontaining ecru, aaaording to survey or puce R. Phii144, R.i►,o. no. L-2640 dated Octebar 23, 1987, Book: 4207 Page: 184 Page 3 of 4 Book: 4207 Page, 1977-Current: 184 Seq: 3 Page 4 of 4 $734 COUNTY OF ONSLOW Tax Certification Form (Check One Box) This certifies that there are no delinquent ad valorem taxes, or other taxes which the Onslow County Tax Collector is charged with collecting, that are a lien on: Parcel Identification Number: 017531 This is not a certification that this Onslow County Parcel Identification Number matches the deed description. No certification required, as attorney statement that any delinquent taxes will be paid from closing proceeds is included on first page of deed. f. Malally signed by Pan ldc IWI VeoOa:o- xamosao 1R79.01-04VY 09/30/2014 Tax Collections Staff Signature Date JUL 22, 2O2 Onslow County Tax Administration 39 Tallman Street • Jacksonville, North Carolina • 28540 Phone: 910-989-2200 Fax; 910-455-4579 www.ondowcountync.govltax Book: 4207 Page: 184 Page 4 of 4 Book: 4207 Page, 1977-Current: 184 Seq: 4 STATE OF NORTH CAROLINA COUNTY OF ONSLOW ( LEASE THIS LEASE is made and entered into this the 1' day of March, 2022, by and between MOORECOASTAL INVESTMENTS, LLC, a North Carolina limited liability company and SWANSBORO BRIDGE BASIN, LLC, a North Carolina limited liability company (collectively hereinafter referred to as "LESSOR") and the TOWN OF SWANSBORO, a North Carolina municipal corporation (hereinafter referred to as "LESSEE"); WITNESSETH: THAT, WHEREAS, LESSOR is the owner of certain uplands property located at the terminus of Moore Street in the Town of Swansboro in Onslow County, North Carolina, as described on Exhibit "A" attached hereto, of which LESSEE desires to rent and lease a portion of such properties' riparian rights thereof more particularly described below for the purpose of constructing, maintaining, repairing, replacing and/or upgrading a proposed 12-foot by 150-foot boardwalk with guardrails along the southern property line of the Grantor, Swansboro Bridge Basin, LLC and within the Riparian corridor of both Swansboro Basin, LLC and Moorecoastal Investments, LLC and as they extend from the border of each of those LESSORS with the White Oak River. The structures and docks to be built by Grantee Shall hereafter be collectively referred to as ("Improvements"). The riparian rights are appurtenant to LESSOR'S uplands property identified by the Onslow County Tax Assessor as Parcel ID 4167656 (Map 41407-5.1) and Parcel ID 4017531 (Map #1407-4) (collectively, "LESSOR'S Property"); and WHEREAS, the parties wish to set forth their agreement in writing; NOW, THEREFORE, LESSOR and LESSEE, for and in consideration of the premises stated hereinabove, the mutual obligations set forth hereinbelow, and other good and valuable consideration exchanged between the parties, the receipt and sufficiency of which are hereby acknowledged, do hereby agree as follows: ARTICLE I DEMISED PREMISES RECElvED JUL 2 2 2022 DCiV-MH j ,..�. LESSOR'S DEMISE: For the term and upon the conditions and agreements hereinafter stated, and in consideration of the payment by LESSEE of the rent hereinafter set forth, LESSOR does lease, let and demise to LESSEE and LESSEE does hereby lease of and from LESSOR that portion of the riparian corridor appurtenant to LESSOR's Property depicted on Exhibit A, together with a license, easement and right of way for unfettered pedestrian ingress, regress, egress, and the installation, repair and replacement of utilities over, through, under, and across such portions of LESSOR'S Property as are reasonably necessary to access the Demised Premises (collectively referred to herein as the "Demised Premises"). The purpose of the Lease is to allow LESSEE to construct, maintain, service and replace, if necessary, a proposed 12-foot by 150-foot boardwalk "with/guardrails" together with a proposed 6-foot by 130-foot floating dock, together with boat slips numbered 1, 2, 3, 4, 5, and 6 and to maintain the existing three Town docks and existing floating Town docks and existing Town gangways and proposed gangways, all shown on the map marked Exhibit "B" and attached hereto and made part of this Lease Agreement. LESSOR waives its Riparian Rights that it has in the White Oak River as it extends from the southern boundary of Swansboro Bridge Basin, LLC and as it extends from the eastern boundary of Moorecoastal Investments, LLC property into the White Oak River, LESSEE shall have the exclusive right to construct, install, inspect, maintain, repair, remove, replace, build, and/or operate the improvements as shown on Exhibit "B." Furthermore, LESSOR hereby waives any and all setback requirements for LESSEE's improvements as required by the permit granting authority, including but not limited to the Coastal Resources Commission and Division of Costal Management (CAMA). LESSEE specifically acknowledges that LESSOR shall have the right to construct, maintain, service and replace, if necessary, a private kayak landing as shown on Exhibit B attached, together with a proposed 6-foot gate to the kayak landing that will be secured and in the control of the LESSOR. Further, LESSEE covenants and agrees that the LESSOR shall have the non-exclusive, non -interrupted use of any of the docks or gangways shown on Exhibit B to be used by LESSOR in the normal and ordinary course of business on LESSOR's Property, which includes food and beverage service. 2 1.ECENVEri JUL 22, 202? 10CNVi-MHD , rf ARTICLE II TERM The initial terra of this Lease shall be for a period of twenty-five (25) years, commencing on and extending through , 2047. Thereafter, this Lease shall automatically be extended for successive five (5) year periods unless either party notifies the other that it does not intend to extend the Lease by written notice to the other sent at least one hundred eighty (180) days prior to the expiration of the then -current Term. ARTICLE III RENT During the Term of this Lease, as extended, if extended, LESSEE shall pay to LESSOR as Rent a one-time payment of the greater of Eight Thousand Five Hundred Fifty and No/100 Dollars ($8,550.00). ARTICLE IV UTILITIES During the term of this Lease, LESSEE shall pay all utilities used by LESSEE or contracted by LESSEE at the Demised Premises. ARTICLE V PROPERTY TAXES LESSOR shall be liable for and shall promptly pay all ad valorem real estate taxes levied against the Demised Premises, but in no event shall LESSOR be responsible for any taxes levied against the LESSEE's Improvements. ARTICLE VI REPAIRS AND MAINTENANCE LESSEE shall maintain at its expense the Demised Premises and its Improvements and keep the same in good condition and repair. ARTICLE VII LESSEE'S USE AND IMPROVEMENTS FREC WED 3 JUL 22, 2022 DC MHD CF V LESSEE shall be entitled to use and occupy the Demised Premises as tie-up facilities primarily for temporary use by transient recreational vessels, and shall be entitled to (i) dredge for and construct, maintain, repair, and replace a dock, pier, or other such improvements generally as depicted on Exhibit A, (ii) construct, maintain, repair and replace pedestrian ingress, egress, and regress facilities, and (iii) install and maintain, repair, and replace utilities on the Demised Premises (collectively referred to herein as LESSEE'S "Improvements°`). Any and all construction.work done by LESSEE within the demised premises shall be performed in a good and workmanlike mariner, in compliance with all governmental requirements. LESSEE shall not permit a lien to be filed on the premises for work or improvements done on its behalf and at its cost. The Improvements shall remain the property of LESSEE throughout the Term of this Lease and upon the expiration or termination hereof. LESSEE shall be entitled to keep the Demised Premises free and clear of all buildings, structures, fixtures, or personal property which interferes with LESSEE'S use of the Demised Premises; provided, however, nothing contained herein shall be interpreted to (i) permit LESSEE to remove, destroy, clear away any structure, or part thereof, of any kind or nature whatsoever which provides support or access, in whole or in part, of or to any of LESSOR'S improvements, or (ii) permit the LESSEE to disrupt or materially interfere with other tenants of LESSOR or the conduct of LESSOR'S business on LESSOR'S property. LESSEE initially intends to use the Demised Premises as a day dock subject to reasonable rules and regulations adopted and published by LESSEE from time to time. LESSEE shall manage the dock through its Parks and Recreation Department. ARTICLE VIII INSURANCE A. IMPROVEMENTS. LESSEE agrees that it shall be responsible for the maintenance and cost of any and all insurance for the Improvements of LESSEE which constitute the Demised Premises. LESSEE shall be solely responsible for the maintenance, operation, repair and upkeep of the Improvements included in the Premises. To the extent allowed by law, LESSEE shall indemnify and hold LESSOR harmless for any liability arising out of the Improvements and the operation of the same during the term of this Lease. 4 RECEIVED DC V MH"H1) C Y B. LIABILITY INSURANCE. Each party hereto agrees that it shall procure and maintain throughout the term of this Lease at its sole cost and expense a policy or policies of insurance for the protection of the general public and each other, insuring same against any and all liability for injury or death to any person or persons, and damage to property, upon the Demised Premises occasioned by or arising out of each party's use or occupancy thereof In order to carry out this agreement, each party will keep in force, at its own expense throughout the term of this Lease, public liability insurance coverage with respect to the premises in form satisfactory to LESSOR and LESSEE covering both LESSOR and LESSEE, with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) on account of bodily injury or death or property damage. Such policies shall be non -cancellable except after ten (10) days' written notice to LESSOR or LESSEE respectively. The policy obtained by LESSOR shall name LESSEE as an additional insured, and the policy obtained by LESSEE shall name LESSOR as an additional insured. Policies of insurance will be made available for examination upon request. LESSEE agrees to hold LESSOR harmless for any loss, claim or liability for any injury to person, including death, or property, unless such loss, claim or liability is due to LESSOR'S negligence or intentional acts or omissions. LESSOR agrees to hold LESSEE harmless for any loss, claim or liability for any injury to person, including death, or property, unless such loss, claim or liability is due to LESSOR'S negligence or intentional acts or omissions. ARTICLE IX EMINENT DOMAIN In the event that a material portion or the whole ofthc Demised Premises shall be taken by any public authority (other than LESSEE) under the power of eminent domain or like power, this Lease shall terminate as to the portion of the Demised Premises so taken, effective on the date possession thereof shall be obtained, and the Rent collected hereunder shall be equitably abated. If less than fitly percent (50%) of LESSEE'S slips remain after such taking, LESSEE shall be entitled to terminate this Lease without further obligation hereunder. All damages awarded for the loss of LESSEE'S Improvements shall be the sole and absolute property of LESSEE. RECERI.ED 9R1L• 2 2022 5 ARTICLE X DESTRUCTION OF PREMISES In the event that a material portion or the whole of the Demised Premises shall be damaged or destroyed by fire or other casualty (including hurricane), LESSEE shall be entitled, in its sole discretion, to either (a) terminate the Lease as of the date of such casualty without further obligation hereunder, or (b) reconstruct LESSEE's Improvements. ARTICLE XI PROHIBITION UPON ASSIGNMENT With the exception of the temporary use of the Demised Premises by nontrailerable, recreation vessels and excursion boats as anticipated hereby, LESSEE shall not assign this Lease or any interest therein nor let or underlet the said premises or any part thereof or any right or privilege appurtenant thereto without the prior written consent of the LESSOR, which consent shall not be unreasonably withheld. ARTICLE XII ENVIRONMENTAL CONDITIONS A. LESSEE shall comply with any and all Federal, State, or local environmental law regulating the use and occupancy of the Demised Premises, including, without limitation, any such law regulating Hazardous Materials. As used herein, "Hazardous Materials" means asbestos, PCBs, petroleum, or any other hazardous or toxic substance, material, waste, or other environmentally regulated substance that is subject to any Hazardous Materials Law (as defined below). B. LESSOR represents and warrants that no Hazardous Materials are located on, in, or about the Demises Premises or the Marina. LESSOR shall disclose to LESSEE in writing the existence, extent, and nature of any Hazardous Material discovered on, in, or about the Demised Premises or the Marina. LESSOR shall indemnify and hold LESSEE harmless from and against any and all claims, judgments, damages, penalties, fines, costs, liabilities or losses (including reasonable attorney's, consultant's and expert's fees) which arise during or after the Lease term as a result of pre-existing conditions. LESSOR agrees to comply with any known or ascertained violation of a Hazardous Materials Law in or affecting the Demised Premises or 6 JULRECEIVFICY 2 2 ?Q?? the Marina arising during the Term of this Lease. 'Hazardous Materials Law" shall mean the Federal Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. See. 9601 et. seq.; and all other Federal, State, and local laws, rules, regulations, or ordinances relating to Hazardous Materials, whether existing or enacted in the future. ARTICLE XIII DEFAULT If LESSEE fails or neglects to perform, meet or observe any of LESSEE'S obligations hereunder and such failure or neglect shall continue for a period of ten (10) days for any failure to pay rent or meet any other financial obligation, and thirty (30) days to cure any other type of default after written notice, then LESSOR by written notice to LESSEE may lawfully declare the termination hereof, and LESSOR may re-enter said premises or any part thereof, and by due process of law, expel, remove and put out LESSEE or any person or persons occupying said premises and may remove all personal property therefrom and LESSEE shall be liable for any unpaid rent and damage to the demised premises. LESSOR shall also have available any other remedies under North Carolina law. LESSOR shall be entitled to its reasonable attorney fees if it shall prevail in any action or proceeding hereunder. In the event that LESSOR defaults in the performance of any of LESSOR'S obligations hereunder and such default continues uncured for thirty (30) days after written notice from LESSEE to LESSOR and such default is reasonably capable of being cured within thirty (30) days, then LESSEE may pursue such rights and remedies in connection with such default as may be available at law or in equity and LESSEE may seek to recover its costs and expenses (including reasonable attorney's fees) incurred in connection with enforcing its rights under this Lease. ARTICLE XIV SIGNAGE LESSEE shall be entitled to place such signage or banners at LESSEE'S cost, as LESSEE deems appropriate, provided all signage must be in compliance with all zoning laws. Said cornplianee and any cost associated therewith shall be LESSEE'S sole responsibility. ARTICLE XV RFCENTO 7 JUL 2 ZO11 MISCELLANEOUS A. This Lease and the exhibit(s) attached hereto and forming a part hereof, set forth all the covenants, promises, agreements, conditions and understandings between LESSOR and LESSEE concerning the premises and there are no covenants, agreements, conditions or understandings, either oral or written, between them other than as herein set out. As this Lease contains all of the understandings between the parties, it may not be added to or modified in any way except by written agreements signed by each of the parties hereto. B. All rights and liabilities herein given to or imposed upon the respective parties shall extend to and bind the several respective heirs, executors, administrators, successors and assigns of said parties. No rights, however, shall inure to the benefit of any assignee of LESSOR or LESSEE (or LESSEE'S subtenant) unless the assignment to such assignee is in compliance with this Lease. C. Any notice or document required or permitted to be given to LESSOR hereunder shall be by certified mail, postage prepaid, and addressed to LESSOR at its mailing address as set forth in this Lease. Furthermore, any notice or document required or permitted to be given to LESSEE hereunder shall be by certified mail, postage prepaid, and addressed to LESSEE at his nailing address as set forth in this Lease. Either party may designate a different address than as set forth herein by giving the other party notice of such change, D. This Lease shall be construed and enforced in accordance with the laws of the State of North Carolina. E. All notices to LESSOR will be directed to: c/o Mr. Randy Swanson, Manager PO Box 1066 Swansboro, NC 28584 8 ECEIV F ' JUL 22, 7027 cM-MHO All notices to LESSEE will be directed to: THE TOWN OF SWANSBORO Attn.: Town Manager 601 W. Corbett Avenue Swansboro, NC 28584 With a copy to: Mr. Clifford P. Parson, Esq. PO Box 867 New Bern, NC 28563 ARTICLE XVI WARRANTIES A. LESSOR warrants that LESSEE, upon its full and faithful compliance with all of the conditions and terms stated herein, shall enjoy quiet and undisturbed possession of the premises for the full term of this Lease. B. LESSOR warrants that LESSOR owns the premises in fee simple and that except for existing rights of way and easements to public utilities and ad valorem taxes, the Demised Premises are free from encumbrances, and the LESSOR further warrants that LESSOR has the right to make this Lease and covenants that it will execute or procure any further necessary assurances of title that may be reasonably required for the protection of the LESSEE. C. Each individual executing this Lease on behalf of a corporation, limited liability company, or partnership represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of such .corporation, limited liability company, or partnership. [SIGNATURES APPEAR ON THE,' FOLLOWING PAGE] RECRINTZ art 9 alb—MH na _qF Y IN WITNESS WHEREOF, the parties have executed or have caused this instrument to be executed by the appropriate corporate officers and sealed the day and year first above written. LESSOR: MOORECOASTAL INVESTMENTS, LLC, a North CGolina Lin }ite l Liability Company By: (SEAL) Randal Swanson, Manager SWANSBORO BRIDGE BASIN, LLC, a North C plina Lted Liability Company By: Rai dal Swanson, Manager LESSEE: TOWN OF SWANSBORO A North Car. u 1 ;Municipry1 Corporation By: ATTEST: V-',ktq £ LL Alissa Fender, Town Clerk ND: 4895-5057-0006, v. I Jo .1 avis,3;ar. 4. 10 (SEAL) .SEAL) JUL 2 2 ?0 2 EXHIBIT A DESCRIPTION A thirty foot wide rectangular strip of land directly south of the property line of Grantor, Swansboro Bridge Basin, LLC, said southern boundary line described as ; Beginning at the southwest corner of the property owned by Swansboro Bridge Basin, LLC as described in Deed recorded in Book 4207, Page 184, Onslow County Registry said corner being on the Eastern Right of Way of Moore Street within the Town of Swansboro and thence along the southern property line of Swansboro Bridge Basin, LLC, along the bulkhead and. highwater mark of the White Oak River north 56 degrees, 37 minutes east, 89.98 feet to the southeast corner of the property titled to Swansboro Bridge Basin, LLC, by Deed Recorded in Book 4207, Page 184, Onslow County Registry said corner being the common comer with the Southeast corner of property now owned by the Town of Swansboro. Also included is a thirty foot (30') wide area extending from the Southwest corner of Moore Street within the Town of Swansboro and running in an Easterly direction from Moore Street to the East end of the existing Town Dock all as shown on Exhibit "B" attached. All parties agree that these descriptions are crafted according to the preliminary plan attached as Exhibit "B", and herby agree to amend the description to conform with the Final Plan as adopted by the Grantors. LESSOR's Property and the Demised Premises are subject to the following exceptions: A. The rights of other to the use and benefit of navigable water; B. No warranties, representations or covenants are made by LESSOR with respect to any real property, including but not limited to any portion lying and being below the mean highwater line of the White Oak River; C. The rights of others, including without limitation, the State of North Carolina, the United States of America, and the public, to the use, control and benefit of navigable waters over which the Riparian Rights of LESSOR exist. JUL 2 2022 EXHIBIT `'a" JUL 22 2o2a STATE OF NORTH CAROLINA RENTAL AGREEMENT FOR TWO BOAT SLIPS COUNTY OF ONSLOW This rental agreement made and entered into this day of 0(Cill 2022 by and between the Town of Swansboro, a North Carolina Municipal Corporation, hereinafter referred to as "The Town"; and Moorecoastal Investments LLC, a North Carolina limited liability company, hereinafter referred to as "Moorecoastal". - • ' •WITNESSETH WHEREAS The Towhhas or will construct three or more boat slips directly adjacent to and directly East of real property owned by Moorecoastal as described in Deed Book 2563 at Page 41 Onslow County Registry;. and' • :. WHEREAS Moorecoastal desires to rent from the Town two of the boat slips, namely Slip No. 1 and Slip No. 2 as shown or Exhibit "B" attached; and WHEREAS The Town has agreed to rent Boat Slips 1 and 2 as shown on Exhibit "B" attached, to Moorecoastal for a perpetual term under the following terms and conditions: 1. Moorecoastal will pay to The Town a lump sum rental fee of eight thousand five hundred fifty dollars and no cents ($8,550.00) upon completion by The Town of Boat Slips 1 and 2 as shown on Exhibit "B" attached and upon execution of this Rental Agreement. 2. The Term of this Rental Agreement shall be perpetual, beginning on the date the lump sum rental payment is paid by Moorecoastal to The Town and continuing thereafter unless terminated by mutual agreement between the parties. jUL %J ] ZU22 3. The Town agrees to keep liability insurance on The Town docks and boat slips as shown on attached Exhibit "B." Moorecoastal agrees to add the boat slips to its liability policy that is now has on the real property it owns described above that will save The Town harmless from any liability caused as a result of Moorecoastal's use of Slips 1 and 2 or is caused by any invitee of Moorecoastal that uses Slips 1 or 2. 4. The maintenance and upkeep of the two (2) slips shall be the responsibility of The Town, but if one or more of the boat slips are destroyed by force majeure, The Town shall have no obligation to reconstruct the Slips. In Testimony Whereof, the parties have hereunto executed this Rental Agreement the day and year first above written. ATTEST: j-6A61 Alissa Fender, Town Clerk APPROVED AS TO FORM: (SEAL) (SEAL) Clifford P. Parson, Town Attorney MOORECOASTAL INVESTMENTS, LLC, a Northfarolina li ri ed Liability Company By: (SEAL) Ran = y Swanson, Member/Manager TOW + SWA . BORO ( By: 'lA 3oh> 1 avis, a' or Q s° CORPORATE 0 • *k SEAL /yja "R' �O°°sCO)CA 4 A-it., SEAL) JUL 22 2022 STATE OF NORTH CAROLINA COUNTY OF ()6OtN 1, Mt ckk A U1d V the undersigned Notary Public for the County of OniU VV , State of North Carolina, certify that Randal Swanson personally appeared before me this day and acknowledged that he is the Member/Manager of Moorecoastal Investments, LLC and that by authority duly given and as the act of such entity, he signed the foregoing instruments in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this /11,11 day of M eirC V , 2022. A 11 Notary Public My Commission expires: (S f AIISSA A, FENDER Notary Public North Carolina Onslew County 1 STATE OF NORTH CAROLINA COUNTY OF O nS)tW I, T&ltiI X Vv , W Ebb the undersigned Notary Public of DVV County, certify that Alissa Fender, Town Clerk, personally appeared before me this day and acknowledged that she is the Town Clerk for the Town of Swansboro, and that by authority duly given by the Hoard of Commissioners of the Town of Swansboro and as the Act of the Town of Swansboro, the foregoing instrument was signed in its name by the Mayor of Swansboro, sealed with the Tow Seal and Atte ted by herAs Town Clerk. Witness my hand and Notarial stamp or seal this daof 2022, RY My commission expires: 1 ~-20z3 &Lo. tiudDb (SEAL) W PAULA ■ . WEBB NOTARY PUBLIC ONSLOW COUNTY STATE (r NORTH CAROLINA ry (,V." -1[N[ EXPIRE WF ) 1022 H D crr ...JUL 22, 2022 EXHIBIT'"g„ ecto q1 ,, -}b Errse,,z,.'� JUG, '2, Regional & Vicinity Maps May 2022 Regional Map (NTS) &MINNIE. 0411041112011V rourtntyh oCutalinretirlapa) joallAtrit mogreia 111"Wat ‘tigkekvis""1" 4,01:11117untyw Amml-40" Ocoslow Town of Swansboro Atlantic Ocean Nc eok one J /e 06" �a ^y^zo Vicinity Map (NTS) Town of Swansboro Project Site White Oak River 1I cp Town of Swansboro Bicentennial Park Boardwalk Extension with Public Day Docks . 5EC' / 'JUL. 22 N 0 11 41G 0c)-\� < 0 z0 O N K n oco do is 1(' ti31 0 Z3�o �t z w (qo 00 ao a. n N Zw M Q0 CU z c 00A v E C 0 ti P. 0 m •E Kqe- WATER FEATURES & WATER DEPTHS TOWN OF SWANSBORO 0 DOWNTOWN WATERFRONT SURVEY GPI STATE: NC N 0 0 U 4) N 0 0 0 spriEsts O 19 0 O DATE: 5-5-2021 0 n 0 `w v -0 '0 0Lo 3 O Z "o O X _ N O a m 0 -0-15 a 3 R R Oi O O rn a L1° 0o Ea�� O o > > N as mom a IE M I o og M If) N I I I M M r I I 1 1 I Ja}OM MOB IOWJoN w N O Field Verify all dimensions prior to construction. Railings (excepting Gangway) not shown. O )O m