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HomeMy WebLinkAbout19870047 Ver 1_COMPLETE FILE_19870922Permit Class Minor Modification STATE OF NORTH CAROLINA Department of Natural IesalLx.ccpy}and Community Development Majo'Deivel p ent in' Excavationa6djoL & j*h ant to NCGS 113-229 Permit Number 101-87 Issued to Carteret County Parks & Recreation, P. 0. Drawer 630,Beaufort, NC 28516 authorizing development in Carteret Countyat the Newport River adjacent to Hwy. 70, Morehead-Beaufort Causeway as requested in the permittee's application dated 2/87 including attached plats, 2, plan view and cross section no dates and blueline SD-1 modified ated 8/24/87, not attached. ; is subject to compliance with the application (where consistent This permit issued on /-l%:./: with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may subject . permittee to a fine, imprisonment or civil action; or may cause the permit to be null and void. (1) All development will be done in strict accordance with the attached application and plats. (2) No marsh grass will be excavated or filled. (3) All disturbed areas will be properly graded and provided a ground cover sufficient to restrain erosion within 30 days of project completion. (4) The activity will be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge. (5) Permanent reflectors shall be attached to the structure in order to make it visible during hours of darkness or inclement weather. NOTE: An Erosion and Sedimentation Control Plan will be required for this project by the Division -of Land Resources. Submit this plan to this agency at 7225 Wrightsville Avenue, Wilmington, NC 28403 for their review. This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance, as the case may be. This permit must be accessible on-site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Departmental approval. All work must cease when the permit expires on December 31, 1990 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DNRCD and the Chairman of the Coastal Resources Commission. David W. Owens, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee #A-_ DIVISION OF ENVIRONMENTAL MANAGEMENT WATER QUALITY SECTION s concer ng an sppli tion ' for State Federal..,CAMA Permit(s) from jt, I?UY//o? C ?''Z. (/?;fl/7j (?.f.0 ?J 1, ,c.?li? ?', cX ? ?L A. PERMIT: This office cannot comment on this project until after the close of the Section 401 Certification Public Comments Period. This office has no objection to the issuance of the permit(s) for the proposed project with the following conditions: That the activity be conducted in such a manner as to prevent significant increases in turbidity outside the area of construction or construction- related discharge (increases of 25 NTU's or less are not considered significant). That the instream turbidity not be increased by more than 50 NTU's as a result of the proposed activity after a reasonable opportunity for dilu- tion and mixture. -- That turbidity levels in shall not be increased by more than 10 NTU's as a result of the proposed activity after a reason- able opportunity for dilution and mixture. B. CERTIFICATION STATUS: X Certification is not required for this project. G " 77 Certification is required for this project. Such action to process the certification has been initiated. Proposed Certification will be acted on or after , The proposed project is certified under General Certification. A) No. 1179 issued on January 25, D) No. 1431 issued on October 16, 1977, for sewer line construction 1980, for boat ramp construction. B) No. 1272 issued on November 10, E) No. 1664 issued on September 8, 1978, for bulkhead construction. 1983, for Rip-Rap Placement. C) No. 1273 issued on November 10, F) No. 1665 issued on September 19, 1978, for discharges of liquid 1983, for incidental bridge effluent from diked upland disposal construction. areas. G `AX(A ? . WATER QUALITY SECTION DIVISION OF ENVIRONMENTAL MANAGEMENT DATE: TO: FROM: THROUGH: DIVISION OF ENVIRONMENTAL MANAGEMENT May 4, 1987 Bill Mills Operations Branch, Dave Goodrich Y?? Wilmington Regional Office A. Preston Howard, Jr. Wilmington Regional Office SUBJECT: Regional Office Review & Recommendations Application for Permit for Excavation and/or Fill Carteret County Parks and Recreation Carteret County The applicant proposes to build a public access area consisting of a pier, boardwalk, parking area and toilet facilities adjacent to Newport River, classified SA and open to shellfishing. The project has been reviewed to determine impacts on water quality. The following comments are provided. 1. The project as proposed will not require a 401 Certification. 2. The project meets the density limits of the stormwater regulation 15 NCAC 2H .0408(e)(1) and therefore needs no further stormwater control. DG:kc cc: DCM - Nelson Paul CF, WiRO K OFFICE OF COASTAL MANAGEMENT Lat: 34 43 20 FIELD INVESTIGATION REPORT Long: 76 41 14 1. Applicant's Name Carteret County Parks and Recreation 2. Location of project site north of Morehead/,Beaufort Causeway, Beaufort, Carteret Co., Photo ref: 33-1203-J,K,L,M-17-18 3. Investigation type: Dredge & Fill CAMA x 4. Investigative procedure: (A) Dates of site visit 2/27/87 (B) Was applicant present no 5. Processing procedure: Application received 2/24/87 Office Morehead City 6. Site description: (A)-Local Land Use Plan Carteret Land classification from LUP rural/port Development constraints identified in LUP none identified (B) AEC(s) involved: Ocean Hazard Estuarine shoreline x Coastal wetlands Public trust waters x Estuarine waters x Other (C) Water dependent: Yes x No Other (D) Intended use: Public x Private Commercial (E) (F) Type of waste water treatment: Existing none Planned Proposed waterless composting system Type of structures: Existing none (spoil area) Planned piers, boardwalks, gazebos, parking lot & access (G) Estimated annual rate of erosion none Source personal observ. 7. Habitat description: AREA (A) Vegetated Wetlands Dredged Filled Other (B) Non-vegetated wetlands: (C) Other: highground grading and disturbance 80400 SF (D) Total area disturbed: 80400 SF 8. Project summary Applicants propose an estuarine access facility consisting of a public pier, parking areas and toilet facilities located at the northeast end of the highrise bridge on the-Morehead/ Beaufort Causeway near Beaufort in Carteret County 9. Narrative Description Applicant's property is a 3.77 acre tract which is leased from the state of North Carolina and is located adjacent to highway 70 on the northeast end of the high rise bridge on the Morehead/Beaufort Causeway near Beaufort in Carteret County. The property was originally marsh, part of the Newport River marsh system, before being used for spoil disposal by the North Carolina State Ports Authority. This site is part of the larger tract still under ownership by the Port and is still used for spoil disposal. This project is proposed on a small portion of this 3.77 acre tract near the bridge on the south side. The project site is composed of sandy soils-and has a hummocky land form. This land form is caused by a process of diking, spoiling and sand removal typical of the onshore operations associated with dredging projects. Vegetation is american beach grass and dune panic grass on the higher elevation and iva, myrtle and common reed is found in the lower elevations. The shoreline is bulkheaded with a structure composed of asbestos and fiberglass panels capped with a concrete cap. Waterward of the bulkhead an almost continuous 100' wide fringe of smooth cord grass exists. Water depths offshore are less than 6' deep for 250'. The applicants are proposing an access road, parking lot, rest rooms and a pier-along the southern edge of this property. These amenities are required in order to create a regional estuarine access area for the public. 10. Anticipated Impacts Conducting this project as proposed will result in the disturbance of approximately 80400 sq. ft. of highground area in the process of constructing the access road and parking lot. Storm water from the parking lot will be routed into the grass swelled areas adjacent to the DOT access road where the water will either be absorbed or will evaporate. The proposed pier will extend offshore approximately 250' and will turn to the north and run another 1451. At this point the pier will terminate in a 160 sq. ft. gazebo. Future development will include a boardwalk landward of the bulkhead which will end in another short pier with a gazebo at the north end of the property. Adjacent waters are classified as SA by the Division of Environmental Management and a narrow band near the shore is open to shell fishing according to the Division of Health Services. Submitted by: Nelson G. Paul Date: March 2, 1987 STA7Z "-c- IZAQ Y"Na-?tti?s State of North Carolina Department of Natural Resources and Community Development Division of Coastal Management 512 North Salisbury Street • Raleigh, North Carolina 27611 James G. Martin, Governor . -Olid W. Owens S. Thomas Rhodes, Secretary March 2, 19 8 7 ' s Director 31= _,. dhn4R---tl tker, Jr. ,`IMe ,' Major Permits Processing Section Office of Coastal Management Raleigh, North Carolina 27611 Dear Mr. Parker: r L L-? ;CI The attached copy of an application submitted by: CA - r p mty parks and R r at i on Applicant's Name Beaufort Carteret Location of Project County for a State permit to perform excavation and/or fill work in coastal North Carolina and for a CAMA major develop- ment permit... xX for a CAMA major development permit (only) ... has been reviewed by the Field Services Section and is being forwarded to you along with a Field Investigation Report for'further application processing including circulation to State agencies having interest and/or jurisdiction,over the subject matter which might be affected by the project. The recommendation of this Section is covered on the reverse side; gx attached; will be forwarded later. Sincerely, Charles S. Jones, ief Field Services Section d CSJ:ap:3566 P.O Box 27687, Raleigh, North Carolina 27611-7687 Telephone 919.733-2293 An Equal Opportunity Affirmative Action Employer OFFICE OF COASTAL MANAGEMENT Lat: 34 43 20 FIELD INST,GATION REPORT Long: 76 41 14 r, 1. Applicant's Name Carteret County Parks and Recreation 2. Location of project site north of N Beaufort, Carteret Co., Photo ref: 3. Investigation type: Dredge & Fill_ 4. Investigative procedure: (A) Dates of site visit 2/27/87 (B) Was applicant present no CAMA x 5. Processing procedure: Application received 2/24/8-7 Office Morehead City 6. Site description: (A.) Local Land Use Plan Carteret _ Land classification from LUP- rural/port Development constraints identified in-LUP none identified (B) AEC(s) involved: Ocean Hazard Estuarine shoreline x Coastal wetlands Public trust waters x -Estuarine waters x Other (C) Water dependent: Yes x No Other (D) Intended use: Public x Private Commercial (E) Type of waste water treatment: Existing - none Planned Proposed waterless composting system - (F) Type of structures: Existing none (spoil-area) Planned piers, boardwalks, gazebos, parking lot & access toilet building (G) Estimated annual rate of erosion none Source personal observ._ 7. Habitat description: AREA (A) Vegetated Wetlands Dredged Filled Other (B) Non-vegetated wetlands: (C) Other: highground grading 80400 SF and disturbance (D) Total area disturbed: 80400 SF 8. Project summary Applicants propose an estuarine access facility- consisting of a public pier, parking areas and toilet facilities located at-the northeast end of the highrise bridge on the Morehead/ Beaufort Causeway near Beaufort in Carteret County head/Beaufort Cause -1203-J,K,L,M-17-18 9. Narrative Description Applicant's property is a 3.77 acre tract which is leased from the state of North Carolina and is located adjacent to highway 70 on the northeast end of the high rise bridge on the Morehead/Beaufort Causeway near Beaufort in Carteret County. The property was originally marsh, part of the Newport River marsh system, before being used for spoil disposal by the North Carolina State Ports Authority. This site is part of the larger tract still under ownership by the Port and is still used for spoil disposal. This project is proposed on a small portion of this 3.77 acre tract near the bridge on the south side. The project site is composed of sandy soils and-has a hummocky land form. This land form is caused-by a process of diking, spoiling and sand removal typical of the onshore operations associated with dredging projects. Vegetation is american beach grass and dune panic grass on the higher elevation and iva, myrtle and common reed is found in the lower elevations. The shoreline is bulkheaded with a structure composed of asbestos and fiberglass panels capped with a concrete cap. Waterward of the bulkhead an almost continuous 100' wide fringe of smooth cord grass exists. Water depths offshore are less-than 6' deep for 250-1. - The applicants are proposing an access road, parking lot, rest rooms and a pier-along the southern edge of this property. These amenities are required in order to create a regional estuarine access area for the public. 10. Anticipated Impacts Conducting this project as proposed will result in the disturbance of approximately 80400 sq. ft. of highground area in the process of constructing the access road and parking lot. Storm water from the parking lot will be routed into the grass swelled areas adjacent to the DOT access road where the water will either be absorbed or will evaporate. The proposed pier will extend offshore approximately 250' and will turn to the north and run another 1451. At this point the pier will terminate in a 160 sq. ft. gazebo. Future development will include a boardwalk landward of the bulkhead which will end in another short pier with a gazebo at the north end of the property. Adjacent waters are classified as SA by the Division of Environmental Management and a narrow band near the shore is open to shell fishing according to the Division of Health Services. Submitted by: Nelson G. Paul Date: March 2, 1987 7 1 mown CL Sam 0 w _ L n? r AT r V • CARTERET COUNTY BEACH ACCESS NEWPORT RIVER , ' vV 12 FEBRUARY 1987 WON" .r r -r ? L CAMA PERMIT APPLICATION FOR MAJOR DEVELOPNENT SET NO.-10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i Ak ow TABLE OF CONTENTS INTRODUCTION SI TE I DE VEL OEM ENT DRAW I NGS SD-1 SITE PLAN 1 OF 2 D. 0. T. ACCESS ROAD 2 OF 2 D. 0. T. PA RKi NG LOT AND ROADWAY SECTION APPLICATION FOR PERMIT PROPERTY LEASE LETTER TO RIPARIAN LANDOWNERS CERTIFIED MAIL RECEIPT TO RIPARIAN LANDOWNERS CALCULATIONS AREA CALCULATION TOTALS SITE IMPACT CALCULATIONS LETTER TO DE PA RTM ENT OF CULTURAL RESOURCES EXHIBIT A LETTER ON SEWAGE TREA rlMENT - DEPARTMENT OF ENVI ROM ENTAL HEALTH OBJ ECTI VES OF THE DE VEL OPM ENT CONSTRUCTION PROCEDURES 1 1 INTRODUCTION 1 0 CARTERET COUNTY BEACH ACCESS NEWPORT RIVER BEA OF ORT, NC Carteret County Beach Access, Newport River is located near the town of Beaufort, North Carolina on Radio Island along U. S. Highway 70. Carteret County is leasing this property from the North Carolina State Port Authority. The site is a existing spoils area at the foot of the highrise bridge, on the east side of Radio Island. On the site there is a existing concrete and fiberglass panel bulkhead. The remainder of the site is sand dunes and in spots vegetated. The Development of this property will be a very definite plus to the overall comm. un i ty. The area has a very temperate climatic zone where few days exhibit extreme temperatures, the climate being relatively mild and comfortable for human habitation. Outdoor recreation, an important part of the economy, is benefited by the seasonable climate, with April through October an important period for fishing, boating, and swimming. Winters are sufficiently mild so that outdoor recreation is enjoyed throughout the year. The Land Use Plan shows the property as Port Industrial. El ect ri ci ty is available from Carolina Power and Light Company. Fire protection is available from Beaufort Fire and Rescue Departments. Water is not available at the site. Due to inadequate soil condtions sewage treatment will consist of composting toilets that will have zero subsurface discharge. This system meets applicable local and state health requirements. I!j ' su l I r4 2 W C *? ' r ' o NORTH ' ' Ca; d I v \ u ,I 0 10 ' ?.. ? I v 4 J \ r? 0 I I r / ?'' o 1 I y ??? 4 .N V V • FS 1. i 1 i ' f 1 11 0 - ---- °? ce S q_r ZOO _ G' 6' ? 3/4 z-3sz• .? III C.4 Aec_ ?oio z? k/A y T" Y/,?I4 fl L 5 F: c rio a_/ 0 C.1 1140 (o? A mac. i?ARKi?/G Gvr rYPICAL 6e;c ?)OA/ 20? 2 --FOR PERMIT TO EXCAVATC AND/OK FILL - - WATER QUALITY CEIMrICAT•ION EASEMENT IN LANDS COVCRED BY WATLR CAMA PERMIT f"Olt MAJOR DL'VLLOPMENT Department of Administration State of North Carulina Department of the Army j (GS 146.12) Deparhnent of N.rtur.J. Rrsuumcs and Cornmunity Oevclopment Corps of CnKincers, 1 omineton Uistrie (GS 113-229,143-215.3(j)(1). 143.215.3(c), 113A•118 (33 ct'R 209.320.329) Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. 1. Applicant Information ' A. Name ('arf-prpt County -Parks and Recreation' Post Office Drawer 630 Ftrst Middle . 6. Address • Beaufort N?trcet, P. O. (sox or Route - 28516 (919) 782-8401 City or Town State Zip Code Phone 11. Location of Proposed Project: • A. County_ Carteret B. 1. City, town, community or landmark Radio, Island - Beaufort, North Carolina ' 2. Is proposed work within city limits? Ycs No X C: Creek, river, sound or bay upon which project is located or nearest named body of water to project -Newl2or River III. Description of Project ' A. 1. Maintenance of existing prniect 2. New work Beach Access ty' Q. Purpose of excav,aion or Fill 1. Acees% channel _. N/A length ' width depth 2. Boat basin N/A length width depth ' ' .3. Fill area N `? length, width depth 4, Other Piers _ Icngth(,-widlh??-ilchth C, .1. Bulkhead length N A Average dis ance.wa er and o `2) 6 s toreline) N/A - 2. Type of bullhead construction (material) ' N/A 1), Excavated material (lotal for project) 1. Cubic yards _ N/A 2. Type of material N/A E. Fill material to he placed below hl IRV (see also VI. A) 1, Cubic yards 2. Type of material N/A N/A IV. Land Type, Disposal Area, and Consiructiort Equipment: , A.' Does the area to be e?cawatc?f include any marshland, swamps or other wetland? Yes No X R. Dues the dispo%al area include any marshland, swamps or other wetland? Yes No X C. Disposal Area' 1. Location N/A 2; Do you claim title to d0posal area? N/A D, till material %ource if fill is to be trucked in on site sand ''• L, ll low will c\cav.ttcd material he'entia t ieJ and t • t i I crt sec n controlled?_ s11t fence f ?. jr r ' I (1 lie of t•rptiprr,rnt Ill he used N/A _ r ?^ (I?,,Will marshl,tnJ !x err+srti in lr,tnspurling rquipnunt to project site? If ycs, ex,lain No , r ffi t tt 11 ' tr+ 017ti 1 Private • NI 2. Commercial N/A 3. Housing Development or'Industrial _ N/A 4. Othcr Public Beach Access n B. 1. Lot size(s) 2. Elevation of lot(%) above mean high water 3. Soil type and texture_ sandy - spoils 4. Type of building facilities or structures Pro ' -Piers d- Toilet Building,_ Parking Lot, S. Sewage disposal and/or waste water treatment A.. Existing Planned X B. Describe Waterless composting t'oilet' system 6. 'Land.Classification'(circle one) DEVELOPED TRANSITIONAL COMMUNITY RURAL CONSERVA-PION OTHER Pnri- Tnr9itaf-r i a7ceeCAMA Local Land Use flan Sy VI. Pertaining to Fill and Water Quality: A. Does th.- proposed.project involve the placement of fill materials below mean high water? Yes No X 8. is Will any runoff or discharge enter adjacent waters as a result of project activity or planned use of the area following project completion?. Yes No X 2. Type. of discharge _ N/A 3. Location of discharge N/A VII. Present rate of shoreline erosion (if known): Vlll. List permit numbers and issue dates of previous Department of Army Corps of Engineers or State permiis for work in project area, if applicable: None IX. Length of time required to complete' roject• 3 months X. In addition to the completed application form, the following items must be provided: A. Attach a copy of the deed (with State application only) or other instrument under which.applicant claims title to the affected property. OR if applicant is not claiming to be the owner of said property, then forward a copy of the decd or other instrument under which the owner claims title plus written permission from the owner to carry out the project on his land. B; Attach an accurate work plat drawn to scale on M X 11" white paper (sec instruction booklet for • details). Note: Original drawings preferred -only high quality copies accepted. C. A copy of the application and plat must be served upon adjacent riparian landowners by registered or certified mail or by publication (G.S. 113-229 (d))Entcr date served _ 12 February 1987 D. List names and complete addresses of the riparian landowners with property adjoining applicant's. Such owners have 30 days in which to submit comments to agencies listed below. Dallas Willis, Director of Operations, State Port Authority, P.a. D aWc-r 829, Morehead City, NC 28557 ' Joe-Henderson; General Real Estate Section Manager, 116 West Jones Street 'Raleigh; NC 27611 X1: Certification requirement: 1 certify that to the best of my knowledge, the proposed activity complies with the State of North Carolina's approved coastal management program and will he conducted in a manner consistent with such program. X11. Any permit issued pursuant to this avplication will allow unly the development described in this appli. I i cation and plat. Applicants should therefore describe in the application and plat all anticipated devel- j orment activities, including construction, excavation, filling, and land clearing. j Johnny Williams, Director Carteret County Parks and ?ATE ' 'Fe 1ruarv 12-8-7 )plicant's Si}; aturc r ng .-a ee .par ing @ 77 Recreation Rev. 10178 srr. Ri:VIA61: SIDE MR, MAILING INS 'K:TI0NS 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 STATE OF NORTH CAROLINA E A S E M E N T COUNTY OF CARTERET THIS GRANT OF EASEMENT, made this the day of December, 1986, by the NORTH CAROLINA STATE PORTS AUTHORITY, hereinafter sometimes referred to as Grantor, and the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina, hereinafter sometimes referred to as Grantee; W I T N E S S E T H: THAT WHEREAS, the Grantor is the owner of the land hereinafter described; and WHEREAS, the State Ports Authority has authorized and approved execution of this instrument for the purposes herein set forth; and WHEREAS, the execution of this instrument has been duly approved by the Council of State at a meeting held on the Sth day of May, 1986; and WHEREAS, the parties hereto have mutually agreed to the terms of this easement as hereinafter set forth, NOW, THEREFORE, in consideration of the covenants and mutual promises and ONE DOLLAR paid, the Grantor hereby grants unto the Grantee, its successors and assigns, the right, privilege and easement together with the right to construct an access roadway, over and across lands of the Grantor located in Carteret County, North Carolina, said aria being more particularly described as follows: t 1 t I I? x 3 Beginning at a point of curve in the northern right-of-way line of US 70 highway located N 000 38, W 90 feet from Station 71+00 centerline eastbound lane, thence curving left along the radius of a 38 degree curve 325 feet to a point of curve, thence S 55° 52, W 80 feet to a point of curve, thence curving right along the radius of a 28 degree curve 119.64 feet to a point of curve, thence S 89° 22, W ± 381 feet to property line of the North Caroline Department of Natural Resources and Community -04-We)Upmiu1t. (total approximate length of right of way 906 feet.) THIS EASEMENT IS GRANTED SUBJECT TO THE FOLLOWING CONDI- TIONS: 1. This easement and right of way is granted to the Grantee for ingress to and egress from a proposed recreation area on the Newport River to be constructed by Carteret County. 2. The Grantor shall have the right of use to the easement area. 3. The Grantee agrees to assure the construction of said access with acceptable road construction practices, providing proper drainage so as not to endanger or damage the property of the Grantor, and to repair any damages caused by said construction, and to maintain said road in good repair. 4. The Grantor shall not have any responsibility for maintaining said road free of sand or other obstruction, the same being the sole responsibility of the Grantee. 5. The Grantee reserves the right to remove the road from its maintenance system at any time deemed necessary by the Board of Transportation. 6. This easement shall terminate if the parcel served by the easement is used for any purpose other than as a public recreational area and upon termination of such use the road will be abandoned from the State Highway Maintenance System. TO HAVE AND TO HOLD said right of way and easement unto said Grantee, subject to the conditions set forth above, for as long as said easement and right of way is used for thU purposPG for which the same is granted by the Grantor, and no longer. t t 1 1 1 1 1 1 1 1 1 1 i, •I . '1 n'. IN TESTIMONY WHEREOF, the said party of the first part has caused this deed to be signed in its name by its Executive Director, attested by its Secretary, and sealed with its common seal, on the day and year first above written. NORTH CAROLINA STATE PORTS AUTHORITY By 1?1 ?Crw,C? eX Executive Director ATTE'ST: /"Ynwa ? .x./n.te-. r 4f Assist-ant Secretary {Acting) APPROVED AS TO FORM: LACY H. THORNBURG Attorney General Assistant Attorney Gep(eral STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER / a Notary Public in and for 4e)County and State aforesaid, do hereby certify that THOMAS J. GREEN, JR. personally came before me this day and acknowledged that he is Acting Assistant Secretary of the NORTH CAROLINA STATE PORTS AUTHORITY and that by authority duly given and as an act of the NORTH CAROLINA STATE PORTS AUTHORITY the foregoing instrument was signed by WILLIAM W. EDWARDS, its Executive Director, attested by himself as Acting Assistant Secretary, and sealed with the common seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal this 1,5 day of i, j•?? 1986. Notary Public 1My Commission Expires: 4 - STATE OF NORTH CAROLINA LEASE AGREEMENT 4 tiI c? t COUNTY OF CARTERET THIS LEASE AGREEMENT, made and entered into this the day of 1981, by and between the STATE OF NORTH CAROLINA, Lessor, and CARTERET COUNTY, Lessee; i W I T N E S S E T H: THAT, WHEREAS, the North Carolina Department of Natural (Resources and Community Development has requested the Depart- ment of Administration to dispose of the property herein de- I js?ribed by lease, for the purpose herein specified; and +I I WHEREAS, the execution of this agreement for and on be- ;Ihflf of the State of North Carolina has.been duly approved by the Governor and Council of State, at a meeting held in the i IC?ty of Raleigh, North Carolina, on the 5th day of May, 1986; and i I WHEREAS, the parties hereto have mutually agreed to the .firms and conditions of this lease, as herein set forth. NOW, THEREFORE, in consideration' of the premises and fie promises arid covenants contained in the terms and condi- jons hereinafter set out, Lessor does hereby rent, demise, nd lease unto Lessee for and during the term and under the erms and conditions hereinafter set out, that certain area of nd owned by the Lessor. Being that tract or parcel of land >1tuated, lying and being in Carteret County, North Carolina, qd more particularly described as follows: i J i? I? it 4 t See Exhibit "A" attached and incorporated herein. THE itRMS AND CONDITIONS OF THIS `LEASE AGREEMENT ARE AS FOLLOWS: 1. The term of this lease shall be for twenty-five (25) years, commencing on the _I!sr day of b ec Qwie r- 1986, and ending on the 30 YA• day of _ Na?QMOG/ 2011. The Lessee may terminate this agreement at any time during the term hereof provided the Lessor is given ninety (?O) days written notice of said termination. The Lessor may terminate the agreement upon ninety (90) days written notice tq the Lessee if the Lessee fails to adhere to any of the provisions of this agreement, and provided Lessee has had time to correct said deficiency. The Lessee, within thirty (30) days of having received said 90 day notice of termination, shall proceed to notify the Lessor in writing as to actions taken to rectify said deficiency. Failure to comply with such piocedure shall, in the discretion of the Lessor, result in the termination of the agreement within.the remaining 60 day p+riod. 2. The Lessee may not assign, sublease, or grant any qrm of concession to any part of the leased area without the rior written approval of the Lessor. f. r X 3. The Lessee, or its successors or assigns, may with i :he prior written approval of the Lessor, erect improvements ?n the leased property. However, if any terms of the agreement ?r,e violated by the Lessee then said improvements shall, along ii;th the premises, revert to the Lessor!- 4. It is distinctly understood Ind agreed that the ssee shall take the premises "as is, where is". The Lessee i the end of the lease term agrees to return the land to I I f}e Lessor in as nearly as possible thelsame condition except cjr improvements as when received, and that Lessee shall qt remove any improvements to said premises unless the Lessor p?proves. The lessee shall be responsible for any damage hat may be caused to State property by :the activities of he Lessee under this lease, except for 'damage caused by 4tastrophic storm that is not covered by insuranc,-. 4 , I 1 1. 5. It is understood and agreed that the Lessor makes no ?l. ,r A warranties as to title, seisin, encumbrances, possession, or use except as provided for in this agreement. 6. The Lessor shall not be responsible for damages to property or injuries to persons which may arise from or be incident to the exercise of the privileges herein granted, or damages to the property of the Lessee, or for damages to the property or injuries to Lessee's officers, agents, servants, or employees or others who may be on the premises at their invita- tion or the invitation of any one of them, arising from or inci- dent to any governmental activities on the premises, and the Lessee shall hold Lessor harmless from any and all such claims. 7. In the event the demised premises or a substantial part thereof (more than 508), should be damaged by fire or other casualty, the Lessor may terminate this lease agreement or may repair the damage as it determines. If the damage is less than 50$ loss, then such repairs shall be made from the proceeds of in urance that Lessee shall establish and carry for the term of this lease with Lessor as named beneficiary. Said insurance policy shall protect Lessor from loss from fire, theft and flood damage for full replacement value of add*tions and improvements made by the Lessee and require no cancellation without written notice to the Lessor. During such repair, there shall be an agjortionment of the rent until the damage is repaired. 8. The Lessor's interest in the real property conveyed herein shall not be subordinated to any form of debt, mortgage, orideed of trust without the prior writt n approval of the Lessor. 9. The Lessee shall comply with X11 federal laws and regulations and with all applicable laws, ordinances, and regula- tions of the State, county and municipality wherein the premises are located and existing and as promulgated throughout the term ofd the lease with regard to construction, operations, sanitation licenses or permits to do business and all other matters. I u C t, I? 10. The Lessee shall conduct no mining operations, re- move no sand, gravel, or kindred substances from the ground, distribute no waste of any kind or in any manner substantially change the contour or condition of the premises, without the consent of the Lessor. , 11. The Lessee shall be responsible for all costs incurred in and arising out of the maintenance and operations of the facility including, but not limited to, taxes, fees, utility cost, etc. In addition, Lessee is required to maintain b the premises in a clean, safe, sanitary and reasonable state of repair. 12. It i;s understood that the premises shall be used for recreation and beach access purposes and that no user's fee shall be charged for the use of said premises unless otherwise approved by the Lessor. 13. All improvements constructed on the premises, as well as the premises itself, shall be available to all persons regardless of race, color, creed, national origin or residence who are otherwise eligible according to reasonable published rules adaptable to the property involved; however, the Les.see may impose limitations on the use of the facilities for . reasons of safety, health, maintenance of facilities, etc. 14. The premises shall be kept open to the public at reasonable nours and times of the year consistent with its purposes as a. beach access facility. 15. The right is hereby reserved to the Lessor, its officers, agents, and employees, to enter upon the premises at any time, and for any purpose necessary or convenient to R: the Lessor. 16. The Lessee shall establish restrooms, a parking lot, and access to the waters of Newport River within twenty-four (24) months of the execution of this lease or this lease shall terminate and the property shall revert to the Lessor. IN TESTIMONY WHEREOF, this lease has been executed by the parties hereto, in duplicate originals, as of the date first above written. I r 3*_ ATTEST: TI CARTERET COUNTY B Y ?? , ??,t?, ,? F, k CT`?v ti T 1 Tt'E°PGfiK,, i STATE OF NORTH CAROLINA By a"Al 1-4-- oyernor \ ?IATTEST.- B Y I \ =5 ? i? - &I/ eecr`et SiTzef- ate--.... v APPROVED AS TO FORM: LACY H. THORNBURG Attorney General ASSOCiare Attorney General y,. II I e .i } TRACT I. BEG L`UING at a concrete monument on the North right of way line of D.S. Highway 70 between Morehead City and Beaufort, said monument being due North 202.03 feet from the centerlins of the Beaufort-Morehead railroad mainline and North 89 degrees 00 minutes East 216.66 feet along the centerline of the Beaufort- horehead railroad from the Past and of the railroad trestle across :Newport River; thence from said beginning point with the North right of way of U.S. Highway 70 North 89 degrees 00 minutes East 250.00 feat to a point, a new corner; thence along a new line .North 01 degrees 00 minutes West 815 feet more or less to the high water mark of Newport River; thence in a Southwestwardly direction with the high water mark of Newport River approximately 1050 feet to the North right of way line of U.S. Highway 70; thence with the North right of way line of U.S. Highway 70 North 89 degrees 00 minutes-East 75 feat more or leas to a concrete monument, the point and place of BEGINNING, containing 5.2 acres, more or less, and being as shown on a map prepared by Lois, J. Priddy, R.L.S., entitled, "Lands Exchanged Between North Carolina State Ports Authority and Ceorge R. Ballou, Carteret County, N.C." Being the same tract or parcel of land described in deed from .North Carolina State Porta'Authority to Ceorge R. Ballou and wife. Mildred Ballou,,dated June 26, 1973, and recorded in Book • page 89 , Carteret County Registry. For - 361 further description see map prepared by Late,. J. Priddy, R.L.S. dated November 27. 19739 entitled, "Property of George R. Ballou ET M. Beaufort Township, Carteret County. N.C." EXHIBIT "A" N i:. 11 .i ih M } 1 r.+ STATE OF NORTH CAROLINA COUNTY OF J?- a Notary Public in anct or the County and State aforesaid, do hereby certify that this day appeared before me and acknowledged that he/she is Secretary of the Board of County Commissioners of County and that pursuant to a resolution duly adopted by said Board, and as the act of County, the for in instrument was signed in its name by Chairman of the Board of County Commissioners, sealed with its corporate seal and attested by himself/herself as Secretary. WITNESS my hand and Notarial Seal, this the ,Srt day of ,- 1982. i I t pub i yI My Commission Expires: 1G' i F. r d e? .N IF I ?i I STATE OF NORTH CAROLINA II COUNTY OF I , i a Notary Publ' in and for the County and State aforesaid, do hereby certify that I JAMES G. MARTIN, Governor of the State of North Carolina, and THAD EURE, Secretary of State of North Carolina, personally came; before me this day and being by me duly sworn says each for him- self that he knows the Great Seal of the State of North Carolina and that the seal affixed to the foregoing instrument is the Great Seal of the State; that JAMES G. MARTIN, Governor of said State, and THAD SURE, Secretary of State, subscribed their names thereto, all by virtue of a resolution of the Council of State; and that said instrument is the act and deed of the State of North Carolina. IN WITNESS WHEREOF, I have hereunto set my hand and. Notarial Seal, this the -..L day of .vf , 19?. I Notary Pu c I MY'Commission Expires: - s a IA' .9 H. NOlft, r y N C(?j, CARTERET COUNTY COURT MOUSE JOHNNY WILLIAMS Director PARKS AND RECREATION MR- 171 T (07AISIMA P. O. DRAWER 630 BEAUFORT, N. C. 28516 January 30, 1987 TO: Dallas Willis, Director of Operations FROM: Johnny WilliamSACarteret County Parks and Recreation Director SUBJECT: Notification of CAMA Permit Application and intent to develop Newport River Park. To whom it may-concern: Carteret County is coordinating the development of the Newport River Regional Estuarine Access Park adjacent to your property. This property is located east of Morehead City Bridge on US Hwy.70 (spoils area), Carteret County Tax Parcel V11-17B-1-1, (part of). The major CAMA Permit is being applied for this project. JW/sl PARKS AND RECREATION I??:'?R?' • • R E'T 086MV P. O. DRAWER 630 BEAUFORT, N. C. 28516 January 30, 1987 TO: Joe Henderson, General Real Estate Section Manager FROM: Johnny Williams Carteret County Parks and Recreation Director SUBJECT: Notification of CAMA Permit Application and intent to develop Newport River Park. To whom it may concern: Carteret County is coordinating the development of the Newport River Regional Estuarine Access Park adjacent to your property. This property is located east of Morehead City Bridge on US Hwy.70 (spoils area), Carteret County Tax Parcel 1611-17B-1-1, (part of). The major CAMA Permit is being applied for this project. JW/sl CARTERET COUWTV COURT MOUSE JOHNN'Y WILLIAMS Director coma: OOnplaOa bents 1 and 2 when additional cervi x ' ces an desired , and complex h.nrs !and 4. n your In 911111 "RETURN TO" apace on the reverse side. Failure to do this will b nt k pnwe e v wturrred to you, return recei t fee will dslhrond tm athe d M f d l - - l r .. a g e hre rryy, or *ddhFa neT Nw the no s a ' pom-- "a bra) f oft we r dd k c . o a itional service(s) requested. 1. d 8how to a ` ' when dNiklarad date and addrest dd , es s s ras. k 2. ? Restricted Dsl Add l a Arti c e reuad to 4. Ar*b Nurn er ' .y P 9 382 011 61 . 'Mr bal? as ?Hilli ? rt y . s Type of Service: P.O. `Wkw6f- 829 s k aid Morehead City, ,NC .28557 Ios R;Cq=f199Wd COD D xpress Mail _ I - Always obtain signature of addressee or ?` ` .. 6•S agent and DATE DELIVERED ipnlrture Addresses • t S. Addressee's Address ((ONLY x sequetted d t "`" ;? ' an fee pa dJ> 8.8ioast" - li-w X t' d k a, • Of DWWWY, !& Form 5611,Feb.1986 OWESTIC RETURN RECEIPT t _ 0 a C7 H z P 382 011 619 RECEIPT FOR CERTIFIED MAIL NC INSURANCE COVERAGE PR;::EO NOT FOR INTERNATIONAL Md-L See Reverse) Sent to Street and r_?v,,?er P O.. State and ZIP Code Postage L-^ 1 Certdied Fee Special Delivery Fee Restricted Delivery Fee Ret::rn Receipt showing to whom and Date Delivered O Return Receipt showing to Whom. Date and Address of Delivery 'C+TAL Postage and Fees Postri.ark o• Date LO Qs d C 7 g M E O U. N a -? I i 0 C7 M to co m d C 7 O O M E 0 U. N a Iditional servioss are desired, and complsts itnns a •rrd 4. on the remorse side. Failure to do this wilt prevent *Is - i will Rrovide you she name of the n t ona s ow ng ss We aw e. Consult tional service(s) requested. ;; . .f ressee's address. 2. ? Restricted Delivery 4. Article Number P 382 011 618 Type of Service: ?telgistereld insured LTd Certified DOD LJ Exprm Mall Always obtain signature of addressee or agent and DATE DELIVERED. .:; S. Addresm's Address (ONLY-If requested and fee paid) . ': i 1 r 4. r r. r' d t r i t : r r ti t: r ' r r P• r F ' I ? I d DOMESTIC RETURN RECEIPT i t P 382 011 618 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL /See Reverse) Sent to Jot der so,, Street and No to 1 P O. State and ZIP Code Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Deiwered I` V v Return Receipt showing to whom Date. and Address of De ery -C!TAL Postage and Fees .? ? Postmark or Date r NEWPORT RIVER BEACH ACCESS AREA CALCULATION TOTALS TO TAL SI TE AREA 3.77 ACRES TOTAL AREA IN 75' A. E. C. 1.34 ACRES TOTAL AREA BOARDWALK IN A. E. C. 856 S. F. - .019 ACRE (IN BASE BID) TOTAL AREA BOARDWALK BEYOND A. E. C. 650 S. F. - .014 ACRE (IN BASE BID) TOTAL AREA PIER IN A. E. C. 2,442 S. F. - .056 ACRE (IN BASE BID) TOTAL AREA BOARDWALK IN A. E. C. 2,080 S. F. - .047 ACRE (ADD ALTERNATE #1) TOTAL AREA PIER AND GAZEBO IN A. E. C. 560 S. F. - .012 ACRE (ADD ALTERNATE # 2 AND #3) TOTAL AREA ASPHALT PARKING LOT 18,400 S. F. - .422 ACRE (INCLUDING 20'x 20' ACCESS ROAD) TOTAL AREA ASPHALT ACCESS ROAD 18,240 S. F. - .418 ACRE (NOT ON SITE) TOTAL AREA BUILDING 96 S. F. - .002 ACRE 1 , SITE IMPACT CALCULATIONS TOTAL IMPERVIOUS SURFACE IN CAMA: BUIL DI NG AREA 96 S. F. @ 100% = 96 S. F. DECK AREA 2L936 S.F. @ 00% = = 0 S.F. F. 96 S ' TOTAL 3,032 . TOTAL CAMA AREA (SEE AREA CALCULATION TOTALS SHEET) : 58,370 S. F. (1.34 ACRES) ' IMPERVIOUS SURFACE AREA TO TOTAL CAMA AREA PERCENTAGE : 96 S. F. - 5 8 , 3 70 S. F. = .160% COVERAGE ' TOTAL SITE IMPERVIOUS SURFACES: BUILDING AREA 96 S. F. @ @ F 100% = 100% = 96 S. F. 18 , 4 0 0 S. F. ' . ROAD A REA 18,400 S. 586 S.F. @ WALK AREA 3 10% = 359 S.F. 1 BOARD = 18,855 S. F. TOTAL ' TOTAL SITE AREA ( SEE SHEET SD-1) ' 3.77 ACRES x 43,560 = 164,221 S. F. ' TOTAL SITE IMPERVIOUS SURFACE AREA TO TOTAL SITE AREA PERCENTAGE OF 3.77 ACMES: 18,855 S. F. 164,221 S. F. = 11.48 % COVERAGE 1 1JiVC1P-; & bUrnc iic 1 CCCC D0 ac C 710 arendeII street morehead city, north carol ina 28557 1 29 January 1987 1 Mr. Billy L. Oliver 1 Archaeology Branch Department of Cultural Resources 109 E. Jones Street 1 Ral ei gh , NC 27611 Re: Carteret County Beach Access Newport River 1 Mr. Oliver; In reference to Newport River project in Carteret County, 1 North Carolina, on a preliminary basis, enclosed __are the following items: 1 1. U. S. G. S. map with property boundaries shown (see Exhibit A.). 2. Overall plan of property showing what is being done. 1 (enclosed) 3. Description of project: 1 The project consist of 3.77 acre tract, which is being developed as an Beach Access. On the property there will be a compost toilet facility, pier, and parking 1 lot. Project will have compost toilets with zero subsurface 1 discharge. Thank you for your cooperation. I look forward to hearing. from 1 you. 'ncerely, 1 1 J es B Riggs V BENS & BURNETTE ARHQ TECTS, P. A. 1 J ER/mkc Enclosures 1 919 247.2127 1 Beaufort Chann • % • f c? 00 a? r T 1 F- "` 1 Bulkhead Colt O 41 \ .. '. E 44 grr?J,: ? oA0 I ? ? ••? ? ' 16 b G?d 1 --_ SCALE 1:24 _j 000 a •/]l ?' ?M m 0 1 MILE • ,??-? ?' 7 ,,. U 1 CONTOUR INTERVAL 5 FEET C1 1 NATIONAL GEODETIC VERTICAL DATUM OF 1929 M SHORELINE SHOWN REPRESENTS THE APPROXIMATE LINE OF MEAN HIGH WATER • Q( " F? rm:, THE AVERAGE RANGE OF TIDE IS APPROXIMATELY 2.5 FEET slk •'• o _ v ?lk ROAD CLASSIFICATION 3 Heavy-duty Light-duty •`, _ • ?; r •I 00 ? ? . • _ „ ,I 1. Medium-duty Unimproved dirt t o 0 U. S. Route 0 State Route 8 i; ?? m d • • ••• xb ??• o BEAUFOR7, N. C. r. + J i i ? 34076-F6-TF-024 ' _ QQ QUADRANGLE LOCATION c, ?•- ?= ?:. ? 1949 • t I? PHOTOREVISED 1983 • '. p t M DMA 5853 11 • KW -SERIES V842 CARTERET COUNTY COURTHOUSE ENVIRONMENTAL HEALTH DIVISION CAmE? assme 'New COURTHOUSE SQUARE BEAUFORT, N. C. 28516-1898 29 January 1987 Mr. Nelson Paul Coastal Area Management Act P. 0. Box 769 Morehead City, N. C. 28557 Subject: Parks and Recreation Facility near high rise bridge Newport River Dear Mr. Paul: The Carteret County Parks and Recreation Department are proposing a recreational area near the Newport River Bridge. The entire area has been determined by this office as being dredge spoil material. This would make the area unsuitable for any sub- surface sewage disposal system. However, a Clivus Multrum Waterless Composting Toilet System would be accepted if the following conditions are met. This sys- tem has no discharge of effluent. (1) System installed 100' from high water mark. (2) System installed 100' from any well. (3) System designed, installed, and maintained according to factory specifications supplied ' by Clivus Multrum, Inc. (4) Only blackwater to be treated. (5) If at any time system fails or gives trouble ' the facility will be closed. Page 2 Mr. Nelson Paul January 29, 1987 If you have any questions concerning this matter please contact this office. Sincerely, A Charles 0. Pigott, R.S. Sanitarian COP/cw cc: Mr. Jim Riggs Bivens & Burnette Ms. Julia Shambaugh Division of Coastal Management • ?gS r- r- r- ?r OBJECTIVES OF THE DEVELOPMENT In developing the Site the following were among the objectives set forth: 1. To provide public access to the water, minimize total site disturbment, and maintain or improve existing water front. 2. Design the drainage of the developed areas so that the maximum possible filtration and retention can be achieved. Sheet drainage directed away from water front to grassed swales, that will trap nutrients and sediment, which would prevent degradation of water quality. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CONSTRUCTION PROCEDURES The proposed construction procedures are as follows: 1. Department of Transporation to build access road and parking lot. Filling parking lot as required, with existing sand from site. 2. Clear and grade project site where necessary and dispose of excess material by hauling to approved disposal areas. 3. To maintain overall site drainage with minimal overall site di strubance. 4. Build new toilet facility, boardwalk, and pier with minimal site disturbance