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:
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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
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V • CARTERET COUNTY BEACH ACCESS
NEWPORT RIVER
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12 FEBRUARY 1987
WON"
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CAMA PERMIT APPLICATION
FOR
MAJOR DEVELOPNENT
SET NO.-10
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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
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INTRODUCTION
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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.
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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 ?.
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' I (1 lie of t•rptiprr,rnt Ill he used N/A _
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(I?,,Will marshl,tnJ !x err+srti in lr,tnspurling rquipnunt to project site? If ycs, ex,lain No , r
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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
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ng .-a ee .par ing @ 77
Recreation
Rev. 10178 srr. Ri:VIA61: SIDE MR, MAILING INS 'K:TI0NS
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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:
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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.
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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
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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
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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:
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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.
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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
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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.
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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.
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3*_ ATTEST:
TI
CARTERET COUNTY
B Y ?? , ??,t?, ,? F, k CT`?v ti
T 1 Tt'E°PGfiK,,
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STATE OF NORTH CAROLINA
By a"Al 1-4-- oyernor
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?IATTEST.-
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eecr`et SiTzef- ate--.... v
APPROVED AS TO FORM:
LACY H. THORNBURG
Attorney General
ASSOCiare Attorney General
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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"
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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.
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My Commission Expires:
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STATE OF NORTH CAROLINA
II COUNTY OF
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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 ,
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Notary Pu c
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MY'Commission Expires:
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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
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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?
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Bulkhead
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SCALE 1:24
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?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
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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.
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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