20160419 Ver 1_Application_20160415

Montalvo, Sheri A
From:Burdette, Jennifer a
Sent:Friday, April 15, 2016 11:37 AM
To:Montalvo, Sheri A
Subject:FW: Carolina Beach Maintenance Project - PCN (USACE Action ID SAW-2011-00914)
Attachments:Carolina Beach Lake PCN Packet 4-15-16.pdf
Follow Up Flag:Follow up
Flag Status:Flagged
For your use when the paper application arrives.

Jennifer Burdette
401/Buffer Coordinator
Division of Water Resources - 401 & Buffer Permitting Branch

Department of Environmental Quality
919 807 6364 office
[e-mail]

1617 Mail Service Center
Raleigh, NC 27699-1617
th
(Physical Address: 512 N. Salisbury St, Raleigh, NC 27604 - 9 Flr Archdale Bldg – Room 942F)

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

From:
Dana Lutheran \[mailto:[e-mail]\]
Sent:
Friday, April 15, 2016 11:11 AM
To:
'Policarpo, John N SAW' <[e-mail]>; Coburn, Chad <[e-mail]>;
Burdette, Jennifer a <[e-mail]>
Subject:
Carolina Beach Maintenance Project - PCN (USACE Action ID SAW-2011-00914)

Hello, John, Chad and Jennifer.

I hope this email finds you all well.

Please find the PCN, for this project, attached.

Chad,

I will mail 4 copies and the filing fee to Raleigh. Do you need a hard copy dropped off at your office?

Jennifer,

Should I send the 4 copies to your or Karen’s attention?
1

Thanks a bunch. Hope you guys have a great weekend!

Dana

Dana A. Lutheran
Southern Environmental Group, Inc.
5315 South College Road, Suite E
Wilmington, NC 28412
Office 910.452.2711
Mobile [phone]

Virus-free. www.avast.com

2

5outllern Environmental Group, Inc.
5515 South College Road, juite F - Wilmington, North Carolina 28412
910.452.271 1 - Fax: [phone] - [e-mail] - www.segi.us
15 April 2016
Electronic Mail
Mr. John Policarpo
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, NC 28403
John.N. P oli carp&usac e. army. mil
Mr. Chad Coburn
NC Division of Water Resources
127 Cardinal Drive Extension
Wilmington, NC 28405
Chad. Cobum(kncdenr. gov
RE: Pre -Construction Notification for NWP 31 and WQ Certification 3892
Carolina Beach Lake Maintenance Project
Carolina Beach, New Hanover County, North Carolina
SAW -2011-00914
Dear John and Chad,
[SEGi Project #: 14-007.011
Southern Environmental Group, Inc. (SEGi) has been retained by the Town of Carolina Beach (herein referred to as
"Applicant") to submit the attached Pre -Construction Notification (PCN), in order to obtain the US Department of the
Army's and NC Division of Water Resource's approval to utilize Nationwide Permit 31 and WQ Certification 3892, within
jurisdictional waters (i.e. Carolina Beach Lake), in Carolina Beach, New Hanover County, North Carolina.
The purpose of this project is to increase the water depth by approximately 6 feet across 9.8 -acres of the 11.5 -acre lake,
leaving 20 feet of undisturbed bottom along the edge, which should ensure adequate slope for bank stabilization. In total,
approximately 94,667 cubic yards of material will be extracted from the lake. The need to do this work is for flood control.
The project will take place in at least two phases, as the work can only be undertaken during the off season (i.e. September
through April). A long arm trackhoe, with a clam shell bucket on the end, will excavate the material, which will be placed
on barges and then onto lined, dump trucks and hauled approximately a mile away to the spoil disposal site. Silt curtains
will be utilized to reduce turbidity within the lake, during the construction process.
It is SEGi's hope that the information found within and attached to this correspondence will allow the USACE and DWR to
process the approval requests, and the authorizations will be issued. However, if you find you need additional information,
please do not hesitate to contact me at 910.22.1841 or by email at dlutheranks, es�i.us.
As always, thank you both, for your time and assistance with this project. We look forward to hearing from you.
Sincerely,
ana utheran
Project Manager
Enclosures: Attachment 1 —Pre -Construction Notification and Accompanying Appendices
CC: Ms. Karen Higgins — NC DWR 401 & Buffer Unit (Raleigh — 4 copies and filing fee)

Attachment 1 - Carolina Beach Lake Maintenance Project PCN
C]��k VJ A xE�<
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Office Use Only
Corps action ID no.
DWR project no.
Form Version 1.4 January 2009
Pre -Construction Notification (PCN) Form
A.
Applicant Information
1.
Processing
1 a.
Type(s) of approval sought from the Corps:
® Section 404 Permit ❑ Section 10 Permit
1b.
Specify Nationwide Permit (NWP) number:
3 or General Permit (GP) number: 3883
1c.
Has the NWP or GP number been verified
by the Corps?
®Yes ❑No
1d.
Type(s) of approval sought from the DWR
❑401 Water Quality Certification —
❑401 Water Quality Certification —
(check all that apply):
Regular ❑Non -404 Jurisdictional General Permit
Express F] Riparian Buffer Authorization
le.
Is this notification solely for the record
because written approval is not required?
For the record only for DWR
401 Certification:
❑Yes ®No
For the record only for Corps Permit:
❑ Yes ® No
1f.
Is payment into a mitigation bank or in -lieu fee program proposed for mitigation of
impacts? If so, attach the acceptance letter from mitigation bank or in -lieu fee
program.
❑ Yes ®No
1 g.
Is the project located in any of NC's twenty coastal counties. If yes, answer 1 h
below.
®Yes ❑No
1 h.
Is the project located within a NC DCM Area
of Environmental Concern (AEC)?
❑Yes ®No
2.
Project Information
2a.
Name of project:
Carolina Beach Lake Maintenance Project
2b.
County:
New Hanover
2c.
Nearest municipality/ town:
Carolina Beach
2d.
Subdivision name:
NA
2e.
NCDOT only, T.I.P. or state project no:
NA
3.
Owner Information
3a.
Name(s) on Recorded Deed:
Town of Carolina Beach / MOTSU
3b.
Deed Book and Page No.
(see Appendix A)
3c.
Responsible Party (for LLC if applicable):
Mr. Jerry Hair/ Mr. Gil Dubois / Mr. Michael Cramer
3d.
Street address:
1121 N Lake Park Blvd.
3e.
City, state, zip:
Carolina Beach, NC 28428
3f.
Telephone no.:
[phone]
3g.
Fax no.:
NA
3h.
Email address:
jerry.haire(&carolinabeach.or2 / 0l.dubois(a,carolinabeach.or2
michael.cramer(&carolinabeach.or2

Attachment 1 - Carolina Beach Lake Maintenance Project PCN
4.
Applicant Information (if different from owner) - same as above.
4a.
Applicant is:
❑Agent ❑Other, specify:
4b.
Name:
Latitude: 34.029156 ON Longitude: 77. 896626 °W
4c.
Business name (if applicable):
2. Surface Waters
4d.
Street address:
Atlantic Ocean
4e.
City, state, zip:
2c. River basin:
4f.
Telephone no.:
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
4g.
Fax no.:
the entire lake (-13.0 Acres) and its upland fringe, including access points. The lake and its upland surrounding area are
4h.
Email address:
dominated by Phragmites.
5.
Agent/Consultant Information (if applicable)
5a.
Name:
Dana Lutheran (see Appendix B)
5b.
Business name (if applicable):
Southern Environmental Group, Inc. (SEGi)
5c.
Street address:
5315 South College Road, Suite E
5d.
City, state, zip:
Wilmington, NC 28412
5e. Telephone no.:
910.452.2711
5f.
Fax no.:
910.452.2899
5g.
Email address:
dlutheran(&segi.us
B. Project Information and Prior Project History
1. Property Identification
1a. Property identification no. (tax PIN or parcel ID):
The lake parcel does not have a PIN or ID / MOTSU R09100-002-
001-000 (see Appendix C)
1b. Site coordinates (in decimal degrees):
Latitude: 34.029156 ON Longitude: 77. 896626 °W
1 c. Property size:
Lake parcel only - Approximately 17 acres
2. Surface Waters
2a. Name of nearest body of water to proposed project:
Atlantic Ocean
2b. Water Quality Classification of nearest receiving water:
HQW
2c. River basin:
Cape Fear (03030005)
3. Project Description
3a. Describe the existing conditions on the site and the general land use in the vicinity of the project at the time of this
application:
This project consists of two, non-contiguous sites. The first site is the Carolina Beach Lake project area, which encompasses
the entire lake (-13.0 Acres) and its upland fringe, including access points. The lake and its upland surrounding area are
maintained by the Town of Carolina Beach routinely. A public walking path, with several bridges, has been constructed
around the perimeter of the lake. There are several small vegetated wetland pockets within the pond. These pockets are
dominated by Phragmites.
The second site is located off Dow Road and is part of the Sunny Point Buffer Area. The property is utilized by the Town of
Carolina Beach for waste water treatment. This area is situated on a sand ridge and is entirely upland. The Town maintains
the tract as needed.
3b. List the total estimated acreage of all existing wetlands on the property: ^-11.5 Acre (see Appendix D)
3c. List the total estimated linear feet of all existing streams (intermittent and perennial) on the property: NA
3d. Explain the purpose of the proposed project:
The purpose of this project is to deepen the lake by approximately 6', which is necessary for flood control (see Appendix D).

Attachment 1 - Carolina Beach Lake Maintenance Project PCN
3e. Describe the overall project in detail, including the type of equipment to be used:
The project consists of removing approximately 94,667 CY of muck, sand and vegetation from the lake. A long arm trackhoe,
with a clam shell shovel, will be used to excavate the material and place it in dump trucks, which have been sealed to ensure
spoil does not leak out onto roads. The spoil will then be hauled a mile west, to the disposal site. Two basins will be
constructed at the spoil disposal area, to house the muck and sand. Please see Appendix D for details of the project.
4. Jurisdictional Determinations
4a. Have jurisdictional wetland or stream
®Yes [:]No ❑Unknown
determinations by the Corps or State been
2f.
Area of impact
(acres)
requested or obtained for this property / project
Comments:
4b. If the Corps made the jurisdictional determination,
❑Preliminary ❑Final
what type of determination was made?
0.46
4c. If yes, who delineated the jurisdictional areas?
Agency/Consultant Company:
Name (if known): Dana Lutheran
SEGi
4d. If yes, list the dates of the Corps jurisdictional determinations or State determinations and attach documentation.
A JD was issued on 4/13/12, under SAW -2011-00914 (see Appendix E), but the JD is shown as expiring on the date it was
issued. Therefore, on 9 March, Mr. John Policarpo walked both sites (i.e. Carolina Beach Lake and the MOTSU Spoil
Disposal Site). On this date, Mr. Policarpo agreed that the limits Section 404 wetlands and/or waters is limited to the normal
water level of the lake, and confirmed there are no wetlands within the proposed spoil disposal area.
5. Project History
5a. Have permits or certifications been requested or
❑Yes ®No ❑Unknown
obtained for this project (including all prior phases)
0.48
in the past?
3. Stream Impacts
5b. If yes, explain in detail according to "help file" instructions.
NA
6. Future Project Plans
6a. Is this a phased project?
®Yes ❑No
6b. If yes, explain.
The project will take place over a period of 2 years. However, all impacts to waters and wetlands are accounted for, in this
permit request.
C. Proposed Impacts Inventory
1. Impacts Summary
1 a. Which sections were completed below for your project (check all that apply):
®Wetlands ❑Streams - tributaries ❑Buffers ®Open Waters ❑Pond Construction
2. Wetland Impacts
If there are wetland impacts proposed on the site, then complete this question for each wetland area impacted.
2a.
Wetland impact
number Permanent
(P) or Temporary (T)
2b.
Type of impact
2c.
Type of wetland
2d.
Forested
2e.
Type of jurisdiction Corps
(404,10) or DWR (401,
other)
2f.
Area of impact
(acres)
1
Excavation
Phragmites Plume
N
404
0.46
2
Excavation
Phragmites Plume
N
404
0.01
3
Excavation
Phragmites Plume
N
404
0.01
2g. Total Permanent Wetland Impacts:
0.48
2h. Comments: See Appendix D for details.
3. Stream Impacts
3a. Stream impact
number Permanent (P)
or Temporary (T)
3b. Type of
impact
3c. Stream name
3d. Perennial
(PER) or
intermittent (INT)?
3e. Type of
jurisdiction
3f. Average
stream width
(feet)
3g. Impact
length (linear
feet)

Attachment 1 - Carolina Beach Lake Maintenance Project PCN
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The Applicant has avoided permanent impacts to wetlands and waters, with this project. The work being proposed is for
maintenance of the existing lake. Spoil will be disposed of in an area entirely in uplands (see Appendix D).
2b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence will be utilized around all disturbed areas (i.e., spoil disposal area, laydown yard, loading and unloading areas).
The lake will be sectioned off with a silt curtain to keep turbidity to a minimum, in waters outside the area being excavated at
the time.
3h. Total stream and tributary impacts:
NA
4. Open Water Impacts
If there are proposed impacts to lakes, ponds, estuaries, tributaries, sounds, the Atlantic Ocean, or any other open water of the U.S.
then individually list all open water impacts below.
4a.
Open water impact
number Permanent (P) or
Temporary (T)
4b.
Name of water body
(if applicable)
4c.
Type of impact
4d.
Water body type
4e.
Area of impact (acres)
01 Temporary
Carolina Beach Lake
Excavation
Lake
9.8 AC
4f. Total open water impacts
9.8 AC
4g. Comments: Please see Appendix D for details.
5. Pond or Lake Construction
If pond or lake construction proposed, then complete the chart below.
5a.
Pond ID number
5b.
Proposed use or
purpose of pond
5c.
Wetland Impacts (acres)
5d.
Stream Impacts (feet)
5e. Upland
(acres)
Flooded
Filled
Excavated
Flooded
Filled
Excavated
P1
5f. Total:
NA
5g. Comments:
5h. Is a dam high hazard permit required?
❑Yes ❑No If yes, permit ID no:
5i. Expected pond surface area (acres):
5j. Size of pond watershed (acres):
5k. Method of construction:
6. Buffer Impacts (for DWR)
If project will impact a protected riparian buffer, then complete the chart below. If yes, then individually list all buffer impacts below. If
any impacts require mitigation, then you MUST fill out Section D of this form.
6a. Project is in which protected basin?
Neuse Tar -Pamlico Catawba Randleman Other:
6b.
Buffer Impact number-
Permanent (P) or
Temporary (T)
6c.
Reason for impact
6d.
Stream name
6e.
Buffer Mitigation
required?
6f.
Zone 1 impact
(square feet)
6g.
Zone 2 impact
(square feet)
B1
6h. Total Buffer Impacts:
NA
6i. Comments:
D. Impact Justification and Mitigation
1. Avoidance and Minimization
1 a. Specifically describe measures taken to avoid or minimize the proposed impacts in designing project.
The Applicant has avoided permanent impacts to wetlands and waters, with this project. The work being proposed is for
maintenance of the existing lake. Spoil will be disposed of in an area entirely in uplands (see Appendix D).
2b. Specifically describe measures taken to avoid or minimize the proposed impacts through construction techniques.
Silt fence will be utilized around all disturbed areas (i.e., spoil disposal area, laydown yard, loading and unloading areas).
The lake will be sectioned off with a silt curtain to keep turbidity to a minimum, in waters outside the area being excavated at
the time.

Attachment 1 - Carolina Beach Lake Maintenance Project PCN
2. Compensatory Mitigation for Impacts to Waters of the U.S. or Waters of the State
Compensatory mitigation is not required for this project, as the work will not remove function or devalue the waterbody.
2a.
Does the project require Compensatory Mitigation for
impacts to Waters of the U.S. or Waters of the State?
❑Yes ®No
2b.
If yes, mitigation is required by (check all that apply):
❑DWR ❑Corps
2c.
If yes, which mitigation option will be used for this
project?
❑Mitigation bank
❑Payment to in -lieu fee program
❑Permittee Responsible Mitigation
3.
Complete if Using a Mitigation Bank
3a.
Name of Mitigation Bank:
3b.
Credits Purchased (attach receipt and letter)
Type:
Quantity:
3c.
Comments:
4.
Complete if Making a Payment to In -lieu Fee Program
4a.
Approval letter from in -lieu fee program is attached.
E. Stormwater Management and Diffuse Flow Plan (required by DEMLR)
4b.
Stream mitigation requested:
4c.
If using stream mitigation, stream temperature:
4d.
Buffer mitigation requested (DWR only):
4e.
Riparian wetland mitigation requested:
4f.
Non -riparian wetland mitigation requested:
4g.
Coastal (tidal) wetland mitigation requested:
4h.
Comments
5.
Complete if Using a Permittee Responsible Mitigation Plan
5a. If using a permittee responsible mitigation plan, provide a description of the proposed mitigation plan.
NA
6. Buffer Mitigation (State Regulated Riparian Buffer Rules) — required by DWR
6a. Will the project result in an impact within a protected riparian buffer that requires
buffer mitigation?
❑Yes ®No
6b. If yes, then identify the square feet of impact to each zone of the riparian buffer that requires mitigation. Calculate the amount of
miti ation required.
Zone
6c.
Reason for impact
6d.
Total impact
(square feet)
Multiplier
6e.
Required mitigation
(square feet)
Zone 1
3 (2 for Catawba)
Zone 2
1.5
6f. Total buffer mitigation required:
NA
6g. If buffer mitigation is required, discuss what type of mitigation is proposed (e.g., payment to private mitigation bank, permittee
responsible riparian buffer restoration, payment into an approved in -lieu fee fund).
NA
6h. Comments:
E. Stormwater Management and Diffuse Flow Plan (required by DEMLR)
1. Diffuse Flow Plan

Attachment 1 - Carolina Beach Lake Maintenance Project PCN
1a.
Does the project include or is it adjacent to protected riparian buffers identified
within one of the NC Riparian Buffer Protection Rules?
❑Yes ®No
1 b.
If yes, then is a diffuse flow plan included? If no, explain why.
2.
Stormwater Management Plan
2a.
What is the overall percent of impervious area of this project?
0%
2b.
Does the project require a Stormwater Management Plan?
❑Yes ®No
2c.
If this project DOES NOT require a Stormwater Management Plan, explain why: ISA is not
proposed with this project
2d. If this project DOES require a Stormwater Management Plan, then provide a brief, narrative description of the plan:
NA
2e.
Who will be responsible for the review of the Stormwater Management Plan?
NA
3.
Certified Local Government Stormwater Review
3a.
In which local government's jurisdiction is this project?
3b.
Which of the following locally -implemented stormwater management programs
apply (check all that apply):
❑Phase II ❑NSW USMP
❑Water Supply Watershed
❑Other:
3c.
Has the approved Stormwater Management Plan with proof of approval been attached?
❑Yes ❑No
4.
DEMLR Stormwater Program Review
4a. Which of the following state -implemented stormwater management
programs apply (check all that apply):
❑Coastal counties ❑HQW
❑ORW ❑Session Law 2006-246
❑Other:
4b.
Has the approved Stormwater Management Plan with proof of approval
been attached?
❑Yes ❑No
5.
DWR 401 Unit Stormwater Review
5a.
Does the Stormwater Management Plan meet the appropriate requirements?
®Yes ❑No
5b.
Have all of the 401 Unit submittal requirements been met?
®Yes [:]No
F.
Supplementary Information
1.
Environmental Documentation (DWR Requirement)
1 a.
Does the project involve an expenditure of public (federal/state/local) funds or the use
of public (federal/state) land?
®Yes ❑No
1 b.
If you answered "yes" to the above, does the project require preparation of an
environmental document pursuant to the requirements of the National or State
(North Carolina) Environmental Policy Act (NEPA/SEPA)?
❑Yes ®No
1 c.
If you answered "yes" to the above, has the document review been finalized by the State
Clearing House? (If so, attach a copy of the NEPA or SEPA final approval letter.)
Comments:
❑Yes [—]No
2.
Violations (DWR Requirement)
2a.
Is the site in violation of DWR Wetland Rules (15A NCAC 2H .0500), Isolated Wetland
Rules (15A NCAC 2H .1300), DWR Surface Water or Wetland Standards, or Riparian
Buffer Rules (15A NCAC 2B .0200)?
❑Yes ®No
2b.
Is this an after -the -fact permit application?
❑Yes ®No
2c.
If you answered "yes" to one or both of the above questions, provide an explanation of the violation(s):
3.
Cumulative Impacts (DWR Requirement)
3a.
Will this project (based on past and reasonably anticipated future impacts) result in
additional development, which could impact nearby downstream water quality?
[—]Yes ®No

Attachment 1 - Carolina Beach Lake Maintenance Project PCN
3b. If you answered "yes" to the above, submit a qualitative or quantitative cumulative impact analysis in accordance with the most
recent DWR policy. If you answered "no," provide a short narrative description.
The project will not open surrounding lands to development, as it is maintenance of a stormwater feature.
4. Sewage Disposal (DWR Requirement)
4a. Clearly detail the ultimate treatment methods and disposition (non -discharge or discharge) of wastewater generated from the
proposed project, or available capacity of the subject facility.
NA
5. Endangered Species and Designated Critical Habitat (Corps Requirement)
5a. Will this project occur in or near an area with federally protected species or habitat?
❑Yes ®No
5b. Have you checked with the USFWS concerning Endangered Species Act impacts?
[—]Yes ®No
5c. If yes, indicate the USFWS Field Office you have contacted.
5d. What data sources did you use to determine whether your site would impact Endangered Species or Designated Critical
Habitat?
While the Northen Long Eared Bat is noted as an Endangered Species on the Natural Heritage Website, this site does not
provide habitat, as it is devoid of large trees and is in a populated area.
6. Essential Fish Habitat (Corps Requirement)
6a. Will this project occur in or near an area designated as essential fish habitat?
❑Yes ®No
6b. What data sources did you use to determine whether your site would impact Essential Fish Habitat (EFH)?
Carolina beach lake is a freshwater lake that is not tidally influenced and is not directly connected, via a watercourse that
would support EFH. This lake is part of the Town's stormwater management system.
7. Historic or Prehistoric Cultural Resources (Corps Requirement)
7a. Will this project occur in or near an area that the state, federal or tribal governments have
designated as having historic or cultural preservation status (e.g., National Historic Trust
❑Yes ®No
designation or properties significant in North Carolina history and archaeology)?
7b. What data sources did you use to determine whether your site would impact historic or archeological resources?
Neither of the two sites contains structures that would be considered historical. The lake is a relic freshwater marsh and the
spoil disposal site has been altered many times over the years.
8. Flood Zone Designation (Corps Requirement)
8a. Will this project occur in a FEMA -designated 100 -year floodplain?
®Yes ❑No
8b. If yes, explain how project meets FEMA requirements:
All of the lake is within the AE -13 Flood Zone, while a small portion of the Spoil Disposal site is located with an AE -9 flood
zone (see Appendix F).
8c. What source(s) did you use to make the floodplain determination?
New Hanover County GIS Portal.
Dana A. Lutheran (SEGi)
I I April 2016
Applicant/Agent's Printed Name
Date
Applicant/Agent's Signature
(Agent's signature is valid only if an authorization letter from the
applicant is provided.)

Carolina Beach Lake Maintenance Project
Appendix A
Carolina Beach Lake Deed and MOTSU Easement
Sr -6i

DEPARTMENT OF THE ARMY
SAVANNAH DISTRICT, CORPS OF ENGINEERS
100W. OGLETHORPE AVENUE
SAVANNAH, GEORGIA 31401-3604
REPLY TO December 11. 2014
ATTENTION OF:
Real Estate Division
The Honorable Dan Wilcox
Mayor of Carolina Beach
1121 North Lake Park Boulevard
Carolina Beach, North Carolina 28428
Dear Mayor Wilcox:
Enclosed is your executed copy of Supplemental Agreement No. 3 to Lease No.
DACA21-1-64-4180, which extends the term for two additional years ending on
December 31, 2016, for use of approximately 50 acres of land in the buffer zone,
Military Ocean Terminal, Sunny Point, NC.
If you have any questions, please contact me at [phone].
Sincerely,
w V.
Y dlra V. Gill
Realty Specialist
Management and Disposal Branch
Enclosure

SUPPLEMENTAL AGREEMENT NO.3
to
LEASE NO. DACA21-1-64-4180
MILITARY OCEAN TERMINAL, SUNNY POINT
NEW HANOVER COUNTY, NORTH CAROLINA
THIS SUPPLEMENTAL AGREEMENT NO.3 is made and entered into by and
between the SECRETARY OF THE ARMY, hereinafter referred to as the Secretary, and TOWN
OF CAROLINA BEACH, its successors and assigns, hereinafter referred to as the Lessee.
WITNESSETH
WHEREAS, on 1 January 1964, the Secretary granted to the Lessee a lease for use of
approximately 50.11 acres of land located in the Carolina Beach area, New Hanover County
beginning 1 January 1964 and ending 31 December 2013; and
WHEREAS, lease was amended on 11 August 1972 by Supplemental Agreement No.1 to
provide for approval to construct and maintain a 40' x 100' storage building and fenced outside
storage area; and
WHEREAS, lease was amended on 8 April 2014 by Supplemental Agreement No. 2 to
extend the term for one (1) year beginning 1 January 1964 and ending 31 December 2014; and
WHEREAS, the Lessee has a continuing requirement for use of the premises and it is the
desire of the parties to amend said lease to extend the term for two (2) years through 31 December
2016.
NOW, THEREFORE, in consideration of the premises and other good and valuable
considerations inuring unto each of the parties hereto, the parties hereto do mutually covenant and
agree that said Lease is amended in the following respect(s) and in this/these particular(s) only:
1. The Granting Clause is deleted in its entirety and the following is substituted.
"This Lease is granted for a term of fifty (50) years beginning 1 January 1964 and ending 31
December 2013 and pursuant to Supplemental Agreement No. 2, the term of this Lease, was
extended for one (1) year beginning 1 January 2014 and ending 31 December 2014; and pursuant to
this Supplemental Agreement No. 3, the term of this Lease, is extended for two (2) years beginning
1 January 2015 and ending 31 December 2016".
2. Condition 1 is deleted in its entirety and the following substituted:
"1. The Lessee shall pay rental in advance to the United States in the amount of Eleven
Thousand Two Hundred Fifty and NO/100 Dollars (11,250.00),payable per annum; in
advance, for the term hereof, to the order of the Finance and Accounting Officer, US Army

SUPPLEMENTAL AGREEMENT NO.2
TO LEASE NO. DACA21-1-64-4180
MOTSU, NORTH CAROLINA
Corps of Engineers, and delivered to District Engineer, U.S. Army Engineer District, Savannah
District, 100 W. Oglethorpe Avenue, Savannah, Georgia 31401-3604.
a. Rental consideration may be offset, in accordance with Title 10, United States Code,
Section 2667 (c) (1) (B), by the provision of construction of new facilities for the Secretary.
b. All rent and other payments due under the terms of this lease must be paid on or
before the date they are due in order to avoid the mandatory sanctions imposed by the Debt
Collection Act of 1982, (31 U.S.C. Section 3717). This statute requires the imposition of an
interest charge for the late payment of debts owed to the United States; an administrative
charge to cover the costs of processing and handling delinquent debts; and the assessment of an
additional penalty charge on any portion of a debt that is more than 90 days past due. The
provisions of the statute will be implemented as follows:
(1) The United States will impose an interest charge, the amount to be determined by
law or regulation, on late payment of rent. Interest will accrue from the due date. An
administrative charge to cover the cost of processing and handling each late payment will also
be imposed.
(2) In addition to the charges set forth above, the United States will impose a penalty
charge of six percent (6%) per annum on any payment, or portion thereof, more than ninety
(90) days past due. The penalty shall accrue from the date of delinquency and will continue to
accrue until the debt is paid in full.
(3) All payments received will be applied first to any accumulated interest,
administrative and penalty charges and then to any unpaid rental or other payment balance.
Interest will not accrue on any administrative or late payment penalty charge."
All other terms and conditions of the lease instrument shall remain unchanged and in full
force and effect.
INWIT S WHEREOF I have hereunto set my hand by authority of the Secretary of
the Army this (—N day of /34-c�, G,� 1-22LY
Witness (1)
G ,
Wi s (2)
al,;4ee4�tLl
JEN. FtRA. PENN
^eft' P ic, Chatham Cowry, GA
Commission Expires Sept. 29, 2015
Notary
W
al 4. V Xtimann
Say nnxh Oletrlct
Chief, Real Estate Olylehm
Real Estate Contracting Off 1W

SUPPLEMENTAL AGREEMENT NO.3
TO LEASE NO. DACA21-1-64-4180
THIS SUPPLEMENTAL AGREEMENT NO. 3 is also executed by the Lessee this
5* day of NUVem bP-r aolq .
TOWN OF CAROLINA BEACH
By: �ds (a
Name: MiCloc eA ayccMmr
Title: \ Ou) n A cxn Cc Se r
I
I ss
1 /
i
Witness (2)
NotaryPu lic n
P. NKMOLSON
NOTARY PUBLIC
New Hanover County
North CaroUna
Mr Commltslon Erplres Apr.13, 201;

SUPPLEMENTAL AGREEMENT NO.3
TO LEASE NO. DACA21-1-64-4180
CERTIFICATE OF AUTHORITY
)✓) i mko r lee ],lord (name) certify that I am the-E-,L;jn C I e r IC (title)
of Town of Carolina Beach, that M (r k ra(, I rf nmer (signator of outgrant) who signed the
foregoing instrument on behalf of the Grantee was then rn x ;n Mrt�(title of signator
of outgrant) of Town of Carolina Beach. I further certify that the said officer was acting within
the scope of powers delegated to this governing body of the Grantee in executing said
instrument.
TOWN OF CAROLINA BEACH
Date: i t- 5 70ILI I LI m k n, 1-1 n �n(i Cl
Clerk or Appropriate Official
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May 2012 Brenda Butler

Carolina Beach Lake Maintenance Project
Appendix B
Agent Authorization
sr -6i

5ECII
AGENT AUTHORIZATION FORM
PROPERTY LEGAL DESCRIPTION: Carolina Beach Lake and MOTSU (Town Easement Area)
LOT NO.
PLAN NO.
PARCEL I.D.
STREET ADDRESS:
113)
/ V
l�9
�/ VI P� K
4_
� Ute`
Property Owner: Town of Carolina Beach and US Government
The undersigned, registered property owner of the above noted property, does hereby authorize
Southern Environmental Groum Inc. (SEGi) to act on their behalf, in matters regarding areas of
environmental concern.
Property Owner's Mailing Address (if different than property above):
Telephone:
/-V-- � �- "y — - � —
Property Owner Authorized Signature
14I ChF1" I C"M r4�
Print Name
//-ao/6
Date
SEGi Authorized Signature
Dana A. Lutheran
Print Name
11 April 2016
Date

Carolina Beach Lake Maintenance Project
Appendix C
New Hanover County Parcel Maps
Sr -6i

Carolina Beach Lake Parcel Limits

4/3/2016 New Hanover County
PARID: R09100-002-001-000
USA
Parcel
Alt ID
312020.81.6134.000
Address
406 S DOW RD
Unit
NC
City
CAROLINA BEACH
Zip Code
-
Neighborhood
A7043
Class
GOV-Exempt Government
Land Use Code
911 -Governmental
Living Units
MORTON HUGH MCRAE JULIA T
Acres
1953.65
Zoning
C -C
Legal
Legal Description (1961.10 ACRES) U S HWY 421 SUNNY POINT BUFFER AREA
Tax District FD
Owners
Owner
USA
City
WILMINGTON
State
NC
Country
02-NOV-94
Zip
28402
THE DATA IS FROM 2016
Sales
406 DOW RD S
Sale Date
Sale Price
Grantee
Grantor
Book
Page
Sale Key
02-NOV-94
$0
EDWARDS MICHAEL F ETAL
HARRILL GEORGE E VERGI
1826
0490
377221
02-JUL-64
$0
USA
MORTON HUGH MCRAE JULIA T
0754
0176
377220
19 -DEC -56
$0
USA
ORRELL THOMAS R ETAL
0598
0122
377219
30-JUL-56
$0
USA
MORTON HUGH MCRAE ETAL
0580
0610
377218
Sale Details
1 of 4
Sale Date
02-NOV-94
Sale Key
377221
Sale Price
$.00
Grantee
EDWARDS MICHAEL F ETAL
Grantor
HARRILL GEORGE E VERGI
Sale Source
-
Book
1826
Page
0490
Sale Type
VACANT
Sale Validity
U -Unqualified
Sale Flag
STEB
Instrument #
Instrument Type
Quit Claim Deed
hftp://etax.nhcgov.com/pt/Datal ets/Pri ntD atal et.aspx?pi n= R09100-002-001-000&gsp= PROF I LEALL&taxyear= 2016&j ur= N H &ow nseq= 0&card=1 &rol I= R P&State... 1/3

4/3/2016 New Hanover County
Adj. Reason
Adj. Price
Adj. Amount
Link Click Here to view the deed for this parcel
Commercial 1 of 3
Card
1
Building Number
1
Structure Code/Description
WHS-WHS
Improvment Name
01
Units
1
Year Built
1967
Effective Year Built
1982
Grade
C
Class
-
Other Improvements
480
Other Imp Value
1
Total Under Roof
4500
Building Factor
1
Percent Complete
%
Percent Good
60%
Notes
1
Summary of Interior/Exterior Data
Card Line Number
Section
From Floor
To Floor
Area
1 1
1
01
01
4,500
2 1
1
01
01
1,739
2 2
2
01
01
480
3 1
1
01
01
640
Interior/Exterior Details
1 of 4
Card
1
Line Number
1
Section
1
From Floor
01
To Floor
01
Area
4,500
Use Group
WHS
Class
Physical Condition
A
Construction
4-4
Wall Height
12
Interior Wall
2-2
Air
0-0
Plumbing
0-0
Units
Functional Depr.
Economic Depr.
THE DATA IS FROM 2016
Misc. Improvements
Card Desc Year Built Grade Width Length Area
1 PO -PO 2001 C 12 12 144
1 PO -PO 1998 C 12 30 360
http://etax.nhcgov.com/pt/Datal ets/Pri ntDatalet.aspx?pi n= R09100-002-001 -000&gsp= PROF ILEALL&taxyear=2016&j ur= N H &ownseq=0&card=1 &rol l= R P&State... 2/3

4/3/2016 New Hanover County
1
UB -UB
1998
B
1
UB -UB
1992
C
1
FEN -FEN
1991
C
1
YL -YL
1991
C
1
GAR -GAR
1991
C
1
GAR -GAR
1991
B
1
PC -PC
1991
C
1
FEN -FEN
1991
C
1
UB -UB
1991
D
Values
Year
Total Land
Total Buildings
Appraised Total
THE DATA IS FROM 2016
8
12
96
8
16
128
1
1
500
4
1
1
24
37
888
26
36
936
500
1
500
1
10
1,800
10
20
200
MARKET VALUE SHOWN - EXEMPTIONS TO BE REFLECTED IN AUG BILLS
THE DATA IS FROM 2016
2016
$26,817,700
$316,800
$27,134,500
http://etax.nhcgov.com/pt/Datal ets/Pri ntDatalet.aspx?pi n= R09100-002-001 -000&gsp= PROF ILEALL&taxyear=2016&j ur= N H &ownseq=0&card=1 &rol l= R P&State... 3/3

Carolina Beach Lake Maintenance Project
Appendix D
Carolina Beach Lake Site Plan and Profile Drawings
Sr-Gi

Carolina Beach Lake Project Site Plan

Carolina Beach Lake Deepening Profile Drawing
Transect A
(Not to Scale)
Transect B
N
20'
—690'
,
Vf
L
Buffer
Water SurfaceBuffer
Buffer
v
o
o
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Existing Grade (-2.0' Below the Surface)
.V....................
c
....................�,
......... ..W.ate.r..Surfau.............................................................................................................................................................................................
..� ...................
0
c
0
N
-140' of vegetated area (to be removed)
Existing Grade -2.0' Below the Surface)E
\ /
\ /
o
Ln
o
\ Proposed Grade (-6.0' Below the Surface) /
°
a
c
>_
\ /
,�
c
'—
>_
o
\ /
o
U
Y
°
\\ Proposed Grade L-6_0' Below the Surface)
°
y
———————————————————————————————— — — — —//
—1285'
(Not to Scale)
Transect B
N
20'
—690'
20'
Vf
L
Buffer
Water SurfaceBuffer
Buffer
M
o
o
.......................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Existing Grade (-2.0' Below the Surface)
.V....................
c
Izt
\ /
M
0
c
0
N
\ /
\ /
\ /
0
Ln
o
\ Proposed Grade (-6.0' Below the Surface) /
°
y
Y
.�
>_
\---------------------------------------------------------------------------------------------------------/
.t
=
'—
>_
J
E
.tf
E
—
J
—730'
285'
(Not to Scale)
Transect C
(Not to Scale)
Transect D
20'
—245'
20'
N
L
Buffer
Water Surface
Buffer
M
o..............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Existing Grade (-2.0' Below the Surface)
r
o
Izt
-0
o
a
in
\ /
\ /
N
O
cu
Y
Q
o
\ /
\ Proposed Grade (-6.0' Below the Surface) /
Q
o
U
>_
\ Proposed Grade (-6.0' Below the Surface) /
\ — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — —
=
'—
>_
J
E
.tf
E
—
J
—500'
285'
(Not to Scale)
Transect D
(Not to Scale)
20'
—330'
20'
N
L
BufferWater
Surface
Buffer
M
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................
....................
o
Existing Grade (-2.0' Below the Surface)
o
U
\ /
N
O
U
y
°
\ Proposed Grade (-6.0' Below the Surface) /
o
V)
�
J
\—--------------------------------------------------------------------------------------------------------/
.tf
tE
—500'
(Not to Scale)

Carolina Beach Lake Deepening Profile Drawing
Transect E
(Not to Scale)
20'
—525'
20'
L
Buffer
Water Surface
Buffer
"
°1
.................
.........................................................................................................................................................................................................................................................
...................
0
0 0
Existing Grade (-2.0' Below the Surface)
0 C
0
O
.0
O O
.v .0
N
\
.0
.0
Q)
Ln
v N
� N
Q
`~
°
\\
Proposed Grade (-6.0' Below the Surface)
0
O
Ln
cn
_
_ _
--——————————————————————————————————————————————————————————————————————————————————— — — — — —�
^'565'
(Not to Scale)

Carolina Beach Lake Spoil Disposal Location Map
H V,•
ILL
,�,.,41
t
�
_,�� -s
_r, _ � • .q.: - # � pis -, -',� p
41
4
2j Limits of Spoil Disposal Basin
(-274,000 SF / 6.3 AC)
or
V
• +r
I".-

Carolina Beach Lake Maintenance Project
Appendix E
Carolina Beach Lake Jurisdictional Determination (Expired)
Sr -6i

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW -2011-00914 County: New Hanover U.S.G.S. Quad: Carolina Beach
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Town of Carolina Beach Agent: Soil & Environmental Consultants
Attn: Mr. Tim Owens Attn: Nicole Thomson
Address: 1121 N. Lake Park Blvd. - Address: 11010 Raven Ridge Road
Carolina Beach, NC 28428 Raleigh, NC 27614
[phone] [phone]
Property description:
Size (acres) 11.5 Nearest Town Carolina Beach
Nearest Waterway Atlantic Ocean River Basin Cape Fear
USGS HUC . 03030005 Coordinates 34.029367 N; 77.896585 W
Location description: Project area is Carolina Lake, located on S. Lake Park Blvd., between Atlanta Ave. and
Birmingham Ave. Carolina Beach, North Carolina.
Indicate Which of the Following Apply:
A. Preliminary Determination
_ Based on preliminary information, there may be wetlands on the above described property. We strongly suggest you have
this property inspected to determine the extent of Department of the Army (DA) jurisdiction. To be considered final, a
jurisdictional determination must be verified by the Corps. This preliminary determination is not an appealable action
under the Regulatory Program Administrative Appeal Process ( Reference 33 CFR Part 331). If you wish, you may
request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also, you may
provide new information for further consideration by the Corps to reevaluate the JD.
11. Approved Determination.
_ There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit
requirements of Section 404 of the Clean Water Act (CWA)(33 USC S 1344). Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
We strongly suggest you have the wetlands on your property delineated. Due to the size of your property and/or our
present workload, the Corps may not be able to accomplish this wetland delineation in a timely manner. For a more timely
delineation, you may wish to obtain a consultant. To be considered final, any delineation must be verified by the Corps.
The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an actuate depiction of all areas subject to
CWAjurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
X The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the
plat signed by the Corps Regulatory Official identified below on 4/1372012. Unless there is a change in the law or
our published regulations, this determination may be relied upon for a period not to exceed five years from the date
of this notification.
There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
Page 1 of 2

published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management
Act (CAMA). You should contact the Division of Coastal Management in Wilmington, NC, at [phone] to
determine their requirements.
Placement of dredged or fill material within waters of the US and/or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and/or the Corps regulatory program, please contact Emily Hughes at(910) 251-4635.
C. Basis For Determination
This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation Manual and Regional
Supplement and is adjacent to a Traditionally Navigable Water. This determination is base on information provided by
S&EC and a site visit by Emi1V Hughes on 9/01/2011.
D. Remarks
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination fiom the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies.only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room IOMI 5
Atlanta, Georgia 30303-8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by
**It is not necessary to sybmyt an RFA form to
correspondence.**
Corps Regulatory Official:
Date: 4/13/2012
Office if you do not object to the determination in this
Expiration Date: 4/13/2012
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to
do so, please complete the attached customer Satisfaction Survey or visit http://per2.nwp.usace.army.mil/smvey.htrnl to
complete the survey online.
Copy furnished:

Carolina Beach Lake Maintenance Project
Appendix F
New Hanover County GIS Flood Map
sr -6i

NHC Flood Map