SW8150810_HISTORICAL FILE_20170110

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO. ! SW ��DRIV
DOC TYPE ❑ CURRENT PERMIT
❑ APPROVED PLANS
HISTORICAL FILE
(❑ COMPLIANCE EVALUAT
DOC DATE
YYYYMMDD

Easement No. DACA21-2-16-4048
DEPARTMENT OF THE ARMY
EASEMENT FOR PUBLIC ROAD OR STREET
LOCATED ON
MILITARY OCEAN TERMINAL, SUNNY POINT
NEW HANOVER COUNTY, NORTH CAROLINA
THE SECRETARY OF THE ARMY under and by virtue of the authority vested in the
Secretary by Title 10, United States Code, Section 2668, having found that the granting of this
easement will not be against the public interest, hereby grants to the TOWN OF CAROLINA
BEACH, duly organized and existing under and by virtue of the laws of the State of North
Carolina, with its principal office at H 21 N. Lake Park Boulevard, Carolina Beach, North
Carolina 28428, hereinafter referred to as the grantee, an easement for the construction,
operation and maintenance of a bike path and FE-6 standard fencing on approximately 7.48 acres
of land, as well as 0.45 acres of land for the construction and maintenance of FE-6 standard
fencing, adjacent to the MOTSU Buffer Zone, hereinafter referred to as the facilities, over,
across, in and upon the lands of the United States as identified on EXHIBITS "A-1" — "A-8" &
"13-1"- 4B-217
, attached hereto and made a part hereof, hereinafter referred to as the premises.
THIS EASEMENT is granted subject to the following conditions:
1. TERM
This easement is hereby granted for a term of ten (10) years, beginning
November 1, 2016, and ending October 31, 2026.
2. CONSIDERATION
The grantee shall pay in advance to the United States the amount of Eight Thousand and
NO/ Dollars ($8,000.00), in full for the term hereof, payable to the order of the Finance and
Accounting Officer, US Army Corps of Engineers, and delivered to the District Engineer, US
Army Engineer District, Savannah District, ATTN: Chief, Real Estate Division (DACA21-2-16-
4048), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604.
3. NOTICES
All correspondence and notices to be given pursuant to this easement shall be addressed,
if to the grantee, to the Town of Carolina Beach, 1121 N. Lake Park Boulevard, Carolina Beach,
North Carolina 28428; and if to the United States, to the District Engineer, Attention: Chief, Real
Estate Division (DACA21-2-16-4048), US Army Engineer District, Savannah District, 100 West
Oglethorpe Avenue, Savannah, Georgia 31401-3604, or as may from time to time otherwise be
directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in
a properly scaled envelope or wrapper addressed as aforesaid; and deposited, postage prepaid, in
a post office regularly maintained by the United States Postal Service.
ECEIVE
JAW 10 2017
BY:
b

Easement No. DACA21-2-16-4048
4. � AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary", "District
Engineer", "Installation Commander", or "said officer" shall include their duly authorized
representatives. Any reference to "grantee" shall include assignees, transferees and their duly
authorized representatives. Any references to "Operations Manager" shall be interpreted to be
the Corps of Engineers Operations Manager, Savannah District, Georgia and include their duly
authorized representatives.
5. SUPERVISION BY THE INSTALLATION COMMANDER
The construction, operation, maintenance, repair or replacement of said facilities,
including culverts and other drainage facilities, shall be performed at no cost or expense to the
United States and subject to the approval of the Installation Commander, Military Ocean
Terminal, Sunny Point, Military Installation, hereinafter referred to as said officer. Upon the
completion of any of the above activities, the grantee shall immediately restore the premises to
the satisfaction of said officer. The use and occupation of the premises for the purposes herein
granted shall be subject to such rules and regulations as said officer prescribes in writing from
time to time.
6. APPLICABLE LAWS AND REGULATIONS
The grantee shall comply with all applicable Federal, state, county and municipal laws,
ordinances and regulations wherein the premises are located.
7. CONDITION OF PREMISES
The grantee acknowledges that it has inspected the premises, knows the condition, and
understands that the same is granted without any representation or warranties whatsoever and
without any obligation on the part of the United States.
8. INSPECTION AND REPAIRS
The grantee shall inspect the facilities at reasonable intervals and immediately repair any
defects found by such inspection or when required by said officer to repair any such defects.
9. PROTECTION OF GOVERNMENT PROPERTY
The grantee shall be responsible for any damage that may be caused to property of the
United States by the activities of the grantee under this easement, and shall exercise due
diligence in the protection of all property located on the premises against fire or damage from
any and all causes. Any property of the United States damaged or destroyed by the grantee
incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by
the grantee to a condition satisfactory to said officer, or at the election of said officer,
;reimbursement made therefor by the grantee in an amount necessary to restore or replace the
property to a condition satisfactory to said officer.
2

Easement No. DACA21-2-16-4048
10. RIGHT TO ENTER
The right is reserved to the United States, its officers, agents, and employees to enter
upon the premises at any time and for any purpose necessary or convenient in connection with
government purposes, to make inspections, to remove timber or other material, except property
of the grantee, and/or to make any other use of the lands as may be necessary in connection with
government purposes, and the grantee shall have no claim for damages on account thereof
against the United States or any officer, agent, or employee thereof.
11. RIGHT TO CONNECT
The United States reserves the right to make such connections between the road or street
herein authorized and roads and streets on other government lands as said officer may from time
to time consider necessary, and also reserves to itself rights -of -way for all purposes across, over
or under the right-of-way hereby granted; provided that such rights shall be used in a manner that
will not create unnecessary interference with the use and enjoyment by the grantee of the right-
of-way herein granted.
12. OTHER AGENCY AGREEMENTS
It is understood that the provisions of the conditions on SUPERVISION BY THE
INSTALLATION COMMANDER and RIGHT TO ENTER above shall not abrogate or interfere
with any agreements or commitments made or entered into between the grantee and any other
agency of the United States with regard to financial aid to the grantee in connection with the
construction, maintenance, or repair of the facilities herein authorized.
13. TERMINATION
This easement may be terminated by the Secretary upon 30 days written notice to the
grantee if the Secretary shall determine that the right-of-way hereby granted interferes with the
use or disposal of said land by the United States, or it may be revoked by the Secretary for failure
of the grantee to comply.with any or all of the conditions of this easement, or for non-use for a
period of two (2) years, or for abandonment.
14. SOIL AND WATER CONSERVATION
The grantee shall maintain, in a manner satisfactory to said officer, all soil and water
conservation structures that may be in existence upon said premises at the beginning of or that
may be constructed by the grantee during the term of this easement, and the grantee shall take
appropriate measures to prevent or control soil erosion within the right-of-way herein granted.
Any soil erosion occurring outside the premises resulting from the activities of the grantee shall
be corrected by the grantee as directed by said officer.

Easement No. DACA21-2-16-4048
15. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties hereto shall protect the
premises against pollution of its air, ground and water. The grantee shall comply with any laws,
regulations, conditions or instructions affecting the activity hereby authorized if and when issued
by the Environmental Protection Agency, or any Federal, state, interstate or local governmental
agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous
materials within the premises is specifically prohibited. Such regulations, conditions, or
instructions in effect or prescribed by the said Environmental Protection Agency, or any Federal,
state, interstate or local governmental agency are hereby made a condition of this easement. The
grantee shall not discharge waste or effluent from the premises in such a manner that the
discharge will contaminate streams or other bodies of water or otherwise become a public
nuisance.
b. The use of any pesticides or herbicides within the premises shall be in conformance J
with all applicable Federal, state, interstate, and local laws and regulations. The grantee must
obtain approval in writing from said officer before any pesticides or herbicides are applied to the
premises.
c. The grantee will use all reasonable means available to protect the environment and
natural resources, and where damage nonetheless occurs arising from the grantee's activities, the
grantee shall be liable to restore the damaged resources.
16. RECORD OF ENVIRONMENTAL CONSIDERATION
A Record of Environmental Consideration (REC) documenting the known history of the
property with regard to the storage, release or disposal of hazardous substances thereon, is
attached hereto and made a part hereof as EXHIBIT "C". Upon revocation or termination of this
easement, another REC shall be prepared which will document the environmental condition of
the property at that time. A comparison of the two assessments will assist the said officer in
determining any environmental restoration requirements. Any such requirements will be
completed by the grantee in accordance with the condition on RESTORATION.
17. HISTORIC PRESERVATION
The grantee shall not remove or disturb, or cause or permit to be removed or disturbed,
any historical, archeological, architectural or other cultural artifacts, relics, remains, or objects of
antiquity. In the event such items are discovered on the premises, the grantee shall immediately
notify said officer and protect the site and the material from further disturbance until said officer
gives clearance to proceed.
18. NON-DISCRIMINATION
a. The grantee shall not discriminate against any person or persons because of race,
color, age, sex, handicap, national origin or religion.
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Easement No. DACA21-2-16-4048
b. The grantee, by acceptance of this easement, is receiving a type of Federal assistance
and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the
Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of
1975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section
794); and all requirements imposed by or pursuant to the Directive of the Department of Defense
(32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020.1, and Army
Regulation 600-7. This assurance shall be binding on the grantee, its agents, successors,
transferees, and assignees.
19. RESTORATION
On or before the termination or revocation of this easement, the grantee shall, without
expense to the United States and within such time as said officer may indicate, restore the
premises to the satisfaction of said officer. In the event the grantee shall fail to restore the
premises, at the option of said officer, said improvements shall either become the property of the
United States without compensation therefore, or said officer shall have the option to perform the
restoration at the expense of the grantee, and the grantee shall have no claim for damages against
the United States or its officers or agents for such action.
20. DISCLAIMER
This instrument is effective only insofar as the rights of the United States in the premises
are concerned; and the grantee shall obtain such permission as may be required on account of
any other existing rights. It is understood that the granting of this easement does not eliminate
the necessity for obtaining any Department of the Army permit which may be required pursuant
to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33
U.S.C. Section 403), Section 404 of the Clean Water Act (33 U.S.C. Section 1344) or any other
permit or license which may be required by Federal, state, interstate or local laws in connection
with the use of the premises.
21. COMPLIANCE WITH EXECUTIVE ORDER (EO) NO. 13658
(1) Any reference in this section to "prime contractor" or "contractor" shall mean the
Licensee and any reference to "contract" shall refer to the License.
(a) The parties expressly stipulate this contract is subject to Executive Order 13658, the
Regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order,
and the following provisions.
(b) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the
performance of this contract by the prime contractor or any subcontractor, regardless of any
contractual relationship which may be alleged to exist between the contractor and worker, shall
be paid not less than the applicable minimum wage under Executive Order 13658.

Easement No. DACA21-2-16-4048
(2) The minimum wage required to be paid to each worker performing work on or in
connection with this contract between January 1, 2015 and December 31, 2015 shall be $10.10
per hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual
determination of the applicable minimum wage under section 2(a)(ii) of Executive Order 13658
results in a higher minimum wage. Adjustments to the Executive Order minimum wage under
section 2(a)(11) of Executive Order 13658 will be effective for all workers subject to the
Executive Order beginning January 1 of the following year. If appropriate, the contracting
officer, or other agency official overseeing this contract shall ensure the contractor is
compensated only for the increase in labor costs resulting from the annual inflation increases in
the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of
Labor will publish annual determinations in the Federal Register no later than 90 days before
such new wage is to take effect. The Secretary will also publish the applicable minimum wage
on www.dol.gov (or any successor -Web site). The applicable published minimum wage is
incorporated by reference into this contract.
(3) The contractor shall pay unconditionally to each worker all wages due free and clear
and without subsequent deduction (except as otherwise provided by 29 CFR 10,23), rebate, or
kickback on any account. Such payments shall be made no later than one pay period following
the end of the regular pay period in which such wages were earned or accrued. A pay period
under this Executive Order may not be of any duration longer than semi-monthly.
(4) The prime contractor and any upper -tier subcontractor shall be responsible for the
compliance by any subcontractor or lower -tier subcontractor with the Executive Order minimum
wage requirements. In the event of any violation of the minimum wage obligation of this clause,
the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages.
(5) If the commensurate wage rate paid to a worker on a covered contract whose wages
are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or
piece rate, is less than the Executive Order minimum wage, the contractor must pay the
Executive Order minimum wage rate to achieve compliance with the Order, If the commensurate
wage due under the certificate is greater than the Executive Order minimum wage, the contractor
must pay the 14(c) worker the greater commensurate wage.
(c) Withholding. The agency head shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from
the prime contractor under this or any other Federal contract with the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay workers the
full amount of wages required by Executive Order 13658.
(d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a
failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR
part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29
CFR part 10, the contracting agency may on its own action or after authorization or by direction
of the Department of Labor and written notification to the contractor, take action to cause
suspension of any further payment, advance or guarantee of funds until such violations have
ceased. Additionally, any failure to comply with the requirements of this clause may be grounds
3

Easement No. DACA21-2-16-4048
for termination of the right to proceed with the contract work. Irr such event, the Government
may enter into other contracts or arrangements for completion of the work, charging the
contractor in default with any additional cost. A breach of the contract clause may be grounds for
debarment as a contractor and subcontractor as provided in 29 CFR 10.52.
(e) The contractor may not discharge any part of its minimum wage obligation under
Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are
governed by the Service Contract Act, the cash equivalent thereof.
(0 Nothing herein shall relieve the contractor of any other obligation under Federal,
State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a
lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a
contractor to pay less than $10.10 (or the minimum wage as established each January thereafter)
to any worker.
(g) Payroll Records. (1) The contractor shall make and maintain for three years records
containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each
worker and shall make the records available for inspection and transcription by authorized
representatives of the Wage and Hour Division of the U.S. Department of Labor:
(1) Name, address, and social security number.
(ii) The worker's occupation(s) or classification(s).
(iii) The rate or rates of wages paid.
(iv) The number of daily and weekly hours worked by each worker.
(v) Any deductions made; and
(vi) Total wages paid.
(2) The contractor shall also make available a copy of the contract, as applicable, for
inspection or transcription by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available such records for inspection and
transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to
produce such records, the contracting officer, upon direction of an authorized representative of
the Department of Labor, or under its own action, shall take such action as may be necessary to
cause suspension of any further payment or advance of funds until such time as the violations are
discontinued.
(4) The contractor shall permit authorized representatives of the Wage and Hour
Division to conduct investigations, including interviewing workers at the worksite during normal
working hours.
7

Easement No. DACA21-2-16-4448
(5) Nothing in this clause limits or otherwise modifies the contractor's payroll and
recordkeeping obligations, if any, under the Davis -Bacon Act, as amended, and its implementing
regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair
Labor Standards Act, as amended, and its implementing regulations; or any other applicable law.
(h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered
subcontracts and shall require its subcontractors to include this clause in any covered lower -tier
subcontracts. The prime contractor and any upper -tier subcontractor shall be responsible for the
compliance by any subcontractor or lower -tier subcontractor with this contract clause.
(1) Certification of Eligibility. (1) By entering into this contract, the contractor (and
officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts
by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a)
of the Davis -Bacon Act, or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to any person or firm whose name
appears on the list of persons or firms ineligible to receive Federal contracts.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C. 1001.
0) Tipped employees. in paying wages to a tipped employee as defined in section 3(t) of
the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against
the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive
Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at
least equal to the amount of the credit taken; where the tipped employee does not receive
sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage
paid for the workweek so that the amount of cash wage paid and the tips received by the
employee equal the applicable minimum wage under Executive Order 13658. To utilize this
provision:
(1) The employer must inform the tipped employee in advance of the use of tip credit;
(2) The employer must inform the tipped employee of the amount of cash wage that will
be paid and the additional amount by which the employee's wages will be considered increased
on the account of the tip credit;
(3) The employees must be allowed to retain all tips (individually or through a pooling
arrangement and regardless of whether the employer elects to take a credit for tips received); and
(4) The employer must be able to show by records that the tipped employee receives at
least the applicable Executive Order minimum wage through the combination of direct wages
and tip credit.
M.

Easement No. DACA21-2-16-4048
(k) Antiretaliation. It shall be unlawful for any person to discharge or in any other
manner discriminate against any worker because such worker has filed any complaint or
instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or
29 CFR part 10, or has testified or is about to testify in any such proceeding.
(1) Disputes concerning labor standards. Disputes related to the application of Executive
Order 13658 to this contract shall not be subject to the general disputes clause of the contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR part 10. Disputes within the meaning of this contract clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the workers or their representatives.
(m) Notice. The contractor must notify all workers performing work on or in connection
with a covered contract of the applicable minimum wage rate under the Executive Order. With
respect to service employees on contracts covered by the Service Contract Act and laborers and
mechanics on contracts covered by the Davis -Bacon Act, the contractor may meet this
requirement by posting, in a prominent and accessible place at the worksite, the applicable wage
determination under those statutes. With respect to workers performing work on or in connection
with a covered contract whose wages are governed by the FLSA, the contractor must post a
notice provided by the Department of Labor in a prominent and accessible place at the worksite
so it may be readily seen by workers. Contractors that customarily post notices to workers
electronically may post the notice electronically provided such electronic posting is displayed
prominently on any Web site that is maintained by the contractor, whether external or internal,
and customarily used for notices to workers about terms and conditions of employment.
(n) If a duly authorized representative of the United States discovers or determines,
whether before or subsequent to executing this contract, that an erroneous determination
regarding the applicability of Executive Order 13658 was made, contractor, to the extent
permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents,
and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines,
penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising
out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part,
the erroneous Executive'Order 13658 determination. This includes contractor releasing any claim
or entitlement it would otherwise have to an equitable adjustment to the contract and
indemnifying and holding harmless the United States from the claims of subcontractors and
contractor employees.
22. SPECIAL CONDITIONS
a. FE-6 standard fencing must be installed in conjunction with the construction of the
bike path.
b. Routine maintenance of the 20' area West of the fence line, within the easement
boundaries, should be performed twice per year for the term of the easement.
6

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THIS EASEMENT is also executed by the grantee this
FM a��
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l�
Easement No. DACA21-2-16-4048
day of
TOWN OF
mm
NAME: 111.r;
01-01Cel
BEACH
TITLE:
ACKNOWLEDGMENT
STATE OF NORTH CAROLINA )
) ss
COUNTY OF NEW HANOVER )
BEFORE ME, a Notary Public in and for t'6) 0'etnoier County, personally appeared
l� } C- )ck 6 "er, to me known to be the identical person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the said
instrument by authority of the Town of Carolina Beach, for the purposes therein expressed as the
act and deed of the Grantee.
GIVEN under my hand and seal, this 0 day of (0C...�Q\06r 2016.
NOTARY PUBLIC ,
SHOA.A P. NOMLSON
NOTARY PUBLIC
New Hanover County
North CamOna
(Seal) fly Commission t xpim W.13, 2019
My commission expires on the 13� day of ky"') 0otc�
11

Easement No. DACA21-2-16-4448
CERTIFICATE OF AUTHORITY
.l.e„Q� r ,_ (name) certify that I am the
_�_ o ter►.... C'� C.1` . (title) of the Town of Carolina Beach, that M i ch o n I C t'n m er
(signator of outgrant) who signed the foregoing instrument on behalf of the Grantee was then
-.4�+� II onna Ge r (title of signator of outgrant) of the Town of Carolina Beach. I
further certify that the said officer was acting within the scope of powers delegated to this
... governing -body of Grantee in executing said -instrument. -
Date: i 0 G
SEA z
TOWN OF CAROLINA BEACH
_ J W(
Corporate Secretary or
Appropriate Officer
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METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Beginning at Control Corner with NC Grid NAD 83 Coordinates North 103998.89 East 2331140.52.
Located on the East side of the 8'" Street Right -of Way.
Thence South 56"13'35" East 28.21 feet to a point of curve.
Thence a curve with chord direction South 41°28'33" East a chord distance 33.10 feet to a point
of tangent. (See C1 listed on Curve Table of easement map).
Thence South 26°43'30" East 21.02 feet to a point of curve.
Thence a curve with chord direction South 36°11'00" East a chord distance 28.13 feet to a point.
(See C2 listed on Curve Table of easement map).
Thence a curve with chord direction South 16°56'43" East a chord distance 71.62 feet to a point
of tangent. (See C3 listed on Curve Table of easement map).
Thence South 16'24'33" West 18.15 feet to a point of curve.
Thence a curve with chord direction South 5"42'12" East a chord distance 26.35 feet to a point
of tangent. (See C4 listed on Curve Table of easement map).
Thence South 27°48'58" East 117.87 feet to a point of curve.
Thence a curve with chord direction South 5°39'13" East a chord distance 49.04 feet to a point
of tangent. (See C5 listed on Curve Table of easement map).
Thence South 16°30'32" West 17.36 feet to a point.
Thence South 15°32'08" East 52.29 feet to a point of curve.
Thence a curve with chord direction South 25"12'41" East a chord distance 28.57 feet to a point
of tangent. (See C6 listed on Curve Table of easement map).
Thence South 34"53'13" East 66.86 feet to a point of curve.
Thence a curve with chord direction South 9°12'33" East a chord distance 56.35 to a point of
tangent. (See C7 listed on Curve Table of easement map).
Thence South 16"30'42" West 34.17' feet to a point of curve.
Thence a curve with chord direction South 28'29'19" East a chord distance 49.50 feet to a point
of tangent. (See C8 listed on Curve Table of easement map).
Thence South 73°29'20" East 74.90 feet to a point of curve.
Thence a curve with chord direction South 28°30'23" East a chord distance 91.90 feet to a point
of tangent. (See C9 listed on Curve Table of easement map).
Thence South 16"13'36" West 67.30 feet to a point of curve.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Grano 1 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence a curve with chord direction South 03009'31" West a chord distance 37.19 feet to a
point of tangent. (See C10 listed on Curve Table of easement map).
Thence South 09°28'46" East 41.91 feet to a point of curve.
Thence a curve with chord direction South 03°33'44" West a chord distance 29.34 feet to a
point of tangent. (See C11 listed on Curve Table of easement map).
Thence South 16°36'13" West 20.87 feet to a point of curve.
Thence a curve with chord direction South 03"01'24" West a chord distance 41.83 feet to a
point of tangent. (See C12 listed on Curve Table of easement map).
Thence South 11°12'39" East 119.96 feet to a point of curve.
Thence a curve with chord direction South 02°30'03" West a chord distance 30.82 feet to a
point of tangent. (See C13 listed on Curve Table of easement map).
Thence South 16°28'47" West 28.83 feet to a point of curve.
Thence a curve with chord direction South 05°12'53" East a chord distance 25.88 feet to a point
of tangent. (See C14 listed on Curve Table of easement map).
Thence South 26°54'34" East 24.44 feet to a point of curve.
Thence a curve with chord direction South 05°16'50" East a chord distance 47.92 feet to a point
of tangent. (See C15 listed on Curve Table of easement map).
Thence South 16'20'54" West 77.59 feet to a point of curve.
Thence a curve with chord direction South 29°28'25" West a chord distance 52.23 feet to a
point of tangent. (See C16 listed on Curve Table of easement map).
Thence South 42°36'34" West 269.06 feet to a point of curve.
Thence a curve with chord direction South 72044'48" West a chord distance 69.63 feet to a
point of tangent. (See C17 listed on Curve Table of easement map).
Thence North 73`25'09" West 107.71 feet to a point
Thence South 26°35'31" West 49.45 feet to a point of curve.
Thence a curve with chord direction South 07°56'18" East a chord distance 5.67 feet to a point
of tangent. (See C18 listed on Curve Table of easement map).
Thence South 42"27'46" East 31.59 feet to a point of curve.
Thence a curve with chord direction South 24°45'31" East a chord distance 38.30 feet to a point
of tangent. (See C19 listed on Curve Table of easement map).
Thence South 09°02'02" East 760.84 feet to a point of curve.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "13-1"
❑nnc 9 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence a curve with chord direction South 62°57'42" East a chord distance of 106.62 feet to a
point of tangent. (See C20 listed on Curve Table of easement map).
Thence North 61°21'29" East 4SAS feet to a point of curve.
Thence a curve with chord direction North 76°39'59" East a chord distance of 50.17 feet to a
point of tangent. (See C21 listed on Curve Table of easement map).
Thence South 88"01'19" East 22.96 feet to a point of curve.
Thence a curve with chord direction South 40°18'50" East a chord distance of 140.55 feet to a
point of tangent. (See C22 listed on Curve Table of easement map).
Thence South 07'23'39" West 19.52 feet to a point of curve.
Thence a curve with chord direction South 0°21'18" East a chord distance of 127.31 feet to a
point of tangent. (See C23 listed on Curve Table of easement map).
Thence South 06036'06" East 53.42 feet to a point of curve.
Thence a curve with chord direction South 04°54'25" West a chord distance 45.89 feet to a
point of tangent. (See C24 listed on Curve Table of easement map).
Thence South 16024'55" West 9.59 feet to a point of curve.
Thence a curve with chord direction South 05°49'58" East a chord distance 26.50 feet to a point
of tangent. (See C25 listed on Curve Table of easement map).
Thence South 28°04'51" East 44.79 feet to a point of curve.
Thence a curve with chord direction South 12°45'00" East a chord distance 34.37 feet to a point
of tangent. (See C26 listed on Curve Table of easement map).
Thence South 02"34'52" West 357.20 feet to a point of curve.
Thence a curve with chord direction South 16°20'00" East a chord distance 55.11 feet to a point.
(See C27 listed on Curve Table of easement map).
Thence a curve with chord direction South 09025'25" East a chord distance 187.31 feet to a
point of tangent. (See C28 listed on Curve Table of easement map).
Thence South 16°24'03" West 84.80 feet to a point of curve.
Thence a curve with chord direction South 32°20'36" West a chord distance 35.71 feet to a
point of tangent. (See C29 listed on Curve Table of easement map).
Thence South 48°17'10" West 41.81 feet to a point of curve.
Thence a curve with chord direction South 32°23'06" West a chord distance 19.18 feet to a
point of tangent. (See C30 listed on Curve Table of easement map).
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Pono Z of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence South 16°29'03" West 65.78 feet to a point of curve.
Thence a curve with chord direction South 05°18'05" West a chord distance 32.97 feet to a
point. (See C31 listed on Curve Table of easement map).
Thence a curve with chord direction South 01"54'26" West a chord distance 32.42 feet to a
point of tangent. (See C32 listed on Curve Table of easement map).
Thence South 10°00'29" West 29.92 feet to a point of curve.
Thence a curve with chord direction South 13`40'45" West a chord distance 21.61 feet to a
point of tangent. (See C33 listed on Curve Table of easement map).
Thence South 16°30'45" West 271.62 feet to a point of curve.
Thence a curve with chord direction South 26°50'17" East a chord distance 61.78 feet to a point
of tangent. (See C34 listed on Curve Table of easement map).
Thence South 70°11'18" East 39.08 feet to a point of curve.
Thence a curve with chord direction South 27°57'44" East a chord distance 87.37 feet to a point
of tangent. (See C35 listed on Curve Table of easement map).
Thence South 14°15'50" West 181.50 feet to a point of curve.
Thence a curve with chord direction South 07°11'47" West a chord distance 45.52 feet to a
point of tangent. (See C36 listed on Curve Table of easement map).
Thence South 0°07'41" West 114.15 feet to a point of curve.
Thence a curve with chord direction South 14°10'07" West a chord distance 104.31 feet to a
point of tangent. (See C37 listed on Curve Table of easement map).
Thence South 28°12'30" West 70.91 feet to a point of curve.
Thence a curve with chord direction South 18°54'57" West a chord distance 59.75 feet to a
point of tangent. (See C38 listed on Curve Table of easement map).
Thence South 09°37'24" West 118.21 feet to a point of curve.
Thence a curve with chord direction South 23'49'31" East a chord distance 71.65 feet to a point
of tangent. (See C39 listed on Curve Table of easement map).
Thence South 57°16'26" East 20.17 feet to a point of curve.
Thence a curve with chord direction South 20`18'18" East a chord distance 89.84 feet to a point
of tangent. (See C40 listed on Curve Table of easement map).
Thence South 16°25'41" West 494.55 feet to a point
Thence From said point North 73°34'19" West 50 feet to a point.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Donn A of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence
From said point North 16°25'41" East 491.97 feet to a point.
Thence
From said point North 01°59'17" West 17.85 to a point.
Thence
From said point North 38"50'43" West 18.54 to a point.
Thence
From said point North 57°16'26" West 50.65 feet to a point.
Thence
From said point North 24°34'03" West 69.14 feet to a point.
Thence
From said point North 09`37'24" East 192.04 feet to a point.
Thence
From said point North 28°13'18" East 107.67 feet to a point.
Thence
From said point North 21°15'46" East 41.83 feet to a point.
Thence
From said point North 07°10'25" East 41.67 feet to a point.
Thence
From said point North 00°07'45" East 142.05 feet to a point.
Thence
From said point North 14°15'50" East 206.90 feet to a point.
Thence
From said point North 06°50'57" West 13.76 feet to a point.
Thence
From said point North 49004'31" West 13.76 feet to a point.
Thence
From said point North 70'11'18" West 74.89 feet to a point.
Thence
From said point North 24°55'42" West 75.63 feet to a point.
Thence
From said point North 16°30'45" East 316.36 feet to a point.
Thence
From said point North 04°55'57" East 92.75 feet to a point.
Thence
From said point North 16"33'21" East 104.80 feet to a point.
Thence
From said point North 46'43'24" East 72.47 feet to a point.
Thence
From said point North 16024'03" East 85.25 feet to a point.
Thence
From said point North 08"06'25" East 48.66 feet to a point.
Thence
From said point North 10'20'32"West 58.80 feet to a point.
Thence
From said point North 28°44'40" West 95.13 feet to a point.
Thence
From said point North 02"34'52" East 390.98 feet to a point.
Thence
From said point North 11"34'52" West 14.62 feet to a point.
Thence
From said point North 28°04'S1" West 76.66 feet to a point.
Thence
From said point North 16"24'55" East 42.34 feet to a point.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Pena r, of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence From said point North 04°54'25" East 29.89 feet to a point.
Thence From said point North 06°36'06" West 79.73 feet to a point.
Thence From said point North 01"18'58" West 77.90 feet to a point.
Thence From said point North 07"23'39" East 51.13 feet to a point.
Thence
From said point North 10°22'37"
West 28.67 feet to a point.
Thence
From said point North 43°09'22"
West 24.39 feet to a point.
Thence
From said point North 73"28'56"
West 24.18 feet to a point.
Thence
From said point North 89°55'46"
West 35.20 feet to a point.
Thence
From said point South 61°21'29"
West 83.21 feet to a point.
Thence
From said point South 89'17'39"
West 59.96 feet to a point.
Thence
From said point North 59°35'08"
West 86.84 feet to a point.
Thence
From said point North 09°02'01"
West 812.20 feet to a point.
Thence
From said point North 35045'26"
West 84.00 feet to a point.
Thence
From said point North 26*35131"
East 124.79 feet to a point.
Thence
From said point South 73°24'57"
East 142.89 feet to a point.
Thence
From said point North 72°29'15"
East 26.08 feet to a point.
Thence
From said point North 42°36'23"
East 262.40 feet to a point.
Thence
From said point North 29628'25"
East 34.00 feet to a point.
Thence From said point North 16°20'54" East 71.47 feet to a point.
Thence From said point North 05'16'50" West 18.16 feet to a point.
Thence From said point North 26"54'34" West 54.43 feet to a point.
Thence From said point North 16"28'47" East 66.04 feet to a point.
Thence From said point North 11°12'39" West 157.04 feet to a point.
Thence From said point North 16°35'07" East 56.92 feet to a point.
Thence From said point North 07°44'19" West 81.32 feet to a point.
Thence From said point North 16°13'36" East 89.83 feet to a point.
Thence From said point North 05°56'50" West 14.59 feet to a point. .
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Deno R of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence From said point North 50°58'30" West 14.53 feet to a point.
Thence From said point'North 73"29'20" West 105.63 feet to a point.
Thence From said point North 29621'07" West 70.07 feet to a point.
Thence From said point North 16030'42" East 65.77 feet to a point.
Thence From said point North 09°11'16" West 21.23 feet to a point.
Thence From said point North 34°53'13" West 85.32 feet to a point.
Thence From said point North 15°32'08" West 37.94 feet to a point.
Thence From said point North 73°29'28" West 27.44 feet to a point.
Thence From said point North 16°30'32" East 75.56 feet to a point of curve.
Thence a curve with chord direction North 5°39'27" West a chord distance 11.32 feet to a point
of tangent. (See C41 listed on Curve Table of easement map).
Thence From said point North 27°48'58" West 117.87 feet to a point of curve.
Thence a curve with chord direction North 5'42'12" West a chord distance 63.99 feet to a point
of tangent. (See C42 listed on Curve Table of easement map).
Thence From said point North 16024'33" East 124.89 feet to a point of curve.
Thence a curve with chord direction North 20°18'32 West a chord distance 18.19 feet to a point.
(See C43 listed on Curve Table of easement map).
Thence a curve with chord direction North 36"40'03 West a chord distance 46.62 feet to a point
of tangent. (See C44 listed on Curve Table of easement map).
Thence North 26°43'30" West 21.02 feet to a point of curve.
Thence a curve with chord direction North 41'28'32" West a chord distance 7.64 feet to a point
of tangent. (See C45 listed on Curve Table of easement map).
Thence North 56°13'35" West 12.72 feet to a point.
Thence North 16°33'33" East 124.97 to point of beginning, containing 7.48 acres ±.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Pono 7 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
SUMTER AVE FENCE EXTENSION AT MOTSU
Point of beginning is located the following metes and bounds description from U.S.A.C.E. Monument SP-
34, having NC Grid NAD 83 Coordinates North 103461.08 East 2331396,41, thence North 47'49'09"
West 228.63 feet to the point of beginning.
From said point of beginning, being an iron rod in the south side of Sumter Avenue;
Thence South 16°30'32" West 22.00 feet to a point.
Thence From said point North 73°29'32" West 241.15 feet to a point.
Thence From said point South 16°30'32" West 10.00 feet to a point.
Thence From said point North 73029'32" West 451.30 feet to a point on the east side of Dow
Road.
Thence From said point North 16°30'32" East 32.00 feet to a point of intersection South side
Dow Road East side Sumter Avenue.
Thence From said point South 73°29'32" East 692.41 feet to point of beginning, containing 0.45
acres ±.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-2"

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MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "C"

Easement No. DACA21-2-16-4048 `-n
DEPARTMENT OF THE ARMY Q 1
EASEMENT FOR PUBLIC ROAD OR STREET U
LOCATED ON ,
MILITARY OCEAN TERMINAL, SUNNY POINT
NEW HANOVER COUNTY, NORTH CAROLINA
THE SECRETARY OF THE ARMY under and by virtue of the authority vested in the
Secretary by Title 10, United States Code, Section 2668, having found that the granting of this
easement will not be against the public interest, hereby grants to the TOWN OF CAROLINA
BEACH, duly organized and existing under and by virtue of the laws of the State of North
Carolina, with its principal office at 1121 N. Lake Park Boulevard, Carolina Beach, North
Carolina 28428, hereinafter referred to as the grantee, an easement for the construction,
operation and maintenance of a bike path and FE-6 standard fencing on approximately 7.48 acres
of land, as well as 0.45 acres of land for the construction and maintenance of FE-6 standard
fencing, adjacent to the MOTSU Buffer Zone, hereinafter referred to as the facilities, over,
across, in and upon the lands of the United States as identified on EXHIBITS "A-1"—"A-8" &
"B-1 " — "B-2", attached hereto and made a part hereof, hereinafter referred to as the premises.
THIS EASEMENT is granted subject to the following conditions:
1. TERM
This easement is hereby granted for a term of ten (10) years, beginning
November 1, 2016, and ending October 31, 2026.
2. CONSIDERATION
The grantee shall pay in advance to the United States the amount of Eight Thousand and
NO/ 100 Dollars ($8,000.00), in full for the term hereof, payable to the order of the Finance and
Accounting Officer, US Army Corps of Engineers, and delivered to the District Engineer, US
Army Engineer District, Savannah District, ATTN: Chief, Real Estate Division (DACA21-2-16-
4048), 100 West Oglethorpe Avenue, Savannah, Georgia 31401-3604.
3. NOTICES
All correspondence and notices to be given pursuant to this easement shall be addressed,
if to the grantee, to the Town of Carolina Beach, 1121 N. Lake Park Boulevard, Carolina Beach,
North Carolina 28428; and if to the United States, to the District Engineer, Attention: Chief, Real
Estate Division (DACA21-2-16-4048), US Army Engineer District, Savannah District, 100 West
Oglethorpe Avenue, Savannah, Georgia 31401-3604, or as may from time to time otherwise be
directed by the parties. Notice shall be deemed to have been duly given if and when enclosed in
a properly sealed envelope or wrapper addressed as aforesaid, and deposited, postage prepaid, in
a post office regularly maintained by the United States Postal Service. F�
EC
DEC 06 20:�
BY:

Easement No. DACA21-2-164048
4. AUTHORIZED REPRESENTATIVES
Except as otherwise specifically provided, any reference herein to "Secretary', "Distriel
Engineer', "Installation Commander', or "said officer" shall include their duly authorized
representatives. Any reference to "grantee" shall include assignees, transferees and their duly
authorized representatives. Any references to "Operations Manager' shall be interpreted to be
the Corps of Engineers Operations Manager, Savannah District, Georgia and include their duly
authorized representatives.
5. SUPERVISION BY THE INSTALLATION COMMANDER
The construction, operation, maintenance, repair or replacement of said facilities,
including culverts and other drainage facilities, shall be performed at no cost or expense to the
United States and subject to the approval of the Installation Commander, Military Ocean
Terminal, Sunny Point, Military Installation, hereinafter referred to as said officer. Upon the
completion of any of the above activities, the grantee shall immediately restore the premises to
the satisfaction of said officer. The use and occupation of the premises for the purposes herein
granted shall be subject to such rules and regulations as said officer prescribes in writing from
time to time.
6. APPLICABLE LAWS AND REGULATIONS
The grantee shall comply with all applicable Federal, state, county and municipal laws,
ordinances and regulations wherein the premises are located.
7. CONDITION OF PREMISES
The grantee acknowledges that it has inspected the premises, knows the condition, and
understands that the same is granted without any representation or warranties whatsoever and
without any obligation on the part of the United States.
8. INSPECTION AND REPAIRS
The grantee shall inspect the facilities at reasonable intervals and immediately repair any
defects found by such inspection or when required by said officer to repair any such defects.
9. PROTECTION OF GOVERNMENT PROPERTY
The grantee shall be responsible for any damage that may be caused to property of the
United States by the activities of the grantee under this easement, and shall exercise due
diligence in the protection of all property located on the premises against fire or damage from
any and all causes. Any property of the United States damaged or destroyed by the grantee
incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by
the grantee to a condition satisfactory to said officer, or at the election of said officer,
reimbursement made therefor by the grantee in an amount necessary to restore or replace the
property to a condition satisfactory to said officer.
2

Easement No. DACA21-2-16-4048
10. RIGHT TO ENTER
The right is reserved to the United States, its officers, agents, and employees to enter
upon the premises at any time and for any purpose necessary or convenient in connection with
government purposes, to make inspections, to remove timber or other material, except property
of the grantee, and/or to make any other use of the lands as may be necessary in connection with
government purposes, and the grantee shall have no claim for damages on account thereof
against the United States or any officer, agent, or employee thereof.
11. RIGHT TO CONNECT
The United States reserves the right to make such connections between the road or street
herein authorized and roads and streets on other government lands as said officer may from time
to time consider necessary, and also reserves to itself rights -of -way for all purposes across, over
or under the right-of-way hereby granted; provided that such rights shall be used in a manner that
will not create unnecessary interference with the use and enjoyment by the grantee of the right-
of-way herein granted.
12. OTHER AGENCY AGREEMENTS
It is understood that the provisions of the conditions on SUPERVISION BY THE
INSTALLATION COMMANDER and RIGHT TO ENTER above shall not abrogate or interfere
with any agreements or commitments made or entered into between the grantee and any other
agency of the United States with regard to financial aid to the grantee in connection with the
construction, maintenance, or repair of the facilities herein authorized.
13. TERMINATION
This casement may be terminated by the Secretary upon 30 days written notice to the
grantee if the Secretary shall determine that the right-of-way hereby granted interferes with the
use or disposal of said land by the United States, or it may be revoked by the Secretary for failure
of the grantee to comply with any or all of the conditions of this easement, or for non-use for a
period of two (2) years, or for abandonment.
14. SOIL AND WATER CONSERVATION
The grantee shall maintain, in a manner satisfactory to said officer, all soil and water
conservation structures that may be in existence upon said premises at the beginning of or that
may be constructed by the grantee during the term of this easement, and the grantee shall take
appropriate measures to prevent or control soil erosion within the right-of-way herein granted.
Any soil erosion occurring outside the premises resulting from the activities of the grantee shall
be corrected by the grantee as directed by said officer.

Easement No. DACA21-2-16-4448
15. ENVIRONMENTAL PROTECTION
a. Within the limits of their respective legal powers, the parties hereto shall protect the
premises against pollution of its air, ground and water. The grantee shall comply with any laws,
regulations, conditions or instructions affecting the activity hereby authorized if and when issued
by the Environmental Protection Agency, or any Federal, state, interstate or local governmental
agency having jurisdiction to abate or prevent pollution. The disposal of any toxic or hazardous
materials within the premises is specifically prohibited. Such regulations, conditions, or
instructions in effect or prescribed by the said Environmental Protection Agency, or any Federal,
state, interstate or local governmental agency are hereby made a condition of this easement. The
grantee shall not discharge waste or effluent from the premises in such a manner that the
discharge will contaminate streams or other bodies of water or otherwise become a public
nuisance.
b. The use of any pesticides or herbicides within the premises shall be in conformance
with all applicable Federal, state, interstate, and local laws and regulations. The grantee must
obtain approval in writing from said officer before any pesticides or herbicides are applied to the
premises.
c. The grantee will use all reasonable means available to protect the environment and
natural resources, and where damage nonetheless occurs arising from the grantee's activities, the
grantee shall be liable to restore the damaged resources.
16. RECORD OF ENVIRONMENTAL CONSIDERATION
A Record of Environmental Consideration (REC) documenting the known history of the
property with regard to the storage, release or disposal of hazardous substances thereon, is
attached hereto and made a part hereof as EXHIBIT "C". Upon revocation or termination of this
easement, another REC shall be prepared which will document the environmental condition of
the property at that time. A comparison of the two assessments will assist the said officer in
determining any environmental restoration requirements. Any such requirements will be
completed by the grantee in accordance with the condition on RESTORATION.
17. HISTORIC PRESERVATION
The grantee shall not remove or disturb, or cause or permit to be removed or disturbed,
any historical, archeological, architectural or other cultural artifacts, relics, remains, or objects of
antiquity. In the event such items are discovered on the premises, the grantee shall immediately
notify said officer and protect the site and the material from further disturbance until said officer
gives clearance to proceed.
18. NON-DISCRIMINATION
a. The grantee shall not discriminate against any person or persons because of race,
color, age, sex, handicap, national origin or religion.
0

Easement No. DACA21-2-16-4048
b. The grantee, by acceptance of this easement, is receiving a type of Federal assistance
and, therefore, hereby gives assurance that it will comply with the provisions of Title VI of the
Civil Rights Act of 1964 as amended (42 U.S.C. Section 2000d); the Age Discrimination Act of
I975 (42 U.S.C. Section 6102); the Rehabilitation Act of 1973, as amended (29 U.S.C. Section
794); and all requirements imposed by or pursuant to the Directive of the Department of Defense
(32 CFR Part 195) issued as Department of Defense Directive 5500.11 and 1020.1, and Army
Regulation 600-7. This assurance shall be binding on the grantee, its agents, successors,
transferees, and assignees.
19. RESTORATION
On or before the termination or revocation of this easement, the grantee shall, without
expense to the United States and within such time as said officer may indicate, restore the
premises to the satisfaction of said officer. In the event the grantee shall fail to restore the
premises, at the option of said officer, said improvements shall either become the property of the
United States without compensation therefore, or said officer shall have the option to perform the
restoration at the expense of the grantee, and the grantee shall have no claim for damages against
the United States or its officers or agents for such action.
20. DISCLAIMER
This instrument is effective only insofar as the rights of the United States in the premises
are concerned, and the grantee shall obtain such permission as may be required on account of
any other existing rights. It is understood that the granting of this easement does not eliminate
the necessity for obtaining any Department of the Army permit which may be required pursuant
to the provisions of Section 10 of the Rivers and Harbors Act of 3 March 1899 (30 Stat. 1151; 33
U.S.C. Section 403), Section 404 of the Clean Water Act (33 U.S.C. Section 1344) or any other
permit or license which may be required by Federal, state, interstate or local laws in connection
with the use of the premises.
21. COMPL[ANCE WITH EXECUTIVE ORDER (EO) NO. 13658
( I) Any reference in this section to "prime contractor" or "contractor" shall mean the
Licensee and any reference to "contract" shall refer to the License.
(a) The parties expressly stipulate this contract is subject to Executive Order 13658, the
Regulations issued by the Secretary of Labor in 29 CFR part 10 pursuant to the Executive Order,
and the following provisions.
(b) Minimum Wages. (1) Each worker (as defined in 29 CFR 10.2) engaged in the
performance of this contract by the prime contractor or any subcontractor, regardless of any
contractual relationship which may be alleged to exist between the contractor and worker, shall
be paid not less than the applicable minimum wage under Executive Order 13658.

Easement No. DACA21-2-16-4048
(2) The minimum wage required to be paid to each worker performing work on or in
connection with this contract between January 1, 2015 and December 31, 2015 shall be S10.10
per hour. The minimum wage shall be adjusted each time the Secretary of Labor's annual
determination of the applicable minimum wage under section 2(a)(11) of Executive Order 13658
results in a higher minimum wage. Adjustments to the Executive Order minimum wage under
section 2(a)(10 of Executive Order 13658 will be effective for all workers subject to the
Executive Order beginning January 1 of the following year. If appropriate, the contracting
officer, or other agency official overseeing this contract shall ensure the contractor is
compensated only for the increase in labor costs resulting from the annual inflation increases in
the Executive Order 13658 minimum wage beginning on January 1, 2016. The Secretary of
Labor will publish annual determinations in the Federal Register no later than 90 days before
such new wage is to take effect. The Secretary will also publish the applicable minimum wage
on www.dol.gov (or any successor Web site). The applicable published minimum wage is
incorporated by reference into this contract.
(3) The contractor shall pay unconditionally to each worker all wages due free and clear
and without subsequent deduction (except as otherwise provided by 29 CFR 10.23), rebate, or
kickback on any account. Such payments shall be made no later than one pay period following
the end of the regular pay period in which such wages were earned or accrued. A pay period
under this Executive Order may not be of any duration longer than semi-monthly.
(4) The prime contractor and any upper -tier subcontractor shall be responsible for the
compliance by any subcontractor or lower -tier subcontractor with the Executive Order minimum
wage requirements. In the event of any violation of the minimum wage obligation of this clause,
the contractor and any subcontractor(s) responsible therefore shall be liable for the unpaid wages.
(5) If the commensurate wage rate paid to a worker on a covered contract whose wages
are calculated pursuant to a special certificate issued under 29 U.S.C. 214(c), whether hourly or
piece rate, is less than the Executive Order minimum wage, the contractor must pay the
Executive Order minimum wage rate to achieve compliance with the Order. If the commensurate
wage due under the certificate is greater than the Executive Order minimum wage, the contractor
must pay the 14(c) worker the greater commensurate wage.
(c) Withholding. The agency head shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from
the prime contractor under this or any other Federal contract with the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay workers the
full amount of wages required by Executive Order 13658.
(d) Contract Suspension/Contract Termination/Contractor Debarment. In the event of a
failure to pay any worker all or part of the wages due under Executive Order 13658 or 29 CFR
part 10, or a failure to comply with any other term or condition of Executive Order 13658 or 29
CFR part 10, the contracting agency may on its own action or after authorization or by direction
of the Department of Labor and written notification to the contractor, take action to cause
suspension of any further payment, advance or guarantee of funds until such violations have
ceased. Additionally, any failure to comply with the requirements of this clause may be grounds
2

Easement No. DACA21-2-164048
for termination of the right to proceed with the contract work. In such event, the Government
may enter into other contracts or arrangements for completion of the work, charging the
contractor in default with any additional cost. A breach of the contract clause may be grounds for
debarment as a contractor and subcontractor as provided in 29 CFR 10.52.
(e) The contractor may not discharge any part of its minimum wage obligation under
Executive Order 13658 by furnishing fringe benefits or, with respect to workers whose wages are
governed by the Service Contract Act, the cash equivalent thereof.
(f) Nothing herein shall relieve the contractor of any other obligation under Federal,
State or local law, or under contract, for the payment of a higher wage to any worker, nor shall a
lower prevailing wage under any such Federal, State, or local law, or under contract, entitle a
contractor to pay less than $10.10 (or the minimum wage as established each January thereafter)
to any worker.
(g) Payroll Records. (1) The contractor shall make and maintain for three years records
containing the information specified in paragraphs (g)(1) (i) through (vi) of this section for each
worker and shall make the records available for inspection and transcription by authorized
representatives of the Wage and Hour Division of the U.S. Department of Labor:
(i) Name, address, and social security number.
(ii) The worker's occupation(s) or classification(s).
(iii) The rate or rates of wages paid.
(iv) The number of daily and weekly hours worked by each worker.
(v) Any deductions made; and
(vi) Total wages paid.
(2) The contractor shall also make available a copy of the contract, as applicable, for
inspection or transcription by authorized representatives of the Wage and Hour Division.
(3) Failure to make and maintain or to make available such records for inspection and
transcription shall be a violation of 29 CFR part 10 and this contract, and in the case of failure to
produce such records, the contracting officer, upon direction of an authorized representative of
the Department of Labor, or under its own action, shall take such action as may be necessary to
cause suspension of any further payment or advance of funds until such time as the violations are
discontinued.
(4) The contractor shall permit authorized representatives of the Wage and Hour
Division to conduct investigations, including interviewing workers at the worksite during normal
working hours.
7

Easement No. DACA21-2-164048
(5) Nothing in this clause limits or otherwise modifies the contractor's payroll and
recordkeeping obligations, if any, under the Davis -Bacon Act, as amended, and its implementing
regulations; the Service Contract Act, as amended, and its implementing regulations; the Fair
Labor Standards Act, as amended, and its implementing regulations; or any other applicable law.
(h) The contractor (as defined in 29 CFR 10.2) shall insert this clause in all of its covered
subcontracts and shall require its subcontractors to include this clause in any covered lower -tier
subcontracts. The prime contractor and any upper -tier subcontractor shall be responsible for the
compliance by any subcontractor or lower -tier subcontractor with this contract clause.
(1) Certification of Eligibility. (1) By entering into this contract, the contractor (and
officials thereof) certifies that neither it (nor he or she) nor any person or firm who has an
interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts
by virtue of the sanctions imposed pursuant to section 5 of the Service Contract Act, section 3(a)
of the Davis -Bacon Act, or 29 CFR 5.12(a)(1).
(2) No part of this contract shall be subcontracted to any person or firm whose name
appears on the list of persons or firms ineligible to receive Federal contracts.
(3) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C.1001.
0) Tipped employees. In paying wages to a tipped employee as defined in section 3(t) of
the Fair Labor Standards Act, 29 U.S.C. 203(t), the contractor may take a partial credit against
the wage payment obligation (tip credit) to the extent permitted under section 3(a) of Executive
Order 13658. In order to take such a tip credit, the employee must receive an amount of tips at
least equal to the amount of the credit taken; where the tipped employee does not receive
sufficient tips to equal the amount of the tip credit the contractor must increase the cash wage
paid for the workweek so that the amount of cash wage paid and the tips received by the
employee equal the applicable minimum wage under Executive Order 13658. To utilize this
provision:
(1) The employer must inform the tipped employee in advance of the use of tip credit;
(2) The employer must inform the tipped employee of the amount of cash wage that will
be paid and the additional amount by which the employee's wages will be considered increased
on the account of the tip credit;
(3) The employees must be allowed to retain all tips (individually or through a pooling
arrangement and regardless of whether the employer elects to take a credit for tips received); and
(4) The employer must be able to show by records that the tipped employee receives at
least the applicable Executive Order minimum wage through the combination of direct wages
and tip credit.

Easement No. DACA21-2-16-4048
(k) Antiretaliation. It shall be unlawful for any person to discharge or in any other
manner discriminate against any worker because such worker has filed any complaint or
instituted or caused to be instituted any proceeding under or related to Executive Order 13658 or
29 CFR part 10, or has testified or is about to testify in any such proceeding.
(1) Disputes concerning labor standards. Disputes related to the application of Executive
Order 13658 to this contract shall not be subject to the general disputes clause of the contract.
Such disputes shall be resolved in accordance with the procedures of the Department of Labor
set forth in 29 CFR part 10. Disputes within the meaning of this contract clause include disputes
between the contractor (or any of its subcontractors) and the contracting agency, the U.S.
Department of Labor, or the workers or their representatives.
(m) Notice. The contractor must notify all workers performing work on or in connection
with a covered contract of the applicable minimum wage rate under the Executive Order. With
respect to service employees on contracts covered by the Service Contract Act and laborers and
mechanics on contracts covered by the Davis -Bacon Act, the contractor may meet this
requirement by posting, in a prominent and accessible place at the worksite, the applicable wage
determination under those statutes. With respect to workers performing work on or in connection
with a covered contract whose wages are governed by the FLSA, the contractor must post a
notice provided by the Department of Labor in a prominent and accessible place at the worksite
so it may be readily seen by workers. Contractors that customarily post notices to workers
electronically may post the notice electronically provided such electronic posting is displayed
prominently on any Web site that is maintained by the contractor, whether external or internal,
and customarily used for notices to workers about terms and conditions of employment.
(n) if a duty authorized representative of the United States discovers or determines,
whether before or subsequent to executing this contract, that an erroneous determination
regarding the applicability of Executive Order 13658 was made, contractor, to the extent
permitted by law, agrees to indemnify and hold harmless the United States, its officers, agents,
and employees, for and from any and all liabilities, losses, claims, expenses, suits, fines,
penalties, judgments, demands or actions, costs, fees, and damages directly or indirectly arising
out of, caused by, related to, resulting from or in any way predicated upon, in whole or in part,
the erroneous Executive Order 13658 determination. This includes contractor releasing any claim
or entitlement it would otherwise have to an equitable adjustment to the contract and
indemnifying and holding harmless the United States from the claims of subcontractors and
contractor employees.
22. SPECIAL CONDITIONS
a. FE-6 standard fencing must be installed in conjunction with the construction of the
bike path.
b. Routine maintenance of the 20' area West of the fence line, within the easement
boundaries, should be performed twice per year for the term of the easement.
9

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My commission ion expires o'n-the
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NOTARYt PUBLIC ­
2016.-

THIS EASEMENT is also executed by the grantee this
Easement No. DACA21-2-16-4048
day of
TOWN OF
NAME:
TITLE:
ACKNOWLEDGMENT
STATE OF NORTH CAROLINA )
ss
COUNTY OF NEW HANOVER )
2016,
BEACH
BEFORE ME, a Notary Public in and for awl "over County, personally appeared
CV�UV P-f, tome known to be the identical person and officer whose name is
subscribed to the foregoing instrument, and acknowledged to me that he executed the said
instrument by authority of the Town of Carolina Beach, for the purposes therein expressed as the
act and deed of the Grantee.
GIVEN under my hand and seal, this &0 day of OC,�D\Oe r 2016.
NOTARY PUBLIC
SHMA P. FOCHOLSON
NOTARY PUBLIC
New Hanom County
Worth Carolina
(Seal) My Commissior+ Expires Apr.13, 2019
My commission expires on the 13 day of kV-) ` _ _ __ � ( E�
I

Easement No. DACA21-2-164048
CERTIFICATE OF AUTHORITY
I 1 C rn . e r lee Ward- _ (name) certify that I am the
1 o�r..'..C�;1L. (title) of the Town of Carolina Beach, that M i _hG Cromer ._
(signator of outgrant) who signed the foregoing instrument on behalf of the Grantee was then
--Fa W n ecoonqer (title of signator of outgrant) of the Town of Carolina Beach. I
further certify that the said officer was acting within the scope of powers delegated to this
governing -body of Grantee in executing said instrument.
Date: 10 G
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TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Beginning at Control Corner with NC Grid NAD 83 Coordinates North 103998.89 East 2331140.52.
Located on the East side of the 81h Street Right -of Way.
Thence South 56"13'35" East 28.21 feet to a point of curve.
Thence a curve with chord direction South 41°28'33" East a chord distance 33.10 feet to a point
of tangent. (See C1 listed on Curve Table of easement map).
Thence South 26°43'30" East 21.02 feet to a point of curve.
Thence a curve with chord direction South 36°11'00" East a chord distance 28.13 feet to a point.
(See C2 listed on Curve Table of easement map).
Thence a curve with chord direction South 16°56'43" East a chord distance 71.62 feet to a point
of tangent. (See C3 listed on Curve Table of easement map).
Thence South 16°24'33" West 18.15 feet to a point of curve.
Thence a curve with chord direction South 5°42'12" East a chord distance 26.35 feet to a point
of tangent. (See C4 listed on Curve Table of easement map).
Thence South 27°48'58" East 117.87 feet to a point of curve.
Thence a curve with chord direction South 5°39'13" East a chord distance 49.04 feet to a point
of tangent. (See C5 listed on Curve Table of easement map).
Thence South 16"30'32" West 17.36 feet to a point.
Thence South 15032'08" East 52.29 feet to a point of curve.
Thence a curve with chord direction South 25°12'41" East a chord distance 28.57 feet to a point
of tangent. (See C6 listed on Curve Table of easement map).
Thence South 34°53'13" East 66.86 feet to a point of curve.
Thence a curve with chord direction South 9°12'33" East a chord distance 56.35 to a point of
tangent. (See C7 listed on Curve Table of easement map).
Thence South 16"30'42" West 34.17' feet to a point of curve.
Thence a curve with chord direction South 28°29'19" East a chord distance 49.S0 feet to a point
of tangent. (See C8 listed on Curve Table of easement map).
Thence South 73°29'20" East 74.90 feet to a point of curve.
Thence a curve with chord direction South 28°30'23" East a chord distance 91.90 feet to a point
of tangent. (See C9 listed on Curve Table of easement map).
Thence South 16013'36" West 67.30 feet to a point of curve.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DAGA21-2-164048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Page 1 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence a curve with chord direction South 03°09'31" West a chord distance 37.19 feet to a
point of tangent. (See C10 listed on Curve Table of easement map).
Thence South 09°28'46" East 41.91 feet to a point of curve.
Thence a curve with chord direction South 03°33'44" West a chord distance 29.34 feet to a
point of tangent. (See C11 listed on Curve Table of easement map).
Thence South 16°36'13" West 20.87 feet to a point of curve.
Thence a curve with chord direction South 03°01'24" West a chord distance 41.83 feet to a
point of tangent. (See C12 listed on Curve Table of easement map).
Thence South 11°12'39" East 119.96 feet to a point of curve.
Thence a curve with chord direction South 02"30'03" West a chord distance 30.82 feet to a
point of tangent. (See C13 listed on Curve Table of easement map).
Thence South 16"28'47" West 28.83 feet to a point of curve.
Thence a curve with chord direction South 05°12'53" East a chord distance 25.88 feet to a point
of tangent. (See C14 listed on Curve Table of easement map).
Thence South 26°54'34" East 24.44 feet to a point of curve.
Thence a curve with chord direction South 05°16'50" East a chord distance 47.92 feet to a point
of tangent. (See C15 listed on Curve Table of easement map).
Thence South 16°20'54" West 77.59 feet to a point of curve.
Thence a curve with chord direction South 29"28'25" West a chord distance 52.23 feet to a
point of tangent. (See C16 listed on Curve Table of easement map).
Thence South 42°36'34" West 269.06 feet to a point of curve.
Thence a curve with chord direction South 72644'48" West a chord distance 69.63 feet to a
point of tangent. (See C17 listed on Curve Table of easement map).
Thence North 73"25'09" West 107.71 feet to a point
Thence South 26"35'31" West 49.45 feet to a point of curve.
Thence a curve with chord direction South 07°56'18" East a chord distance 5.67 feet to a point
of tangent. (See C18 listed on Curve Table of easement map).
Thence South 42°27'46" East 31.59 feet to a point of curve.
Thence a curve with chord direction South 24°45'31" East a chord distance 38.30 feet to a point
of tangent. (See C19 listed on Curve Table of easement map).
Thence South 09°02'02" East 760.84 feet to a point of curve.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Page 2 of 7

METES R BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence a curve with chord direction South 62°57'42" East a chord distance of 106.62 feet to a
point of tangent. (See C20 listed on Curve Table of easement map).
Thence North 61°21'29" East 45.15 feet to a point of curve.
Thence a curve with chord direction North 76°39'59" East a chord distance of 50.17 feet to a
point of tangent. (See C21 listed on Curve Table of easement map).
Thence South 88°01'19" East 22.96 feet to a point of curve.
Thence a curve with chord direction South 40°18'50" East a chord distance of 140.55 feet to a
point of tangent. (See C22 listed on Curve Table of easement map).
Thence South 07°23'39" West 19.52 feet to a point of curve.
Thence a curve with chord direction South 0°21'18" East a chord distance of 127.31 feet to a
point of tangent. (See C23 listed on Curve Table of easement map).
Thence South 06°36'06" East 53.42 feet to a point of curve.
Thence a curve with chord direction South 04°54'25" West a chord distance 45.89 feet to a
point of tangent. (See C24 listed on Curve Table of easement map).
Thence South 16'24'55" West 9.59 feet to a point of curve.
Thence a curve with chord direction South 05"49'58" East a chord distance 26.50 feet to a point
of tangent. (See C25 listed on Curve Table of easement map).
Thence South 28°04'51" East 44.79 feet to a point of curve.
Thence a curve with chord direction South 12°45'00" East a chord distance 34.37 feet to a point
of tangent. (See C26 listed on Curve Table of easement map).
Thence South 02°34'52" West 357.20 feet to a point of curve.
Thence a curve with chord direction South 16°20'00" East a chord distance 55.11 feet to a point.
(See C27 listed on Curve Table of easement map).
Thence a curve with chord direction South 09°25'25" East a chord distance 187.31 feet to a
point of tangent. (See C28 listed on Curve Table of easement map).
Thence South 16°24'03" West 84.80 feet to a point of curve.
Thence a curve with chord direction South 32°20'36" West a chord distance 35.71 feet to a
point of tangent. (See C29 listed on Curve Table of easement map).
Thence South 48°17'10" West 41.81 feet to a point of curve.
Thence a curve with chord direction South 32"23'06" West a chord distance 19.18 feet to a
point of tangent. (See C30 listed on Curve Table of easement map).
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT N0, DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Page 3 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence South 16°29'03" West 65.78 feet to a point of curve.
Thence a curve with chord direction South 05°18'05" West a chord distance 32,97 feet to a
point. (See C31 listed on Curve Table of easement map).
Thence a curve with chord direction South 01°54'26" West a chord distance 32.42 feet to a
point of tangent. (See C32 listed on Curve Table of easement map).
Thence South 10°00'29" West 29.92 feet to a point of curve.
Thence a curve with chord direction South 13"40'45" West a chord distance 21.61 feet to a
point of tangent. (See C33 listed on Curve Table of easement map).
Thence South 16°30'45" West 271.62 feet to a point of curve.
Thence a curve with chord direction South 26°50'17" East a chord distance 61.78 feet to a point
of tangent. (See C34 listed on Curve Table of easement map).
Thence South 70'11'18" East 39.08 feet to a point of curve.
Thence a curve with chord direction South 27°57'44" East a chord distance 87.37 feet to a point
of tangent. (See C35 listed on Curve Table of easement map).
Thence South 14°15'50" West 181.50 feet to a point of curve.
Thence a curve with chord direction South 07°11'47" West a chord distance 45.52 feet to a
point of tangent. (See C36 listed on Curve Table of easement map).
Thence South 0°07'41" West 114.15 feet to a point of curve.
Thence a curve with chord direction South 14°10'07" West a chord distance 104.31 feet to a
point of tangent. (See C37 listed on Curve Table of easement map).
Thence South 28"12'30" West 70.91 feet to a point of curve.
Thence a curve with chord direction South 18°54'57" West a chord distance 59.75 feet to a
point of tangent. (See C38 listed on Curve Table of easement map).
Thence South 09°37'24" West 118.21 feet to a point of curve.
Thence a curve with chord direction South 23°49'31" East a chord distance 71.65 feet to a point
of tangent. (See C39 listed on Curve Table of easement map).
Thence South 57°16'26" East 20.17 feet to a point of curve.
Thence a curve with chord direction South 20"18'18" East a chord distance 89.84 feet to a point
of tangent. (See C40 listed on Curve Table of easement map).
Thence South 16°25'41" West 494.55 feet to a point
Thence From said point North 73"34'19" West 50 feet to a point.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Page 4 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence
From said point North 16°25'41" East 491.97 feet to a point.
Thence
From said point North 01°59'17" West 17.85 to a point.
Thence
From said point North 38°50'43" West 18.54 to a point.
Thence
From said point North 57"16'26" West 50.65 feet to a point.
Thence
From said point North 24`34'03" West 69.14 feet to a point.
Thence
From said point North 09°37'24" East 192.04 feet to a point.
Thence
From said point North 28°13'18" East 107.67 feet to a point.
Thence
From said point North 21°15'46" East 41.83 feet to a point.
Thence
From said point North 07°10'25" East 41.67 feet to a point.
Thence
From said point North 00007'45" East 142.05 feet to a point.
Thence
From said point North 14°15'50" East 206.90 feet to a point.
Thence
From said point North 06°50'57" West 13.76 feet to a point.
Thence
From said point North 49°04'31" West 13.76 feet to a point.
Thence
From said point North 70'11'18" West 74.89 feet to a point.
Thence
From said point North 24"55'42" West 75.63 feet to a point.
Thence
From said point North 16°30'45" East 316.36 feet to a point.
Thence
From said point North 04055'57" East 92.75 feet to a point.
Thence
From said point North 16°33'21" East 104.80 feet to a point.
Thence
From said point North 46°43'24" East 72.47 feet to a point.
Thence
From said point North 16°24'03" East 85.25 feet to a point.
Thence
From said point North 08°06'25" East 48.66 feet to a point.
Thence
From said point North 10°20'32" West 58.80 feet to a point.
Thence
From said point North 28"44'40" West 95.13 feet to a point.
Thence
From said point North 02'34'52" East 390.98 feet to a point.
Thence
From said point North 11°34'52" West 14.62 feet to a point.
Thence
From said point North 28"04'51" West 76.66 feet to a point.
Thence
From said point North 16°24'55" East 42.34 feet to a point.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Page 5 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence
From said point North 04°54'25" East 29.89 feet to a point.
Thence
From said point North 06036'06" West 79.73 feet to a point.
Thence
From said point North 01°18'58" West 77.90 feet to a point.
Thence
From said point North 07°23'39" East 51.13 feet to a point.
Thence
From said point North 10°22'37" West 28.67 feet to a point.
Thence
From said point North 43°09'22" West 24.39 feet to a point.
Thence
From said point North 73°28'56" West 24.18 feet to a point.
Thence
From said point North 89°55'46" West 35.20 feet to a point.
Thence
From said point South 61°21'29" West 83.21 feet to a point.
Thence
From said point South 89°17'39" West 59.96 feet to a point.
Thence
From said point North 59°35'08" West 86.84 feet to a point.
Thence
From said point North 09002'01" West 812.20 feet to a point.
Thence
From said point North 35°45'26" West 84.00 feet to a point.
Thence
From said point North 26"35'31" East 124.79 feet to a point.
Thence
From said point South 73"24'57" East 142.89 feet to a point.
Thence
From said point North 72°29'15" East 26.08 feet to a point.
Thence
From said point North 42°36'23" East 262.40 feet to a point.
Thence
From said point North 29°28'25" East 34.00 feet to a point.
Thence
From said point North 16°20'54" East 71.47 feet to a point.
Thence
From said point North 05°16'50" West 18.16 feet to a point.
Thence
From said point North 26°54'34" West 54.43 feet to a point.
Thence
From said point North 16"28'47" East 66.04 feet to a point.
Thence
From said point North 11°12'39" West 157.04 feet to a point.
Thence
From said point North 16035'07" East 56.92 feet to a point.
Thence
From said point North 07°44'19" West 81.32 feet to a point.
Thence
From said point North 16°13'36" East 89.83 feet to a point.
Thence
From said point North 05°56'50" West 14.59 feet to a point.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Page 6 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
BIKE PATH AT MOTSU
Thence From said point North 50°58'30" West 14.53 feet to a point.
Thence From said point North 73°29'20" West 105.63 feet to a point.
Thence From said point North 29'21'07" West 70.07 feet to a point.
Thence From said point North 16°30'42" East 65.77 feet to a point.
Thence From said point North 09011'16" West 21.23 feet to a point.
Thence From said point North 34'53'13" West 85.32 feet to a point.
Thence From said point North 15°32'08" West 37.94 feet to a point.
Thence From said point North 73'29'28" West 27.44 feet to a point.
Thence From said point North 16°30'32" East 75.56 feet to a point of curve.
Thence a curve with chord direction North 5°39'27" West a chord distance 11.32 feet to a point
of tangent. (See C41 listed on Curve Table of easement map).
Thence From said point North 27"48'58" West 117.87 feet to a point of curve.
Thence a curve with chord direction North 5"42'12" West a chord distance 63.99 feet to a point
of tangent. (See C42 listed on Curve Table of easement map).
Thence From said point North 16°24'33" East 124.89 feet to a point of curve.
Thence a curve with chord direction North 20°18'32 West a chord distance 18.19 feet to a point.
(See C43 listed on Curve Table of easement map).
Thence a curve with chord direction North 36°40'03 West a chord distance 46.62 feet to a point
of tangent. (See C44 listed on Curve Table of easement map).
Thence North 26°43'30" West 21.02 feet to a point of curve.
Thence a curve with chord direction North 41°28'32" West a chord distance 7.64 feet to a point
of tangent. (See C45 listed on Curve Table of easement map).
Thence North 56°13'35" West 12.72 feet to a point.
Thence North 16°33'33" East 124.97 to point of beginning, containing 7.48 acres ±.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-1"
Page 7 of 7

METES & BOUNDS
TOWN OF CAROLINA BEACH
SUMTER AVE FENCE EXTENSION AT MOTSU
Point of beginning is located the following metes and bounds description from U.S.A.C.E. Monument SP-
34, having NC Grid NAD 83 Coordinates North 103461.08 East 2331396.41, thence North 47°49'09"
West 228.63 feet to the point of beginning.
From said point of beginning, being an iron rod in the south side of Sumter Avenue;
Thence South 16°30'32" West 22.00 feet to a point.
Thence From said point North 73°29'32" West 241.15 feet to a point.
Thence From said point South 16"30'32" West 10.00 feet to a point.
Thence From said point North 73°29'32" West 451.30 feet to a point on the east side of Dow
Road.
Thence From said point North 16°30'32" East 32.00 feet to a point of intersection South side
Dow Road East side Sumter Avenue.
Thence From said point South 73°29'32" East 692.41 feet to point of beginning, containing 0.45
acres ±.
MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-164048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "B-2"

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MILITARY OCEAN TERMINAL, SUNNY POINT
EASEMENT NO. DACA21-2-16-4048
GRANTEE: TOWN OF CAROLINA BEACH
EXHIBIT "C"

61D
FIGURE EIGHT
BRIDGE ROAD RE -ALIGNMENT & TENNIS COURTS
NEW HANOVER COUNTY, NC
STORMWATER - EROSION CONTROL NARRATIVE
Prepared for:
Figure Eight Island Yacht Club, Inc.
15 Bridge Road
Wilmington, NC 28411
Prepared by:
PARAMOUNTE
a N G 3 N a h R l N G. i N C
5911 Oleander Drive, Suite 201
Wilmington, NC 28403
NC License 9: C-2846
Project #15191 TE
May 2016
RECEIVED
MAY 16 2016
DY:
�l

FIGURE EIGHT
BRIDGE ROAD RE -ALIGNMENT & TENNIS COURTS
NEW HANOVER, NORTH CAROLINA
Project #15191.PE
Table of Contents
Design Narrative
Proposed Improvements
Maintenance
Erosion and Sedimentation Control Specification
New Hanover County Soils Map
USGS Map
Stream Classification
Deed
Secretary of State
Calculations
Page i

DESIGN NARRATIVE
Figure Eight island Yacht Club is proposing to realign the existing Bridge Road in order to
build new tennis courts and associated parking at 15 Bridge Road within New Hanover
County, NC (Parcel ID#R04500-005-001-000, Deed Book 1231 Page 75 ). As a result, please find
this design narrative, plans, and supporting calculations sufficient for the stormwater quantity
and quality control according to NCDENR and New Hanover County regulations.
The latitude and longitude of the property are 34' 16' 22" N, 77" 45' 17" W. The site currently
has minimal existing impervious and a few sparse trees. Soils consist primarily of Newhan
find sand (HSG A) according to the enclosed web soil survey. According to the attached USGS
map, the project drains to the Intracoastal Waterway (SA; ORW) and is within the Cape Fear
River Basin. The site is within a'/z mile of SA waters.
PROPOSED IMPROVEMENTSIEROSION CONTROL
The applicant is proposing to shift Bridge Road to the southeast and build three new tennis
courts with a small parking lot. The proposed impervious area from the improvements will be
directed by swales to two infiltration basins that will infiltrate the entire 10 year, 24 hour storm
based on calculations using an infiltration rate of 6 inches per hour, which is half of the
measured infiltration rate. A secondary spillway has been provided to handle stormwater
during emergency situations.
During construction, sediment will be controlled by temporary silt fence and a temporary
construction entrance.
MAINTENANCE
Contractors shall be responsible for periodic inspection and maintenance of all indicated
erosion control devices in accordance with the plans and specifications. In addition, inspection
and any necessary maintenance will be required immediately following any significant storm
event. Sediment will need to be removed from behind silt fencing as described on the Erosion
Control Plan. Vegetative cover will be fertilized and reapplied as necessary to promote a
vigorous stand.
Page 1

EROSION AND SEDIMENTATION CONTROL SPECIFICATION
PART 1 - GENERAL
1.1 RELATED DOCUMENT
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
1.2 WORK INCLUDED
A. Contractor shall take every reasonable precaution throughout construction to prevent the
erosion of soil and the sedimentation of streams, lakes, reservoirs, other water impoundments,
ground surfaces, or other property as required by State and Local regulations.
B. Contractor shall, upon suspension or completion of land -disturbing activities, provide
protection covering for disturbed areas. Permanent vegetation shall be established at the earliest
practicable time. Temporary and permanent erosion control measures shall be coordinated to
assure economical, effective, and continuous erosion and sediment control throughout the
construction and post construction period.
1.3 RELATED SECTIONS
A. Related Sections — The following Sections contain requirements that relate to this Section:
1. 01011 — Existing Underground Utilities
2. 01015 —Special Conditions for this Contract
3. 01070 — Shop Drawings, Project Data & Samples
4. 02200 — Earthwork, Excavation Trenching, and Backfilling
5. 02230 — Site Clearing
b. 02240 — Dewatering
7. 02485 — Seeding General Areas
1.4 REGULATORY REQUIREMENTS
A. Contractor shall be responsible for prevention of damage to properties outside the construction
limits from siltation due to construction of the project. The Contractor will assume all
responsibilities to the affected property owners for correction of damages that may occur.
Erosion control measures shall be performed by the Contractor, conforming to the requirements
of, and in accordance with plans approved by applicable state and local agencies and as per the
erosion control portion of the construction drawings and these specifications. The Contractor
shall not allow mud and debris to accumulate in the streets. Should the Contractor pump water
from trenches during construction, appropriate siltation preventative measures shall be taken
prior to discharge of pumped water into any storm drain or stream.
Page 1

PART 2 - PRODUCTS
2.1 Open mesh biodegradable mulching cloth.
2.2 Fertilizer shall be 10-10-10 grade or equivalent.
2.3 Lime shall be dolomitic agricultural ground 1 limestone containing not less than 10 percent
magnesium oxide.
2.4 Phosphate shall be 20 percent super phosphate or equivalent.
2.5 Provide grass seed mixture as shown on the plans.
2.6 Silt fence shall consist of non -biodegradable filter fabric (Trevira, Mirafi, etc.) wired to
galvanized wire mesh fencing and supported by wood or metal posts.
2.7 NCDOT Class B stone for erosion control.
PART 3 - EXECUTION
3.1 CLEARING
A. Clearing and grubbing shall be scheduled and performed in such a manner that subsequent
grading operation and erosion control practices can follow immediately thereafter. Excavation,
borrow, and embankment operations will be conducted such that continuous operation. All
construction areas not otherwise protected shall be planted with permanent vegetative cover
within 15 working days after completion of active construction. All slopes shall be planted
within 21 calendar days after completion of such activity.
3.2 STABILIZING
A. The angle for graded slopes and fills shall be no greater than the angle that can be retained by
vegetative cover or other adequate erosion control devices or structures. All disturbed areas not
to be paved and left exposed will, within 21 calendar days of completion of any phase of
grading, be planted or otherwise provided with either temporary or permanent ground cover,
devices, or structures sufficient to restrain erosion. All slopes steeper than 3:1 shall be planted
or otherwise provided with either temporary or permanent ground cover, devices, or structures
sufficient to restrain erosion within 21 calendar days.
3.3 REGULATORY REQUIREMENTS
A. Whenever land disturbing activity is undertaken on a tract, a ground cover sufficient to restrain
erosion must be planted or otherwise provided within 15 calendar days on that portion of the
tract upon which further active construction is to being undertaken.
B. If any earthwork is to be suspended for any reason whatsoever for longer than 15 calendar
days, the areas involved shall be seeded with vegetative cover or otherwise protected against
excessive erosion during the suspension period. Suspension of work in any area of operation
does not relieve the Contractor of the responsibility for the control of erosion in that area.
Page 2

PART 4 - CONSTRUCTION PHASE
4.1 PRACTICES
A. Avoid dumping soil or sediment into any streambed or watercourse. Backfill for stream
crossings shall be placed dry and compacted to minimize siltation of the watercourse, where
applicable.
B. Maintain an undisturbed vegetative buffer where possible between a natural watercourse and
trenching and grading operations.
C. Avoid equipment crossings of streams, creeks, and ditches where practicable.
PART 5 - SEDIMENT CONTROL FEATURES
5.1 GENERAL
A. All devices (silt fences, retention areas, etc.), for sediment control shall be constructed at the
locations indicated prior to beginning excavation on the site. All devices shall be properly
maintained in place until a structure or paving makes the device unnecessary or until directed
to permanently remove the device.
5.2 DESIGN APPLICATIONS
A. Mulch shall be used for temporary stabilization of areas subject to excessive erosion, and for
protection of seed beds after planting where required.
1. jute, mesh, etc. should be installed as per manufacturer's instructions.
B. Silt fences shall be used at the base of slopes and in drainage swales to restrict movement of
sediment from the site. Straw bales may be required for reinforcement.
C. Riprap shall be used at the proposed outfall pipes as indicated on plans.
D. Establish vegetative cover on all unpaved areas disturbed by the work.
1. Preparation of Seedbed. Areas to be seeded shall be scarified a depth of 6 inches until a
firm, well -pulverized, uniform seedbed is prepared. Lime, phosphorous, and fertilizer
shall be applied during the scarification process in accordance with the following rates.
a. Lime -- 2 ton per acre
b. Nitrogen —100 pounds per acre
C. P2Os — 200 pounds per acre
2. Seeding. Disturbed areas along roads and ditches shall be permanently seeded with 10-20
pounds per acre of centipede during the period from March through September. Seeding
performed during the period from April to August shall be temporarily seeded with 40
pounds per acre of German Millet. The permanent vegetative cover will be over seeded at
the earliest possible time as specified above.
3. Mulch all areas immediately after seeding. Mulch shall be applied and anchored as
specified hereinbefore.
Page 3

5.3 MAINTENANCE
A. The Contractor shall be responsible for maintaining all temporary and permanent erosion
control measures in functioning order. 'Temporary structures shall be maintained until such
time as vegetation is firmly established and grassed areas shall be maintained until completion
of the project. Areas which fail to show a suitable stand of grass or which are damaged by
erosion shall be immediately repaired.
5.4 REMOVAL OF SEDIMENT CONTROL DEVICES
A. Near completion of the project, when directed by the Owner's agent, the Contractor shall
dismantle and remove the temporary devices used for sediment control during construction.
All erosion control devices in seeded areas shall be left in place until the grass is established.
Seed areas around devices and mulch after removing or filling temporary control devices.
END OF SECTION 02410
Page 4

�MtLMG
LAND MANAGEMENT GROUP v;c,
Environmental Consultants
July 31, 2014
Mr. Dan Weeks
Paramounte Engineering, Inc.
5911 Oleander Drive, Suite 201
Wilmington, NC 28403
Reference: Soils Borings for Proposed Stormwater BMP for FEYC, Wilmington NC.
Dan,
On Wednesday, July 23, 2015 Land Management Group, Inc. evaluated the soils
for the proposed relocation of -the FEYC tennis court facility. The purpose of the
evaluation was to conduct soil borings within the footprint of the storm water burp to
provide general -uidance for the depth to the seasonal high water table (SH WT) and
quantify infiltration rates and depth to seasonal high water table for the project engineer.
The area evaluated is shown below in Figure One.
P;,zILI-
...4,,. :. "``-- "yy4'1�''�Y.'',`,7�C\, 1':. 1�,�,��`:'..•� a �'�,,.y
H iati re t

The soils were identified and mapped on the site as the Newhan series. The
seasonal high water table is normally evident by observation of redoximorphic features
suggesting past conditions of saturation and reduction. Seasonal high water table at soil
boring one is 51 inches below the ground surface and 64 inches below the soil surface at
soil boring 2. Soil permeability rates for these soils is high, > 12 inches per hour. Even
using a%50 reduction, these soils would be well suited for infiltration BMPs.
In summary, this site has areas that are proposed for stormwater BMP. This
report is preliminary and intended for planning purposes. It is expected that these soils
will be considered suitable for stormwater infiltration by NC DENR DWQ. Please do not
hesitate to contact ine if you have any questions with this report or if you wish for LMG
to perform any additional site specific studies in accordance with the NC DENR DWQ
guidance memo. If you have any questions about this report or need any additional
information l may be reached at 910-452-0001, 910-620-1 137 or at
ct u rneaR,liz� �roup.net.
Sincerely,-}
J
G. Craig Turner
Vice President
Land Management Group, Inc
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
910-452-0001: Office
910-452-0060: FAX
910-620-1 137: Cell
cturner a Imgroup.net
N.C. Licensed Soil Scientist, 41091
S.0 Certification
Number 57
S\1OLW5
cPu,nA-Q-s
wwwAintiroup.net • info�r),inwroup.nct • Phone: [phone] • Fax: 910.452,0060
3805 WrightsviIle Ave., Suite 15, Wilmington, NC 28403

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Hydrologic Soil Group —New Hanover County, North Carolina
Hydrologic Soil Group
Hydrologic Soil Group— Summary by Map Unit — New Hanover County, North Carolina (NC129)
Map unit symbol Map unit name Rating Acres in AO! Percent of AOI
Nh Newhan fine Sand A 2.s 100.0%
Totals for Area of Interest 2.8 T 100.0%
Description
Hydrologic soil groups are based on estimates of runoff potential. Soils are
assigned to one of four groups according to the rate of water infiltration when the
soils are not protected by vegetation.. are thoroughly wet, and receive precipitation
from long -duration storms.
The soils in the United States are assigned to four groups (A, B, C, and D) and
three dual classes (AID, BID, and CID). The groups are defined as follows:
Group A. Soils having a high infiltration rate (low runoff potential) when thoroughly
wet. These consist mainly of deep, well drained to excessively drained sands or
gravelly sands. These soils have a high rate of water transmission.
Group B. Soils having a moderate infiltration rate when thoroughly wet. These
consist chiefly of moderately deep or deep, moderately well drained or well drained
soils that have moderately fine texture to moderately coarse texture. These soils
have a moderate rate of water transmission.
Group C. Soils having a slow infiltration rate when thoroughly wet. These consist
chiefly of soils having a layer that impedes the downward movement of water or
soils of moderately fine texture or fine texture. These soils have a slow rate of water
transmission.
Group D. Soils having a very slow infiltration rate (high runoff potential) when
thoroughly wet. These consist chiefly of clays that have a high shrink -swell
potential, soils that have a high water table, soils that have a claypan or clay layer
at or near the surface, and soils that are shallow over nearly impervious material.
These soils have a very slow rate of water transmission.
If a soil is assigned to a dual hydrologic group (AID, BID, or CID), the first letter is
for drained areas and the second is for undrained areas. Only the soils that in their
natural condition are in group D are assigned to dual classes.
Rating Options
Aggregation Method: Dominant Condition
Component Percent Cutoff: None Specified
Tie -break Rule: Higher
Natural Resources Web Soil Survey
Conservation service National Cooperative Soil Survey
515/20 t 6
Page 3 of 3

USGS MAP

NC DENR - DIVISON OF WATER
QUALITY
28 .0300
.0311 CAPE FEAR RIVER BASIN
Class
Name of Stream
Description Class
Date Index No.
Intracoastal Waterway
From the eastern mouth of SA;ORW
01/01/90 18-87-(11.5)
Old Topsail Creek to the
western mouth of Howe Creek
Topsail Sound and Middle
All waters between the SA;ORW
01/01/90 18-87-11.7
Sound ORW Area
Barrier Islands and the
mainland located between a
line running from the
western most shore of Mason
Inlet to the southwestern
shore of Howe Creek and a
line running from the
western shore of New
Topsail Inlet to the
eastern mouth of Old
Topsail Creek
Old Topsail Creek
From source to Intracoastal
SA;HQW
08/09/81
18-87-12
Waterway
Howard Channel
From Old Topsail Inlet to
SA;ORW
01/01/90
18-87-13
Intracoastal Waterway
Mill Creek (Betts Creek)
From source to Intracoastal
SA;HQW
06/09/81
18-87-14
Waterway
Long Point Channel
From Old Topsail Inlet CO
SA;ORW
01/01/90
18-B7-15
Intracoastal waterway
Green Channel
From Rich Inlet to
SA;ORW
01/01/90
18-87-16
Intracoastal Waterway
Cedar Snag Creek
From Green Channel to
SA;ORW
01/01/90
18-67-17
Intracoastal Waterway
Butler Creek
From Nixon Channel to
SA;ORW
01/01/90
18-87-18
Intracoastal Waterway
Futch Creek
From source to Intracoastal
SA;HQW
06/09/81
18-B7-19
Waterway
Nixon Channel
From Rich Inlet to
SA;ORW
01/01/90
18-87-20
Intracoastal Waterway
Middle Sound
Entire Sound
SA;ORW
01/01/90
18-87-21
Pages Creek
From source to Intracoastal
SA;HQW
08/09/81
18-87-22
Waterway
Howe Creek
From source to Intracoastal
SA;ORW
01/01/90
18-87-23
Waterway
Intracoastal Waterway
From the western mouth of
SA;HQW
08/09/61
18-87-(23.5)
Howe Creek to the southwest
mouth of Shinn Creek,
exclusive of the
Wrightsville Beach
Recreational Area
Page 62 a1-69 2013-12-09 M45:30

Ik,- Prepared By: Jerry C. Woodell of Marshall, Williams, Corham 6 Brawley
Mail To: Figure Eight Island Club, Inc., 15 Bridge Read, Figure Eight Island,
Wilmington, North Carolina 28405
STATE OF NORTH CAROLINA
LIMITED WARRANTY DEED
COUNTY OF NEW HANOVER
W
THIS LIMITED WARRANTY DEED made this 8th day of August, 1983, by and between
T1�B WILLIAM LYON COMPANY, a California corporation, Grantor, and FIGURE EIGHT
ISLAND CLUB, INC., a North Carolina corporation, Grantee.
N
o The designation "Grantor" and "Grantee" as used herein shall include said
eo
parties, their successors and assigns.
W ITNESSETH:
That the Grantor, for the sum of One Dollar ($1.00) and other valuable
consideration paid by the Grantee, the receipt of which is hereby acknowledged,
has and by these presents does grant, bargain, sell and convey unto the Grantee
In fee simple, those certain lots or parcels of land situated in Harnett Township,
New Hanover County, North Carolina, and more particularly described as follows:
cO SEE EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF
V BY THIS REFERENCE.
TO HAVE AND TO HOLD the aforesaid parcels of land and all privileges and
appurtenances thereto belonging to the Grantee in fee simple.
And Grantor does hereby covenant that it has done nothing to impair such
title as Grantor received and that it will warrant and defend the title against
the lawful claims of all persons claiming by, through, under or on account of
Grantor, except for the exceptions hereinafter stated,
This conveyance is made expressly subject to the exceptions set forth in
Schedule 1 attached hereto and incorporated herein by this reference.
IN WITNESS WHEREOF, THE WILLIAM LYON COMPANY, has caused this instrument
to be signed in its Corporate name by its duly authorized officers and its seal
to be hereunto affixed by.authority of its Board of Directors, the day and year
first above written.
THE WILLIAM LYON CQHPANY
ATTEST: _ _ Presi�ent
flS�LtlX+> �•SCezete:y
RECORDED AMD YERLFi£D
_ ' : i►�" '��;
REBECCA F. TUCKER
OYDfR Co. NC
NEWIKA
ant 16 1 os rM'B3

BOUr PAGE
1231 0737
EXHIBIT A
TRACT #1:
Beginning at a paint in the Eastern right of way lire of the Atlantic
Intracoastal waterway; said Beginning Point being South 42' 11' 42" East
1.305.72 feet from the U. 8. Coast and Geodetic S z-vey Station-dowe", said
survey station having North QLMlim Grid Coordinate N 188,448.47 E. 2,
370,435.92. ruining therKM fr m said Beginning Point with said right of way line
North 36' 01' 36" Fest 5,828.52 feet to a point; thence North 33' 23' 36" Feast
796.77 feet with said right of way lire to a concrete mum ment an the South side
of the causeway lending to Figure Eight Island; thence continuing with said
riot of ray North 33' 23' 36' East 202.20 feet to a concrete monument on the
North side of said causemy; thence contan uang along said riot of way North 33'
23' 36" East 1,344.11 feet to a point in the division lire between the Figure
Eight Island Company, Inc. and Quampion bidXXM11 Davis; thence alag said
division line South 60' 34' 24' East 3,732.66 feet to the mean high water line;.
thence in a Southerly direction with the mean high water line to the causeway;
these in a Westerly direction and with the moan high water line to the eastern
right of way of the said Intracoastal Waterway; thence South 33' 23' 36" West
513.20 feet to the mean high water line on the South side of the said causeway;
thence in an easterly direction with the mean hick water line and the causeway
to the West side of Figure Eight Island at the mean high rater line; theme in a
Southerly direction and with the high water line of the Western side of Figure
Eight Island approximately 3 1/2 miles to a point where the mean high water lire
intersects the Oliver Hutaff line; thence with the division line between the
Figure Eight Island Company, Inc. and Oliver Hutaff North 60' 39' 43" West
approrimm►ately 4,131 feet to a point in the Eastern riot of way line of the
Atlantic Intracoastal Waterway; thane with the Eastern right of way line of
said Waterway North 36' 01' 36" East 2,553.98 feet to the point of Beginning;
this being the same tract of land described as TRACT No. 3 (MA.ii4IIMM) in that
deed recorded iu Bodo 1046 at Page 350 of the Now Hamvar County Registry.
Including the above description the following pxnperty leased to the State of
North Carolioa: HfYaINNM at the Beginning Point described in the above Tract
and running thence fzm= said Beginning Point with the Eastern right of way line
of the Atlantic Intracoastal waterway North 36' 01' 36" East 4,096.72 feet to a
point in said right of way; trance South 60' 39' 34' Fast approximately 3.000
feet to the edge of Mason's Channel; thence in a Southerly direction with
Mason's Channel to a point which bears South 42' 11' 42" East approsimmtely
2,300 feet from the Beginning Point; thence North 42' 11' 42" West
approximately 2,300 feet to the paint of beginning as shown on a map prepared
by Precise 0ontrols, Inc. of Raleigh, North Carolina; the s he being that tract
under lease to the State of North Carolina recorded in Book 848 at Page 507 of
the New Hanover Cohnty Registry;
TRAM #2:
BMINNING at a point wdnicn is the sotrUvestern Corner of Int 84, Block B,
Section 18-(Ints 72-91, 120-129), Figure Eight Island as the same is shown on a
map thereof recorded in Nap Book 18, Page 89, of the New Hanover County
Registry. State of North Carolina, which said southwestern cornet is in the
right of way of a aml-de-mc on the north end of Comber Fmd and which said
point is also the southeast coiner of a 20 foot utility easement as shown on
said mu,p; raring thence along and with the right of way line on the col -de -sac
on the northennd of said Comber Road with a curve to the left having a radius of
50 feet an are distance of 20.24 feet to the southeast corner of Lot 127, Block
B. Section 18 as shown on said mmp; naming thence along and with the eastern
lire of said 19'_ 127LBlor k B, Section 18 and the Western line of said 20 foot
utility easement- uorth 42' 00' OD" East 178.35 feet, more or less, to a corner
of Lot 128, Blbdk'B,--Section 18, as showm an said map, which said corner of
said lot 120 . in the right of way line of a aul-de-sac on the soothe_. end of
Inlet Hook Road as shown on said map; running thence with the said right of way
line of said cul-de-sac on the southern era of Inlet Hock Road and a Hove to
the left having_a radius of 50 feet an arc distance of 20.20 feet to the
Westernmost corner of lot 83, Block B, Section 18, Figure Eight Island, m the
said cul.--de-sac on the south end of Inlet Hock Road, all as sham an said map;
running thence with the western line of said Lot 83 and the eastern line of
said 20 foot utility easement South 42' 00' 00" West 182.29 feet, more or less,
to the Point of Beginning; the same being that portion of land on said map
which is designated as a 20 foot utility easement.

8ernr 'd6E
1231 0738
TRACT 43n TRACT SOIRhOD FIGME EIGHT ISLAND
Being all of those parcels or tracts of real property shown on and designated
as 'Inn FIGM EIGHT ISLAND CCMPMY' and 'ELMkn FASE1+hNV' an that map of
Sections 11 and 12 Figure Eight Island recorded in Map Book 14 at Page 3 of the
New Hanover cmrty Registry, State of North Carolina, vtdc h said tracts or
parcels of real pacperty are bounded as follow.: an the North by the Southern
Line of Iot 187 Section 12 Figure Eight Island and the Southern ].ins of the
right of way of a cul-de-sac an the South end of Beach load South, all as shown
on mid =p; on the fast by the Wrstarn line of lot 188 Section 5 Figure Eight
Island as sx*m on a map of &action 5 Figure Eight Island recorded in Map Book
13 at Page 20 of the New Hatxa+er County Registry and by the western line of
that tract of real property described as Tract 8 in that certain deed recorded
in Book U33 at Page 1584 of the New Hanover Damty Registry: on the South by
the Oliver C. H utaff line, and an the West by the mean hick water nark of
Mason's Charnel; reference to which said map of Sections 11 and 12 Figure Eight
Island is hereby made for a acre particular description.
TRACT 44: MMM AREA S MOR 18 - BLOCK B - MAP SOCK 18 PAGE 87
Beginning at a point ai hich is shown on the Map of Sectim 18, Block B (Lots
30-60), Figure Eight Island recorded in top Bode 18 at Page 87 of the New
Hanover Qxmty Registry which is South 22' 44' 42" West 46.92' frum a point
having North Carolina Grid Coordinates North W 199,480.651 Fast (y)
2,385,230.419 as sham on Van Oesen Survey Map recorded in Map Book 12, Page 22,
and as shown on Fred P. Hobbs Survey Map recorded in Map Book 12, Page 43, all
of the New Hanover County Registry, State of North Carolina, and the said point
also being shoo and designated on the map of Section 18 Block B (I!)ts 30-60)
Figure Eight island as follows: "NOiClfi C MUL.M UME GRID CWMIWMS, N. 199,
480.651, E. 2,385,230.419 - POINT ON VON CESEN S1RVEY MAP BOOK 12 PAGE 22 CF
THE NEW HANOVStMM Rd7GLSTRY-; running thence frtm said Begimting Point along
and with that'ontain 'PMPEIUY MW (for fuller description of said Property
Line see Map recorded in Map Bode 12 Page 43 of the New Hanover Omxrty Registry)
as shown an said sap of Section 18, Block B (lots 30-60), Figure Eight island as
hollows: 1 hence with a tangent line South 22' 44' 42' west 168.01 feet to a
point of curvature; thence with a curve to the left having a radius of 859.57
feet and an are length of 393.01 feet to a point; thence South 03' 27' 00" East
156.08 feet to a point of curvature, thence with a curve to the right having a
radius of 592.49 feet and an arc distance of 330.71 feet to a point; running
thence along the mean high water mark of Nizon's (or Banks) Channel as shown co
said map of Section 18 Block B the following courses and distances. thence
North 75' 52' 55" last 238.80 feet to a point; thence North 12' 38' 04' East
325.18 feet to a point; thence North 55' 40' 50" Zaat 203.73 feet to a point in
the rKwth line of Lot 38, Block B, Section 18 as shown on said nsp of Section
18, Block B (Lots 30-60). Figure Eight Island; running thence along and with the
northern Lines of Lots 30, 39, 40 and 41, Block B. Section 18 as shown on said
map of genic+ la, Block B (lots 30-60). Figure Eight Island the following
courses and distances: thence North 75' 02' 48" East 375.29 feet to a point;
thence North 31' 52' 19" East 247.08 feet to a point which is the southernmost
oorser of that tract described herein below as TRACT 5 ; rimming thence with the
southern line of said TRACT' 5 the following courses and distances: thence North
%" o4' 16' West 399.14 feet to a point; thence South 85' 56' 46" West 267.96
feet to a point; thence South 22' 15' 32" West 320.08 feet to a point; running
thence along and with the Western line of said TRACT 5 the following courses
and distances: thence forth 20' 05' 24' hest 211.60 feet to a point; thence
North 10' 09' 39' East 111.77 feet to the Point of Beginning.
TRACT 45: OESI[NA=.AREA-RYrtM RESIDEMAL-SBC'PICN 16 BLOCK B-MAP BOCK 1B
Beginning at a point iAuch is the northerrm3st corner of lot 46 Block B Section
18 Figure Eight Island, as shown on a nap of Section 18 Block B (Lots 30-60)
Figure Eight island recorded in Map Back 18 at Page 67 of the New Hanover
Omznty Rogurtry, on the western end of a cul-de-sac at the end of Beach Road
North as shearm said map: running thence from said Beginning Point along and
with the cave of the right of way line of said cal -de -sac on Beach Road North
as it curves to the right, having a radius of 50 feet an are distance of 38.37
feet to the southhernrroet corner of Lot 58 Mock B Section 18 as shown an said
map; running these a long and with the southern line of said Lot 58 Block 8
Section 18 the following courses and distances: North 87' 24' 00' West 234.92

BOO► ?AGE
1231 0739
feet to a point; thence North 31' 27' 42" West 151.61 feet to the northernmost
corner of said hot 58 Block B Section 18 arhd a point in the mean high water of
Nizos's Channel; running thence along the moan high rater mark of said Nixon's
Charnel the following courses and distances: South 57' 20' 26" West 50.66 feet
to a point; thence South 49' 42' 09" hest 50.16 feet to a point; thence South
54" 50' SB" West 100.01 feet to a point; thence South 58' 51' 16" West 50.12
feet to a point; thence South 78' 47' 59" West 49.87 feet to a point; thence
South 74' 54' 20" Weet 50.90 feet to a point; thence South 60' 48' 41' West
250.58 feet to a point; thane South 62' 24' 39' West 100.08 feet to a point;
there South 65' 50' 50" Wast 50.01 feet to a point; thence South 70' 24' 44"
West 50.25 feet to a point; thence South 66' 25' 11" West 100.05 feet to a point
in that certain line designated as "PPOPEMY 14=' on the said map of Sectim 18
Black B (fats 30-W) Figure Eight Island (for fuller description of the property
lice see tlap Bock 12 Page 43 New Harnneer 0ouHHty Registry); running theme South
10' 09' 39" West 111.77 feet to a point; running thence South 20' 05' 24" last
211.60 feet to a point; rahni.ng thence Borth 22' 15' 32" Fast 320.08 feet along
the mean high water mark as shown on said map of Section 18 Block B (lots 30-60)
to a point; running thence North 85' 56' 46" Bast 267.96 feet along the mean
high water line to a point; running theme South 56' 04' 16" East 399.14 feet
along the mean high water mark to a point in the western Lune of ]rot 41 Block B
Section 18 as shown on said map; running thence along and with the western Like
of Lots 41, 42, 43, 44, 45 and 46 Block B Section 18 as shown on said map of
Section 18 Block B (lots 30-60) North 37' 50' 37" East 576.07 feet to the Point
of Beginning; the same being all of that parcel or tract of lard designated and
drown on 'P88PER Y OF OONrIN1VTAL ILLMIS F EM=-FUTURE RESIDWrIAL CRIER=
ALTIVITIFS" on the said map of Section 18 Block B (rot" 30-60) Figure Eight
Island recorded in Map Book 18 at Page 87 of the New Hanover County Registry.
TRACT i6: WELL SITE
Being all of that certain tract and parcel of real property designates as
'R'RACT 33: FUTURE wF SI'CE-soon N 18-mDOC B-w now 18 PAGE 90" in that
Warranty Deed recorded January 16, 1 , in Hoek 1163 at Page 228 as the acme
is shown an a map captioned 'Sheets 6 of 7 Lots 92-119 Section Eighteen -Block B
Figure Eight Island" recorded in Map Book 18 at Page 90, all of the New ifanaver
03unty PagistrY-
TAALT 47: WELL SrM
BW.INNING at a point which is the southernmost corner of Lot 1 Section 10
Figure Eigt Island in the eastern riot of way lion of Skimmer Tt)ad all as
shown on the asp of Sections Eight, Kim and Ten Figure Eight Island rrxordcd
in Map Bonk 13 at page 47 of the New Hanover Oomty Registry, State of North
Carolina; mashing thence along and with the southern line of said Iot 1,
Section 10, Figure Bight Island, North 54' 17' 57' East 200 feet to a point in
the southern line of said Hat 1 Section 10; running thane in a southeastwardly
direction to a point in the western right of tray of Beach Road South which said
paint is North 36' 52' 14" Fast 250 feet frua the beginning point of a curve to
the right in the said Western right of way line of Beach Road South where the
rnrthem right of Tray line of the connecting road hetti een Skimmer Road and
Beach Road South intersects with the said Western right of ray line of said
Beach Road South; as shown on said amp of Sections 8, 9 and 10 running thence
along and with the said Western right of way lithe of said Beach Road South,
South 36' ST 14' West 250 feet to a point of curvature; running thence with a
curve to the right having a radius of 20 feet an arc distance of 31.42 feet to
a point in the northern right of way line of a 60 foot right of way leading to
gr.i,R,wr Road as shown on said map of Sections 8, 9 and 10 Figure Eight Island;
running thews .with the northern right of way line of said 60 foot right of way
North 53' 07' -46' _West 148.66 feet to a point of curvature; running thence with
a curve to the right having a radius of 20 feet an arc distance of 21.81 feet
to a point in the eastern right of way line of said S1kum er Road as the same is
shown on said rep of Sections 8, 9 and 10, Figure Eight Island and a point of
curvature; running thence along said eastern right of way line of Skirmwrr Road
and a curve to the left having a radius of 530 feet an arc distance of 107.38
feet to the paint of Beginnihrhg; the same being the southern end of said TRACT
24 in the deed recarhed in Bock 1163 at Page 228, et seq.
TRACr I8: CN)SEWAX TRACT
BMI1MN" at the concrete morwoent on the South side of the causeway leading to
Figure Eight Island and in the Eastern right-of-uay of the Atlantic

8M PIGE
1231 0740
Intracoastal Waterway, said mono nt laving a North Carolina Grid Co-ordinate
of North W 192,860.132 and East (y) 2,375,179.583, thence running with the
riot-0f-,way of the Atlantic Intracoastal Whtervay North 33' 23' 36' Fiat
202.19 feat to anothar , - - n to cis mnnarlt having a north Carolina Grid
0.rordinete of North (x) 193,028.981 and an East co-ordinate of East (y)
2,375,290.809; t1lencie continuing along the Atlantic Intracoastal Waterway North
33' 23' 36' East 129.97 feet to a point uhidl intersects the Mean High 14zter
line of the Intracoastal Waterway and the cauaerey leading to Figure Eight
Island; thence along the mean high water line of the North side of the
c imeway, the following courses and dietannear South 62' 31' 10" Nast 69.25
feet, South 37' 15' 15' But 141.17 felt, South 67" 19' 43" East 388.42 feet,
South 65" 43' 27" Fast 378.84 feet, Synth 66' 31' 57' East 171.84 feet, South
75' 16' 50' East 86.08 feet, South 24' 19' 37' East 31.70 feet, South 68' 41'
32" East 230.20 feet, South 63' 54' Or East 344.50 feet, South 72' 42' 47" East
290.15 feet, South 63' 00' 50' East 277.58 feet, south 67' 34, Or Nast 308.86
feet, South 63' 52' 14" East 311.05 feet, South 6B' 52' 2B" East 30B.52 feet,
South 87' 59' 02" Nast 222.18 feet, Ninth 82' 59' 37" East 165.19 feet, North
46' 04' 45" East 301.98 feet, North 62' 44' 57" East 200.66 feet, North IV 14'
39" West 305.84 feet, North 37' 00' 15' East 49.40 feet to a paint in the
Southe m line of the old N. N. Ni>on Grant as recorded in Bode EE Page 177 and
now recorded in Map Book 12 Page 43 as a division lire between The Figure Eight
Island 000Papy and the ChMPion M iowelll Davis Line; thence with said line South
60' 30' 12" East 185.86 feet to a paint in a curve; therm with a curve to the
left having a radius of 219.01 fact aid an arc length of 115.70 feet; thence
with a curve to the right having a radius of 151.69 feet and an arc length of
77.94 feet to a point in the aforesaid property Pure and the Mean HiSh Water
lane; thence anti g with the Mean Sigh hater trine North Bl' 57' 15' East 195.53
feet to a point being the northwest most Corr of not 201 Section 15 Figure
Eight Island as recoxxW in Map Book 13 Page 48, New t aiviver C oux" Registry,
rLumnng thence with said lot lire of said Lot 201 South 20' 35' 06" East 408.96
feet to a paint in the northern most right of ray of Beady Road North; running
thence Smith 20' 35' 06" East to a point in the centerline of said Beach Road
North; running thence Scuthrestwardly along and with the centerline, of said
Beach Road Nadir to the paint of intersection of the Marline of Beady Road
North with the centerline of Beath Road Sauk; thecae continuing with the center
Lim of said Beady Brad South and the division lire of the club house site and
the causeway the fallowing daps and distances. South 16" 19' 22" East 145.24
feet to a paint of curve; thence continuing with said division line with a curve
to the left having a radius of 301.32 feet, an arc length of 193.11 feet to a
point of reverse curve; thence continuing with said division line and said road
with a curve to the right having a radius of 383.91 feet, and an arc length of
250.70 feet to the intersection of said Beard Road South and Beads Bay lane;
thence continuing with said Began Bay Lane in a Westerly direction the following
courses and distances: youth 72' 22' 26" West 53.76 feet to a point of curve;
thence continung with the center Tune of said road and ,nctirn 13 with a save
to the right having a radius of 167.68 feet and an are length of 234.40 feet to
a point of tangency; thane oontinuing with said road and Sectim 13 North 27'
31' 56' West 48.99 feet to the dater line of the cul-de-sac; thence North 12'
13' 53" East 50.00 feet to the most saatheas* corner of Lot #9 as shown on
Section 13 reaarded in the Bode of Maps 14, Page 4 of the New Hanover sty
Register of On- ; thence with the rnrthern lot lire of Lot #9 and the causeway
division line, North 29' 37' 40' West 133.80 feet to a point; thence North 68'
49' 10" West 598.00 feet to a paint in the Mean High Water line of the southside
of the causeway and the northwest mst corner of lot #9 as recorded in aforesaid
Bock of Maps; thence along the Mean High hater Line and with the southern most
side of the causeway the following courses and distances. North 68' 03' 30"
West 2B9.06 feet, Huth 69' 11' 59' West 180.71 feet, North 60' 31' 34" West
250.31 feet, *o'ith 67' 52' 28" West 366.31 feet, North 65' 13' 24' West 164.45
feet, North 64'-50'.20" West 215.63 feet, North 62' 10' 31" West 182.78 feet,
North 66. 54' 52' seconds West 192.58 feet, North 62. 59' 58' West 122.73 feet,
North 65' 57' 14' West 176.23 feet, Muth 65' 54' 52' West 140.05 feet, North
67' 19' 02" West 352.10 feet, North 66' 02' 10' West 146.92 feet, North 65' 21'
35' West 14B.66 feet, South 79' 23' 39' West 270.39 feet to a point in the Henan
High Water lirre and the intersection of the Atlantic Intracoastal waterway;
thence with said waterway North 33' 23' 36' Fist 181.03 feet to a axKxe e
morruaent, the said point of beginning; the setae: being that tracct of land
described as TPACC 11 (C3rumw) and a portion of that tract of lard described
as TP.%CT 12 (Club House site) in that deed recorded in Hook 1050 at Page 333 of
the New Hanover 0oui ty Regi6try.
E](Ci?TDC. M OHM, frtm the conveyance of the above referenced tract so

800►. Fd6f
1231 0741
much of the riot of way of Beach Road North, Beach fbad South and Beachbay
lane as may be wdthn the hereinabawe des=Ibed tract of land and which lam
heretofore been conveyed to Figs "8" Brach Fbneowner's Association, Inc. by
deed regarded in Book 1172 at Page 566 of the New ftxover County Registry:
and,
F3UFXPFM, RMI-M. from the operation of this conveyance that certain
portion of the hereirabom tract which has heretofore been conveyed to Figure
W Beach Homeowner's Association, Inc. by deed recorded in Book 1172 at Page
566 and described therein on page 11 of said deed as TRWT Tr and being more
fully described as followsr
Beginning at a point which is the southeastern corner of lot 9, Block B,
Section 13, Figure Flight Island, as the sane is shown on a cop thereof recorded
in Map Bock 14. Page 4, of the New Hanover Csxmty Aegi.stry, State of North
Carolina, rhidh said point is in the northern right of way line of a cal-de-eac
on the north end of Beachbay lane as shown on said imp; running theme from
said Beginning Point. North 29' 37' 40" Went along the eastern line of said lot
9, Block B, Section 13, 133.80 feet to the northeastern corner of said Lot 9,
Block B. Section 13. running thence along a line the — as though the said
eastern Line of said lot 9 was ester northwardly, North 29' 37' 40' West to
a Point in the cenerline of Bridge Fbad as the ram is shown an said nap;
running thence in an easbaardly direction along and with the centerline of said
Bridge Hoed to the point of inter'sec_•ti.on of the centerline of said Bridge Road
with the centerline of Beach Road South as shown oh said sap: running thence
with the centerline of said Beach Road South South 18' 19' 19" East 145.23 feet
to a point of curvature; naming thence with the said centerline of Beach Load
South and a curve to the left having a radius of 3D1.32 feet a tangent of 100
fleet, an are distance of 193.11 feet and a cord distance of 189.82 feet to
another point of curvature; naming thence with the said centerline of Beach
Road Smith and a curve to the right having a radius of 393.91 feet, a tangent
of 130 feet, an arc distance of 250.70 feet and a chor distance of 246.26 feet
to the point of interaw im of the centerline of Beach Load South with the
aern. w3 ine of Bsadtay Lane, as shown on said map; running thence south 72' 22'
22- Nest with the centerline of said Beachbay lane 53.76 feet to a point of
curvature; ure; naming thence with the centerline of said Beachbay Lane and a curve
to the right having a radius of 167.6E feet, a tangent of 140.93 feet, an arc
distance of 234.4 feet and a chord distance of 215.78 feet to a point; running
thence with the cwterline of said Beachbay Lane North 27' 32' OD" West 48.99
feet to the center of a cvl-de-sac an the North end of said Beachbay Lazne;
running thence in a northeastwardly direction. 50 feet, hmre or less, to the
point of Beginning; saving and excq* .ng, however, from the operation of this
oonveyance so much of the right of ways of Beadtay lane, Bridge Read and Beach
Road South as may be within the hereirabove described tract of land.
TRACT #9; MVIDUAW TRACT
Said property is on Middle Sound, being all of Lots 3 and 4 of the Gross and
French Tract, wdhidh was subdivides and called "Edgewater', the said lots being
particularly described as follows: BF.IRMU at a stake in the Eastern line of
a 30 foot road, the northwest oorner of Tract #2, of Edgewater {the said
beginning point located from an iron pipe in the Southwest corner of the Gross
and Frendb tract of lard as follows: Begin at the said iron pipe, rums thence
South 44 degrees 25 mins. East along the said Goss and French and Batson L.ihhes
abort 387 feet to a point where this line intersects the Eastern lines of the
above hmntioud 30 foot road, as shown on plan of Gross and French Subdivision
called "Edgewater"; thence ]forth 3D degrees Fast along the Eastern line of said
30 foot road, 192.9 feet to the Beginning corner); and runs thence firm the
said beginning stake North 3D degrees East along the Eastern line of said 30
foot umd, 20D feet'to the Southwest corner of lot #5; rura" theahce South 60
degrees Fast with and along the dividing line bed Lots 4 and 5, of
e dgeater Subdivision, a distance of 1431 feet to a stake in the western
shoreline, the same being an iron stake located in the dividing line between
Lots 4 and 5 of B39ewater Subdivision at a point where said dividing Iire
intersects the highrater line of Middle Sand as shown by the Map of
"Edgewater- and recorded in Map Book 2, at page 113, in the office of the
Register of Deeds of New Hanover Qxnty, running thence from said stake and
along the dividing line between said Lots Wnbers 4 and 5, South 60 degrees
East approximately 420 feet to the Western right of way of the Inlana Waterway,
running thence Southhardly with the said Western right of way of the Inland
Waterway 200 feet to a stake in said line marking the corner between Lots 2 and
3, of said Edgewater Subdivision; thence North 60 degrees West along the

Mr. PACE
1231 0742
dividing line of said lets 2 and 3 about 435 feet to the western shoreline of
Middle Sound; thence ountim g the amine course North 60 degrees West with and
along the dividing line between Into 2 and 3, a distance of 1394 feet to the
Point of BEGINIM, the same being all of Iats 3 and 4 of the Subdivision of
Edgewater, as shown by the amp reo=AW in Map Book 2 at Page 113, in the
Office of the Register of Deeds in the County of New Hannover; aryl part of which
is the marshland as Blown by a deed from the State Board of Hducsltion to D. W.
Gross and C. D. French recorded in Book 173, Page 490, in the office of the
Register of Deeds of New Hanover County.
TnOCat9 M with all elm"e nts and appiutamnces thereto including, but rot
limited to, all rigt" and easements claimed by virtue of and described in a
Deed of Easement from the Edgewater Club. Inc. to Island Development 03mparry
recorded in Book 737 at Page 236 of the New Hanover County Registry.
EKCEPTIM, FrA,lEVER, a conveyance of 1006 feet depth of Lots 3 and 4 from
the afarceaid 30 foot roadway given in a conveyance to R. L. Gould and wife,
Bernice Gould, by E. J. Hines and wife, Lillian D. Hines, they retaining into
themselves is said Cnveyaance, an easement on and over a 24 road alog the
Garth edge of Lot #2, and granting to R. L. Child and wife, Bernice Gould, an
easement over the 24 foot roadway la,adirng frrlm the 30 foot roadway, West of
Lots 3 and 4, to the said Middle Snead, said deed being recorded in Book 419,
at Page 345 in the Office of the Register of b9eds of NOW Hanover County.
AND SUBJECT F1 RMM, to a conveyance of E. J. Hines and wife, Lillian D.
Hines, to Janes M. Boylan and wife, Iris Rose Boylard, said property being
conveyed by a deed recorded in Boor 430, at Page 473 in the office of the
Register of Deeds of New Harnarer Cmmty. This deed includes an easement over a
16 foot road running across hots 3 and 4 to Lot 5, and parallel to the property
line, the East property line of the pT=**y granted to R. L. Gwld and wife,
Bernice Gould, together with a further wnannrnt to James M. Boylan and wife,
iris Rose Boylan over the 24 foot road leading fncm the 3D foot read to Middle
Sand over lot 3.
D=Pr11+r; 8UR1 M that Tract conveyed by Island Deva pment Ompany to
Hen J. Gerdes and wife. Lillie M. Gerdes. by deed dated January 22, 1969,
and recorded January 23, 1969, in Roche 849, Page 327 in the New Rmover 0ammty
Registry and more particularly described as follows: O SiINtMC at an iron pipe
in the dividing line between Tracts 4 and 5 of Edgewater as shown on map of
same recorded in Map Body 2, at Page 113 of the New Han ver County Registry,
said pipe being South 60 degrees Easst from: the orate asner of said tracts in
the Eastern line of the 30 foat road as shown on said map. said b3inair3 point
being the Northwestern comer of the tract conveyed to Island Development
Ooupany by deed recorded in Book 791 at Page 309. of said Registry; mmning
thence from said beginning point Barth 60 degrees 00 nuns. East along said
dividing Iine between Tracts 4 and 5, 160.0 feet to an iron pipe; thence Sarah
30 degrees 00 mints_ list 10.0 feet to an iron pipe; thence North 60 degrees 00
mires. Best and parallel with said dividing line 160.0 feet to an ira n pipe in
the Western line of said Islanrd Develavent Company tract; the= North 30
degrees 00 miens. East along the Western line of said tract 10.0 feet to the
pomit of SE1;IM=, the same being a portion of Tract 4 as shown on the
aforementioned map of Edgewater. SUa3Wr to the lfi foot easement held by the
Gerdes.
E7W'PM FUMM from the operation of this conveyance of the abuve
described tract that certain tract of land conveyed to Raymond C. Parker as
Trustee of the Grace S. Pittman Trust reaerded in Book 1216 at Page 1767 of the
New Hanauer County Registry and mare particularly described as follows_
BEGDRTM at an iron pipe thuch is South 60' 00' East 1.006.0' from an old
iron axle nerkirng the rnortlwRstern corner of Tract #4 of the Edge -water
Subdivision as the same is shofar on a map thereof recorded in Map Bonk 2 at
Page 113 of the New Eamver oanty Registry; running thence from said Beginning
Fbint with the northern line of said Tract 14 D39owater Subdivision South 60'
00' East 700.0' to an iron pipe in the western edge of the marsh of Middle
Sand; continuing tens the same course Spume 60' 00' East 100', mere or less,
to the western night of way line of the Intracoastal Waterway; running thence
with said right of way line abort South 37' 00' West 160' to a point bearing
North 60' 00' west from an iron pipe at the tap of a bulkhead, said pipe being
159.6' from the nDrU*rn line of said Tract i4 Edgewater Subdivision as
measured at ric�nt angles thereto; running thence North 60' 00' West 280.0' to

90Dr. PACE
1231 0743
an iron pipes running thence at right -glen South 30' 0D' West 16.4' to a roe
rail and bottles cap in the northern edge of the asphalt paverent of Bridge
Rmdt wing thrum North 60' 00' Went 300.04' to another nail and battle cap;
running thence generally with the southern, eastern and northern edge of a
pa Ving area the f Wmving c wars and distanms to a Wiest bearing North 60'
00' ilea[ 156.0' from the preceding paint. to witr
Muth 28' 37' East - 58.0'
North 2' 25' West - 27.0'
North 28' 26' hest - 18.0'
North 46' 27' heat - 25.0'
North 55' 27' Mast - 25.0'
North 76' 27' Neat - 18.0'
South 83' 34' Meat - 18:0'
South 6B' 33' was - 18.0'
Smith 55' 37' Mast - 75.4'
rmirg theme North 60' OD' Was 43.18' to a new iron pipe: running thence at
right angles North 30' DO' East 176.0' to the point of Bagimirg; the sane
azetaining 1.71 acres. ®ce ar leas, exclusive of area in the marsh of 0.85
acres move as less and being the real property as abon an a Asp thereof
recorded in Bap Book 21 at Page 63 of the New i mover Qearty liagist . North
Cawl.ina.
TbWdwr with all riparian rights, if any, lying betmen the western high
water Use of Bi3dle Snnuod and the western line of the irrtramastal Waterway.
7bgetiver with an eeswent cr riot of way in favor of Grantee in the deed
in Book 1216 at Page 1767 his heirs and assigns, over, across and through the
present paved road ]eedimj from a 3D' .road an the minln,Yl to the bridge leading
to Figure Right laland, said ---N* nor right of ray to ertead no further
eesbesrdly than the edsting gu omtri et: or access cmntrol building Located an
the north side of said rood, all as ahown m the nap of the hereikefore
conveyed tract of real property regarded in Map Bark 21 at Page 63 of the New
N mmar warty wgl8try. North chmlinla.
.v�

Boor, PkCr
1231 0744
Tb Deed From The Willimm 14Q► ompnny 7b The Figure Fight
Island Club, Inc.
A. All of the lots or panoels of real p¢opertY aon-18d by this instnmemt are
oonveyed subject to the following exceptions:
(1) Ad valorem taxes for the year 19M and subsequent years.
(2) No warranties are given as to title to any portion of the hereisabWe
described tracts or pazvels of real property which Lie below the mean hill
rater line or arty v+aters that ebb and flow with the tile-
(3) Any local, county, state ar federal gvvernamt law or regulation
relative to zoning, subdivision, ocmgwr_y. use. const^Y+;^nor development of
the subject property.
(4) All existing and recorded restrictions, enaeptic ts, reservations,
easements, rights -of -way, conditions and covenants of whatever nature
applicable to the subject parcels or tracts of real property.
(5) ne ,i,w e_t a7eement reamded in Hook 914 at Page B94 of the New
Hanover axmty Registry-
(6) As applicable, the easement for the Intraa-stal Waterway 1,OW feet
wide as rta;nei by the Mited States of America and as dv:7mn an reoarded aid
dommernted unps in the New HNXwer Oa,mty Registry. State of North Carolina-
(7) Assessments, if any, either annual or special, levied by the Figure
'A' Heath Honeowner's Association which said assesments nay aatstitute liens
against the lands describea in this conveyance-
(8) Subject, as applicable, to the ease —it recorded in Bode 924 at page
517 of the Nesw Barrner Oxxty Registry-
B. In addition to the exceptions stated in A. abode in this Schedule 1, as the
same may be applicable to TRACT 1 (MAYSHLAM TRWr) as hereinbefore
described in this limited Wuxanty Deed, the said TRACT 1 ins also Omweyed
subject to the following:
(1) SubjOM_-to-tsil and mineral rights reserved by the state of North
Carolina as reap tM 'in Bode Wl at page 478 of the Nor Hanover Wm*y
Re9istry
(2) Subjact:to-that cartain lease to the State of North Carolina over a
portion thereof. as roared in Book 84B at Page 507 of the Now Hanover Oxxhty

900? PACE
1231 0745
Registry.
(3) Subject to atry and all claims, if any. of any govenmental agency,
either federal, state or local, as to ownership er right to use thereof.
C. In addition to the exceptions stated in A. above of this Schedule 1, as the
same may be applicable to TRACT 3 (TRACT SOI UHM F== MG U ISLAM) as
h+_reinbefnre described in thin Limited Warranty Dead, the said TRACE 3 is
also conveyed subject to the following emotions at reutricticns:
(1) Subject to those certain easements to Oliver C. Hutaff et al as
recorded in Back 600 at Page 67 and Hook g54 at Page 255 of the New Hanover
County Regis"-
(2) Subject also to the restriction that this TRACe 3 shall be used rnly
as a umi3aray for pedestrian traffic cw for the planting of shnds, trees,
flowers, grass and other plants and, in general. far landscaping purposes
only.
D. In addition to the ezoeptions stated in A. above of this Sdtihile 1, as the
sass mW be applicable to TRACT 4 (? A AREA SEMCN 18--ffiAOC H-W B00R
IS PAGE 87) as heraitoefore described in this Lindted Yfammnty Deed. the
said TRACT 4 is also conveyed subject to the follawinng exceptions or
restrictions:
(1) Subject to the restriction that said TRACT 4 shall rnever to used fnr
the purpose of the building of structures thereon and shall be used, if at all,
solely and enr_lusively for the planting of shrubs, trees, flowers, grass and
other plants, and, in general, for laadscapirg puposes only.
(2) Subject to any and all claims of any goven-ental agency, either
federal, state or local, as to ownership or right to use thereof.
E. In addition to the exceptions stated in A. above of this Schedule 1, as the
same may be applicable to TRACE 5 (Desigcated Area -Future Residential -
Section 18-Block S-Map Bock 18-Page 87) as heneinbefore described in this
Limited %rranty Deed, the said TRAor 5 is oonveyed subject to the
following or restrictions:
(1) Subject to may and all chins of any goverrursttal agency, either
federal, state or local, as to aawrehip or right to use thereof.
(2) Subject to that certain Dead of Rksment recorded in Hook 1230 at
Page 1889 of the New Hanover County Registry.
(3) Subject to the terns and maditions of that certain agr�
recorded in Hook P22 at Page -�� of the New Panover Qounty Registry.

Bout PACE
1231 0746
(4) subject to the reetrictim that said TRACT 5 shall never be used for
the purpose of the eonstn ctian of any structure thereon and shall be used, if
at all, for the planting of shrL&S, trees, flowers, grass and other plants and,
in general, for landscaping p only-
F. In addition to the exceptim* stated in A. above of this Sd edule 1, as the
same may be applicable to TRACT 6 and TRKT 7 as lrseinbefore described in
this Limited Warranty Dead, the said TRWF 6 and TRACT 7 is conveyed
subject to the following restrictian:
(1) Subject to the restriction that the said TRACT 6 and TRACT 7 shall be
used only for any one or ttgre of the following- (a) the location, installation
and mgintenanoe of water wells. or (b) the planting of shrubs, trees, flowers,
grass and other plants and other landscaping purposes, or (c) the locatim of
walkway(s) iicludins3 the co—truction, repair and/on rminntenance of uncovered
wooden plank type +, W—ys.
G. In addition to the ezaeptm= stated in A. above of this Schedule 1, as the
same may be applicable to TRA T 8 (thy Tract) and TRACT 9 (Mainland
Tract) as hereiobefcws described in this Limited Werraaty Deed, the said
TRACT 8 and TRACT 9 is conveyed subject to the following exceptiaes:
(1) Subject to the rights of all the owners of real property situated an
Figure Eight Island to the use and benefit and irgresa and egress over, along
and across the streets and roadways located on the said causeway Tract
providing access to the said Figure Eight Island and this conveyance is made
expressly subject to an easement in favor of all property adwrs now or
hereafter owning real property on said Figure Bight Island for ingress and
egress over, across and thtvngh all rcaids and roadways now or hereafter located
on the said Causeway Tract uNuc n provides mnin acoe_ss from the mainland to
Figure Eight Island: pnnwided, however, that this restriction shall rot
prduibit the Grantee from relocating the existing roadway so lag as access to
the said Figure Eight Island is :m ntai„ed. Subject further to the restriction
that Grantee its. successors and assigns shall always allow access for ingress
and egress to ttie-said owners of real prop" located on Figure Eight Island.
(2) Subject to that outai.n agreement recorded in Boric 737 at Page 236 to
the riots, if any; of the members of the Bdgmater Club under said agreement.
'tyre restrictions set out hereinrabove on the varies tracts of lard
described herein shall be binding on the Grantee, its successors and assigns
and shall run with the lard.

Corporations Division
littps://www.sosnc.gov/Search/profcorp/4864827
flr North Carolina
a,
Elaine F. Marshal ETM E i`�.1T c�l- nr $ IE
Secretary SECRETARY O F STAT E
PO Bo29622 Ftalekih, NC 2762n4)�322 i919 007- 000 �
Click Here To: F
View Document Filings
Corporate Names
Prev Legal: Figure Eight Island Club, Inc.
Legal: Figure Eight Island Yacht Club, Inc.
Non -Profit Corporation Information
Sosld: 0052029
Status: Current -Active
Annual Report Status: Not Applicable
Citizenship: Domestic
Date Formed: 8/15/1983
State of Incorporation: NC
Registered Agent: Gushanas, Peter P.
Corporate Addresses
Mailing:
15 Bridge Rd
Figure Eight Island, NC 28405
Principal Office:
15 Bridge Rd
Figure Eight Island, NC 28405
Reg Office:
15 Bridge Rd
Figure Eight Island, NC 28405
Reg Mailing:
15 Bridge Rd
Figure Eight Island, NC 28405
1 of ] 5/5/2016 4:06 PM ,
I I I

0
Project Name: Bridge Road
Client:
Cothran Harris
Project Number:
15191.PE
Prepared By:
RPB
Date:
5/16116
Basin: DA #1 [PRE]
Area Calculations
PARAMOUNTE
1= N G I N IS IT fZ I N G I N C
Drainage area= 1.45 acres = 0.002 miz
Land Use Area Ac. O/o of Basin
Existing Impervious (Total) = 0.11 7.6%
Open Space - Fair 1.34 92.4%
Sum: 1.45 100%

Project Name: Bridge Road Client: Cothran Harris PARAMOUNTE
Project Number: 15191.PE N G 1 N E= M R I N G, 1 N G
Prepared By: RPB
Date: 5/16116
Basin: DA #1 [PRE] Drainage area= 1.45 acres = 0.002 mi'
Curve Number
HSG:
A
B
C
D
Sum
a/o of Basin
100.0
0.0
0.0
0.0
100.0
Land Use % of Basin
CN A
CN B
CN C
CN D
Weighted CN
Open Space - Fair 92.4
49
69
79
84
45.28
Impervious 7.6
98
98
98
98
7.45
Sum: 100.0
Sum: 52.72
Curve numbers taken from:
TR-55
Use: 53
= values input by user
= values calculated by spreadsheet

Project Name: Bridge Road
Client:
Cothran Harris
Project Number:
15191.PE
Prepared By:
RPB
Date:
5116/1 6
Basin: DA #1 [PRE]
Drainage area=
Time of Concentration
Overland Flow
Hydraulic Length =
96 ft.
Slope =
1.3
Ground Cover =
V (Figure 12.7) =
1.6 fps
T =
1.0 min.
PARAMOUNTE
N I N F� r rZt I N G, 1 N C.
1.45 acres = 0.002 mil
T, = 1.0 min. *Use 5 minutes min.

Project Name: Bridge Road
Client:
Cothran Harris
Project Number:
15191.PE
Prepared By:
RPB
Date:
5/16/16
Basin: DA # 1 ( POST]
Area Calculations
Land Use
Impervious (Total) _
Open Space - Good
Basin: DA #2 [POST]
Area Calculations
Land Use
Impervious (Total) _
Open Space - Good
PARAMOUNTE
1= N G 1 N 1= E 1-A 1 N G, 1 N C,
Drainage area= 0.51 acres = 0.001 miZ
Area (Ac.) % of Basin
0.21 41.2%
0.30 58,8%
Sum: 0.51 10011/0
Drainage area= 1.57 acres = 0.002 miZ
Area (Ac.) % of Basin
0.89 56.7%
0.68 43.3%
Sum: 1.57 100%

Project Name: Bridge Road
Client:
Cothran Harris
Project Number:
15191.PE
Prepared By:
RPB
Date:
5/16/16
Basin: DA #1 [POST]
PARAMOUNTE
N 1 NJ � 1= " I N G 1 N C
Drainage area= 0.51 acres = 0.001 mi,
Curve Number
HSG:
A
B
C
D
of Basin
100.0
0.0
0.0
0.0
Land Use % of Basin
CN A
CN B
CN C
CN,D
Impervious 41.2
98
98
98
98
Open Space - Good 58.8
49
69
79
84
Sum: 100.0
Curve numbers taken from:
TR-55
Sum
100.0
Weighted CN
40.38
28.81
Sum: 69.19
Use: 69
Basin: DA #2 [POST] Drainage area= 1.57 acres = 0.002 miz
Curve Number
HSG:
A
B
C
D
Sum
of Basin
100.0
0.0
0.0
0.0
100.0
Land Use
% of Basin
CN A
CN B
CN C
CN D
Weighted CN
Impervious
56.7
98
98
98
98
55.57
Open Space - Good
43.3
49
69
79
84
21,22
Sum:
100.0
I
Sum: 76.78
Curve numbers
taken from:
TR-55
Use: 77
= values input by user
= values calculated by spreadsheet

•
s
Project Name: Bridge Road
Client:
Cothran Harris
Project Number:
15191.PE
Prepared By:
RPB
Date:
5/16/16
Basin: DA #IL [POST]
PARAMOUNTE
Drainage area= 0.51 acres =
Time of Concentration
Overland Flow
Hydraulic Length =
332 ft.
Slope =
0.88
Ground Cover =
Pavement
V (Figure 12.7) =
1.4 fps
T =
4,0 min.
Tc = 5.0 min.
0.001 mil

•
Project Name: Bridge Road
Client:
Cothran Harris
Project Number:
15191.PE
Prepared By:
RPB
Date:
5/16/16
Infiltration Basin #1 Calculations
Stormwater Quality Requirement:
Drainage Area to System =
0.51 Ac.
Impervious Area =
0.21 Ac.
% Impervious
41.18 %
Runoff Coefficient (Rv) =
0.421 in/in
Req. 1.5" Runoff Volume =
1,168 cf
10yr. 24hr. Runoff Volume =
2,073 cf
Storage Volume Elevation =
4.61 EL.
Storage Volume Surface Area =
1,902 sf
PARAMOUNTE
EM, N G 1 " E= F= IR F N G E N [r.
Soils Information: (See Attached)
Soil Type = Newhan Fine Sand Nh
EL. At Test Location 6.00
Depth to SHWL = 55.0 in
SHWL = 1.42
Infiltration Rate = 6 in/hr (1/2 Actual rate)
Infiltration Basin Storage
CONTOUR
CONTOUR AREA
INCR.
ACCUM. VOLUME
VOLUME
[sq ft]
[Cu ft]
[cu ft]
3.5
1,363
0
0
4.0
1,595
798
798
5.0
2,101
2,101
2,899
6.0
2,665
2,665
5,564
7.0
3,285
3,285
8,849
Draw Down Analysis:
Bottom Area of Basin
Bottom Elevation of Basin
Basin Depth
Draw Down Time =
Draw Down Time (2X) =
1,363 sf
3.5 ft
3.5 ft
0.13 days
0.25 days
(from Darcy's Equation)

Infiltration Basin #2 Calculations
Stormwater Quality Requirement:
Drainage Area to System =
Impervious Area =
% Impervious
Runoff Coefficient (Rv) _
Req. 1.5" Runoff Volume =
10yr. 24hr. Runoff Volume =
Storage Volume Elevation =
Storage Volume Surface Area =
1.57 Ac.
0.89 Ac.
56.69
0.560 in/in
4,789 cf 5L5 'rLjQ�
8,498 cf
5.07 EL.
5,817 sf
Soils Information: (See Attached)
Soil Type = Newhan Fine Sand Nh
EL. At Test Location = 6.00
Depth to SHWL = 55.0 in
SHWL = 1.42
Infiltration Rate = 6 in/hr (1/2 Actual rate)
Infiltration Basin Storage
CONTOUR
CONTOUR AREA
INCR.
ACCUM. VOLUME
VOLUME
[sq ft]
[cu ft]
[Cu ft]
3.5
4,247
0
0
4.0
4,728
2,364
2,364
5.0
5,749
5,749
8,113
6.0
6,845
6,845
14,958
7.0
8,019
8,019
22,977
Draw Down Analysis:
Bottom Area of Basin
Bottom Elevation of Basin
Basin Depth
Draw Down Time =
Draw Down Time (2X) _
4,247 sf
3.5 ft
3.5 ft
0.17 days
0.33 days
(from Darcy's Equation)

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Energy, Mineral &
Land Resources•
ENVIRONMENTAL QUALITY
December 9, 2016
Michael Cramer, Town Manager
Town of Carolina Beach
1 121 N. Lake Park Blvd.
Carolina Beach, NC 28428
AND
PAT M c C RO RY
Governor
DONALD R. VAN DER VAART
Secretary
JAN 10 2017
BY:
tJ.S. Department of Arny, Militate Ocean Terminal Sunny Point (MOTSU)
c/o Matthew C. Swanson, Chief of Public Works
6280 Sunny Point Rd.
Southport, ITC 28428
Subject: Request for State Storm -water Management Permit Application
State Stormwater Management Permit No. SW8 150810
Carolina Beach Greenway
New Hanover County
Dear Mr. Cramer and Mr. Swanson:
TRACY DAVIS
Director
On December 6, 2016, the Wilmington Regional Office received a copy of the final lease agreement
between the Town of Carolina Beach and the Military Ocean Terminal, Sunny Point (MOTSU). As noted
in the permit issued on March 8. 2016, a complete plan revision request must be submitted along with the
Final lease agreement in order to request the final low density permit. Until the plan revision is requested
and approved, this permit is still considered a temporary-1 year permit with an expiration date of March
8, 2017 and includes conditions that prohibit the project from being constructed until the final low density
permit is issued.
Therefore, please submit a coup e<p1an revision form and any supporting documentation or a plan of
action with a timeframe to provi e the completed plan rev ion to this Office no later than February 13,
20) 6. Failure to respond to this r est may resu initiation of enforcement action, and
construction may experience a subseq
If you have any questions, please call Christine Hall at (910)-796-7215.
Sincer Ily,
VxTrac Davis" P.l;. Director}
Division of Energy, Mineral and Land Resources
GDS/canh: G:\WQ\Shared\Stormwater\Permits & Projects120151150810 LD\2016 12
req_SWapp_l 50810
cc: Eric Seidel, SEPI
New Hanover Building Inspections
Wilmington Regional Office Stormwater File
State orNorth Carolina I Environmernal Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension 1 Wilmington, NC 28405
9107967215

Date Received
Fee Paid (express only)
Permit Number
State of North Carolina
Department of Environment and Natural Resources
Division of Energy, Mineral and Land Resources
STORMWATER MANAGEMENT PERMIT PLAN REVISION APPLICATION FORM
This form may be photocopied for use as an original
I. GENERAL INFORMATION
1. Stormwater Management Permit Number: SW8150810
2. Project Name: Carolina Beach Greenway
3. Permit Holder's name (specify the name of the corporation, individual, etc.):
4. Print Owner/Signing Official's name and title (person legally responsible for permit):
Michael Cramer, Town Manager
JAN 10 2017
5. Mailing Address for person listed in item 2 above: BY.
1121 N. Lake Park BIvd
City:Carolina Beach State:NC Zip:28428
Phone: (910 ) 458-2999 Fax: (910 } 458-2997
Email:michael.cramer®carolinabeach.org
II. PLAN REVISION INFORMATION
1. Summarize the plan revision proposed (attach additional pages if needed):
Submittal of the final lease agreement
III. SUBMITTAL REQUIREMENTS
Only complete application packages will be accepted and reviewed by the Division of Energy, Mineral and
Land Resources (DEMLR). A complete package includes all of the items listed below. The complete
application package should be submitted to the DEMLR Office that issued the permit.
1. Please indicate that you have provided the following required information by initialing in the space provided
next to each item.
• Original & I copy of the Plan Revision Application Form
• Two (2) copies of revised plans (must be revisions of original approved plan sheet(s))
If applying for Express review (only available in 20 coastaI counties):
• Application fee of $500.00 (made payable to NCDENR)
VI. APPLICANT'S CERTIFICATION
I, (print or type name of person listed in
certify that I have author' the
application is, to t o yn v
Signature:
Infortnation, item 3) Michael Cramer
isions and that the information included on this plan revision
correct and complete.
Date: 7
Plan Revision Form Rev. Oct. 31, 2013

Casmer, Jo
From: Casmer, Jo
Sent: Thursday, February 02, 2017 9:54 AM
To:'mi chael. cram er@ca rol inabeach. org'; '[e-mail]'
Subject: Carolina Beach Greenway; Stormwater Permit SW8 150810
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section)
accepted the Stormwater Permit Plan Revision Application on February 1, 2017. The project has been assigned to
Christine Hall and you will be notified if additional information is needed.
Jo Casmer
Administrative Assistant for DEMLR1Stormwater Section
North Carolina Department of Environmental Quality
Department of Environmental Assistance & Customer Service
910 796-7336 office
910 350-2004 fax
0o.casme ncdenr. ov
127 Cardinal Drive Extension
Wilmington, NC 28405
�` Notting Compares ---.,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

fric)
t6: , 'TIC Il:-5
,I V, 111
T i� pit. : r "i T

Completeness Review Checklist
Project Name: 4N(; vimeu•c �.��o.aReceived Date: p, Zp (7
Project Location: Accepted Date:
Rule(s) 10u Coastal 1:11995 Coastal Phase 11 (WiRO J Universal El1988 Coastal f
Type of Permit: New or Mod or PR Existing Permit # (Mod or PR): PE Cert on File?
Density: HD or LD Type: Commercial or Residential �NCG:
%: (% OK?) Stream Class: 0SA Map ElOffsite to SW8
Subdivided?: Subdivision or Single Lot Ir JORW Map nExempt
Paperwork Emailed Engineer on:
F-1Supplement(s) (1 original per BMP) BMP Type(s):
F-10M with correct/original signatures 0 original per 6MP except LS/VFS and swales)
Application with correct/original signatures Deed
Corp or LLC: Sig. Auth. per SoS or letter Email Address:
F'�$505 (within 6mo) Email Address:
Design Engineer
❑Soils Report with SHWT Not eviewer: `
Calculations (signed/sealed)
�No obvious errors
Density includes common areas, etc
Deed Restrictions, if subdivided:
Signed & Notarized
"Correct Template Comm Res & HD LD or Dec. Covenants & Rest.
Plans
E-12 Sets Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
Grading Wetlands-. Delineated or No Wetlands
ElVicinity Map Layout (proposed BUA dimensions)
Legend F-1DA Maps Project Boundaries
Infiltration Wet Pond Offsite
Soils Report Soils Report FIPE Cert for Master Lot #:
SHWT: SHWT: Deed Rest for Master Lot # Matches Master
Bottom: PP: BUA Permitted (Master): sf
Visited: BUA Proposed (Offsite): sf
Additional Information:
Permitted Proposed: Proposed: Proposed:
BUA (sf)
DA (sf)
PP (el)
SHWT (el)
Depth (ft)
SA (sf)

SEPI
C ENGINEERING &
CON S TRUCT I ON
LETTER OF TRANSMITTAL
To: NCDENR
Wilmington Regional Office
Attention: Christine Hall
Environmental Engineer
Phone: [phone]
From: John Scott
Subject: Carolina Beach Island Greenway
We are sending you:
❑ Shop Drawings ® Lease Agreement
❑ Specifications ® Copy of letter
❑ Contracts ❑ Invoice
5030 New Centre Drlve, Suite B
Wilmington, NC 28403
Tel [phone]
Fax [phone]
RRECEIVE
,aN,ozon p
BY:
Date: January 10, 2017
VIA: Hand Delivered
SEPI Project No.: SR14.024.00
❑ Plans ® Applications
❑ Change Order ❑ Reports
Copies Date Description
1 12-09-16 NCDENR letter requesting Plan Revision Application
2 01-04-17 Completed Plan Revision Application
2 12-06-16 Final MOTSU Lease Agreement
Comments:
Please find requested lease agreement and Plan Revision Application attached. Let me know if there are
any questions or concerns. Thanks.
Page:
Signed:
1/1

PAT McCRORY
Governor
DONALD R. VAN DER VAART
secretary
Energy, Mineral &
Land Resources
ENVIRONMENTAL QUALITY
December 9, 2016
Michael Cramer, Town Manager
"Town of Carolina beach
1121 N. Jake Park Blvd.
Carolina Beaeh, NC 28428
AND
U.S. Department of Army, Military Ocean Terminal Sunny Point (1`IOTSU)
c/o iNlatthew C. Swanson, Chief of Public Works
6280 Sunny Point Rd.
Southport, N IC 28428
Subject: Request for State Stormwaler Management Permit Appheatiun
State Stormwater Management 1'ermit No. SNA'8 150810
Carolina Beach Greenway
New Hanover County
Dear Nlr. Cramer and Mr. Swanson:
TRACY DAVIS
Director
On December 6, 2016, the Wilmington Regional Office received a copy of the final lease agreement
between the Town of Carolina Beach and the Military Ocean Terminal, Sunny Point (MOTSU). As rioted
in the permit issued on March 8, 2016, a complete plan revision request must be submitted along with the
Final lease agreement in order to request the final low density permit. Until the plan revision is requested
and approved, this permit is still considered a temporary-J year permit with an expiration date of Nlarch
8, 2017 and includes conditions that prohibit the project from being constructed until the final low density
permit is issued.
Therefore, please submit a completed plan revision form and any supporting documentation or a plan of
action with a timeframe to provide the completed plan revision to this Office no later than February I'),
2010. Failure to respond to this request may result in the initiation of enforcement action, and
construction may er-perience a subsequent delay.
1 f you have any questions, please call Christine Hall at (910)-796-7215.
Sincer ly,
Tracy Davis, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/canh: G:\WQ1Shared\Stormwater\Pennits tk 1'rojects120151150810 LD12016 12
rcq_SWapp_150810
cc: Eric Seidel, SEPI
New Hanover Building Inspections
Wilmington Regional Office Stormwater File
Stare of North Carolina I Environmental Quatity I Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405
910 796 7W

r,eSEPI
C ENGINEERING &
C O N S T R U C T I O N
LETTER OF TRANSMITTAL
To: NCDENR
Wilmington Regional Office
Attention: Christine Hall
Environmental Engineer
Phone: [phone]
From: Eric Seidel, PE
Date: December 6, 2016
VIA: Hand Delivered
Subject: Carolina Beach Island Greenway SEPI Project No.: SR14.024.00
We are sending you:
❑
Shop Drawings
❑
Specifications
❑
Contracts
® Lease Agreement
❑ Copy of Letter
❑ Invoice
5030 New Centre Drive, Suite B
Wilmington, NC 28403
Tel [phone]
Fax [phone]
❑ Plans ❑ Applications
❑ Change Order ❑ Reports
Copies Date Description
1 12-6-16 Final MOTSU Lease Agreement
ECEIVE
DEC 0 6 2016
BY:
Comments:
Please find requested lease agreement attached. Let me know if there are any ctCg1 zV9D
Thanks.
Q
Signed: Page:
1/1

PAT MCCRORY
r., iiovernor
DONALD R. VAN DER VAART
Secreoary
Energy, Mineral
and Land Resources TRACY DAVIS
ENVIRONMENTAL OUALITY
Dirccmr
March 8, 2016
Michael Cramer, Town Manager
Town of Carolina Beach
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
AND
U.S. Department of Army, Military Ocean Terminal Sunny Point (MOTSU)
c/o Matthew C. Swanson, Chief of Public Works
6280 Sunny Point Rd.
Southport, NC 28428
Subject: Temporary-] year State Stormwater Management Permit No. SW8 150810
Carolina Beach Greenway
Low Density Project
New Hanover Countv
Dear Mr. Cramer and Mr. Swanson:
The Wilmington Regional Office of the Division of Energy, Mineral and Land Resources (DEMLR)
received additional information regarding the State Stormwater Management Permit Application for the
Carolina Beach Greenway on January 28, 2016. Staff review of the plans and specifications determined
that the project, as proposed, will comply with the Stormwater Regulations set forth in Session Law 2008-
211 and Title 15A NCAC 2H.1000. However, this project was submitted as a joint effort between the
Town of Carolina Beach and the U.S. Department of Army, MOTSU and is missing the finalized and
executed lease agreement between the tvvo parties. Therefore, DEMLR has agreed to allow a one year
temporary permit to be issued until such time as the lease agreement is finalized and executed. We are
forwarding Permit No. SW8 150810, dated March 8, 2016, with an expiration date of March 8, 2017.for
the approval of the proposed built -upon area associated with the subject project.
The designated permit holder, Town of Carolina Beach, shall be responsible for meeting the conditions
and limitations as specified therein, and does not supersede any other agency permit that may be
required. Failure to abide by the conditions of this temporary 1 year permit will result in future
compliance problems. Please note that permit conditions prohibit the project from being constructed until
one of the following occurs:
1. A copy of the final, executed lease agreement that outlines the responsibilities of the Town of
Carolina Beach for the maintenance of the stormwater system and compliance with the permit
is submitted to the Wilmington DEMLR office within 30 days of execution along with a
completed plan revision form requesting the final low density permit.
2. Or an ownership/name change request signed by both parties is submitted to the Division that
transfers the permit to the property owner, the U.S. Department of Army. MOTSU
Once all of the required documents have been provided to DEMLR and all issues above have been
resolved, a final low density permit, with no expiration date, will be issued. Keep in mind that either item
41 or 4 2 above must be provided and/or completed at least 180 days prior to the expiration date of this
permit, otherwise, this permit will expire.
DECmiEr
Q 6 2016
f3Y:
State of North Carolina I Environmental Quality J Energy, Mineral and band Resources
127 Cardinal Drive. Extension I Wilmington, NC 28405
910 796 7215 7 1 910 3502004 F I bnnJlnortal.ncdenr.erelweSllr

State Stormwaier Permit No. SW8 150510
Page 2 of 2
Please note that it is the responsibility of the permit holder, the Town of Carolina Beach, to notiN the
Division of any changes t6the project or to the ownership of the project and request an ownership/name
change for the store»eater permil: However, please be reminded that if the lease agreement between the
Town of Carolina Beach and the U.S. Department of Army, MOTSU is not executed, is cancelled, or is
defaulted and the Division is not notified by the Town of Carolina Beach to transfer or rescind the permit,
then the responsibility for permit compliance reverts back to the property owner. As the property owner,
the U.S. Department of Army, MOTSU must notify the Division immediately of the project or permit
ownership change and either submit a completed Name/Ownership form to the Division within 30 days or
cancel the project and rescind the temporary permit. Otherwise the U.S. Department of Army. MOTSU
will be operating a stormwater treatment facility without a valid permit. ]'his is a violation of NC General
Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil
penalties of up to $25.000 per day, being taken against the property owner, the U.S. Department of Army.
MOTSU.
If any parts, requirements, or limitations contained in this permit are unacceptable, you have the right to
request an adjudicatory hearing by filing a writtelt petition %Nlith the Office ofAdmihistrative Hearings
(OAH). The written petition must conform to Chapter 150E of the North Carolina General Statutes. Per
NCGS 143-215(e) the petition must be filed with the OAH within thirty (30) days of receipt of this
permit. You should contact the OAH with all questions regarding the filing fee (if a filing fee is required)
and/or the details of the filing process at 6714 Mail Service Center, Raleigh, NC 27699-6714, or via
telephone at 919-431-3000, or visit their website at v<r%-A,.NCOAH.com. Unless such demands are made
this permit shall be final and binding.
If you have any questions, or need additional information concerning this matter, please contact Christine
Hall at [phone].
Sincerely,
,."Fr
if, P.E., Director
Division of Energy, Mineral and Land Resources
GDS/canh: 111Stormwater\Permits & Projects\2015115081.0,LD1201b 03 permit 150510
cc: -Gregory,-Thompson; SEPI Engineering & Construction-17
i New Hanoi er County Inspections
New Hanover County Engineering
Wilmington Regional Office Stormwater File
Slate of North Carolina 1 Fnvironmenial Quality I Entra, Mineral and Land Resources
127 Cardinal Drive. Extension i Wilmington, i`C 2S405
910 796 7215 T 1 910 350 2004 F 1 htro:lioonal.ncdenr.ore/µebt

Hall, Christine
From: Eric Seidel <[e-mail]>
Sent: Monday, March 07, 2016 1:40 PM
To: Hall, Christine
Subject: RE: Carolina Beach Greenway SW81SO810
I have not heard anything — thanks for checking in.
cekbrnrmj? 15 rears
SEPI1
C 0 h S i R U C T I a h
Eric Seidel, PE 1 Site/Civil Project Engineer
SEPI Engineering & Construction
5030 New Centre Drive, Suite B I Wilmington, NC 28403
Direct:910.550.3251 1 Cell: 252.339.2136 1 sepiengineering.com
Connect with us: Linkedln I Twitter I Facebook
Confidentiality Notice: This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the
attorney -client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive
this in error, please notify the sender by reply e-mail and delete this message. Thank you.
From: Hall, Christine[mailto:[e-mail]]
Sent: Monday, March 07, 2016 12:21 PM
To: Eric Seidel
Subject: RE: Carolina Beach Greenway SW8150810
Eric,
I'm finally getting a chance to write the this permit. I just wanted to confirm before I get started whether or not the
lease agreement been signed yet. Have you heard anything?
Thanks,
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine.hall(a)ncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
IL F."
'Nothing Compares,
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

Ile SEPI
C I
C ON S T R U C T I O N
LETTER OF TRANSMITTAL
To: NCDENA
Wilmington Regional Office
Attention: Christine Hall
Environmental Engineer
Phone: [phone]
From: Eric Seidel, PE
Subject: Carolina Beach Island Greenway
We are sending you:
❑ Shop Drawings ❑ Prints
❑ Specifications ❑ Copy of Letter
❑ Contracts ❑ Invoice
5030 New Centre Drive, Suite B
Wilmington, NC 28403
Tel [phone]
Fax [phone]
JAM .2 8 2016
Date: January 28, 2016
VIA: Hand Delivered
SEPI Project No.: SR14.024.00
® Plans ❑ Applications
❑ Change Order ❑ Reports
Copies Date Description
2 1-28-16 Area of Interest Exhibit Map (Signed & Sealed)
RECEIVED
JAB 2 8 2016
� RV-
Comments:
Please review for approval and call with any questions or concerns. Thanks.
Signed: Page:
� 1/1

;� .� .. ��
��" '•, ,
4 ����� .. Ei 41a

Hall, Christine
From: Hall, Christine
Sent: Wednesday, January 27, 2016 4:01 PM
To: 'Eric Seidel'
Subject: RE: Carolina Beach Greenway SW8150810
Eric,
I took a look through the plans waiting for approval and it appears that only 1 copy of Exhibit A, showing the permit
boundary/ project area, was submitted and it was not dated or sealed by a licensed professional, thus my reference to
both items 1 & 2. Do you still want me to leave this copy up front? Or would you like to print 2 new ones to have dated
& sealed?
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
�:'> Nothing Compares,,.,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Hall, Christine
Sent: Tuesday, January 26, 2016 3:31 PM
To:'Eric Seidel' <[e-mail]>
Cc: [e-mail]; Scott, Georgette <georgette [e-mail]>
Subject: RE: Carolina Beach Greenway SW8150810
Eric,
I've been directed to resolve this open application by issuing a temporary permit with a short expiration and additional
conditions regarding the lease being provided and not starting construction until everything is in place. If you can please
provide that second set of revised plans, I'll add this to the other projects that need my attention.
Thanks and let me know if you have any questions,
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office

Hall, Christine
From: Hall, Christine
Sent: Tuesday, January 26, 2016 3:31 PM
To: 'Eric Seidel'
Cc: [e-mail];,Scott, Georgette
Subject: RE: Carolina Beach Greenway SW8150810
Eric,
I've been directed to resolve this open application by issuing a temporary permit with a short expiration and additional
conditions regarding the lease being provided and not starting construction until everything is in place. If you can please
provide that second set of revised plans, I'll add this to the other projects that need my attention.
Thanks and let me know if you have any questions,
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources - State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine. [e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
-->-Nothing Compares ---,-
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Eric Seidel[mailto:[e-mail]
Sent: Tuesday, January 19, 2016 4:33 PM
To: Hall, Christine <[e-mail]>
Cc: [e-mail]; Scott, Georgette <[e-mail]>
Subject: RE: Carolina Beach Greenway SW8150810
Christine,
The Town has reached out to MOTSU (Military Ocean Terminal Sunny Point) and they have agreed to write a letter with
an anticipated schedule of approval. They have notified the Town that the lease agreement is in the final stages of
review and has been approved through their real estate division. They are aware this is letter is time sensitive for
approval of a review extension.
Please let this email be a place holder for an extension until we receive requested documentation. Once we receive the
letter the Town would like to be issued conditional approval with the lease agreement to follow. Thanks for your time
and consideration.

Hall, Christine
From: Hall, Christine
Sent: Thursday, January 21, 2016 8:40 AM
To: Scott, Georgette
Subject: FW: Extension of permit
Attachments: Request for extension.pdf
Georgette,
In regards to the application status for the Carolina Beach Greenway trail (SW8150810), here's the letter from MOTSU
with the schedule for getting the lease signed. It sounds like it could take 60 additional days.
What should we do about the second extension request?
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources -- State Stormwater Program Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed
to third parties.
-----Original Message -----
From: Fuller, Michael B CIV USARMY 596 TRANS BDE (US)[maiIto: [e-mail]]
Sent: Wednesday, January 20, 2016 3:29 PM
To: Hall, Christine <[e-mail]>
Cc: Swanson, Matthew C Jr CIV USARMY 596 TRANS BDE (US) <[e-mail]>; Jerry Haire
<[e-mail]>; von Kolnitz, David M CTR (US)<[e-mail]>
Subject: Extension of permit
Ms. Hall,
Thank you so much for taking the time to call us back today. Please see the attached request. The project ROA/DOA is
currently in the process of signature.
Sincerely,
Michael Fuller
'Environment and Land Management
Military Ocean Terminal Sunny Point
Southport, NC 28461-7800
Phone: [phone]

DEPARTMENT OF THE ARMY
MILITARY SURFACE DEPLOYMENT AND DISTRIBUTION' COMMAND
596"' TRANSPORTATION BIRIGADE.
MILITARY OCEAN TERMINAL; SUNNY POINT
6280 SUNNY POINT ROAD SE
SOUTHPORT, NORTH CAROLINA 28E61=7800
REPLY TO
ATTENTION OF:
January 2.'0 , 2 01,6
Christ'lne. Hall., .Environmenta-1 .Engineer
N.C.. Dept. of Environmental Quality.
Land Quality Section
127 Cardinal Dr. Ext..
Wilmington, .,NC 28405
Subj .: Request. for .Application 'Extension
5tormwater Proj.ect.No. SW8150810
'Ca-rolina Beach Greenway
Dear Ms. Hall,
T am writing to provide additional information in support of the
Town of Carolina 'Beach. request for an ext:ensi;on to the subject
application due to expire January,20, At present the'lease
agreement has been completed through our real estate section..,
Currently, the lease IS being .rev ewed by our ,legal staff and
MOTSU expects to receive approval -in several weeks. Once legal
approval..'isreceived the lease will be forwarded to'Mili.tary
Surface Deployment and Distribution Command xeadquarters'for
f inal ,s:ignature. and approval 'by the Commanding General and -the
Carolina Beach Town Manager.. I anticipate these remaining steps
to occur certainly within the next 6,0 days. MOTSU has worked
diligent_l.y -with Carolina Beach ofici.als for several years. on
bringing this important project "to fruition. 'Thank .you for your
positive consideration, of :the extension i=equest. 1f any
additional information is regiies.ted, please :call,me at'910--457-
8429.
Sincerely,
- - a4- llle('11�1
Michael Fuller
Enir:ontei t and. Land Management
Public Works: Divi.si.on

Hall, Christine
From: Eric Seidel <[e-mail]>
Sent: Tuesday, January 19, 2016 4:33 PM
To: Hall, Christine
Cc: [e-mail]; Scott, Georgette
Subject: RE: Carolina Beach Greenway SW8150810
Christine,
The Town has reached out to MOTSU (Military Ocean Terminal Sunny Point) and they have agreed to write a letter with
an anticipated schedule of approval. They have notified the Town that the lease agreement is in the final stages of
review and has been approved through their real estate division. They are aware this is letter is time sensitive for
approval of a review extension.
Please let this email be a place holder for an extension until we receive requested documentation. Once we receive the
letter the Town would like to be issued conditional approval with the lease agreement to follow. Thanks for your time
and consideration.
C'ekbraring IS rrors
SE'P1
c O X! i R u c 1 1 0 X
Eric Seidel, PE I Site/Civil Project Engineer
SEPI Engineering & Construction
5030 New Centre Drive, Suite B I Wilmington, NC 28403
Direct:910.550.3251 1 Cell: 252.339.2136 1 se ien ineerin .com
Connect with us: Linkedin I Twitter I Facebook
Confidentiality Notice: This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to the
attorney -client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive
this in error, please notify the sender by reply e-mail and delete this message. Thankyou.
From: Hall, Christine[mailto:[e-mail]]
Sent: Tuesday, January 19, 2016 10:57 AM
To: Eric Seidel
Cc: [e-mail]; Scott, Georgette
Subject: RE: Carolina Beach Greenway SW8150810
Eric,
After talking to Georgette, we will need additional justification for the extension, in writing, to support why so much
additional time would be needed. Please provide a detailed schedule on the expected timeline necessary to get the
lease agreement in place.
Georgette did mention that we could approve the permit if we obtain a written statement from MOSTU's lawyers or
higher ups that the project will be approved and they provide the remaining schedule for when the lease is expected to
be approved. The permit will be issued as a temporary permit with additional permit conditions requiring the lease
agreement to be supplied within 6 months and no construction is allowed to begin until that agreement has been
provided. Under this scenario, if the approved lease agreement is not provided within the specified timeframe, the
permit will expire and a new approval will be necessary.

Hall, Christine
From: Hall, Christine
Sent: Tuesday, January 19, 2016 11:00 AM
To: 'Eric Seidel'
Cc: [e-mail]; Scott, Georgette
Subject: RE: Carolina Beach Greenway SW8150810
Eric,
After talking to Georgette, we will need additional justification for the extension, in writing, to support why so much
additional time would be needed. Please provide a detailed schedule on the expected timeline necessary to get the
lease agreement in place.
Georgette did mention that we could approve the permit if we obtain a written statement from MOSTU's lawyers or
higher ups that the project will be approved and they provide the remaining schedule for when the lease is expected to
be approved. The permit will be issued as a temporary permit with additional permit conditions requiring the lease
agreement to be supplied within 6 months and no construction is allowed to begin until that agreement has been
provided. Under this scenario, if the approved lease agreement is not provided within the specified timeframe, the
permit will expire and a new approval will be necessary.
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy. Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
christine. [e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
Nothing Compares..
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Eric Seidel[mailto:[e-mail]]
Sent: Monday, January 18, 2016 9:37 AM
To: Hall, Christine <[e-mail]>
Cc: [e-mail]
Subject: Carolina Beach Greenway SW81SO810
Christine,

Please find application extension request letter from the Town of Carolina Beach attached. The Town would like to
request an additional 90 day extension. The lease agreement between the Town and MQTSU is currently under review
and we are hopeful that it will be finalized in the near future. We appreciate your consideration on this matter and look
forward to hearing back from you.
Please call with any questions or concerns. Thanks.
Cefetvotrnq 15 fours
SEPI
rNGINrCa!%0 L
C 0 If1 7 a U C 7 1 0 N
Eric Seidel, PE I Site/Civil Project Engineer
SEPI Engineering & Construction
5030 New Centre Drive, Suite B I Wilmington, NC 28403
Direct: 910.550.3251 1 Cell: 252.339.2136 1 sepiengineering.com
Connect with us: Linkedin I Twitter I Facebook
Confidentiality Notice: This message is intended only for the designated recipientisj. It may contain confidential or proprietary information and may be subject to the
attorney -client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive
this in error, please notify the sender by reply e-mail and delete this message. Thank you.

Hail, Christine
From: Hall, Christine
Sent: Tuesday, January 19, 2016 8:59 AM
To: Scott, Georgette
Subject: FW: Carolina Beach Greenway SW8150810
Attachments: Storinwater extension request 1-15-16.docx; 2015 11 addinfo 150810.docx
Importance: High
I have a regular program project that is requesting a second (and much longer than typically given) extension. I had
warned them that we have been instructed to return projects when the timelines are not met and that second
extensions are not generally permitted. They pressed the issue and wanted to write a letter asking for an
exception. The latest addinfo and their extension request is attached for your consideration.
Summary: The problem is that Carolina Beach is trying to construct a multi -use path / greenway within MOTSU property
and the lease agreement between the two has not been finalized. That is the one major item missing. I've explained to
them that I could issue the permit to MOTSU and they could transfer once the lease is in place, but they were not sure
MOTSU would sign the forms.
Review timeline:
Application Received: August 12, 2015
Addinfo requested: October 19, 2015
Addinfo received: October 27, 2015
Addinfo requested: November 17, 2015
30 day extension granted December 10, 2015
New Addinfo due date: January 19, 2016
Thoughts?
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
(Nothing Compares.—_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Eric Seidel[mailto:[e-mail]]
Sent: Monday, January 18, 2016 9:37 AM

r.
,/ TO: Hall, Christine <[e-mail]>
Cc: [e-mail]
Subject: Carolina Beach Greenway SW8150810
Christine,
Please find application extension request letter from the Town of Carolina Beach attached. The Town would like to
request an additional 90 day extension. The lease agreement between the Town and MQTSU is currently under review
and we are hopeful that it will be finalized in the near future. We appreciate your consideration on this matter and look
forward to hearing back from you.
Please call with any questions or concerns. Thanks.
C6r&c1f1n9 15 YWrs
SEPI
CON S T n V C T 1 O P.
Eric Seidel, PE I Site/Civil Project Engineer
5EP1 Engineering & Construction
5030 New Centre Drive, Suite 8 1 Wilmington, NC 28403
Direct:910.550.3251 1 Cell: 252.339.2136 1 sepiengineering.com
Connect with us: Linkedin I Twitter I Facebook
confidentiality Notice: This message is intended only for the designated recipients}. It may contain confidential or proprietary information and may be subject to the
attorney -client privilege or other confidentiality protections. If you are not a designated recipient, you may not review, copy or distribute this message. If you receive
this in error, please notify the sender by reply e-mail and delete this message. Thank you.

Dan Wilcox
Mayor
Steve Shuttleworth
Council Member
Gary Doetsch
Council Member
Town of Carolina Beach
1 121 N. Lake Park Boulevard
Carolina Beach, North Carolina 28428
TEL: [phone]
FAX: [phone]
Christine Hall, Environmental Engineer
N.C. Dept of Environmental Quality
Land Quality Section
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Subj.: Request for Application Extension
Stormwater Project No. SW8150810
Carolina Beach Greenway
Dear Ms. Hall,
LeAnn Pierce
Mayor Pro Tem
Tom Bridges
Council Member
Michael Cramer
Town Manager
I am writing to request a 90 day extension to our subject application due to expire January 20. All
required documentation has been submitted to Sunny Point officials and we are hopeful we will receive
the finalized lease agreement in the near future. As such we would certainly like to avoid resubmission of
our application and further delays in beginning the project.
Thank you for your consideration, and please call with questions.
Sincerely,
Michael Cramer
Town Manager
Cc: Matthew Swanson, Public Works Chief
Dept. of the Army/MOTSU

Dan Wilcox
Mayor
Stevc Shuttleworth
Council Member G
r
Gary Doetsch
Council Member
Town of Carolina Beach
1121 N. Lake Park Boulevard
Carolina Beach, North Carolina 28428
TEL: [phone]
FAX: [phone]
Christine Hall, Environmental Engineer
N.C. Dept of Environmental Quality
Land Quality Section
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Subj.: Request for Application Extension
Stormwater Project No. SW8150810
Carolina Beach Greenway
Dear Ms. Hall,
LeAnn Pierce
Mayor Pro Tem
Tom Bridges
Council Member
Michael Cramer
7own Manager
ECEiVE
JAN 19 2016%
BY:
I am writing to request a 90 day extension to our subject application due to expire January 20. All
required documentation has been submitted to Sunny Point officials and we are hopeful we will receive
the finalized lease agreement in the near future. As such we would certainly like to avoid resubmission of
our application and further delays in beginning the project.
Thank you for your consideration, and please call with questions.
Sincerely,
Michael Cramer
Town Manager
Cc: Matthew Swanson, Public Works Chief
Dept. of the Army/MOTSU
a TV ED
JAN 19 20t15

Hall, Christine
From: Hall, Christine
Sent: Thursday, December 10, 2015 11:34 AM
To: 'Eric Seidel'
Cc: [e-mail]
Subject: RE: Carolina Beach Greenway (SW8 150810)
Eric,
Thanks for the e-mail. I will keep an eye out for the information to be submitted prior to January 201'.
Christine
Christine (Nelson) Hall
Environmental Engineer
Division of Energy, Mineral and Land Resources — State Stormwater Program
Department of Environmental Quality
910 796 7215 office
910 796 7335 direct
[e-mail]
127 Cardinal Drive Ext.
Wilmington, NC 28405
<_= Nothing Compares,,,.
Email correspondence to and frorn this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Eric Seidel[mailto:[e-mail]]
Sent: Thursday, December 10, 2015 9:21 AM
To: Hall, Christine <[e-mail]>
Cc. [e-mail]
Subject: Carolina Beach Greenway (SW8 150810)
Christine,
Per our conversation this morning the Town of Carolina Beach is still awaiting the final lease agreement from
MOTSU. Once received we will be able to responded to all comments accordingly.
Please let this be a formal request for a 30 day extension on the December, 18 2015 response deadline. Thanks.
Eric Seidel, PE
Site/Civil Project Engineer
e SEPI
5030 New Centre Drive, Suite B

!Wilmington, NC 28403
Main Line: 910,523,5715
Direct Line: 910.550.3251
Cell: 252.339.2136
Fax: [phone]

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 17, 2015
Mr. Michael Cramer, Town Manager
Town of Carolina Beach
1121 N. Lake Park Blvd.
Carolina Beach, NC 28428
Subject: Request for Additional Information
Stormwater Project No. SW8 150810
Carolina Beach Greenway
New Hanover County
Dear Mr. Cramer and Mr. Swanson:
Donald R. van der Vaart
Secretary
Mr. Matthew Swanson, Public Works Chief
Department of Army 1 Military Ocean Terminal
Sunny Point
6280 Sunny Pointe Road
Southport, NC 28461
The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application
for the Carolina Beach Greenway on August 12, 2015 with additional information on October 27, 2015. A
preliminary in-depth review of that information has determined that the application is not complete. The
following information is needed to continue the stormwater review:
15A NCAC 02H.1003(h)(3): The permit cannot be issued to the Town of Carolina Beach contingent
upon the finalized lease being provided in the future. If is desired to obtain a permit without a lease in
place that identifies the Town as the party responsible for maintenance of the project and compliance
with any necessary permits, then the permit may be issued to the property owner. New application
documents reflecting the property owner as the responsible party must be submitted. Once the lease
agreement is in place, either the lease agreement can be submitted to the Division with the appropriate
transfer form and remaining documentation or the permittee may choose to remain as the permittee and
use the lease agreement to ensure compliance on their own.
2. 15A NCAC 02H.1003(g)(1) and (2): Please provide 2 copies of all plans that are dated and sealed as
outlined in 15A NCAC 02H.10080).
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received in this Office prior to December 18, 2105, or the application will be returned
as incomplete. The return of a project will necessitate resubmission of all required items, including the
application fee.
If you need additional time to submit the information, please mail, email or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90 days
from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. If you have any questions
concerning this matter please feel free to call me at [phone] or email me at
Christine. [e-mail].
Sincerely, "}
Christine Hall
Environmental Engineer
GDS/canh: %Stormwater\Permits 8 Projects120151150810 LD12015 11 addinfo 150810
cc: Gregory Thomson, SEPI Engineering & Consulting
Wilmington Regional Office Stormwater File
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
(910) 796-72151 Fax: [phone] • Internet: hftp:/Iportal,nodelir.org/web/ir/
An Equal Opporluaily 1 Ali Action Employer - Made in part by recycled paper

October 27, 2015
NCDEQ
Land Quality Section
127 Cardinal Drive Extension
Wilmington, NC 28405
Attn: Ms. Christine Hall
Re: Carolina Beach Greenway
Project ID: SW8 150810
Dear Ms. Hall,
ECEIVE
it OCT 2 7 2015
BY. --
We are addressing your comments, from letter dated October 19, 2015, regarding
incomplete application.
1. Please clarify the project area and boundary associated with the permit. The
plans identify the project boundary to the west of the proposed greenway, but it is
unclear if the eastern boundary is the bold line of a similar line type or the property
boundaries that are identified with bearings and distances. Also, please be sure
that the stormwater pond and associated project area approved under SW8
0831020 is excluded from the low density boundary identified for this project.
• Please see attached Project Area Exhibit Map A. The project area has
excluded the surface water area of the existing.pond as required by SWU-101
Application as follows: Total Project Area (19.34 Ac.) — Surface Water (2.98 Ac.)
= Project Area (16.36 Ac.). It is our understanding that the existing pond
permitted under SW8 0831020 treats runoff only from within the Town Limits.
Our Eastern project boundary follows the Town and MOTS:U,%oundary limits
which are described by bearings and distances.
2. If it is desired to issue the permit to the Town of Carolina Beach as the lease,
please provide the lease agreement and reference for the section within this
agreement that identifies the party responsible for maintenance of the project and
compliance with any necessary permits.
F,cEiVED
OC;27255

• The Town of Carolina Beach would like to request the lease agreement be a
condition of approval. The Town and MQTSU are currently under negotiations and
finalizing the agreement. The final lease agreement will be submitted to NCDEQ upon
completion. The Town of Carolina Beach will be the responsible party for
maintenance and compliance. The Town has signed all applications and supplements
designating them as the responsible party.
Please review for approval and contact us with any questions, comments, or
additional information needed.
Sincerely,
SEPI Engineering & Construction
4�� ss ��
Eric A. Seidel, PE
eseidel n,seAiengineering.com
[phone] (direct line)
pg. 2

�.Ze 4

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 19, 2015
Mr, Michael Cramer, Town Manager
Town of Carolina Beach
1121 N. Lake Park Blvd.
Carolina Beach, INC 28428
Subject: Request for Additional Information
Stormwater Project No. SW8 150810
Carolina Beach Greenway
New Hanover County
Dear Mr. Cramer:
Donald R. van der Vaart
Secretary
The Wilmington Regional Office received and accepted a State Stormwater Management Permit Application
for the Carolina Beach Greenway on August 12, 2015. A preliminary in-depth review of that information has
determined that the application is not complete. The following information is needed to continue the
stormwater review:
1. 15A NCAC 02H.1003(g)(5): Please clarify the project area and boundary associated with this permit.
The plans identify the project boundary to the west of the proposed greenway, but it is unclear if the
eastern boundary is the bold line of a similar line type or the property boundaries that are identified with
bearings and distances. Also, please be sure that the stormwater pond and associated project area
approved under SW8 031020 is excluded from the low density boundary identified for this project.
2. 15A NCAC 021-1.1003(h)(3): If it is desired to issue the permit to the Town of Carolina Beach as the
lease, please provide the lease agreement and reference for the section within this agreement that
identifies the party responsible for maintenance of the project and compliance with any necessary
permits.
Please remember that a change to one number may have a domino effect on other numbers. Please check
all plans, calculations and forms to ensure that the numbers are consistent throughout.
Please note that this request for additional information is in response to a preliminary review. The requested
information should be received in this Office prior to November 20, 2105, or the application will be returned
as incomplete. The return of a project will necessitate resubmission of all required items, including the
application fee.
If you need additional time to submit the information, please mail, email or fax your request for a time
extension to the Division at the address and fax number at the bottom of this letter. The request must
indicate the date by which you expect to submit the required information. The Division is allowed 90 days
from the receipt of a completed application to issue the permit.
The construction of any impervious surfaces, other than a construction entrance under an approved
Sedimentation Erosion Control Plan, is a violation of NCGS 143-215.1 and is subject to enforcement action
pursuant to NCGS 143-215.6A.
Please reference the State assigned project number on all correspondence. Any original documents that
need to be revised have been sent to the engineer or agent. All original documents must be returned or new
originals must be provided. Copies are not acceptable. If you have any questions concerning this matter
please feel free to call me at [phone] or email me at christine. [e-mail].
Sincerely,
uvz,��
Christine Hall
Environmental Engineer
GDSlcanh: II1Stormwater\Permits & Projects120151150810 LD12015 10 addinfa 150810
cc: Gregory Thomson, SEPI Engineering & Consulting
Matthew Swanson, Chief of Public Works, MOTSU
Wilmington Regional Office Stormwater File
Division of Energy, Mineral, and Land Resources
Land Quality Section — Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405
[phone] / Fax: [phone] • Internet: hftp://portal,ncdenr.org/web/irl
An Equal Opportunity 1 Af irmat}ve Actlon Employer— Made in part by recycled paper

A*
Calmer, Jo
From: Casmer, Jo
Sent; Tuesday, August 18, 2015 3:38 PIVI
To:'[e-mail]'; 'gthompson [e-mail]'
Subject: Carolina Beach Greenway; Stormwater Permit SW8 150810
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources (Stormwater Section)
received the Stormwater Permit Application and $505.00 fee on August 12. 2015. The project has been assigned
to Christine Hail and you will be notified if additional information is needed. Please be advised that the
construction of built —upon area may not commence until the Stormwater Permit is issued.
Ja Calmer•
Administrative Assistant for DEMLR/Stonmvmter Section
NC Department of Environment & Natural Resources
Dept. of Environmental Assistance & Customer Service
127 Cardinal Drive Extension
Wilmington, NC 28405
Phone: [phone]
Fax: [phone]
Jo.casmer anncdenr.gov
Email cvrnaspondence to and tram this address may be subject to the North Carolina Public Records Law and may be disdosed to third
parties

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Completeness Review Checklist
Project Name:
Project Location:
N
Received Date:, C� tz 2Z I i
Accepted Date: 0,t�� ( Z., 2-Z C
Rule(s) 02008 Coastal 1:11995 Coastal ®Phase 11 (WiRO.) ®Universal ®1988 Coastal
Type of Perm' :New or Mod or PR Existing Permit # (Mod or PR): IPE Cert on File?
Density: HD or LD Type/Commercial or Residential ®NCG:
%: _ ®(% OK?) Stre s: ®SA Map ®Offsite to SW8
Subdivided?: Subdivision or Single Lot F-JORW Map r7 Exempt
Paperwork Emailed Engineer on:
fflement(s) (1 original per BMP) BMP Type(s):
with correct/original signatures (1 original per BMP except LS/VFS and swoles)
4
ff.A-ppIication with correct/original signatures ®Deed
Corp or LLC: Sig. Auth. per SoS or letter r-LIEKiail Address: Design Engineer
505 (within 6mo) ail Address: Owner
®Soils Report with SHWT Note to Reviewer: l11A. A
ations (s+grre*sts ) "`A.
®No obvious errors
®Density includes common areas, etc
ElDeed Restrictions, if subdivided:
®Signed & Notarized
®Correct Template Comm Res & HD LD or Dec. Covenants & Rest.
Plans
oz-s-e-t'ls ®Details (roads, cul-de-sacs, curbs, sidewalks, BMPs, Buildings, etc)
11 Grading ®Wetlands: Delineated or No Wetlands
MI-ic', nity Map ®Layout (proposed BUA dimensions)
A�gend ®DA Maps ®Project Boundaries
Infiltration
Wet Pond
Offsite
Soils Report
Soils Report
®PE Cert for Master Lot #:
SHWT:
SHWT:
®Deed Rest for Master ®Lot #Matches Master
Bottom:
]Visited:
PP:
BUA Permitted (Master): sf
BUA Proposed (Offsite): sf
Additional Information:
Permitted
BUA (sf)
DA (sf)
PP (el)
SHWT (e€)
Depth (ft)
SA (sf)
Proposed: Proposed:

SEPI
CE N G IN E E R I N G &
C O N S T R U C T I O N
LETTER OF TRANSMITTAL
To: NCDENR
Wilmington Regional Office
Attention: Linda Lewis
Phone: [phone]
From: Eric Seidel, PE
Subject: Carolina Beach Island Greenway
Ocean Blvd. Crossing
We are sending you:
❑ Shop Drawings ❑ Prints
❑ Specifications ❑ Copy of Letter
❑ Contracts ❑ Invoice
Copies Date
2 5-11-15
2
I
1
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5030 New Centre Drive, Suite B
Wilmington, NC 28403
Tel [phone]
Fax [phone]
Date: August 12, 2015
VIA: Hand Delivered
SEPI Project No.: SR14.024.00
® Plans ® Applications
❑ Change Order ❑ Reports
Description
Carolina Beach Greenway Construction Drawings
Stormwater Application
$505 Application Fee
Low Density Supplement
Stormwater Report (Calculations, Narrative, USGS Map)
Comments:
Please review for approval and call with any questions or concerns. Thanks.
NEC EIVE
E
AUG 12 2015
Q BY:
Signed: � •J Page:
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