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HomeMy WebLinkAbout20080459 Ver 1_CAMA Application_20080311~~;: ~~~~ ~ NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Michael F. Easley, Governor James H. Gregson, Director William G. Ross Jr., Secretary March 10, 2008 MEMORANDUM TO: Cyndi Karoly €.~~ Environmental Biological Supervisor MAR ~ ~ 2u0$ Division of Water Quality DENR - ti'VNi tR CluAUTY WETLANDS aND STORMWATER BRANCH FROM: Doug Huggett Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: CURRITUCK COUNTY PARKS & RECREATION Project Location: OCEAN PEARL ROAD, CAROVA BEACH, CURRITUCK CO. Proposed Project: COMMUNITY PARK & RECREATION AREA Please indicate below your agency's position ar viewpoint on the proposed project and return this form by 03/31/08 to 400 Commerce Avenue, Morehead Cite, NC 2857. If you have any questions regarding the proposed project, please contact John Cece at (252) 264-3901, ext. 234. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1367 U.S. 17 South, Elizabeth City, North Carolina 27909 Phone: 252-264-3901 1 FAX: 252-264-37231 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Affirmative Action Employer - 50% Recycled 110% Post Consumer Paper DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. 2. APPLICANT'S NAME: Currituck County, Carova Beach Park LOCATION OF PROJECT SITE: The proposed recreational park will be located in Carova Beach in the northern section of the outer banks portion of Currituck County. It will be located approximately 3 miles south of the Virginia /North Carolina border and 8 miles north of the end of NC Highway 12. The park will be constructed on Ocean Pearl Road approximately .5 miles south of the Carova Beach Volunteer Fired Department. Photo Index - 2006: None 2000: 201-2205 (X 16, W 16) 1998: 46-1177 (J13-14, K13-14) 1995: 201-2119 (T11, U11) 1989: 1-39-7 (D11-12, E11) 1984: 135-637 (J11, K11) 1978: 94-1219 (T8, U8) State Plane Coordinates - X: 2921160 Y: 1018970 Rover File: C092613A USGS Map: Knotts Island (LR) 3. _.INVESTIGATIONTYPE _CAIVIA arid D&F_ _ _ _ __ __ 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit -January 25, 2007 Was Applicant Present -Yes 5. PROCESSING PROCEDURE: Application Received Complete -February 19, 2008 _ Office -Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan - Currituck County 2006 Land Use Plan Land Classification From LUP -Limited Service Area (Areas Preferred for Low Density Development) AEC(s) Involved: Estuarine Waters, Public Trust Area, and Estuarine Shoreline Water Dependent: Yes Intended Use: Public (B) (C) (D) (E) Wastewater Treatment: (F) Type of Structures: Existing -None Planned -Septic Existing -Bulkhead Planned - Shoreside dock for eight boat slips, boat ramp with associated gravel driveways and parking areas, picnic shelters, restroom facility with showers, water well, volley ball court, horseshoe pits (G) Estimated Annual Rate of Erosion: Not applicable Source -Not applicable Field Investigation Report Carova Beach Park -Corolla, Currituck County Page 2 7. HABITAT DESCRIPTION: [AREA, square feet (SF)] E (A) Estuarine 32 SF 144 SF Waters /Public None (boatramp) None ier (p ) Trust Area (B) Estuarine 675 SF 320 SF 2,530 SF 2,670 SF Shoreline (drainfield) (boatramp) (shore side docks) (C) Uplands 4,950 SF None 23,583 SF N/A (drainfield) (D) Total Area Disturbed: 31,738 SF (.73 acres) (E) Primary Nursery Area: No (F) Water Classification: SC Fish Propagation Shellfishing Open: No 8. PROJECT SUMMARY: The applicant proposes to construct a community park and recreation area that includes: • A shoreside dock /walkway 6 feet wide and 365 feet long equipped with 8 boat slips along aman-made canal, • A pier 6 feet wide and 24 feet long, • A 20-foot by 16-foot boat ramp equipped with two 6-foot by 40-foot walkways and associated gravel driveways and parking areas, and • Picnic shelters, a restroom facility, a well, a volleyball court and horseshoe pits. Project Setting The subject property is a 5.3-acre parcel located in the four-wheel drive area of Carova Beach in Corolla, Currituck County. The undeveloped parcel is situated at the east end of the southern-most canal in Carova Beach's man-made canal system. It is bordered by Ocean Pearl Drive on the east side, Wild Horse Lane to the south, an undeveloped lot and aman-made canal to the north, and other undeveloped lots to the west. A 65-foot wide canal comprises the majority of the northern property boundary. The canal extends 2,800 feet west, then turns 1,800 feet northwest through the Carova Beach development until it connects to Knotts Island Bay in the northern portion of the Currituck Sound. The very flat parcel is elevated 3 - 4 feet above normal water level (NWLj. The northern portion of the parcel is vegetated with mowed weeds and grasses and contains two clumps of cedars (Juniperas species), bayberry bushes (Myricaceae species), and live oaks (Quercus virginia). There are no Coastal Wetlands present on the northern half of the property and there does not appear to be any U.S. Army Corps of Engineers Section 404 wetlands present either. Field Investigation Report Carova Beach Park -Corolla, Currituck County Page 3 General Permit 49654-A, issued by the Division of Coastal Management on October 17, 2007 authorized the installation of 325 feet of vinyl bulkhead along the southern shore of the adjacent canal and approximately 75 feet along the eastern end of the canal. Scattered other properties located on the canal have also been bulkheaded, but the shorelines of the adjacent undeveloped lots have not been hardened. Water depths average 1 - 2 feet adjacent to the existing bulkhead and are 4 - 5 feet deep in the center of the canal. No SAV was observed within 10 - 15 feet of the existing bulkhead, but SAV (Eurasion Watermilfoil, Myriophyllccm spicc~tism) was observed near the middle of the canal. Proiect Description The applicant proposes to construct a community park and recreation area in the northern half of the 5.3-acre parcel. The proposed park includes a shore side dock 6 feet wide along 300 feet of bulkhead on the southern shore of the man-made canal and an additiona160 feet along the bulkhead on the eastern end of the canal. The slatted, wooden dock on the southern shore of the canal will provide temporary mooring slips for up to 8 boats. These slips will be utilized by citizens visiting the proposed park and utilizing the 16-foot by 20-foot concrete boat ramp that will be installed at the eastern end of the canal. A 6-foot wide by 24-foot long pier will be installed in the far southeast corner of the canal to facilitate boat launching and retrieval. The proposed 16-foot by 20-foot concrete boat ramp will include two 6-foot wide by 40-foot long walkways located on the north and south sides of the ramp. A 16-foot by 20-foot concrete access apron will connect the ramp to approximately 20,000 SF of gravel driveways and parking areas that will be installed on uplands in the northeast portion of the property. Proposed additional upland development includes: • Three picnic shelters covered with 10-foot by 15-foot roofs, • A 20-foot by 24-foot cinder block restroom facility connected to the canal and gravel parking area by a 6-foot wide concrete sidewalk, • A well that will provide water to the proposed restroom facility, • A 75-foot by 75-foot drain field to properly dispose of the wastes from the restrooms, and • A volleyball court and two horseshoe pits. 9. ANTICIPATED IMPACTS It is anticipated that the proposed project will cause the following impacts. • The installation of the proposed boat ramp will result in the excavation of 32 SF of Estuarine Waters/Public Trust Areas AECs and the removal of approximately four CY of material from the bottom of the man-made canal. The installation of the boat ramp will also result in the excavation of 320 SF of Estuarine Shoreline AEC and the removal of approximately 30 CY of material. Field Investigation Report Carova Beach Park -Corolla, Currituck County Page 4 • The construction of the proposed septic drain field will result in the filling of 675 SF of Estuarine Shoreline AEC and 4,950 SF (.11 acres) of upland area. • The proposed shore side dock will result in the shading of 2,670 SF (.06 acres) of Estuarine Shoreline AEC. This same area will be temporarily disturbed during the construction of these structures. • The proposed pier will shade 144 SF of Estuarine Waters /Public Trust Area AECs. • The eight proposed boat slips will usurp approximately 1,280 SF (.03 acres) of Estuarine Waters/Public Trust Area AECs. • The proposed concrete sidewalk, concrete boat ramp, and gravel driveways will create approximately 2,170 SF (.OS acres) of impervious area in the Estuarine Shoreline AEC, including 624 SF within the 30-foot buffer. • The proposed development will disturb 2,530 SF (.06 acres) in the Estuarine Shoreline AEC and 23,583 SF (.54 acres) beyond the Estuarine Shoreline AEC. • A review of available maps indicates that no archaeological resources are located on the subject property. Submitted By: John Cece Jr. (252-264-3901 x234) Date: March 5, 2008 MAJOR PERMIT FEE MATRIX Applicant: L I 1 I? ~ !~{C~ ('G/C!/V ]~ cp>a-.~'KS -I- i2~'tP~'~-~-r't~ll Selection Development Type Fee DCM % DWQ (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or o en water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below a lies: III(A). For Private non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3301 (see attached can be a lied: ~ III(B). For public or ~ commercial development, if $400 100% ($400) 0% ($0) f General Water Quality -~' Certification No. 3301 (see attached can be a lied: III(C). If General Water ~ Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3301 (see attached) cannot be a lied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or o en water areas: RECEIIIE~' iVG ~~r ~.. Carova Beach Park Scope of work `Narrative' ~~ ~'~59 The project as proposed will be a park for the County of Curritu~k. It is intended to provide a recreation and picnic area to the local beach in the four wheel drive beach access area. The project will be located on a canal lot in Wild Horse Estates on the corner of Ocean Pearl Road and Wild horse Lane. The property is approximately 5.37 acres. The project will impact approximately .71 acres. The remaining portions of the site will be left undisturbed. This project is generally located on the North East of the site. The project will consist of Restroom facilities, covered picnic areas, bulkhead, pier, boat ramp, parking areas, and walkways. The canal leading to the project is extremely shallow generally 2 foot deep. The project has been designed for small skiff type boats. Specific Description of the Project: Bathrooms: • The structure will be 497sf. • The structure will be located 85' from the mud line. • The structure will be concrete slab with split faced masonry unit walls & Asphalt shingles. • The building will be raised 2 foot with fill to resist damage in case of flooding. • A conventional septic system will service the building. The septic field will be a 50' x 50' area. The tank will be shallow and receive 2 foot of fill and be stabilized with a clay topping. All fill will be surrounded with silt protection until stabilization. • There will be separate mens (urinal, toilet & sink) & women (2 toilets & sink) sides. There will be a small mechanical closet separating the two sides. Bulkhead: Installation of 351.83 if of bulkhead is currently Under way. Under a minor permit #49654. There will also be 43 foot of vinyl bulkhead for the returns. The bulkhead will be vinyl sheeting with pressure treated support members. Tie-Off There will be eight proposed tie off (temporary boat parking locations). Location one will be on the proposed pier. Locations two through eight will be located along the bulkhead. Two 6 inch by 6 inch piles shall be located 22 foot 9 inches apart and will extend from the bulkhead supports to tie off each boat. There will be approximately 7 foot 7inches between each boat tie off to ensure the boats do not bump together. Pier: A pier of treated construction will be constructed to beyond the ramp to aid in loading of boats. The pier shall be 6' wide by 24' long. The construction shall be of treated timbers. (In accordance with current building codes.) Boat Rama: • A boat ramp will be installed. • The proposed ramp shall be 16 foot wide by 40 foot long and 6 inches thick. • Excavation on the landward side will be required to provide proper ramp angles (13 degree maximum). Approximately 16 foot wide area will be excavated at an angle up ward to the average ground elevation of the parking area. • Approximately 30 cubic yards will be removed behind the bulkhead line to the establish the angel of the ramp. • Approximately 7.1 cubic yards will be removed beyond the bulkhead line into the mud line to establish elevations below the water for boats to float off the trailers. • Excavated material shall be used as in-fill behind the bulk head and for the grading in low spots around the site. Standing piles of excavation shall be protected form erosion and stabilized as wasted on site. Parking lot: A 6 inch crush and run parking lot will be installed for temporary parking of vehicles. The lot will be graded to ensure drainage is away from the canal. There will be one 8' x 10' concrete parking spot to allow parking for handicapped parking. Walkwavs: • A 6 foot wide wood walkway will be installed to allow access along the edge of the canal. • A 6 foot wide concrete walkway will be installed from the handicapped parking spot to the restroom, picnic area and to the wooden walk way at the bulkhead. Covered Picnic areas: • Three covered picnic areas will be installed. One of which shall be designated ADA. The picnic areas shall be approximately 12' wide by 8' long. The picnuc areas shall have concrete pavement with timber column/ trusses & asphalt shingles. SUPPLEMENTARY CONDITIONS It is not intended that boats be parked overnight. It is our understanding the owner will be posting temporary morning and no overnight morning signs. No fueling stations, or vending is intended on this project. No sewage pumping from boat to land is anticipated. ISM MP-1 ~NG~ APPLICATION for ^ : ~, or Development Permit _t ~.^ «, (last revised 12127/06) - North Carolina DIVISION OF COASTAL MANAGEMENT 2. Agent/Contractor Information Business Name ~' r:~~ = C~'~2 ~~~7 i AgenU Contractor 1: First Name Mi Last Name ` AgenU Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 Phone No. 2 ~S~' a3~ ' ar~~ext. ~5~ ~ ~{a1 - ~i~3 ext. ~-~ s FAX No. Contractor # Street Address (if different from above) City Stale ZIP Email ~ ~ ~ 1 <Form continues on back> 7. GENERAL a. Proximity of structure(s) to adjacent riparian property Ilnes b. Proximity of structure(s) to adjacent docking facilities. -- -S3J L K'~ ~ ~- w.PLY-...~ to `l At'~ t.S(~ C~QAR t A- i ~~N ~ ~ ' Note: For buoy or mooring piling, use arc of swing Including length of vessel. c. Width of water body $ysr'Orsf e. (i) Will navigational aids be required as a result of the project? ^Yes ^No ~NA (ii) If yes, explain what type and how they will be implemented. d. Water,depth at waterward end of structure at NLW or NWL 3.5 B. OTHER ^This section not applicable a. Give complete description: i ~ w t1~ k w Ay ~.t~ U D ~3 ~ ~ K K-~ s F(o ~ ~ p~= :t- D =~c ~~ ~ `,~c~ A S ST l1 u LZ iC2..~ ~,~AT iTz ~ ~ Sr- ~qLL Q` ZCLZ~re~a L.~C, ~-I ~ a ~ 2310 Date c~,z~ c i~ ~ +~ Project Name Q ~ F W ~ ~ ~~'`.1'C1~ Applicant Name a Q • • _' Applicant Signature im OCMM1~5 ~ I~ BRIDGES and CULVERTS Attach this form to Joint Application for CAMA MaJor Permit, Form DCM MP-t. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 7. BRIDGES ^This section not applicable a. Is the proposed bridge: ^Commercial ^PubliclGovernment ^Private/Community c. Type of bridge (construction material): ;' e. (i) Will proposed bridge replace an existing bridge? ^Yes ^No If yes, (ii) Length of existing bridge: (iii) Width of existing bridge: (iv) Navigation clearance underneath existing bridge: (v) Will all, or a part of, the existing bridge be removed? {Explain) b. Water body to be crossed by bridge: d. Water depth at the proposed crossing at NLW or NWL f. (i) Will proposed bridge replace an existing culvert? ^Yes ^No If yes, (ii) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NHW or NINL: (v) Will all, or a part of, the existing culvert be removed? (Explain) g. Length of proposed bridge: h Width of proposed bridge: i. Will the proposed bridge affect existing wafer flow? ^Yes ^No j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ^Yes ^No If yes, explain: If yes, explain: k. Navigation clearance underneath proposed bridge: I. Have you contacted the U.S. Coast Guard concerning their approval? ^Yes ^No If yes, explain: m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: waters? ^Yes ^No If yes, explain: ~. CULVERTS ^This section not applicable a. Number of culverts proposed: b. Water body in which the culvert is to be placed: c.. Will the proposed project require any work channels? d. How will excavated or fill material be kept on site and erosion ^Yes ^No controlled? ff yes, complete Form OCM-MP•2. e. What type of construction equipment will be used (for example, f. Will wetlands be crossed in transporting equipment to project site? dragline, backhoe, or hydraulic dredge)? ^Yes QNo If yes, explain steps that will be taken to avoid or minimize environmental impacts. 9. Will the placement of the proposed bridge or culvert require any shoreline stabilization? ^Yes ^No If yes, complete loan MP-2, Section 3 for Shoreline Stabilization only. ' . rz a3 ~ _ Date -- ('ttiQcz; c~~K ~ l Project Name Applicant Name a ~ . ~. 1 Applicant Signature AMA / REDGE & FILL ~.~~ ~~N ~ .~~'f~ l~~ 49654 .. ENE L PERMIT Previous permit # w ^Modification ^Complete Reissue ^Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natu I Resources and the Coastal Resources Commission in an area of environmental cpDSjep~u t to 15A NCAC ,/~ (, ~~//~~ ~~tt les attached. ApplicantName_ ~-~ R 1\~~L~ -~Y--~"t~ Project Location: County~'~/ ~I~~~ Address ~?~4__~_~_- __ _ Street Address/ State Road/ L„oft #(s) City ~~~(~ ~~k State ZIP_a ~ "/ a -1 ~®/~ ,/~~' L/~V " 1'~~fl UL Phone # (1~~ 3 ~ 3043~ax # ( ) Subdivision lg~1~,/1 V'/~T Authorized Agent _ ___~~A1 ~3 d (~~~ City LL ZIP Affected ^ cW W -iTA `7~" ^ PTS Phone # O River Basin ~ $ AEC s : ^ oeA CJ HHF ^ IH ^ UBA ^ N/A O ^ PWS: ^ FC: ORW: yes /jndl PNA yes / ~O Crit.Hab.r yes Type of Proje~ct/ Activity ~/Jl~~j -~-L ~-~I Groin length number ulkhea Riprap length- avgdistance offshore Shoreline Length.- SAV: oC s r yes no Sandbags: not sure yes Moratorium: ~ y,~ no Adi. Wtr. Body npat,~ unkn Closest Maj. Wtr. Body-~SU4t~in gl-~ L A building permit may be required by: ~~ Q,'~ (, 1,1 Notes/ Special Conditions (Scale: A ~~ ^ See note on back regard g River Basin rules. r ~-s3 r~~ w~ B@~ Agent or Appli t Printed Name Sign re Please read compliance statement on back of ermit' .n~~r~ x,31 ~~l~~h~ a l~7/d Issuing Date T irati n Date r~ 2R ~~r K ~a9 a6 I3A ~ __ poi-_..:_ i ._::,:...:..., o...,e.c~ieni~.ee DIVISION OF COASTAL MANAGEMENT AGENCY FORM FOR PERMIT APPLICATIONS ANC ~F ,.~., __`--- I ~.,~cc5or1 5, ~E~145 , owner of the property located at: (property owner) ~ '' `~ `,'~iSlALtVIANA~EM} „s C`~ciq~ • o00.0~~n1 . Oc~ol~ ~Gzaboty~ ("i~,. (property location/address) (property location/address) do hereby authorize 1 a 6 (name of per sor. oh company acting as agent) to act as my agent for the purpose of obtaining any needed Coastal Area Management Act and/or Dredge and Fill Act permits, that may be needed for the proposed development at the above- indicated property, which entails: ~~«ChQ_Qc~ l n a ~oarc~ wa. (k. ,-~zYa~` Ram O lrJallla•~~~ ~ec~ rt~r,n i (describe proposed development for which permits are being sought) This agency authorization is limited to the specific activities described above, and will expire on: ~ / s /08 (date on which agency authorization expires) s (signature) ~4soh 5. (~E'~~45 (printed name of owner) ~/s"/o; (date) ~;rcc,~-~f o~ ~arlc..S ~~cctco~io•~ (title, if o~cer of corp. owner or trustee for property) Phone (252) 232-3007 Fax (252) 232-2045 COUNTY OF CURRITUCK Parks & Recreation Department Post Office Box 39 Currituck, North Carolina 27929-0039 MEMORANDUM TO: FROM: llATE: RE: Mr. Hood Ellis Jason S. Weeks, Director of Parks and Recreation ~~ May 7, 2007 Carova Beach Park Jasvn S. Weeks Director RECENEt` IVG ~Fr.~n i:a~TAt tViAN~1f~ElU~r ,; _,. w~r~,^~h~th C;;t,. As required by the Division of Coastal Management I am writing you to provide you with a description of the Carova Beach Park project that the County of Currituck will begin in May of 2007. The Currituck Parks and Recreation Department will be constructing a water access park on tax parcel 099DOOOOPEN0000. The County would like to request authorization from the Carova Corporation to proceed with this project. The County is proposing to bulkhead just under S(lOft. of canal front. There will also be a boardwalk attached to the bulkhead with tie ups for users to tie their boat up and access the ocean and beach. The County will construct a boat ramp, restrooms, picnic facilities, horseshoe pits, volleyball courts, and parking. if you have any questions regarding the construction of this facility please feel free to give me a call at 252-232-3007. EXHIBIT NORTH CAROLINA CURRITUCK COUNTY DESIGNATION OF SPECIAL AGENCY Subject to the express terms hereinafter stated, KNOW ALL MEN BY THESE PRESENTS that the undersigned, CAROVA CORPORATION, a North Carolina corporation and OCEAN SANDS CORPORATION, a Virginia Corporation as the original Developer (or its successor) ofthat certain residential subdivision located in Fruitville Township, Currituck County, North Carolina generally known as "Carova Beach," has made, constituted and appointed, and by these presents due, make, constitute and appoint the COUNTY OF CURRITUCK, their true and lawful special agent for them and in their name, place and stead, to (i) apply for and obtain any and all local, state or federal permits required to install and construct a bulkhead with tie ups, boardwalk, boat ramp, restrooms, picnic facilities, horseshoe pits, volleyball courts and parking area in the location and manner shown on Exhibit A attached adjacent to the canal platted of record in Section 10 of Carova Beach as recorded in Map Book 4 at Page 3 8 of the Currituck County Public Registry owned by the party designated as special agent; (ii) otherwise take such action as reasonably appropriate and necessary to install and construct a bulkhead with tie ups, boardwalk, boat ramp, restrooms, picnic facilities, horseshoe pits, volleyball courts and parking area in strict accordance with all permits therefor. The scope of this special agency is limited expressly to the purposes herein expressly stated and extends no further by implication or otherwise. Unless sooner terminated as herein provided, this designation of special agency shall commence on the date hereof and shall expire once the purposes for which the special agency has been created have been fulfilled, or one year from the date hereof, whichever event shall first occur. Carova Corporation and Ocean Sands Corporation reserve the right to revoke this Designation of Special Agency if the person herein named as special agent or its employees, agent, contractors, or servants, violate or exceed the scope of the special agency as herein expressly provided. As a condition for granting this designation of special agency, the COUNTY OF CURRITUCK hereby expressly agrees as follows: 1. That the COUNTY OF CURRITUCK will, bear any and all expense associated with this designation of special agency, including but not limited to payment of any and all permit application fees; payment of any and all permit or license fees; payment of all construction costs related to the installation and construction shown on Exhibit A attached; and any other expense which may arise by virtue of its actions or inactions pursuant to this designation of special agency. 2. That, at its sole expense, the COUNTY OF CURRITUCK will, indemnify, defend and hold Carova Corporation and Ocean Sands Corporation harmless from and against the claims, expenses and liabilities arising from any action or inaction by the COUNTY OF CURRITUCK as special agent, or its employees, contractors, servants or agents, pursuant to this designation of special agency. 3. That, at its sole expense, the COUNTY OF CURRITUCK will, indemnify, defend and hold Carova Corporation and Ocean Sands Corporation harmless from and against any claims, expenses, damages, penalties, fines, response and clean up costs or other costs or liabilities imposed upon or incurred by or asserted against Carova Corporation and/or Ocean Sands Corporation by reason of the violation of any law related to the environment, "hazardous material" as defined by federal, state or local law or regulation, clean water, and the like arising from any action or inaction 2 by the COUNTY OF CURRITUCK as special agent, or its employees, contractors, servants or agents, pursuant to this designation of special agency. 4. That the COUNTY OF CURRITUCK as special agent disclose to any federal, state or local permitting authorities the terms ofthis designation of special agency and the fact that Carova Corporation and Ocean Sands Corporation assume absolutely no responsibility for any action or inaction taken pursuant to any permit issued pursuant to this designation of special agency. The sole reason for Carova Corporation and Ocean Sands Corporation executing this designation of special. agency is to accommodate the party named herein as special agent so it may apply for and secure permits to do the installation and construction it so desires as shown on Exhibit A attached. IN WITNESS WHEREOF, the parties have executed this instrument as of the day of 2007. OCEAN SANDS CORPORATION By: ~il/~ President COUIyI RRITUCI By: ~--- anie F. Scanlon, II County Manager F:\UserslSeperll)F,SIGNATION OF SPECIAL AGENCYIDESIGNATION OF SPECIAL AGENCY.county of curtitnck.052?07.wpd ~' ~-- ~ ~ `~~-~ ` r~ f 4 ;~ -- ,~~ n ~z ~C~arova ~~r~ ,;~ ~, ~_ ~.. J ~~, ~l ~~ - - 4 } J t" ~~, j r' ~` ~ r o vim. -,~., f~'~...,."( ~. ., -.., ` i1 ~ j `~~ 1. /i ~/ {4,`r_, J I ( % - .~~ ~ l./-,- ~~". /t ~-y ~~; _ I ~ _. ; I e i ~e ... tv'~ ,~~ `` 4 ~ . ~~ i ~ " ~, ~ ' ; ~ i`~ , , `` t I - ~ ~~ ~~" r~ ~~ ~ ~, ~_ f ~ ~ ti~ l~ t~~ i ~ f~'- ~ ~ a ~~.., J ~f of 1~'~ '/%<",,~~ ~ 1 ~ _ ~ `,w ~---- , ~ ,~r - ~ ~l ~ -~ ` ~. ~ -r ~ ~ F ` ~»' t'' ~ ~ ~ ~~ r~-~ ~'~ ~ r ~, d ~ _ Q !-- C`~ `-~- ~ - r ~` Z . `~~ ~ , C~rova Seac~ Park y / ~~~~~~ Curri~uc~c County, N Location..M ap - '~ D v ~_ ci 0 Scoter Rd Canal Vicinity Map 6' Walkway 30' CAMA Setba ^ PS ~~ v Aey C Horseshoes -_. Vacant LEGEND ~~ -~ ~ Park Boundary i ~___.__; 5.4 Acres PARTF Request RR Rest Room p$ Picnic Shelter Carova Beach Park Currituck County, NC PARTF Site Plan January 2007 Wild Horse l_n '~ EXH~~JT Vacant Vacant O Residential m d 1 a Vacant N 7 a ~_ a Gulfhawk Blvd Vacant Vacant Vacant This is a conceptual drawing for grant request purposes only. This is not a survey or official site plan. Feet 0 - 50 100 200 .~ R Tab Winborne Corporation Tab Winborne B.S.~.E., ~.~. 757-421-4733 General Contractor 252-453-2089 Maintenance -Design Fax: 757-421-4355 Licenses: VA Class A NC Unlimited SC Limited