133-21 Loken, Eric

Permit Class Permit Number
NEW 133-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
V ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Eric R. Loken 230 Drake Landing, New Bern NC 28560
Authorizing development in Craven County at adi. to the Neuse River at 230 Drake
Landing, in New Bern as requested in the permittee's application as referenced in condition #1 of
this hermit.
This permit, issued on October 4, 2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these
terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) Unless specifically altered herein, all development shall be carried out in accordance with the
attached application documents including MP-1 dated 7/23/21, revisions received by DCM on
8/13/21 (Revised Project narrative, GIS$roposed site conditions, and MP-3) and workplan drawings
(3), 2 dated 7/22/21 and 1 dated Received in MHC 8/4/21.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
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 Division approval.
All work must cease when the permit expires on
December 31, 2024
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 DEQ and the Chair
of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permits conditi s are hereb epted.
Signature of Perm ittee

Eric R. Loken
ADDITIONAL CONDITIONS
Upland Development
Permit No.133-21
Page 2 of 3
2) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the extension of the
wingwall to a point no more than 5' waterward from the waterward existing white fence post on the
Randolph's property located at 228 Drake Landing, New Bern North Carolina 28560 including
replacement of approximately 6' of the existing wingwall, all as expressly and specifically set forth in
the attached permit application and workplan drawings. Any additional land disturbing activities and/or
construction may require a modification of this permit. Contact a Division of Coastal Management
representative at [phone] for this determination.
Sedimentation and Erosion Control
3) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
4) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
5) This permit does not authorize the excavation or filling of any wetlands or open waters.
6) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.
NOTE: This project received a buffer authorization from the Division of Water Resources.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No.
2021-1220 V1.
NOTE: The U.S. Army Corps of Engineers has authorized the proposed project under Action ID SAW-
2021-01738.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many land disturbing
activities are not authorized within 50 feet of the normal high-water level unless specifically
exempted by Environmental Management Commission's (EMC) Neuse River buffer
regulations in place at the time of such development.

Eric R. Laken
Permit No.133-21
Page 3 of 3
NOTE: An application processing fee of $250 was received by DCM for this project.
NOTE: The scope of the proposed development authorized by this permit is outlined in the settlement
agreement dated 5/24/21 between Darren and April Randolph, the North Carolina Department of
Environmental Quality - Division of Coastal Management, and Eric Loken.

BOBBY MOON CONSTRUCTION, INC.
6003 Neuse Road
Grantsboro, NC 28529
Phone [phone] / Fax [phone]
Licensed and Fully Insured
NCGC License #62120
Project Narrative - Revised
8/9/21
Owner: Eric Loken
Project: Wing -wall Extension
Location: 230 Drake Landing
Neuse Harbor
New Bern, NC 28560
We are proposing to extend the existing bulkhead wingwall on the left side of the property. This
private residential single home property suffered significant erosion on each side of his property
during hurricane Florence. This upland structure wing -wall extension is imperative for immediate
repair and to protect against future damage.
The approximate location of the wing wall extension can be seen by reference to the survey of the site
sealed by Robert H David, P.L.S., L-2432 on March 13, 2007, and previously provided to Mr. and Mrs.
Randolph. This survey reflects that the end of the existing wing wall is at an elevation of
approximately twenty-two feet relative to NAVD 88. As per a settlement agreement dated May 24,
2021, this wall will extend landward to a point that is no more than 5' waterward from the waterward
existing white fence post on the Randolph's property. This work will also replace approximately 6' of
the existing wingwall.
This wall is to be constructed in a similar kind to the existing wall and the left side wing wall extension
located at 226 Drake Landing. Construction shall take place on the applicant's property. 20' vinyl
sheet pile will be driven into the ground with a vibratory hammer. Wall shall also have horizontal
walers and vertical driven pilings in front for additional support. Each piling will have mechanical
tieback anchors installed into applicants' property. This is referred to as a Navy style wall.
At the landward end of the wing wall, the top of wall elevation shall be approx. 25' above NWL and
level with the upper yard elevation. Eroded area behind the existing wall and new wall extension will
be backfilled with suitable soil in a manor to prevent any soils from entering the adjacent waters.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.
RECEIVED
AUG 13 2021
DCM-MHD CITY

OCM MP-1
RECEIVED
APPLICATION for
Major Development Permit
(last revised 12127106)
AUU 0 4 2021
DCM-MHD CITY
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
N/A
Wing -wall extention
Applicant 1: First Name
MI
Last Name
Eric
R
Loken
Applicant 2: First Name
MI
Last Name
N/A
N/A
N/A
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
PO Box
City
State
230 Drake Landing
N/A
New Bern
NC
ZIP
Country
Phone No.
FAX No.
28560
us
571 - 926 -
2688 ext. N/A
WA -
Street Address (6 different from above)
City
State
ZIP
N/A
N/A
WA
WA -
Email
daggaboy528Qgmail.com
2. Agent/Contractor Information
Business Name
Bobby Cahoon Construction
Agent/ Contractor 1: First Name
MI
Last Name
Derrick
N/A
(pock
Agent/ Contractor 2: First Name
MI
Last Name
N/A
N/A
N/A
Mailing Address
PO Box
City
State
6003 Neuse Rd
N/A
Grantsboro
NC
ZIP
Phone No. 1
Phone No. 2
28529
252 - 249 -'1617
ext. N/A
252 - 229 - 4021 ext. N/A
FAX No.
Contractor#
252 249 9884
62120
Street Address (6 different from above)
City
State ZIP
N/A
N/A
N/A N/A -
Email
[e-mail]
<Form continues on back>
252-808-2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Craven
230 Drake Landing
N/A
Subdivision Name
city
State
Zip
Neuse Harbor
New Bern
NC
28560 -
Phone No.
Lot No. (a) (if many, attach additional page with list)
571 - 926 - 2688 ext. N/A
N/A, I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse
Neuse River
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade []Unknown
Neuse River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
Craven County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
100,
.72 Acres
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
N/A, I I
NWL (normal water level)
(if many lot sizes, please attach additional page with a list)
25' ❑NHW or ®NWL
e.
Vegetation on tract
Grass, Trees, Bushes
f.
Man-made features and uses now on tract
House, Seawall, Dock
RECEIVED
g.
Identify and describe the existing land uses adjacent to the proposed project site. A i) b 0 4 2021
single family dwelling
DCM-IWHD CITY
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, it applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA
If yes, by whom? N/A
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
Natlonal Register listed or eligible property?
<Form continues on next page>
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ❑Yes ®No
(ii) Are there coastal wetlands on the site? ❑Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Sewer
o. Describe existing drinking water supply source.
Municiple
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Land Retention, Property Protection, Property Re-establishment and stabilization
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Vinyl sheet pile will be installed with an excavator and vibratory hammer along with
horizontal timber walers and vertical
pilings for added support. Wall will have tieback rods and mantaray earth anchors driven horizontally on to owners property.
Machine will be store on site when in and out of use for the duration of project.
d.
List all development activities you propose.
Wing wall extention and earthen back fill. Owner will sod when completed.
e.
Are the proposed activities maintenance of an existing project, new work, or both?
both
f.
What is the approximate total disturbed land area resulting from the proposed project?
1000 ®Sq.Ft or ❑Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
❑Yes ®No ❑NA
that the public has established use of?
It.
Describe location and type of existing and proposed discharges to waters of the state.
None
I.
Will wastewater or stormwater be discharged into a wetland?
❑Yes ®No DNA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No ®NA
j.
Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
RECEIVED
<Form continues on back> AUG 0 4 2021
DCM-MHD CITY
252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Darren and April Randolph Phone No. 352-514-7347
Address 228 Drake Landing
Name Joseph Ely Phone No. 252-631-4189
Address 232 Drake landing
Name NIA Phone No. WA
Address N/A
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pei miltee, and issuing dates.
CAMA General #71349 Eric loken 6/26t18
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner]
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only th
The project will be subject to the conditions and restrictions contained in the permit.
in the application.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that he information provided in this application is truthfu1to the best of y knowledge.
Date �l�J�a Print Name ! IU! eb�
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED
EDCM MP-3 Upland Development
❑DCM MP-4 Structures Information
AUG 0 4 2021
DCI'J€-IJIHD CITY
252.808-2808 .. 1.888.4RCOAST .. www. nccoa sta l management. net

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
Wing -wall extention
c. Density (give the number of residential units and the units per
acre).
existing single home on a .72 acre lot
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ❑No ®NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
As described in the project narritive
i. Give the percentage of the entire tract to be covered by impervious
and/or buift-upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
As described in the project narritive
J. Describe proposed method of sewage disposal.
NA
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent, "wash down' and residential discharges).
Surface runoff
b. Number of lots or parcels.
1 existing
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
500 sf
f. List the materials (such as marl, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
As described in project narritive
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Cenificition.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ONo ❑NA
(ii) If yes, list the date submitted:
it. Have the facilities described in Item (i) received state or local
approval?
®Yea ❑No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No DNA
If yes, attach appropriate documentation.
RECEIVED
AUG 13 2021
252-008.28082:: 1-888.4RCOAST:: www.nceoastalmanagement.net revis,!u:

Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Municiple
a. When was the lot(s) platted and recorded?
Map Date 226/1987
Recorded Date 10/12/1987
ahsl ;�1
Date
0;! w/JJo oil
Project Name
Applicant N
Applicant Signature
n. (i) Will water be impounded? ❑Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilhies be
installed for this upland development?
[]Yes ®No ❑NA
RECEIVED
AUG 13 2021
DCM-MHD CITY
252-808-2808 :: 1-8864RCOAST :: www.nccoestalmana Milont.net revised: 12/26106

Craven County GIS Proposed Site k0onditions
Craven COUnry C0e5 NOT wS IRM Me information 4110wT 00 able map and should the, used ONLY bfi Ba assessment purposes printed on July 22, 2021 a18 0313 HM AUG 13 20211 inch = 33 feet
DCM-MHD CITY

2"x 12" Top Cap
2"X 8" Back Wale
6"x 6" Treated
Double Timber Wale
)1000�1
3/4" X 15' Tie -Rod
MR-1 40,000 LB
Manta Ray Earth Anchors 5.5 ESP or Equivalent
Installed approx. 5' oc 18-20'
Vinyl Sheet Pile
8" x 20' Navy Wall Piling
In Front of Wall
5' OC for length of wall
This drawing is the sole property of
Bobby Cahoon Construction Inc.
and is not intended for use by any other entity.
APPROX 12'
APPROX 8'
Vinyl
Retaining Wall
Seawall
Cross Section
Double Wale/ With Pilings
RECEIVED
AUG 0 4 2021
DCM-MHD CITY

RECEIVED
AUG 04 2021
'JCWMHD CITY
A"
Craven County GIS Existing Site Conditions 1 inch =33feet
Craven County does NOT warrant the info mat on ahovm on ON is me p and should W used ONLY fortes aasaaam ant purposes, printM an July 22. 2W at 8.4323 AM

RECEIVED
AUG 0 4 267'
.-)CM-MHD CITY
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Craven County GIS Proposed
Craven County does NOT varrant the Information shaven on this map and should be used ONLY lortax assessment purposes. Printed on July 22, 2021 W84323AM
1 inch = 33 feet t

1£OY GOQPEt
cn�a;
_JOH'N'CiICHOCSOt�
1n6erGi7SeLtef� r._..a
S. DANIEL-SIvQTI -
Dlrgcror ..
October 4, 2021
Eric Loken
230 Drake Landing
New Bern, NC 28560
DWR # 2021-1220
Craven County
Subject: AUTHORIZATION CERTIFICATE PER THE NEUSE RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL
CONDITIONS
230 Drake Landing - Wing Wall Extension - Shoreline Stabilization
Dear Mr. Loken:
You have our approval for the impacts listed below for the purpose described in
your application received by the Division of Water Resources (Division) on August 4,
2021. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This approval requires you to comply with the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 0611]
Type of Impact
Amount Approved
Permanent (square feet)
Plan location/ Reference
Attached
Buffer - Zone 2
B-2
500 ftz (square feet)
Plan Sheets
� North Caralma;nepartrne�t ofEnvironmmtaiQyahry �.Divts[onoFWate'Resotircesi
.Washington Regional66tii_1993Wastiingtort5q}�am Maq.l WashingroiiklartliCai
:2519d!L"81�

2. Diffuse Flow
An additional condition is that all stormwaters shall be directed as diffuse flow at non -
erosive velocities through the protected stream buffers and will not re -concentrate
before discharging into the stream as identified within 15A NCAC 02B .0714(5) or
provide treatment via an approved stormwater BMP meeting the nutrient removal
requirements established within 15A NCAC 02B .0714(a) (1) (2). For this project, diffuse
flow can be accomplished through guttering of all roof drainages and directing their
discharge to a point outside the entirety of the riparian buffer.
3. No Waste, Spoil. Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Buffer Authorization Application. All
forestry operations activities shall be performed so that no violations of state water
quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502].
4. The Permittee shall replant the vegetation within temporarily disturbed areas
associated with this project in an "in kind" manner immediately following construction.
(Example: Disturbed areas with pre-existing grassed lawns must
be replanted with grass. Disturbed areas with pre-existing trees or woody vegetation
must be replanted with trees and woody vegetation. Disturbed areas with pre-existing
forest vegetation must be replanted with forest vegetation including at least two
different native hardwood tree species at a density sufficient to provide 260 trees per
acre at maturity. This density can usually be achieved by planting approximately 360
(11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of
trees/shrubs/forest must be completed by the first subsequent planting season
(November 1 through March 30). Note, if the tree plantings do not survive, they will
need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC
02B .0714 (6)]
S. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of the
Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property
is sold, the new owner must be given a copy of this approval letter and Authorization
and is responsible for complying with all conditions. [15A NCAC 0213 .0507(d) (2)]
6. This approval and its conditions are final and binding unless contested. {G.S.143-215.5)
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
htto://www.ncoah.comor by calling the OAH Clerk's Office at [phone] for
information.
'North Carolina Deparuneti[ of EnvlronmentalQuality Divfsian of Water Resources;
` D I- Washington Regional Office. 1.943 WasNngtoo SquaareMz01 Wash ngton.North 6ioMaMs%
o�no.v � ow� as2944648(] � _

Within sixty (60) calendar days of receipt of this notice, aetition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy
of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
Ifsending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0714. Please contact Tina Martin at 252-948-3844 or
tina.martin@@ncdenr.gov if you have any questions or concerns.
Sincerely,
Pl .w T.t,."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Eric Loken (via email: [e-mail])
Jonathan Howell (CAMA)
Gregg Bodnar (CAMA)
Laserfiche/DWR file copy
D E:_Qpp
North Carolina Department ofEnvironmental QgA_ty I Div_Wd of Water Resourcesi
Washington Regional Office:l 943 Washington Square Mag:l Washington. Rorth Ca6ffili 188g,
252946.b481,

R
IP
10
F i r
Area of Concern
Wing Wall Extension%r'
r

fi
V
=�- Vinyl
2'x 12"Top Cap Retaining Wall
rw
2"x 8" aack'wale —� <u
Seawall
Cross Section
6"x 6" Treated
°"�°i Double Wale/ With Pilings
' � „� '
Double Timber Wale
{ ,
APPROXI.
KV
e_ 3/4" x 15' Tle-Rod
MR-1 40,000 LB
Manta? Ray Earth Anchors S.5 ESP or Equivalent
Installed approx. 5' cc 18-20" —
Vinyl Sheet Pile
c
a APrRox e'
'1
r X:20' Navy Wall Piling
In Front of Wag RECEIVED.
5" OC for length of wall Kam"
A .1� '
AUG; 0:42021
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DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Loken, Eric COUNTY: Craven
PROJECT NAME:
LOCATION OF PROJECT: 230 Drake Landing, New Bern, Craven County.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-4-21
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes
FIELD REPRESENTATIVE: Connell DISTRICT OFFICE: MHC
DISTRICT MANAGER REVIEW: Roy Brownlow
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 8-15-21
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 10-18-21
EMAIL OUT DATE: 8/9A I
PERMIT FINAL ACTION: ISSUE DENY
FEE REC'D: $250 Click or tap here to enter text.
END OF NOTICE DATE: 9-10-21
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: Click or tap to enter a date.
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
$. 6 _'
V"
C
DCM — LUP Consistency Determination
10.1q .Z 1
✓
w / Sk I+we. it
Local Permit Officer
.��.�,1
W / S
Corps of Engineers — Regulatory Branch
DWR-401 Section
DWR— Public Water Supply
.I1-11
✓
Nla.l 5 ILA 0 1 ra S I
DEMLR—Stormwater i
DEMLR — Sed and Erosion Ch o
ar` So,ti.s
-i-1141
✓
W 5tl 1
DOA— State Property Office
✓
w f
Wildlife Resources Commission
g-16-21
✓
✓ f ke yKcA-
DMF — Shellfish Section
a- 31- $,1
✓
w s
DMF — Habitat & Enhancement
g _ RS ' % I
✓
w S I ewnc
DNCR — Archives & History
9 q - y I
✓
s +
DNCR—Natural Heritage Program It
NCDOT J►&U.d 14Cwrl,?
NC Dept of Commerce
8 10
L

ROY COOPER
gmvc r " - .
F.F]7JIBE'I`FI S. BLSERi
seoemry
BRAVOWbAVIS`.
viceeroi
August 9,2021
MEMORANDUM:
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NG28557
Fax [phone] (Courier 11-12-09)
f onathan.H owell Oncdenr.gov
SUBJECT: CAMAAppficaGonReview
Applicant Loken, Eric
"Project Location_ 230 Drake Landing, New Bern, Craven County_
Proposed Project The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by �4 USU t 30, 20 1 If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
^ This agency has no comment an the proposed project
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRIN- -- T ---- Lee Padrick
NAMEI
AGE CN ,NC/Commerce
IGNATUR � ��>
DAT 8-10-21
North Cimllra Departimnt ofFivlionmentdQt aIlly l DlvhlonofCoa'so Management.
MoreheadClty offlee 1 400 CommerteAymue I Moorehta4Qy, NorthCamKna 28W:
'T" D /�'�' 25280&2808

Howell, Jonathan
From: Padrick, Lee
Sent: Thursday, August 19, 2021 2:51 PM
To: Howell, Jonathan
Subject: RE: CAMA Major Permit Application - Loken, Eric
No change in original comments.
Thanks,
Lee Padrick
Chief Economic Development Planner
Northeast Prosperity Zone
Main Street & Rural Planning Center
North Carolina Department of Commerce
w-� NC DEPARTMENT
T' of COMMERCE
RURAL ECONOMIC
`"'" DEVELOPMENT
Phone: [phone]
Ipadrick(o)nccom merce.com
Eastern Regional Office (mailing address)
PO Box 1587
Greenville, NC 27835
Eastern Regional Office (physical address)
105 Pactolus Hwy (NC33)
Greenville, NC 27835
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Howell,Jonathan <[e-mail]>
Sent: Thursday, August 19, 2021 2:50 PM
To: Keefe, Madeline J <[e-mail]>; Love-Adrick, Rachel A <[e-mail]>; Bland,
Raleigh W CIV CESAW CESAD (US) <[e-mail]>; Padrick, Lee <[e-mail]>; DCR
- Environmental —Review < Environmental. [e-mail]>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<[e-mail]>; Harrison, James A <[e-mail]>; Harris, David B
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A <[e-mail]>; Sullivan, Shelton
<[e-mail]>; Sams, Dan <[e-mail]>; Hall, Christine <[e-mail]>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Butler, Rodney A <[e-mail]>
Cc: Connell, Brad <[e-mail]>; SVC_DCM.MHC.Admins <[e-mail]>
Subject: RE: CAMA Major Permit Application - Loken, Eric

Hey everyone, attached is a revised documents for the Loken application sent to you on 8/9. If you have sent me
comments on this project, can you take a look at the revised narrative and send me an email stating you wish to revise
your comment or an email stating there is no change in your original comment. Thanks.
Jonathan Howell
Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ex.204 - office
Jonathan. Howell(c ncdenr.00v
400 Commerce Avenue
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Keefe, Madeline J <[e-mail]>
Sent: Monday, August 9, 20214:18 PM
To: Love-Adrick; Rachel A<[e-mail]>; Bland, Raleigh W CIV CESAW CESAD (US)
<Raleigh.W.Bland(@usace.army.mil>; Padrick, Lee <[e-mail]>; DCR - Environmental —Review
<[e-mail]>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<Kimberlee.Hardin¢@ncdenr.gov>; Harrison, James A <James. Harrison@ ncdenr.gov>; Harris, David B
<[e-mail]>;Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A <[e-mail]>; Sullivan, Shelton
<[e-mail]>; Sams, Dan <[e-mail]>; Hall, Christine <Christine. Hall@ ncdenr.gov>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Butler, Rodney A<[e-mail]>
Cc: Howell, Jonathan <[e-mail]>; Connell, Brad <[e-mail]>;
SVC DCM.MHC.Admins <[e-mail]>
Subject: CAMA Major Permit Application - Loken, Eric
Importance: High
Hello All!
Please accept this correspondence as the official distribution of CAMA application from Loken, Eric, in New Bern, Craven
County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended
for you.
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Jonathan Howell at jonathan.howell@ncderingov or [phone] ext. 215.
Thank you!
Madeli*LLe, Kee.&
Administrative Support

h
Division of Coastal Management
Department of Environmental Quality
252.808.2808 Ext. 200
252.247.3330 Fax
M addy. Keefe(ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
a -/"Nothing Compares,..,_
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER'.
'Cgvemoc
ELIZABM-8. BISEIt
sgo�ra =
'BR SXTOt4-DAVI&
'R7e -.
August 9, 2021
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
[e-mail]
SUBJECT: CAMA Application Review
Applicant: Loken, Eric
Project Location: 230 Drake Landing, New Bern, Craven County
Proposed Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by A 0112024 If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
.R NTI NX—Mil
Rachel Love-Adrick
AGENG Division of CNstgl M a ement
SIGNATUR
8/1912021
North Carolina Deportment aFEnvtro0ment4Quality I DivfslorlorCoastalMonagemerit-
Moreheadchy Office 1.400 CommceAvenue I. Momhwd City, North Carolina 28597i
2528082808

ROY'GOOPE)t
Governor -_.. -.
am"_MSS
BRWONDAVISi
Aireuor,
tr4gtIFilei 171101pill 6
TO: Jonathan Howell, Major Permits Coordinator
Division of Coastal Management
FROM: Rachel Love aDistrict Planner /)
Division of Coastal Management
SUBJECT: Major Permit Request by Erik Laken
DATE: August 19, 2021
LUP CONSISTENCY DETERMINATION: The request is consistent with/not in conflict with the 2009
Craven County Land Use Plan certified by the CRC on October 30, 2009.
This proposal is considered minor development under the Coastal Resources Commission's current rules and
the CAMA. However, this proposal is being processed via CAMA Major Permit application because of a
settlement agreement from the Office of Administrative Hearings executed on May 24, 2021.
Overview: The project site is located adjacent to the Neuse River at 230 Drake Landing near New Bern,
Craven County. This lot is currently developed with a residential dwelling, bulkhead, and dock. The adjacent
riparian properties are similarly developed within the Neuse Harbor subdivision.
The elevation of the adjacent high ground of the parcel at the location of the proposed wing wall is
approximately 24' above the normal water level (NWL). Vegetation on the parcel mainly consists of lawn
grasses and shrubs. The parcel has 100' of continuous shoreline along the Neuse River. Immediate offshore
water depths adjacent to the parcel range from -0.5' to -4' NWL. The subaqueous substrate is firm without
shell.
AECs involved include: Estuarine Shoreline. The Neuse River is approximately 3.35 miles across at this
location, and classified as SA; Nutrient Sensitive. The area is not classified as a Primary Nursery Area and is
open to shellfish harvest. Submerged aquatic vegetation was not observed at this location. There are no
coastal wetlands or cultural resources.
The applicant is proposing to extend an existing west end wing wall that is contiguous to the existing vinyl
bulkhead on their property within the high ground area that is approximately 40' landward of the Neuse
River normal water level.
The applicant is proposing to construct a wing wall extension to the existing vinyl bulkhead wingwall
according to the terms, agreement, and conditions of the OAH Settlement Agreement executed May 24,
2021. The proposed wall would terminate 5' from the neighbor's fence post pursuant to the settlement
agreement.
'i
Nortfi Carutina Department oPEnvlrgovieatefQyallty'I DIVWan of Coastal Management
�%- woreFie"ad.CiCy Office 1400 Cammetm Ave I`Mootehead p'4' North Carolina 28557
2528082B08i .

Anticipated impacts The proposed extension and associated backfill would impact approximately 500
square feet of high ground.
Basis for Determination:
The project site is located in the Craven County and is subject to the 2009 Craven County Land Use Plan. The
Future Land Use Map (FLUM) designates the site as Rural with Services. Development within the designated
AECs is limited by CAMA regulations and development guidelines (15A NCAC 7H).
Applicable or related LUP policies include:
P.37, pg.144: Residential, commercial, and industrial development which meets.15A NCAC7H use standards
will be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas,
development will be allowed that is consistent with applicable local, state, and federal regulations.
P.39, pg. 144: "Craven County supports the use of erosion control structures in estuarine shoreline areas."
1.29 Craven County will rely on the NC Department of Environment and Natural Resources, Division of
Coastal Management to regulate development through the CAMA permitting process. Also, it will rely on
the regulations of other state and federal agencies with regulatory authority, as well as existing local
development regulations, to mitigate threats to AECs. Schedule: Continuing Activity.
Nor[h Carolina Dep tmmtofEmb onmmml%wIfty') DhrL orC6astal Mana- nt
DE'Q �, Moreheadciiy Office] 444 C000der=Avenui l Moorehead City North Carolina Z65571
�i_ 25z80s.2eoa.

Howell, Jonathan
From: Love-Adrick, Rachel A
Sent: Thursday, August 19, 2021 3:08 PM
To: Howell, Jonathan
Subject: RE: CAMA Major Permit Application - Loken, Eric
Jonathan —
There are no changes to my original comments.
Thank you,
Rachel
From: Howell, Jonathan
Sent: Thursday, August 19, 2021 2:50 PM
To: Keefe, Madeline 1 <Maddy. Keefe@ ncdenr.gov>; Love-Adrick, Rachel A<[e-mail]>; Bland,
Raleigh W CIV CESAW CESAD (US) <[e-mail]>; Padrick, Lee <[e-mail]>; DCR
- Environmental_ Review <[e-mail]>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<[e-mail]>; Harrison, James A <[e-mail]>; Harris, David B
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A<[e-mail]>; Sullivan, Shelton
<[e-mail]>; Sams, Dan <[e-mail]>; Hall, Christine <[e-mail]>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Butler, Rodney A <[e-mail]>
Cc: Connell, Brad <[e-mail]>; SVC—DCM.MHC.Admins <[e-mail]>
Subject: RE: CAMA Major Permit Application - Loken, Eric
Hey everyone, attached is a revised documents for the Loken application sent to you on 8/9. If you have sent me
comments on this project, can you take a look at the revised narrative and send me an email stating you wish to revise
your comment or an email stating there is no change in your original comment. Thanks.
Jonathan Howell
Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ex.204 - office
Jonathan. Howell(a)ncdenr.00v
400 Commerce Avenue
Morehead City, NC 28557

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Keefe, Madeline J <Maddy.Keefe ncdenr.gov>
Sent: Monday, August 9, 20214:18 PM
To: Love-Adrick, Rachel A <rachel.love-adrick ncdenr.gov>; Bland, Raleigh W CIV CESAW CESAD (US)
<[e-mail]>; Padrick, Lee <[e-mail]>; DCR - Environmental —Review
<[e-mail]>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<[e-mail]>; Harrison, James A <James. Harrison @ncdenr.gov>; Harris, David B
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A <[e-mail]>; Sullivan, Shelton
<[e-mail]>; Sams, Dan <[e-mail]>; Hall, Christine <Christine.HaII A ncdenr.gov>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <maria.dunn@ncwildl!fe.org>; Wilson, Travis W.
<travis.wilson ncwildlife.org>; Butler, Rodney A<[e-mail]>
Cc: Howell, Jonathan <[e-mail]>; Connell, Brad <[e-mail]>;
SVC DCM.MHC.Admins <[e-mail]>
Subject: CAMA Major Permit Application - Loken, Eric
Importance: High
Hello All!
Please accept this correspondence as the official distribution of CAMA application from Loken, Eric, in New Bern, Craven
County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended
for you.
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Jonathan Howell at [e-mail] or [phone] ext. 215.
Thank you!
Ma O.i.n.e, Kezf&
Administrative Support
Division of Coastal Management
Department of Environmental Quality
252.808.2808 Ext. 200
252.247.3330 Fax
Maddv.Keefe[7a ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
2

K-,r-v_
-'/'Nothing Compares,.
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

AlzmM, Cg's -EM
BMMN VA'%5,,
FROM:
QAO e pit
y, 96557
CAMWApplick0h Rdvidw
M,brake l.jRq(j%,,Neyv-Bbmi Craven County.
Proposed Profich
REPLY-, This ,agenoy,.hasin6:object[otito.�thb,project as-p"mpo"'sdd.'
ft meK mayb
e ybddttabh6d""
m d d h (ho retz men o i gn9psi
are (ncorporated;,Beeatjaohe'd:
eonimenits.,'
I MM
D mg 8-1 1
I -
c AltuNiGiramwssse

i
Howell, Jonathan
From:
Dunn, Maria T.
Sent:
Thursday, August 19, 2021 3:26 PM
To:
Howell, Jonathan
Cc:
Harrison, James A; Pullinger, Robert C
Subject:
RE: CAMA Major Permit Application - Loken, Eric
Attachments:
CMDF_Eric Loken_NCWRCA.pdf
Jonathan,
1 sent my comment sheet to Gregg rather than you. Attached is that sheet — the revised documents do not change my
comments.
Thank you.
Maria
Maria T. Dunn
Coastal Coordinator
NC Wildlife Resources Commission
943 Washington Sq. Mall
Washington, NC 27889
office: 252-948-3916
www.ncwildlife.org
Email correspondence to and from this sender is subject to the N.C. Public Records Law and may be disclosed to third parties.
From: Howell, Jonathan <[e-mail]>
Sent: Thursday, August 19, 2021 2:50 PM
To: Keefe, Madeline J <Maddy. Keefe@ ncdenr.gov>; Love-Adrick, Rachel A <[e-mail]>; Bland,
Raleigh W CIV CESAW CESAD (US) <[e-mail]>; Padrick, Lee <[e-mail]>; DCR
- Environmental_ Review <[e-mail]>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<[e-mail]>; Harrison, James A <James. Harrison@ ncdenr.gov>; Harris, David B
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A <[e-mail]>; Sullivan, Shelton
<[e-mail]>; Sams, Dan <[e-mail]>; Hall, Christine <[e-mail]>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Butler, Rodney A<[e-mail]>
Cc: Connell, Brad <[e-mail]>; SVC—DCM.MHC.Admins <[e-mail]>
Subject: RE: CAMA Major Permit Application - Loken, Eric
Hey everyone, attached is a revised documents for the Loken application sent to you on 8/9. If you have sent me
comments on this project, can you take a look at the revised narrative and send me an email stating you wish to revise
your comment or an email stating there is no change in your original comment. Thanks.
Jonathan Howell
Major Permits Coordinator

i
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ex.204 - office
Jonathan. Howell(ancdenr. aov
400 Commerce Avenue
Morehead City, NC 28557
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Keefe, Madeline J <[e-mail]>
Sent: Monday, August 9, 20214:18 PM
To: Love-Adrick, Rachel A <[e-mail]>; Bland, Raleigh W CIV CESAW CESAD (US)
<[e-mail]>; Padrick, Lee <[e-mail]>; DCR - Environmental —Review
<Environmental. Review@ ncdcr.gov>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<[e-mail]>; Harrison, James A<[e-mail]>; Harris, David B
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <tim.walton@doa:nc.gov>; Moser, Mike <[e-mail]>;.
Hilliard, Wanda <wanda.h![e-mail]>; Montalvo, Sheri A <[e-mail]>; Sullivan, Shelton
<[e-mail]>; Sams, Dan <[e-mail]>; Hall, Christine <[e-mail]>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Butler, Rodney A <[e-mail]>
Cc: Howell, Jonathan <[e-mail]>; Connell, Brad <[e-mail]>;
SVC DCM.MHC.Admins <[e-mail]>
Subject: CAMA Major Permit Application - Loken, Eric
Importance: High
Hello All!
Please accept this correspondence as the official distribution of CAMA application from Loken, Eric, in New Bern, Craven
County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended
for you.
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Jonathan Howell at [e-mail] or [phone] ext. 215.
Thank you!
Mazte-� Keef-&
Administrative Support
Division of Coastal Management
Department of Environmental Quality
252.808.2808 Ext. 200
252.247.3330 Fax

y
M addy. Keefe(a ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
I C&
Nothing Compares.-....
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ROY COO,PF.R
CQvvrr{or .
FJl7J1BETH S;` 81SF.R
Secremry, -
B1;tIX[Ot�l`Di1V1Si
'Olrecto�
August 9, 2021
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ -Division of Coastal Management
400 Commerce Avenue,Morehead City, NG 28557
Fax [phone] (Cour_rieer 11-12 09)
Jonathaitk6W 11 ci ncdenr:eov;
SUBJECT: CAMA Application Review
Applicant: Loken, Eric
Project Location; 230 Drake Landing, New Bem, Graven County,
Proposed Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below youragency's position or viewpoint on the proposed ro'ect and
return this form to Jonathan Howell at the address above by gGS„_ t d,''2021 s If you have: any
questions regarding the proposed project; contact Brad,Connell 252-808-2808 ext. 214;.
when appropriate, in-depth comments with supporting' data is requested.
REPLY: X This agency has no objection to the project as proposed.
*Additional comments may be attached`*
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NA V�I Tina Martin
A�`GENCY Division of Water Resources
IG----- l ()ATMy
AT ' August 17, 2021
DWR# 2021-1220 Vl
This project requires a buffer authorization instead of a 401 because 10 feet of of the buffer zone
is affected by the upland wing wall.
��� NorttiCaroliria DepartmenE ofE,nvlrono%rtalQualitp �p[vlsiartof CuasiatMm�agement
Moraheadcfty 0fflee 1460cormnerce Avenue L MooreheadClty.North Cam8na28537" 3
�� ft-\ e4l =8082808.

Coyernor
ELT7ABES BISER
,Secreta{y
BithXl'QN'bAVIS�
orr�ior
August 9, 2021
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
[e-mail]
SUBJECT: CAMA Application Review
Applicant: Loken, Eric
Project Location: 230 Drake Landing, New Bern, Craven County.
Proposed, Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the proposed �ro'ect and
return this form to Jonathan Howell at the address above by /�f" MW3 LOZti If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
P.RINT_A Shannon Myers
AG_EN C Shellfish Sanitation & RWQ
�`IGMATUR� Sx1LB��y���
—�z
WM 8/31/2021
e�. Nath.Carultna Departmenhof,EnviraiunrntalQaadty lOtv4s3ortofCoastai Manayem'ent;
-DEQ Mbrsheal ChyOfflcel4o"P!-q-mrnae l.Mo1 Dly dnRrc µalmZa2855f

ROY COOPER
oar
ELfZABEfH S: BISF.Ri
SeeeAciy -
BRAkirm DAVIS!
OtrecM
August 9, 2021
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
Ionathan.Howell(a ncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Loken, Eric
Project Location: 230 Drake Landing, New Bern, Craven County.
Proposed, Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the ro osed project and
return this form to Jonathan Howell at the address above by �I 4GQ 22021' If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINTIftdAME Mark Brown
AGENG Public Water Supply
SI TURRR� ,'(tsk. &,r ,
DAT 8-11-21
p NortFi.Carolina DepartmeR�afEnylronmental Quality -I pWIslon of Coastal Management
DBE, J/ Morehead Qty.Of8ce 14000ommerceAYenye.1. Moorehead CRY,, Noah Carolina MW
2528082808

Howell, Jonathan
From:
Brown, Mark
Sent:
Tuesday, August 24, 2021 1:41 PM
To:
Howell, Jonathan
Subject:
RE: CAMA PWS .
Jon,
Many thanks for checking. The additional information does not change my review Q
Thanks
Mark Brown
Assistant Regional Engineering Supervisor
Wilmington Regional Office
Public Water Supply Section
Department of Environmental Quality
Phone [phone]
Mobile [phone]
Email mark.brown aencdenr.gov
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.'
Wilmington, NC 28405
rv� Y: r.'4.Y4wiH wugrr�'+Lti1i
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties
From: Howell, Jonathan <[e-mail]>
Sent: Monday, August 23, 20212:45 PM
To: Brown, Mark A <[e-mail]>
Subject: RE: CAMA PWS
Hey Mark, I sent out some supplemental information for the Loken Project at 230 Drake Landing, New Bern on 8/19. Did
you receive this information and if so, does it change your comments? Thanks.
Jonathan Howell
Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ex.204 - office
Jonathan.HowellCa)ncdenr. gov
400 Commerce Avenue
Morehead City, NC 28557

Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Brown, Mark A <[e-mail]>
Sent: Wednesday, August 11, 2021 9:13.AM
To: Howell, Jonathan <[e-mail]>
Cc: Cox, Heidi <[e-mail]>
Subject: CAMA PWS
Jon,
Please find the attached report.
Mark Brown
Assistant Regional Engineering Supervisor
Wilmington Regional Office
Public Water Supply Section
Department of Environmental Quality
Phone [phone]
Mobile [phone]
Email mark.brown(aa)ncdenr.aov
NCDEQ
Wilmington Regional Office
127 Cardinal Drive Ext.
Wilmipton NC 28405
l r"t,Est�9Ca�}wrss.>tiw�
y
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties ,

d�%SfATEq
ROY COOPER
Governor •� .
ELIZABETH S. BISER
Seoemrr m�'�
BRAXTON DAVIS NORTH CAROLINA
Dtrecta, Environmental Quality
August 9, 2021
MEMORANDUM:
FROM: Jonathan Howell, Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
tonathan.HowellOD ncderingov
SUBJECT: CAMA Application Review
Applicant: Loken, Eric.
Project Location: 230 Drake Landing, New Bern, Craven County
Proposed Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by August 30, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext, 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed,
"Additional comments may attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
AGENCY .50EQJ:3+ %aQzt&j044z" J
SIGNATURE li 1 .. -at,;4�
DATE Cl.t t" j4r, a20L-IJ
D Q�
North Carolina Department of Environmental Quality i Division or Coastal Management
Morehead City Office 1 400 Commerce avenue I Moorehead City. North Carolina 28557
252.808.2808

ROY COOPER
coves COPPER
_ _
ELIZABEI'EI`_S BLSF.R
Searfcry
BRAXT DAVISi
Dlrettot -
August 9, 2021
MEMORANDUM:
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
1 onathan.Howell (a@ ncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Loken, Eric
Project Location: 230 Drake Landing, New Bern, Craven County.
Proposed Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the ro osed pEoject and
return this form to Jonathan Howell at the address above by AU USt 3012021< If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
XThis agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PR(NTNAMEJames
Harrison.
AGENC
NCDMF
SIGNATUR
JaW&V HAr"i•4,04y
DAT
25 August 2021
D_. Q
rrnTMco.
maa
North CargHmDepar[mert oftnvimrimmtal"ify I DWon of Coastal Management
Morehead CttyOfhw 1400Commerce Avenue,'[. Moorehead City, North Carolina 2B53f
2528082808

I1E . lr�m_
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
DATE:
August 6, 2021
TO:
Gregg Bodnar
THRU:
Roy Brownlow
FROM:
Brad Connell
ROY COOPER
aovernnr
ELIZABETH BISER
Secrelary
BRAXTON C. DAVIS
U;reco-r
SUBJECT: Comments and Recommendations - CAMA Major Permit —Eric Loken, Craven County
The following is my assessment and consequent recommendations of the above referenced proposal: This proposal fills
500 square feet of high ground on private property. The proposal is not near a Federal Channel. These waters of the
Neuse River are open to shellfish harvest. This waterbody is not a Primary Nursery Area. Assuming that state and federal
agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following
conditions:
1. Thepermittee shall comply with the conditions of the OAH Settlement Aareement, dated May 24, 2021.
2. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions
of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it
transferred to a third party.
3. The permittee will utilize effective sedimentation and erosion control measures during construction activities so as to
prevent loose sediment from entering adjacent waterbodies.
CC: Roy Brownlow, DCM
othtng Compares.. .
State ofNotth Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
2528082808 T

Received: 8/31/2021
Historic Preservation Office
RqY COOPER:,
Goyemor�' _
�1 �ECEI Si BISER
BjtaXT'ON DA1lISt
WvZtor
August 9, 2021
A"MMKIM
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ - Division of Coastal Management.
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
jonathan.H owejj Oncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Loken, Eric
Due: 9/8/2021
09/07/2021 NC—SVA
Project Location: 230 Drake Landing, New Bern, Craven County.
Proposed Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the Rro2osed ro'ect and
return this form to Jonathan Howell at the address above by ElU USf 30 2021^ If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
."Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINUNAMEM Renee Gledhill -Earley
Historic Preservation Office
D7iT 09/09/2021
tl�CafuMnDepar[ment ofEnvironmental Quality;I plvwan aFC aa
-----
anagement;
D �,Q Morehead aty Ofllce 1,400 CommaceAvrnue,LMoorehead City, NorthCaroUna 285574
2528082808

September 10, 2021
Regulatory Division
ORM ID No. SAW 2021-01738
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Eric R. Loken for a Department of the Army permit to
extend an existing upland wingwall, on property located 230 Drake Landing, adjacent to the
Neuse River, near the City of New Bern, in Craven County, North Carolina.
The Federal agencies have completed review of the proposal as presented by the
application and your field investigation report.
We recommend that the following conditions be included in the State authorization:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, which are a part of this permit. Any modification to these plans must be approved
by the US Army Corps of Engineers (USACE) prior to implementation.
2. Except as specified in the plans attached to this permit, no excavation, fill or mechanized
land -clearing activities shall take place at any time in the construction or maintenance of this
project, in such a manner as to impair normal flows and circulation patterns within waters or
wetlands or to reduce the reach of waters or wetlands.
3. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
4. All mechanized equipment will be regularly inspected and maintained to prevent

contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic
materials. In the event of a spill of petroleum products or any other hazardous waste, the
permittee shall immediately report it to the N.C. Division of Water Quality at [phone],
Ext. 526 or [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.
5. The permittee shall employ all sedimentation and erosion control measures necessary to
prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit
area. This shall include, but is not limited to, the immediate installation of silt fencing or similar
appropriate devices around all areas subject to soil disturbance or the movement of earthen fill,
and the immediate stabilization of all disturbed areas. Additionally, the project must remain in
full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North
Carolina General Statutes Chapter 113A Article 4).
Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office,
Regulatory Division, telephone [phone].
Sincerely,
Raleigh Bland, S.P.W.S.
Regulatory Project Manager
Copies Furnished:
N.C. Division of Water ,Quality, Wetlands Unit
2321 Crabtree Blvd, Parkview Building
Raleigh, North Carolina 27604
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726
Ms. Twyla Cheatwood
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516

Mr. Ronald I Mikulak, Chief
Wetlands Regulatory Section
Water Management Division
U.S. Environmental Protection Agency
61 Forsyth Street, SW
Atlanta, Georgia 30303
Mr. Roy Brownlow, District Manager
Morehead City Regional Office
North Carolina Division of Coastal Management
400 Commerce Avenue
Morehead City, North Carolina 28557-3421

'POY,COPREW
ILIMEMS. BISER
5
BRAXTON 6A:VlS
Aiij ttst 0,-2621
MEMORANDUMS -
FROW Jonathan HbW611;--Major liermits-Coordinator,
'NCQEQ.- Diiieloh'60ddistal MaM&ff6ntz
401
1 Commerce Avenue M6r0hieddCity . NC 28557'
Fax .[phone] (Courier 77=12.09)
SUBJECT;; C/tklA,Apphca(lori;;:RQyiety
p#11we `Lok6h, Eilb
pyajd6i'Locatiom; 230 1 Drake . Landing, -New Bern, Craven County.
Ofid-pbsedReoject,., The iioolidafit-.Wish-est6.6x(eiid.the.d,xistiho.bulkheiad! a west aids upland
,du havdaby,
1 --T.hls,,Igency-has - bo-objectl6n'tolhO.projeqt-aa: •'Additional
This;agency has no comment on t - he proposed 'proj . act.
lfili-ag4fi6y approves bf1h6 Oirbjictbfify ikfie recommended changes
666 lh'6b'rjS,6ratid. S66 attached.
ThWaj-ialncy'obfepts.to tWprolect for re0owdescHbedin'the attached'
z6ornmeniv.
North Ln��eparfmenit rE��unwntal My I L�ijlg6,kotCoastal14,taquqe Sf
Morehead Mce I 557
k E I Q: 5
1528082808,

Howell, Jonathan
From: Jason Frederick <[e-mail]>
Sent: Monday, September 27, 2021 11:40 AM
To: Howell, Jonathan
Subject: [External] RE: CAMA Major Permit Application - Loken, Eric
Jonathan,
Craven County has no comment on the proposed development at.this address.
Jason R. Frederick CZO, LPO, CFM
Senior Planner
Craven County Planning Department
2828 Neuse Blvd. New Bern, NC 28560
252-636-6618 Office
From: Howell, Jonathan <[e-mail]>
Sent: Monday, September 27, 2021 10:37 AM
To: Jason Frederick <[e-mail]>
Subject: FW: CAMA Major Permit Application - Loken, Eric
Importance: High
. �'*
CAUTION iu,Thiiiemailonghnated,from outside;the orgahnizakron.- o of
clic(Ili!
hd
ks°en
rt.71010
`�}{, `• r; �:
atrae litentst
unless yeu,re�cognizelthe,sender, andlknow the'�contentrls�Qe - t
;
.
JonathanHowell
Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ex.204 - office
Jonathan. H owell(dncden r.gov
400 Commerce Avenue
Morehead City, NC 28557
Email correspondence to and from this address is subject to the

c - ;
North Carolina Public Records Law and may be disclosed to third parties.
From: Keefe, Madeline J <[e-mail]>
Sent: Monday, August 9, 20214:18 PM
To: Love-Adrick, Rachel A<[e-mail]>; Bland, Raleigh W CIV CESAW CESAD (US)
<[e-mail]>; Padrick, Lee <[e-mail]>; DCR - Environmental —Review
<Environmental. Review @ncdcr.gov>; Cox, Heidi <[e-mail]>; Harding, Kimberlee k
<Kim berlee. Harding@ ncdenr.gov>; Harrison, James A<James.Harr![e-mail]>; Harris, David B
<[e-mail]>; Jenkins, Shannon <[e-mail]>; Gupton, Sharon
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Montalvo, Sheri A <[e-mail]>; Sullivan, Shelton
<[e-mail]>; Sams, Dan <[e-mail]>; Hall, Christine <[e-mail]>;
Snider, Holley <[e-mail]>; Dunn, Maria T. <[e-mail]>; Wilson, Travis W.
<[e-mail]>; Butler, Rodney A <Rodney. Butler@ ncdcr.gov>
Cc: Howell, Jonathan <[e-mail]>; Connell, Brad <[e-mail]>;
SVC DCM.MHC.Admins <[e-mail]>
Subject: CAMA Major Permit Application - Loken, Eric
Importance: High
Hello All!
Please accept this correspondence as the official distribution of CAMA application from Loken, Eric, in New Bern, Craven
County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended
for you.
NO oversized work plans have been submitted by the applicant
For questions or concerns, please contact Jonathan Howell at [e-mail] or [phone] ext. 215.
Thank you!
Ma.daZft,e Keefe,
Administrative Support
Division of Coastal Management
Department of Environmental Quality
252.808.2808 Ext. 200
252.247.3330 Fax
Maddv.Keefe(a)ncdenr.gov
400 Commerce Ave
Morehead City, NC 28557
Nothing Compares -

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

October 4, 2021
Eric Loken
230 Drake Landing
New Bern, NC 28560
DWR # 2021-1220
Craven County
Subject: AUTHORIZATION CERTIFICATE PER TH&NEUSE RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B .0714) WITH ADDITIONAL
'CONDITIONS
230 Drake Landing - Wing Wall Extension - Shoreline Stabilization
Dear Mr. Loken:
You have our approval for the impacts listed below for the purpose described in
your application received by the Division of Water Resources (Division) on August 4,
2021. Please note that you should get any other federal, state or local permits before
proceeding with your project, including those required by (but not limited to) Sediment
and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This
Authorization Certificate shall expire five (5) years from the date of this letter.
This approval requires you to comply with the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Buffer Rules are met. No other impacts are approved, including
incidental impacts [15A NCAC 02B. 0611]
Type of Impact
Amount Approved
Permanent (square feet)
Plan location/ Reference
Attached
Buffer - Zone 2
B-2
500 ftz (square feet)
Plan Sheets
�� NorNtCaculiea.Depaztme�ROFEnvtronmgrtalQV,aGtY � Flfvlstu¢q€W3terRcsgtaces
Was(un§GonSi�uarehta�flitashhu�tmHmihcaraAna/fl8
429,4649t' ..

2. Diffuse Flow
An additional condition is that all'stormwaters shall be directed as diffuse flow at non -
erosive velocities through the protected stream buffers and will not re -concentrate
before discharging into the stream as identified within 15A NCAC 02B .0714(5) or
provide treatment via an approved stormwater BMP meeting the nutrient removal
requirements established within 15A NCAC 0213.0714(a)(1)(2). For this project, diffuse
flow can be. accomplished through guttering of all roof drainages and directing their
discharge to a point outside the entirety of the riparian buffer.
3. No Waste, Spoil. Solids, or Fill of And
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas
beyond the footprint of the impacts depicted in the Buffer Authorization Application. All
forestry operations activities shall be performed so that no violations of state water
quality standards, statutes, or rules occur [15A NCAC 02H .0502 and .0502].
4. The Permittee shall replant the vegetation within temporarily disturbed areas
associated with this project in an "in kind" manner immediately following construction.
(Example: Disturbed areas with pre-existing grassed lawns must
be replanted with grass. Disturbed areas with prd-existing trees or woody vegetation
must be replanted with trees and woody vegetation. Disturbed areas with pre-existing
forest vegetation must be replanted with forest vegetation including at least two
different native hardwood tree species at a density sufficient to provide, 260 trees per
acre at maturity. This density can usually be achieved by planting approximately 360
(11 x 11 spacing) to 538 (9 x 9 spacing) trees per acre.) Restoration of
trees/shrubs/forest must be completed by the first subsequent planting season
(November 1 through March 30). Note, if the tree plantings do not survive, they will
need to be replaced such that the density is sufficient to provide 320 trees per acre at
maturity. [15A NCAC 02H .0507 (c), 15A NCAC 02H .0506 (b)(3), and 15A NCAC.
02B .0714 (6)]
S. This approval is for the purpose and design described in your application. The plans
and specifications for this project are incorporated by reference as part of the
Authorization. If you change your project, you must notify the Division and you may be
required to submit a new application package with the appropriate fee. If the property
is sold, the new owner must be given a copy of this approval letter and Authorization
and is responsible for complying with all conditions. [15A NCAC 0213 .0507(d) (2)]
6. This approval and its conditions are final and binding unless contested. {G.S.143-215.5}
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of Administrative
Hearings (hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for
information.
�', North Carolina OepartmentofEmironmentalQmity I DlvWgnofWater Resmv� e3,
Washin9tanRegiona(0fftce 1"943Washtigton Scutwe W91 Washington NorthCarolina27889.
oyuwmt � � 9 282.946AO4 J _

Within sixty (60) calendar days of receipt of this notice, aetition must be filed with the
OAH. A petition is considered filed when the original and one (1) copy along with any
applicable OAH filing fee is received in the OAH during normal office hours (Monday through
Friday between 8:00am and S:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy
of the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc): .
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under the Neuse Riparian Buffer Rules as
described in 15A NCAC 02B .0714. Please contact Tina Martin at 2S2-948-3844 or
tina.martinPncdenr.gov if you have any questions or concerns.
Sincerely,
Raw TM."
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: Eric Loken (via email: [e-mail])
Jonathan Howell ( CAMA)
Gregg Bodnar (CAMA)
Laserfiche/DWR file copy
North Carob a Department of Environmental Quality IUlvtslunofWater , ortnCC3
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Page 1 of 19
i
NORTH CAROLINA S:ON 1 1 G J?ALE 7 J 3
CRAVEN COUNTY
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made this day of Qi _, 1987, by
NEUSE HARBOUR, INC., hereinafter referred to as 'Declarant'I and
all prospective purchasers and purchasers in the Subdivision known
as Nauss Harbour Phase I, as recorded in Plat Cabinet E, Slides 30
through 34, in the Office of the Register of Deeds of Craven
County.
W I T N E S S E T H&
WHEREAS, Declarant is the owner of certain property in Number
Six and Seven Townships, Craven County, North Carolina, which is
more particularly described as follows&
All of those lots or parcels of land designated as Lots
numbered 1 through 147 as shown upon a map entitled Nauss
Harbour Phase I,prepared by Robert Davis, R.L.S., dated July
7, 1907, and recorded in Plat Cabinet E, Slides 30 through
34, in the Office of the Register of Deeds of Craven County,
which map is incorporated by reference herein.
NOW THEREFORE, Declarant hereby declares that all of the
properties described above shall be held, sold and conveyed .
subject to the following easements, restriction@, covenants and
conditions which are for the purpose of protecting the value and - -
desireability of and which shall run with the real property and be
binding on all parties having any rights, title or interest in the
described properties or any part thereof, their heirs, successors
and assignee and shall inure to the benefit of each owner
thereof. .Q�, ✓I!'`-'o'^"''�'- 9•?8'90
am-(a-(1.6G�t79 4
RECEIVED
mu' 04 2021 1.
UCM-MHD Cl`�

Page 3 of 19---
B20R 1169PAGE 754
1. PROPERTY CONTROL
A. All plans and Specifications for any structure or
Improvement whatsoever to be erected on any lot, and the proposed
location and orientation in relation to streets, lot or lots, the
construction material, the roofs and exterior color schemes, shall
require prior written approval of the Declarant. Further, any
later exterior changes or additions after initial approval thereof
and any exterior remodeling, reconstruction, alterations, or
additions thereto on any lot shall. also be subject to, and shall
require the prior written approval of the Declarant, Nauss
Harbour, Inc.
B. There shall besubmitted to the Declarant two (2) complete
seta of the final plane and specifications for any and all
proposed improvements, the erection or alteration of which is
desired.. No structures or improvements of any kind shall be
erected, altered, placed or maintained upon any lot unless and
until the final plans, elevations, and specifications thereof have
received written approval as herein provided. Such plans shall
Include plot plane showing the location on the lot of the
building, well, fence or other structure proposed.to be
constructed, altered, placed or maintained, together with the
proposed construction material, color schemes for roofs and
landscape planting. The Declarant shall reserve the right to
require a filing fee of no more than $50 to accompany the
submission of such plans.
-2-
RECEIVED
nul- � 4 202I
'AHI) CITY

Page 3 0119
8" 1160PAGE 70
C. The Declarant shall approve or disapprove plans,
specifications and details within thirty (30) days from the
receipt thereof. One (1) set of said plane and specifications and
details with the approval or disapproval endorsed thereon shall be .
returned to the person submitting them and the other copy thereof
shall be retained by the Declarant for its permanent files.
D. The Declarant shall have the right to disapprove any
plane, specifications or details submitted to it in the event the
same are not in accordance with any of the provisions of these
Restrictionel if the design or color scheme of the proposed
building or other structure is not in harmony with the general '
surroundings of such 'lot or with the adjacent buildings or
structureet if the plans and specifications submitted are
incompletei or in the event the Declarant deems the plans,
specifications or details, or any part thereof, to be contrary to
the interests, welfare or rights of all or any part of the real
property subject hereto, or the owners thereof. The decisions of
the Declarant shall be final and not subject to appeal or review.
E. Neither the Declarant nor any agent thereof shall he
responsible in any way for any defects in any plans or
specifications submitted, revised or .approved in accordance with
the foregoing provisions, nor for any structural or other defects
in any work done according to such plans and specifications.
P. The Declarant or its agents shall have the right to -
inspect all construction to ensure that the structure is in
accordance with the approved plans, specifications and details. If
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
-3-

820K 11li�PAGE 756 d
I
the finished building or other structure does not comply with the
submitted plans and specifications, the Declarant retains the
right to make the necessary changes at owner's expense, and the
further right to file under the North Carolina lien laws notice of
liens for any costs incurred. Any lien obtained will be
subordinate to any first deed of trust on the property. No
structure or improvement shall be made unless it substantially
conforms with the approved plans, specifications and details.
G. Declarant, at its option, may appoint an Architectural
Control Committee to oversee property control functions as
outlined herein and the Committee will have the same power and
authority as the Declarant.
N. In the event the Declarant appoints an Architectural
Control Committee, the Committee shall be composed of three
members, and shall have the same duties and responsibilities as
set forth for the Declarant under this Item I. PROPERTY CONTROL.
2. USE, SIZE AND PLACEMENT OF RESIDENCES AND STRUCTURES
A. bwellino - Only single-family residential structures will
be erected or placed on any lot in the property herein described.
No building or structure intended for or adapted to business
purposes, charitable or religious organizations and no apartment
house, double house, lodging house, rooming house, hospital,
sanitarium, or doctor's office or other multiple -family dwelling
shall be erected, placed, permitted or maintained upon such
promisee or any part thereof. No improvement or structure of any
-d-
RECEIVED
AUG A 4 M11
DCM-AMD CITY
M
Seq:4

Page 5 o112
BOON 1169PAGE 77
kind, other than an approved private dwelling house, patio walls,
swimming pool, and customary outbuildings, garage, carport, or
servant quarters may be erected, placed or maintained on any lot.
Any garage carport, servant's quarters, or other outbuildings
shall be of the same design as the dwelling house.
B. Size - For Lots 16 through 49, 61 through 94, 116 through
126, single -story homes shall contain no less than 1,650 square
feet and two-story homes shall contain no lees than 900 square
feet on the ground floor and a two -floor total of no less than
1,800 square feet.
For Lots 1 through 15, 50 through 60, 95 through 115, 129,
130, single -story homes shall contain no less than 1,800 square
feet and two-story homes shall contain no less than 1,000 square
feet on the ground floor and a two -floor total of no lose than
2,000 square feet.
For Lots 131 through 147, single -story homes shall contain no
less than 2,000 square feet and two-story homes shall contain no
less than 1,200 square feet on the ground floor and a two -floor
total of no lees than 2,400 square feet.
C. The Declarant, its successors or assigns, shall have the
authority to establish regulations pertaining to the height and
size requirements of all other types of structures, including but
not limited to fences, walls, copings and mailboxes. Such
regulations shall, in the Declarant's sole discretion, conform
with the general development scheme.
D. Setbacks - No building on any lot shall be located nearer
to any property line than the minimum building lines as set.forth
on the recorded map, recorded in Plat Cabinet B, Slides 30 through
-5-
RECEIVED
AUG 0 4 2021
DCM-MHD CITY

i
BOOK I PAGE 158
I. la, and 15 feet from sidelines..Nowever, the distance from rear i
line may have to vary with the approval of Declarant. In locating
i buildings and outbuildings with regard to the topography of each
Individual lot, and taking into consideration the location of
( large trees, lot elevations and similar considerations, Declarant
reserves unto itself, its successors and assigns, the right to �I
control absolutely and solely to decide the precise site and [
location of any house or dwelling or otherstructure upon all
1Iproperties; provided, however, that such location shell be
I' determined only after reasonable opportunity is afforded the owner
i to recommend a specific site. Exact location of the dwelling and
outbuildings shall be shown on the site plan for each lot and
japproved by the Declarant.
E. Fences - In order to preserve the natural quality and
aesthetic appearance of the existing geographic areas within Nauss
1'
Harbour, all property lines shall be kept free and open from the
rear of the house to the street. In general, approved fences must
be made of wood, not exceeding six (6) feet in height and be
attached to and located no closer to the front street than the
rear ofthedwelling.
F. No above-grOund structure (except approved fences or
walls) may be constructed or placed on any lot in the subdivision
except within the building lines stated in Section 2.D of these
i
covenants.
1. GENERAL PROHIBITIONS AND REQUIREMENTS
A. Plumbing - All plumbing fixtures, dishwashers, toilets or •,
sewage disposal systems shall be connected to a sewage System
— 1
RECEIVED
AUG.0 4 2021
DCM-MHD CITY

page I of 19
Blux t U9PAGE 7;j;)
approved by the appropriate governmental authority or the
Declarant. No outside toilet shall be constructed or permitted on
any lot except during construction of the main residence.
B. Temporary Structures - No temporary residence, mobile
home, trailer, camper or other building shall be placed on or
erected on any lotj provided, however, that the Declarant may
grant.permission for any such temporary structure for storage of
materials during construction. Any such temporary structures as
may be approved shall not be used at any time as a dwelling
place or temporary residence. .
C. Construction Schedule - Once construction is started on any lot, the improvements must be substantially completed in
accordance with plena and specifications, as approved, within six
16) months from commencement, with extensions, as approved by the
Declarant.
D. Occupancy - No residence shall be occupied either
temporarily or permanently until completed in accordance with
plans and specifications.
E. Animals and Pete - No animals, birds or fowl shall be kept
or maintained on any part of any lot except not to exceed four
adult doge and two cafe, which may be kept thereon for the
pleasure and use of the owners of any lot, but not for any
commercial use or purpose. All .pate must remain in the confines of
the owner's property. _
P. Trucks, Vans, Trailers, School Buses. Etc. - No trucks or.
buses of any nature other than pick-up trucks, small vans or
-,7-

Page 9 of 19
B0OK I I.69PAGE 760
trailers shall be parked overnight on any lot except in an
enclosed garage. A pleasure boat on its trailer and recreational
vehicles may be parked or stored on that part of any lot away from
the street lying beyond the front building line.
G. Junk Care - No stripped, partially wrecked or junk motor
vehicle, or part thereof, shall be permitted to be parked or kept
on any street or lot.
H. Lot Access - No motor vehicle, cart or the like shall.
enter any lot except from the street or streets adjacent to said
lot.
I. Trash Containers and Fuel Tanks - Every storage tank,
including but not limited to fuel storage tanks, and every outdoor
receptacle for ashes, trash, rubbish or garbage shall be installed
underground, screened or placed and kept as not to be visible from
any street except as permitted. by the Declarant.
J. Clotheslines - All outdoor poles, clothes and clotheslines
and similar equipment shall be so placed or screened by shrubbery
as not to be visible from any street.
K. Model Home - No structure erected upon any lot may be used
as a model exhibit or house unless prior written permission to do
so has been obtained from the Declarant.
L. Maintenance - All lots, whether occupied or unoccupied,
shall be well maintained and no unattractive growth or
accumulation of rubbish or debris shall be permitted.
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Page: 753 Seq: 8

Page 9 Of 19
saoxl.IGJPAGE 7G1.
M. Neighborhood Nuisance - No noxious, offensive or illegal
activities shall be allowed on any lot nor shall anything be done
on any lot that shall be or become an unreasonable annoyance or ,
nuisance to the neighborhood.
N. flew Materials - All structures constructed or placed- on
any lot shall be built of substantially new material and no used
structures shall be relocated or placed on any such lot.
o. Antenna and Satellite Dishes - only one antenna mast will
be permitted not to exceed fifteen (15) feet above the highest
ridge of the house to which it is attached. All such antennae must
be attached to the house. Satellite dishes must be behind house if
used and so placed or screened by shrubbery as not to be visible
from any street.
P. Dwellinas Destroyed - Any dwelling or outbuilding on any
lot which is destroyed in whole or in part in fire, windstorm or
for any other cause or act of God, must be rebuilt or all debris
removed and the lot restored to a.sightly condition with
reasonable promptness, provided, however, that in no event shall
such debris remain :Longer than ninety (90) days.
D. Trash Dumginas, Burning, Etc., - No outside burning shall
be permitted except for leaves. '
R. Signs - All signs such as builder's signs, realty signet
etc., shall be approved by the Declarant. These signs should be
placed in the center of the lot six (6) feet behind the curb. .
Under no circumstances may signs be nailed to trees. Such signs
may be used only on a temporary basis.
Book: 1169 Page:753 Sea:9

Page 10 w 19
B.OR116i�PGGE 7vZ
S. Garages - All homes are required to have an enclosed
garage, attached or detached.
T. Driveways - All homes are required to have concrete
driveways. This requirement will provide for a consistent curb
appeal throughout the development.
U. Parking - Each lot owner shall provide space for parking
at least two automobiles off the street.
V. Resubdivision of Lots - Resubdivision shall be permitted
only for the purpose of adding on to existing lots and shall not
be permitted in the event that any such add -on would leave a
residue. More specifically, any individual lot owner wishing to
enlarge his lot by purchasing an adjoining lot will have to
purchase the entire adjoining lot or split it with the land owner
joining on the other aide of said adjoining lot.
W. Lot Clearing - It is the intention of the Declarant that
as many trees as practical, considering the Intended use of the
property, remain on the lots.
No loving tree having a diameter of six (6) inches at a i height twelve (12) inches above the ground may be cut on any lot
subject to these restrictions without the prior written consent of
the Declarant, except such trees as may be growing in the area
upon which the residence is to be built or within twenty (20) feet
of that area.
X. Mailboxes - No mailbox or paperbox or other receptacle of
any kind for the use in the delivery of mail or newspapers shall
be erected on any lot.
1
-10- i
iI{
A
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1
MWAAM3'OXY
1169 Page:753 Seq:10

Page 11 o119—
C. EASEMENTS s`QK % I G:J FAGE 71,111
A. Declarant reserves for itself,. its successors and assigns,
for purposes 1t deems incident to its development of the real '•
property subject to these restrictions, in addition to those shown
on the recorded plat (except as set forth in subparagraph D
below), the following easements and/or rights of ways
1. The Declarant reserves a perpetual easement in, on, over
and under all streets, lanes, drainage and utility easements as
shown on the subdivision plate on the individual sections to be
developed by it and in, on, over and under a strip of land ten
(10) feet in width (unless otherwise indicated on the plat) along
the side and rear and fifteen (18)'feet along all front yard
property lines of each lot and area, with the -full right of entry
by it or its licensees for the purpose of establishing,
constructing and maintaining any underground utility, conduits, ...
and wires for telephone, electric power and other purposes, to
lay, install and maintain facilities for sewage, potable and
non —potable water, gee, storm drainage and other utilities
therein. This reservation shall not be construed as an obligation
of Declarant to provide and maintain any such activity or
service.
2. Declarant also reserves the right to trim, cut and remove
any trees and brush for the installation, operation and
maintenance of utility lines, gas, water and sewer mains and other
services for the convenience of the property owners and
appurtenances thereto. ,

89pR L S 699E 76�5
S. Declarant reserves for Itself, its successors and assigns,
an exclusive easement for the installation and maintenance of
radio and television transmission cables within the rights -of -way
and easement areas reserved and defined above.
C. on each lot, the rights -of -way and easement areas reserved
by Declarant or dedicated to public utilities purposes shall be 1
maintained continuously by the lot owner but no structure,
plantings or other material shall be placed or permitted to f•
remain, or otheractivities undertaken which may damage or
interfere with the installation or maintenance of utilities; which
may change the direction of flow of drainage channels in the
easement; which may 'obstruct or retard the flow of water through
drainage channels in the easements; or which damage or interfere
with established elope ratios or create erosion problems;
provided, however, that where the existing location of an easement
or drainage channel reserved in these restrictions or shown on the 1
-recorded map would hinder the orderly development of the lot on
which the easement is located, the easement or drainage channel
may be relocated by Declarant. Improvements within such areas
shall also be maintained by the respective lot owner except for
those which a public authority or utility Declarant is
responsible.
D. Declarant does hereby modify and amend the drainage
easement across Lots 135, 136, and 137 as shown on the map
recorded in plat Cabinet D, Slide 34, Craven County Registry, to
RECEIVED
AUG 0 4 2021
DC
M-MHD CITY

Page 13 o119
811OX I1 i PAGE 7G5
relocate said easement along the property sideline as shown on the
attached -map, which map is incorporated herein by reference.
E. Any person, firm or corporation acquiring title to two or -
more continuous lots shall be allowed to erect a residence or (�
other allowable structure across the interior lot lines. The
easements reserved herein and those shown on the recorded map that. :
would be relative to such interior lot lines shall be withdrawn P
and not constitute an encumbrance on such lot.
Any relocation or withdrawal shall be first approved by the .r
Declarant and a recorded plat showing the easement as originally
located and as withdrawn or relocated.shall be recorded in the
Office of the Register of Deeds of Craven County at the expense of
the lot owner requesting such relocation or withdrawal.
S. COMPANY'S RIGHT TO PERFORM CERTAIN MAINTENANCE
In the event an owner of any lot shall fall to maintain the
promisee and/or the improvements situated thereon in a manner in ;
keeping with other property in the neighborhood or community, the ,
Declarant,shall have the right, through its agents and employees, '
to enter upon said lot and clear, clean, repair, maintain and
restore the lot and the exterior of any building and any other
improvements erected thereon. The coat of such maintenance shall
be considered a legal obligation of the lot owner for which the
Declarant may maintain an action in a court having jurisdiction,.
but shall not constitute a lien on said lot unless and until a
final judgment of such court shall be entered in the Office of the
i
I
. -13-
AUG 0 4 2021
DCM=MHD CITY
i r

620Ni1.69PME 760
Clerk of Court of Craven County. Any lien obtained will be
subordinate to any first deed of trust.
6. REMEDIES
A. The Doclarant, or any property owner, or any party to
whose benefit these restrictions Enure may proceed at law and in
equity to prevent the occurrence, continuation or violation of any
of these restrictions and the court in any such action may award
the successful party reasonable expense in prosecuting such
action, including attorney's fees.
B. The remedies hereby specified are cumulative, and this
specification of them shall not be taken to preclude an aggrieved
party's resort to any other remedy at law, in equity, or under any
statute. No delay or failure on the part of the Declarant or an
aggrieved party to Invoke an available remedy in respect of a -
violation -of any of these restrictions shall be held to be a
waiver by that party of (or an estoppel of that party to assert)
any right available to him upon the reoccurrence or continuation
of said violation or the occurrence of a different violation.
7. GRANTEE'S ACCEPTANCE
A. The grantee of any lot subject to the coverage of the
Declarant by acceptance of a deed conveying title thereto, or the
execution of a contract of the purchase thereof, whether from
Declarant or a subsequent owner of such lot, shall accept such
deed or contract upon and subject to each and all of these
restrictions and the agreements herein contained, and also the
jurisdiction,. rights and power of Declarant, and by such
-la-
RECEIVED
AUG .0 4 202-1
DCm-MHD CITY

page 15 of is
69D81:%C�NdGE 7v./
acceptance shall for himself, his heirs, personal representatives,
successors and assigns, covenant, consent and agree to and with
Declarant, and to and with the grantees and subsequent owners of
each of the lots within the subdivision to keep,observe, comply
•i
with and perform said restrictions and agreements.
,
S. Each such grantee also agrees; by such acceptance, to
assume, as against Declarant, its successors and assigns, all.the '
risks and hazards of ownership or occupancy attendant to such lot,
including but not limited to its proximity to any recreational
facility, water way or street. i
C. Each such grantee whose lot is adjacent to available
underground electrical service, if any, also agrees to complete.
the underground secondary electrical service to his residence. r
8. SEVERABILITY
Every one of the restrictions is hereby declared to be
independent of, and severable from, the .rest of the restrictions a.
and of and from every other one. of the restrictions and from every
combination of the restrictions. Therefore, if any of the
restrictions shall be held to be invalid or to be unenforceable or
to lack the quality of running with the land, that holding shall'
be without effect upon the validity, enforceability or 'running'
quality of, any other one of the restrictions.
9. VARIANCES -
The Declarant may allow reasonable variances and adjustments
of these restrictions in order to overcome practical difficulties
and prevent unnecessary hardships in the application of the
RE.CEIVEi3
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DCM-MHD CITY
„

Page 16 o119.
GOOK 1169PAGE 768
provisions contained hereinl provided, howeverr that such is done
in conformity with the intent and purpose of the general
development scheme and provided also that in every instance such
variance or adjustment will not be materially detrimental or
injurious to other property or improvements in the neighborhood or
.the subdivision. Any such variance shall beapproved by the
Declarant in writing and delivered to the lot owner.
10. STREET LIGHTS
The Declarant reserves the right to subject the lots within
the Subdivision to a contract with Carolina Power s Light Company,
or other utility company providing street lighting within the
Subdivision, for the installation of underground electric cables,
utility .poles and street lights. Such contract may require an
initial contribution for the installation of street lighting, and
may also require a continuing monthly payment to Carolina Power 6
Light Company, or other utility, by the owner of each lot.
11. CAPTIONS
The captions preceding the various paragraphs and
subparagraphs of the restrictions are for convenience of reference
only; and none of them shall be used as an aid to the construction
I
of any provision of the restrictions. Wherever and whenever
applicable, the singular form of any word shall be taken to mean
or apply to the plural, and the masculine form shall be taken to
mean or apply to the feminine or the neuter.
-16-
RECEIVED
AUG 0 4 2021
DCM-MHD CITY.
Book: 1169 Page: 753 Seq: 16

Page V o119
610K 1169PASE 716,4
11. DURATION OF COVENANTS
All of the.covenants, conditions and restrictions herein,
contained shall continue and remain in full force and effect at
all times against the owner of any lot in such subdivision,
regardless of how such owner acquired title, until the
commencement of the calendar year 2013, on which date all of such
covenants, conditions and restrictions shall terminate and end and
thereafter be of no further legal or equitable effect on such
premise or any owner thereofi provided, however, that these
covenants, conditions and restrictions shall be automatically
extended for a period of ten (10) years and thereafter in
successive ten-year periods of the base period, until the owners .
of a majority of .lots in the.subdivision shall, by written -
instrument duly recorded, declare a termination of the same. Each
and every of the covenants, conditions and restrictions and
servitudes contained herein shall be considered to be an
independent and separate covenant and agreement, and in the event
of any one or more of such covenants, conditions and restrictions -.
and servitudes shall for any reason be held to be invalid or
unenforceable, all remaining covenants, conditions and
restrictions, and servitudes shall nevertheless remain in full
force and Affect.
IN TESTIMONY WHEREOP, Declarant has caused these presents to
be signed in Its name by its President, attested by its
Secretary, with its corporate seal hereunto affixed, all by
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AUG 0 4 2021
DCM-MHD CITY'
: 1169 Page: 753 'Seq: 17

Page 18
620N 116 �) PAGE '� i 11
authority of its Board of Directors duly given, this the day and
year first above written.
NEUSE HARBOUR, INC.
n ...y �.
' • Cn'• By 1C�
i • President
STATE OF NORTH CAROLINA V
CRAVEN COUNTY
This is to certify that before me personally came LNAUES M.
President, with whom I am personally
acgua nted, w o, being by me duly sworn, says that Y. A1.F
,,,d_, is the Secretary of Neu se Harbour,
M, Che corporation descr ed and which executed the foregoing
instrument, that he knows that common seal of said corporation,
that the seal affixed to the foregoing instrument is said common
seal, and the name of the corporation was subscribed thereto Sereto ecretary
the said President, and that said President and
subscribed their names thereto, and said common s�eaT—was affixed,
all by order of the Board of Directors of said corporation, end
that the .aid instrument is the act and deed of said corporation.
Witness my hand and official seal this J2% day of .•
1967.
My Commission Expires,
y�EDENED
AN 0 4 2021
DCM-MHD CITY
I
"— Book:-1.16T page: 753�Seq: 18

Peps 19 Of 19
P
BOOK 11Ii�PCGE 771
THIS MAP IS FOR THE PURPOSE OF REVISION OF
DRAINAGE EASEMENTS ON LOTS 135. 136 6 137.
FG
SF
134 \ d
f35\�9 1
,x 10•652 11 1
°o > 11l.aD 136 /iL \'f!•
a 42.oe6.f '•137 ..
0194kf \ 138 \ \
C4N�ING moo.
P
So' 1p2b \
MK YC 11 MDIY9 l ix [YI MP
C •D.1 u' TS.DO 6,0, 4�00,0 [
G O 1! • f A.O B O •D' 1
N E U S E H A R B O U R
P H A S E O N E
Revision of LOTS 135 thru 137
66 6 07 TOWNSHIPS CRAVEN COUNTY NORTH CAROLINA -
R08ERT H. DAVIS, RLS
'KjSURVEYORS AND PLANNERS
603 FIELDS ROAD
NEW BERN. NORTH CAROLINA 28560
919-536-2109
86241 02 09-30-87
RECEIVED ..
AUG 0 4 2021
DCMA-MAHD CITY

DEED OF TRUST
PREPARED BY
LAFAYETTE FEDERAL CREDIT UNION
3535 UNIVERSITY BLVD., WEST
KENSINGTON MD 20895
RECORD AND RETURN TO:
LAFAYETTE FEDERAL CREDIT UNION
3535 UNIVERSITY BLVD., WEST
KENSINGTON MD 20895
ATTN: SERVICING DEPARTMENT
DEFINITIONS
RECEIVED
AUG 0 4 321
)CM-MFiD CITY
LOAN ID 8 133498
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13,
18, 20 and 21. Certain mles regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated NOVEMBER 2ND, 2016 , together with all
Riders to this document.
(B) "Borrower" is ERIC ROBERT LOKEN AND WIFE KATHLEEN SUSANNE LOKEN
Borrower is the tmstor under this Security Instrument.
(C) "Lender" Is LAFAYRTTE FEDERAL CREDIT UNION organized end CX18lln
. Lender is CORPORATION Or B B
under the laws of THE STATE OF MARYLAND lender's address is 3535
UNIVERSITY BLVD., WEST SERVICING DEPARTMENT, KENSINGTON NO 20895 Lenderis
the beneficiary under this Security Instrument.
(D) "Trustee" is PETER MOELLER, ATTORNEY AT LAW
(E) "Note" means the promissory note signed by Borrower arid dated NOVEMBER 2ND, 2016 The Note
states that Borrower awes Lender ONE HUNDRED SEVENTY FIVE THOUSAND AND NO/100- - - - - - - -
- - - - - - - - - - - Dollars (U.S. S 175, 000. 00 ) plus interest. Borrower has promised to pay
this debt in regular Periodic Payments and to pay the debt in full not later than FEBRUARY 1ST, 2032
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the
Note, and all sums due under this Security Instrument, plus interest.
(N) "Riders" means all Riders to this Security Instmment that are executed by Borrower. The following Riders are to be
executed by Borrower [check box as applicable]:
❑ Adjustable Rate Rider ❑ Condominium Rider
❑ Balloon Rider ❑ Planned Unit Development Rider
❑ 1.4 Family Rider ❑ Biweekly Payment Rider
NORTH CAROLINA--31a01e Family—Fan"le Mae/Freddie Mae UNIFORM INSTRUMENT
NCICMI .01092016
❑ Second Home Rider
❑ VA Rider
❑ Other(s) (specify)
Initials:
Form 3034 IMI (pre I 0/10101ts)

LOAN ID # 133498 �.
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative mles and orders (that have the effect of law) as well as all applicable final, non -appealable judicial
opinions.
Q) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that
are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or
similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic
tape an as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is
not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire
transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds' means any compensation, settlement, award of damages, or proceeds paid by any third
party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction
of, the Property; (ii) condemnation or other taking of all or any part of the Property; (III) conveyance in lieu of
condemnation; or IN) misrepresentations of, or omissions as to, the value and/or condition of the Property.
IN) "Mortgage Insuraaee" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii)
any amounts under Section 3 of this Security instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ¢ 2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA"
refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the
Loan does not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors
and assigns, in trust, with power of sale, the following described property located in the
COUNTY of CRAVEN
ITT, of Recording Jurisdiction) (Name of Recording lurisdictionl
BEING ALL OF LOT 143 AS SAME IS SHOWN AND DELINEATED ON A MAP OF NEVER
BARBOUR PHASE ONE, SAID MAP BEING RECORDED IN PLAT CABINET E, SLIDES 30
THROUGH 34 IN THE OFFICE OF THE REGISTER OF DEEDS OF CRAVEN COUNTY,
REFERENCE TO SAID MAP BEING HEREBY MADE FOR A MORE PERFECT DESCRIPTION
OF SAID PROPERTY.
RECEIVED
AUG 04 2G_1
ParcellDNumber: 720620-143 DCM-MHD CITY
which currently has the address of 230 DRAKE LANDING, NEW BERN
ISteeed ICtlyl
North Carolina 28560 ("Property Address"):
(zip Code)
TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with
all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of
the foregoing is referred to in this Security Instrument as the "Property."
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants
and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and lender covenant and agree as follows:
L Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay
when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges
Initials:
NORTH CAROLINA—alaale Forony—Fannle Mae/Freddie Mae UNIFORM INSTRUMENT Perm Jm4 1101 (D"Be 1 of )0 D"8er1
NCICMa . 01092016
ik

LOAN ID a 133498
due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the
Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received
by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that
any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following
forms, as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has
breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower
hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold
such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a
reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such
funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due
under the Note and this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted
and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal
due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts
due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount
to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. if more than one
Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the
Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after
the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late
charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall
not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender
under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the
payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the tern of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be
an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section.
Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for
any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and
where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may
require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a
covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section
9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due
for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay in
Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at
the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender
shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future
Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity
(including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender
shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge
Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items,
unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless
an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be
required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however,
that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the
Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the
excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, RECEIVED
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds
held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Initials: AUG U 4 2021
NORTH CAROLINA Single Family -.Fannie Macticeddie Mac UNIFORM INSTRUMENT Farm 3034 1101 (pagn 3 a/10 page1U'�
NCICM3 01092016 : ';'l,P,,,1,,,,,,,a.aCM-MHD CITY

LOAN ID 11 133498
Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly
payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any
Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Properly which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if
any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a)
agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long
as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the
lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of
the Properly is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a
notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or
take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used
by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but
not limited to, earthquakes and floods, for which Lender requires insurance. This insurance Shall be maintained in the
amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the
preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be
chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised
unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for
flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from
an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of
coverage. Therefore, such coverage shall cover lender, but might or might not protect Borrower, Borrower's equity in --�
the Properly, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form
of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy
shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof
of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair
and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to
inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall
be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on
such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the
insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible
or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied
in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim, then Lender my negotiate and settle the claim. The 30-day period will begin when the notice is given. In
either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a)
Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid
by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of
the Properly. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid RECEIVED
under the Note or this Security Instrument, whether or not then due.
Initials: AUG p 4 2021
NQAaO¢INA-Single mil Fay--Peeoie MaINSTRUMENT Mae UNIFORM INSTRUMENT Porm wsa list tFadeaoJla/qxq
NCICMCICMa .01092616
DCM-MHD CITY

LOAN IO g 133498
6. occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60
days after the execution of this Security Instrument and shall continue to Occupy the Property as Borrower's principal
residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall
not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage
or impair the Property, allow the Property to deteriorate or commit waste on the Properly. whether or not Borrower is
residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or
decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not
economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage.
If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as
the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of
or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower
or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material
information) in connection with the Loan. Material representations include, but are not limited to, representations
concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument. if (a) Borrower
fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that
might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a
proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority
over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under
this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing
the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has
priority over this Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' fees to protect its
interest in the Properly arid/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing One Property includes, but is not limited to, entering the Property to make repairs, change locks,
replace or board up doors and windows, drain water from pipes, eliminate building or other code violations Or dangerous
conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not
have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking
any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in
writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower
shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage
Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such
insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage
Insurance, Borrower stool] pay the premiums required to obtain coverage substantially equivalent to the Mortgage
Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance
previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage
Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these
payments as a non-refundable Joss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance. Such loss
reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law. Lender can
no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender
requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately
designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a
condition of making the Loan and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if
permitted under Applicable Law, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage
Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination
or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Nate.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if
Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
Initials:
NORTH CAROLINA--sivole Family—Paavie Mae/Ire00h M¢ UNIFORM INSTRUMENT
Form 3034 IRI tpOrt 3 Of 10 parts)
NCICMa - 0109r010
RECEIVED
AUG 0 4 2021
DCM-MHD CIT

LOAN ID g 133498
conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may
have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity,
or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be
characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the
mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender lakes a share of the
insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive
reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,
or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage
Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage
Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to
receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage
Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and
shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if
the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection
shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of
progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest
to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened,
the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due,
with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the
sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless
Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured
immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property
immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the
Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in
writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the
sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender
within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds
either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due.
"Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower
has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or
rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as
provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment,
precludes forfeiture of the Property or other material impairment of Lender's interest in the Properly or rights under this
Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's
interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower. Lender shall lot be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by
Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third
persons, entities or Successors in Interest of Borrower, or in amounts leas than the amount then due, shall Hot be a waiver RECEIVED
of or preclude the exercise of any right or remedy.
Initials:
NORTH CAROLINA—Floale Fdmay- Fannie M.0Fredd1r Mao UNIFORM INSTRUMRNT Form 30141//01 (pere 6of l0paees) AUG 0 4 2021
NCICM6 .01092016
` DCM-MHD CITY

LOAN ID g 133498
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability &ball be joint and several. However, any Borrower who co-signs this Security
Instrument but dcea not execute the Note (a "co-signer'): (a) is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not y
secured by this Security Instmment; and (c) agrees that Lender and any other Borrower can
obligated to pay the sums
agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the
Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations
under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits
under this Security instrument. Borrower shall not be released from Borrower's obligations and liability under this
Security Instmment unless Lender agrees to such release in writing. The covenants and agreements of this Security
Instmment shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Pro and valuatightson underes this
to any tits feats, the
including, but not limited to, attorneys' fees, p IX inspection Pe
absence of express authority in this Security Instmment to charge a specific fee to Borrower shall Hat be nonsuued as a
prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then:
(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b)
any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
making a direct payment to Borrower.
choose to make this refund by reducing the principal owed under the Note or by
t without any prepayment charge
If a refund reduces principal, the reduction will be treated as a partial prepaymen
(whether or not a prepaymentcharge is provided for under the Note). Borrower's acceptance of any such refund made
by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instmment must be in
writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to
Borrower when mailed by first class mail or when actually delivered o Borrower's notice address if sent by other means.
Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise.
The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to
Lender. Borrower shall promptly notify Lender of Borrower's change of address. If lender specifies a procedure for
reporting Borrower's change of address, then Borrower shall only report a change of address through that specified
procedure. There may he only one designated notice address under this Security instrument at any one time. Any notice
to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless
Lender has designated another address by notice to Borrower. Any notice in connection with this Security instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this
Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the
corresponding requirement under this Security Instrument
16. Governing Law; Severability; Rates of Construction. This Security Instrument shall be governed by federal
law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security
Instmment are subject to any requirements and limitations of Applicable Law, Applicable Law might explicitly or
implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be cumtmed as a
prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the
Note conflicts with Applicable Law, such conflict shall Hot affect other provisions of this Security Instrument or the Nate
which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and
(c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the
Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests
transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is
the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Properly or any Interest in the Property is sold or transferred (or if Borrower is tut a natural
person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be
exercised by Lender if such exercise is prohibited by Applicable Law,
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period
of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay
all sums secured by dais Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have
the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days
before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination of Borrower's right torenderall suinstate; or ms which then ) entry of a judgment
beenforcing
this Security Instrument. Those conditions are that Borrower: (a) pays
due under
this Security Instrument and the Now as if no acceleration had occurred; (b) cures any default of any other covenants or
agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable
Initials:
NORTH ROLIN .c IO pa8u1
NORTH CAROLINA-ainaln Femlly-rnnole M�elFreddh Mu UNIFORM INSTRUMENT form 30341101 oage, r of AUG oY 2021
'DECEIVED
DCM-MHD CITY

LOAN ID g 133498
attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Properly and rights under this Security Instrument; and (d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's
obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that
Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is
drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic
Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain
fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of
acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and
this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument,
and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If
there is a change of the Loan Servicer, Borrower will be given written notice of the change which will stale the name and
address of the new Loan Servicer, the address to which payments should he made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with
the Loan Servicer or be transferred to a Successor Loan Servicer and are not assumed by the Now purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant
or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that
the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such
Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section
15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to lake
corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that
time period will be deemed to he reasonable for purposes of this paragraph. The notice of acceleration and opportunity
to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline,
kerosene, other Flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental law" means federal laws and laws of
the jurisdiction where the Property is located that relate in health, safety or environmental protection; (c) "Environmental
Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup,
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the
Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential
uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action
by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or
Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (e) any condition
caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If
Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or
other remediadon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on lender
for an Environmental Cleanup.
NON -UNIFORM COVENANTS. Borrower and lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18
unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to
cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the
default must be cured; and (it) that failure to et" the default on or before the date specified in the notice may
result in acceleration of the sums secured by this Security Instrument and sale of the Properly. The notice shall
further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure
proceeding The non-existence of a default or any other defense of Borrower to acceleration and sale. If the default
is not cured on or before the dale specified in the notice, Lender at Its option may require immediate payment in
full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and
any other remedies permitted by Applicable Law. Lender shall he entitled to collect all expenses incurred In
pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and RECEIVED costs of title evidence. RE
Initials:
NORTH CAROLINA-Sioale Family.-Faaale Mae/Freddie Mac UNIFORM INSTRUMENT Form 3034 IN] OeaSe a of 10pores) AUG 0 4 2021
NC ICMF - 01092016
DCM-MHD CITY

LOAN ID It 133498
If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable
Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such
notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable
rower, shell sell the Properly al
Law and after publication of the notice of sale, Trustee, without demand on Bor
public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in
one or more parcels and in any order Trustee determines. Leader or Its designee may purchase the Property at
any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or
warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the
statements made therein. Trustee shall apply the proceeds of the
sale inthe
following
mice; (a) to all expenses of
the sale, including, but not limited to, Trustee's fees of A P
secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The interest
rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the
Note.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this
Security instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this
Security Instrument shall be surrendered to TmMee. Borrower shall pay any recordation coats. Lender may charge
Borrower a fee for releasing this Security Instrument, but truly if the fee is paid to a third party for services rendered and
the charging of the fee is permitted under Applicable Law.
24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any
Trustee appointed hereunder by an Instrument recorded in the county in which this Security Instrument is recorded.
Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon
Trustee herein and by Applicable Law.
25. Attorneys' Fees. Attorneys' fees must be reasonable.
BY SIGNING UNDER SEAL BELOW. Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
(SEAL)
AAIC ROBAAT LOAEN -BORROWER
(SEAL)
AATRLEEN 808ANNE LOEEN -BORROWER
NORTH CAROLINA--Sivale Family- FaMot Mee/Freddie Mae UNIFORM INSTRUMENT
NCICMO - 010201e
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
Form3034 trot (OdIt9af IVIdfe1)

LOAN ID E 133498
State of NC
County of CRAVEN
1, THE UNDERSIGNED , do hereby
Certify that ERIC ROEERT LOREN AND KATHLEEN SUSANNE LOKEN
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official seal this the day of
My Commission Expires:
(Seal)
Notary Public
(Sian A Print Name)
Title:
Loan originator Organization: LAFAYETTE FEDERAL CREDIT UNION
NMLSR ID: 464425
Loan originator: JERMAINE MEDLEY
NMLSRID: 740025
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
Initials:
NORTH CAROLINA—Single Family. -Fannie MaelFreddle Mao UNIFORM INSTRUMENT Form 3034 1101 fpaae 10 of 10 poets)
NCICMA 91092416
i �n;{

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Eric Loken
LOCATION OF PROJECT SITE: The project is located adjacent to the Neuse River at
230 Drake Landing near New Bern, Craven County.
Latitude:34°59'43.43"N Longitude: 76158'3.85"W
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE: Dates) of Site Visit — several by DCM staff
Was Applicant or Agent Present—Yes/No
Photos Taken — Yes
PROCESSING PROCEDURE: Application Received — cc: 8/4/21
Office — MHC
SITE DESCRIPTION:
(A) Local Land Use Plan — Craven County
Land Classification from LUP —Rural with Services
(B) AEC(s) Involved: ES
(C) Water Dependent: No
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — septic
Planned -none
(F) Type of Development: Existing — residential dwelling, bulkhead, & dock
Planned - bulkhead wing wall extension
(G) Estimated Annual Rate of Erosion: N/A
Source — N/A
HAB1TAT DESCRlY Fl0N: , DREDGED FJLLED INCORP/SHADED
(A) Coastal Shoreline 500 ft2
(E) Total Area Disturbed: 500 ft
(F) Primary Nursery Area: No
(G) Water Classification: SA; NSW Open: Yes
(H) Cultural Resources: None
Project Summary: The applicant wishes to extend the existing bulkhead's west side
upland wing wall adjacent to the Neuse River for private use near New Bern, Craven
County.

Field Investigation Report:
Loken
Page 2
Narrative Descrintion:
This proposal is considered minor development under the Coastal Resources Commission's current
rules and the CAMA. However, this proposal is being processed via CAMA Major Permit
application because of a settlement agreement from the Office ofAdministrative Hearings executed
on May 24, 2021.
The property is located adjacent to the Neuse River at 230 Drake Landing near New Bern, Craven
County. This lot is currently developed with a residential dwelling, bulkhead, and dock. The
adjacent riparian properties are similarly developed within the Neuse Harbor subdivision.
The elevation of the adjacent high ground of the parcel at the location of the proposed wing wall is
approximately 24' above the normal water level (NWL). Vegetation on the parcel mainly consists
of lawn grasses and shrubs. The parcel has 100' of continuous shoreline along the Neuse River.
Immediate offshore water depths adjacent to the parcel range from —0.5' to —4' NWL. The
subaqueous substrate is firm without shell.
This proposal is not located near a Federal Channel. There is not a cultural resource in the project
area. This waterbody is approximately 3.35 miles across at this location. These estuarine waters
are not classified as a Primary Nursery Area. Submerged aquatic vegetation was not observed at
this location. This area is open to shellfish harvest and is classified as SA; Nutrient Sensitive
Waters. This parcel is within the Neuse River basin. There are no coastal wetlands in the area of
the proposed project.
Proposed Development:
The applicant is proposing to extend an existing west end wing wall that is contiguous to the
existing vinyl bulkhead on their property within the high ground area that is approximately 40'
landward of the Neuse River normal water level. The proposed development would take place in
the Neuse Harbor subdivision at 230 Drake Landing, Craven County. This proposal is for private
use in a residential setting.
The applicant is proposing to construct a wing wall extension to the existing vinyl bulkhead wing
wall according to the terms, agreement, and conditions of the OAH Settlement Agreement
executed May 24, 2021. The proposed extension and associated backfill would impact
approximately 500 square feet of high ground. The proposed wall would terminate 5' from the
neighbor's fence post pursuant to the settlement agreement.
Anticipated Impacts:
This proposal would be entirely on the high ground of the applicant's property, beginning 40 feet
landward of the NWL shoreline of the Neuse River which is at the landward terminus of the
existing west end wing wall. The proposed wall extension would include a tie -back work
corridor parallel to the proposed wall. The tie -back corridor and restoration of the area impacted
by storm erosion would require earthen backfill of 500 square feet of high ground. Traditional
bulkhead construction methodology would be utilized during the construction of this project.
Brad Connell August 6, 2021 Morehead City

Contact Name *
Contact Email Address*
Project Owner*
Project Name *
Project County*
Owner Address:*
Is this a transportation project?*
Derrick (pock
[e-mail]
Eric Loken
Wing -wall extension
Craven
Street Address
230 Drake Landing
Address One 2
CKY
New Bern
Rntal i Zip Code
28560
r Yes c No
Types) of approval sought from the DWR:
A 401 Water Quality Certification- r 401 Water Quality Certification -
Regular Express
r- Individual Permit r Modification
f— Shoreline Stabilization
Does this project have an existing project IDR?*
r Yes r No
,gate i };evince i Rgj ol,
NC
0"I' lrry
Craven
Do you know the name of the staff member you would like to request a meeting with?
Please give a brief project description below and include location information. *
Extend the existing bulkhead wingwall on the left side of the property.
This private residential single home property suffered significant
erosion from the adjacent neighboring property during hurricane
Florence. This upland structure wing -wall extension is imperative for
immediate repair and to protect against future damage.
'RECEIVED
JUL 0 3 2021
DCM-MHD CITY
By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statements:
This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification
Rule.
1 understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing
meeting request.
I also understand that DWR is not required to respond or grant the meeting request.
Your projecfs thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location

and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired, and you can submit an
application.
Signature*
.. .......,. -- . .
Submittal Date 7/1/2021
IRCEIVFr
JUL 07 2021
DCM-MHD CITY

Yahoo Mail - Pre -Filing Meeting Request Acknowledgement - Wi... https://mail.yahoo.com/d/folders/l/messages/AAI-HKB07TBrY...
Pre -Filing Meeting Request Acknowledgement - Wing -wall extension
From: [e-mail] ([e-mail])
To: [e-mail]
Date: Thursday, July 1, 2021, 10:50 AM EDT
The North Carolina Division of Water Resources has received the Pre -Filing Meeting Request
Form for Wing -wall extension that you submitted on 7/1/2021. Attached is a copy of your
request.
All certification requests (applications) must include documentation that a pre -filing meeting
request was submitted to the certifying authority at least 30 days prior to submitting the
certification request.
The Division can not accept an application for your project earlier than 30 days from this pre -
filing meeting request. Applications that do not meet this 30-day requirement will be returned.
Please save this email/attachment; it must be submitted with your application to document that
this requirement has been met.
This email was automatically generated by Laserfiche workflow. Please do not respond to this
email address, as responses are not monitored.
DWR Pre -Filing Meeting Request Form.pdf
48.6kB
RECEIVED
JUL 0 7 2021
DCM-MHO CITY
1 of 1 7/l/2021, 11:24 AM

■ Complete items 1, 2, and 3. A. Signature
■ Print your name and address on the reverse X O Agent
so that we can return the card to you.
■ Attach this card to the back of the maiipiece, g• �I py Nartn C. Date of Del
or on the front if space permits.�-
1. Article Addressed to: D. I delivery address different kern 11 ❑Yes
f YES, enter delivery address bekAv: ❑ No
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❑ Certified Mall® Delvery
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❑ collect on Delivery ❑ Signature Confirraallon
2. A'- - -- — - - '-�-'-- - nrm —I !,,ery Restricted DeMery Restricted Delivery
7021 0350 0000 3693 4175 Nicted Delivery
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PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
■ Complete items 1, 2, and 3.
■ Print your name and address on the reverse"
so that we can return the card to you. '
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
t .Article Addressed to:
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If YES, enter delivery address below: 1KNo
3. Service Type
❑ Noriry Mail Express®
❑ Adult Signature
❑ Registered Mail-
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❑ RDe&gl � Mall Restricted
❑Certlged Mahe
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2.
7021 0350 0000 3693 4182 icted Delivery
Ps Form 3811, July 2620 PSN 7530-02-000-9053 Domestic Return Receipt
RECEIVED
AUG 0 4 2021
DCM-MHD CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: L R`TC
Mailing Address:
Phone Number:
Email Address:
I certify that I have authorized
N
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
at my property located at _
in Gavc l County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
- 2,1.
Signature
L-R C, R Lo K— (J
Printt or Type Name
a
Title
Date
This certification is valid through /
rl
RECEIVED
AUG 0 4 2021
DCM-MHD CITY

N.C. DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATION/WAIVER FORM
CERTIFIED MAIL • RETURN RECEIPT REQUESTED or HAND DELIVERY
(Top portion to be completed by owner or their agent)
Name of Property Owner: Eric Laken
Address of Property: 230 Drake Landing, New Bern, NC
Mailing Address of Owner: 230 Drake Landing, New Bern, NC 28560
Owner's email: [e-mail] Owner's Phone#: [phone]
Agent's Name: Bobby Cahoon Construction, Inc. Agent Phone#: [phone]
Agent's Email: bobbycahoonconstruction(&yahoo.com
ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION
(Bottom Portion to be completed by the Adjacent Property Owner)
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this
permit has described to me, as shown on the attached drawing, the development they are proposing. A
description or drawing with dimensions, must be provided with this letter.
I DO NOT have objections to this proposal. I DO have objections to this proposal.
Our attorney registered our concerns with counsel for DCM because, as written, this application does
not comply with the terms of the settlement agreement (S.A.) to resolve our challenge to Permit
78967C for this activity. Our Third Party Hearing Request regarding Permit 78967C is on public record.
Per the S.A., the wall may not extend landward closer than 5' from the white fence post.
n you nave oDjecrrons to writ is being proposed, you must nobly the N.C. Division of Coastal
Management (DCM) In writing within 10 days of receipt of this notice. Correspondence should be
mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted
at [phone]. No response is considered the same as no objection ff you have been notified by
Certified Mail.
WAIVER SECTION
I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or
groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me
(this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign
the appropriate blank below.)
I DO wish to waive some/all of the 15' setback
-OR-
Signature of Adjacent Riparian Property Owner
I do not wish to waive the 15' setback requirement (initial the blank) DR
Signature of Adjacent Riparian Property Owner: D.- , K-dctpk
AUG 13 , !
Typed/Printed name of ARPO: Darren and April Randolph
M-MHD CITY
Mailing Address of ARPO: 228 Drake
ARPO's email:
28560
ARPO's Phone#: [phone]
Date: 14 July 2021 *waiver is valid for up to one year from ARPO's Signature*
Revised May 2021

STATE OF NORTH CAROLINA IN THE OFFICE OF
ADMINISTRATIVE HEARINGS
COUNTY OF CRAVEN 20 EHR 02611
DARREN RANDOLPH and )
APRIL RANDOLPH, )
Petitioners, ) SETTLEMENT AGREEMENT
V. )
N.C. DEPARTMENT OF )
ENVIRONMENTAL QUALITY, ) RECEIVED
DIVISION OF COASTAL )
MANAGEMENT, ) AUG 0 4 2021
Respondent. ) DCM-MHD CITY
This Settlement Agreement is entered into on the 24th day of May, 2021
("Agreement') by and between Petitioners Darren and April Randolph, Respondent,
North Carolina Department of Environmental Quality, Division of Coastal Management
("DCM"), and non-party Permittee Eric Loken. Together, Petitioners, DCM and Mr.
Loken constitute the "Parties" to this agreement).
This matter involves a challenge by Petitioners to General Permit No. 78967C (the
"Permit") issued by the Division of Coastal Management ("DCM") pursuant to the Coastal Area
Management Act of 1974 ("CAMA") to Eric Loken ("Permittee") for the development of a thirty-
foot -long bulkhead wing -wall extension to an existing bulkhead and wing -wall structure located
at 23o Drake Landing in Craven County, North Carolina (the "Site").
On July 2, 2020, Petitioners filed their Petition for a Contested Case Hearing and also
filed a Motion to Stay the Permit.
Permittee Mr. Loken has not intervened in the above captioned case. However, Mr.
Loken voluntarily agreed to the entry of an order staying the Permit to preserve the status quo

during the pendency of this contested case hearing. Thereafter, at the Parties' request, the Court
entered an Order Staying General Permit No 98967C on July 29, 2020.
Following a pre -hearing site visit on May 14, 2021 with presiding ALJ Byrne, and at his
urging, the Parties participated in a mediated settlement conference with Administrative Law
Judge Fred Morrison on May 18, 2021 and resolved all outstanding issues. The Parties now enter
this Agreement in good faith to resolve the disputes between them related to DCM's issuance of
the Permit.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises described in this
Agreement, the Parties agree as follows:
1. The Parties agree that they will use their best efforts to effectuate this
Settlement. In order to reach this outcome, the following actions must occur and the
Parties will take the following actions:
2. Judge Morrison will request/has requested the Office of Administrative
Hearings ("OAH") stay the contested case. Counsel for Petitioners and Respondent
agree to file a status update in OAH within 6o days of the effective date of this
Agreement, if the case has not yet been voluntarily dismissed by that date.
3. The parties agree that they will sign this Agreement by Friday, May 28,
2021.
4. The Parties agree that Craven County has received a federal emergency
watershed protection grant ("EWP Grant") (EWP Event No. 37-03-18-5038-ool) for
emergency repairs/stabilization of slope banks for 42 sites adjacent to the Neuse River
in Craven County, North Carolina, including Petitioners' and Mr. Loken's property. The
work under the EWP Grant has not yet begun on Petitioners' and Mr. Loken's RECEIVED
AUG 0 4 2021
DCM-MHD CITY

properties. Both Petitioners and Mr. Loken agree not to interfere with work performed
on their properties pursuant to Craven County's EWP Grant. Within three months of the
effective date of this Agreement, the Petitioners shall place fill to grade and properly
compact the fill on Petitioners' property. Said filling may be done pursuant to the EWP
program, but, in any case shall be completed within three (3) months of the effective
date of this Agreement, time being of the essence given the approaching hurricane
season.
g. Mr. Loken agrees to submit an application for a CAMA Major Permit for a
wing -wall extension consistent with this Agreement at his earliest convenience. As
required by rule, that application will include notice to Petitioners as adjacent riparian
owners. The length of the proposed wing wall extension requested in the application will
be from the end of the existing wing wall (which is located at approximately 22 feet
NAVDI) and extend landward on Mr. Loken's property no further landward than a
distance of five feet from the waterward post of the existing white fence (located on
Petitioners' property). The application for the CAMA Major Permit will also identify that
the proposed work includes replacement of the short -piled section of the existing wing
wall which is approximately the landward six feet of the existing wing wall. This section
of the existing wing -wall and the extension to the wing -wall will both be finished with a
wood cap on top of the vinyl sheets similar to that used on the wing wall at 226 Drake
Landing.
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
This measurement is based on a survey of the Site sealed by Robert H. David, P.L.S., L-
2432 on March 13, 2007 which reflects that the area of the wing wall extension
authorized by the Permit begins at an elevation of approximately twenty-two feet
relative to NAVD 88. Petitioners and Respondent had stipulated to the admission of this
survey as Joint Exhibit 8 in the contested case hearing.

6. Respondent DCM agrees to use its best efforts to expeditiously review,
process, and if compliant with applicable laws and rules and this Agreement, issue Eric
Loken's requested CAMA Major Permit for a wing wall extension as described in item 5,
above. Based on information currently available to DCM, it is not aware of any
applicable laws or rules that would prevent permitting and construction of the wing wall
extension as described in item 5 of this Agreement.
7. The parties agree that it is DCM's position and within DCM's discretion
whether any particular project may be processed as a general permit or be elevated to a
CAMA major permit. In this case, the Parties have agreed as part of this Settlement, that
Mr. Loken's revised project will be processed as a CAMA Major Permit. DCM's
agreement to handle Mr. Loken's revised project in this manner is not binding on any
future proposed development or decisions by DCM.
8. Petitioners agree that as long as the CAMA Major Permit issued is
consistent with the terms of this Agreement, they will not file a written objection, a third
party request for a hearing (under NCGS 113A-121.i(b)), or otherwise seek to challenge
the issuance of Mr. Loken's CAMA Major Permit for a wing wall extension.
9. Petitioners agree that within 7 days of the issuance of a CAMA Major RECEIVED
Permit for a wing wall extension as described in this Agreement, they will file a AUG 0 4 2021
voluntary dismissal with prejudice in OAH. DCM-UND CITY
10. The Parties agree that this Agreement pertains to a disputed claim and is
the result of compromise. As such, it does not constitute and shall not be deemed an
admission, including of liability, by any of the Parties.
11. The Parties agree that this Agreement contains the entire agreement and
understanding between the Parties concerning the subject matter of this Agreement.

Each Party agrees that they have read this entire document and understand the
Agreement. Each Party acknowledges that this Agreement is being signed freely by each
of the Parties without fraud, duress, or undue influence. Each of the terms of this
Agreement are contractual, not a mere recital, and are the result of negotiations among
the Parties.
12. The Parties agree that each had ample opportunity to review the
Agreement and consult with an attorney of their choice during the negotiation and
drafting of this Agreement. The Parties agree that any rule of construction of contracts
resolving any ambiguities against the drafting party shall not apply to this Agreement.
13. This Agreement is made and entered into in the State of North Carolina
and it shall in all respects be interpreted, enforced, and governed under the laws of this
State.
tq. The Parties, without further consideration, shall promptly execute and RECEIVED
deliver such other documents and take such other action as may be necessary to
AUG 0 4 2021
effectively consummate the subject matter of this Agreement. Such documents may DCM-MHD CITY
include an acknowledgement by the Petitioners of the receipt of notice of Mr. Loken's
major permit application as adjacent riparian property owners.
15. The Parties agree that they release, discharge, and promise not to sue each
other, and in the case of DCM and DEQ, its respective decision makers, and employees,
on account of any claim or cause of action in law or in equity related to any CAMA Major
Permit issued pursuant to the terms of this Agreement. This includes any third party
claim for a hearing at the Office of Administrative Hearings.
16. Nothing in this Agreement will prevent either Petitioners or Mr. Loken
from applying for future CAMA permits or opposing future permits. This provision does

not apply to the CAMA Major Permit for a wing wall extension. This Agreement by its
terms allows Mr. Loken to apply for a CAMA Major Permit for a wing wall extension and
Petitioners have agreed not to oppose that application or the proposed work which is the
subject of this Agreement. Likewise, nothing in this Agreement shall be construed to
estop or preclude any other cause of action that may arise between the Parties.
17. All Parties agree that they each shall bear their own fees and costs.
18. This Agreement may be executed in counterparts with the same force and
effect as if executed in one complete document. Electronic or digital signatures are
acceptable.
19. The parties represent that they have the authority to execute this
Agreement.
20. This Agreement may be modified only by a writing signed by all the
Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as
of the date included in the first paragraph of this Agreement, with the intent that it be
executed under seal.
RECEIVED
AUG 0 4 2021
DCM-MHD CITY

Petitioners:
April Randolph
228 Drake Landing
New Bern, North Carolina, 28560
arren fan&lph
228 Drake Landing
New Bern, North Carolina, 2856o
Counsel for Petitioners
Approved as to form and content:
Anne M. Harvey
N.C. State Bar No.: 56502
[e-mail]
F. Bryan Brice, Jr.
N.C. State Bar No.: 17840
[e-mail]
Law Offices of F. Bryan Brice, Jr.
127 W. Hargett Street, Suite 600
Raleigh, NC 27601
[phone] - telephone
[phone] — facsimile
Date:
Date: � .Zo,Z t
Date:
RECEIVED
AUG 0 4 2021
DCM-MHD CITY

Petitioners:
Date:
April Randolph
228 Drake Landing
New Bern, North Carolina, 28560
Date:
Darren Randolph
228 Drake Landing
New Bern, North Carolina, 2856o
Counsel for Petitioners
Approved as to form and content:
Date:
Anne M. Harvey
N.C. State Bar No.: 56502
[e-mail]
F. Bryan Brice, Jr.
N.C. State Bar No.: 17840
[e-mail]
Law Offices of F. Bryan Brice, Jr.
127 W. Hargett Street, Suite 600
Raleigh, NC 276oi
(919) 754-i600 - telephone
[phone] — facsimile
RECEIVED
AUG 0 4 2021
DCM-MHD CITY

Respondent:
NC Department of Environmental Quality,
Division of Coastal Management
By: __ " =_ Date: 541 4 I
Braxton C. Davis
Director, Division of Coastal Management
Counsel for Respondent
Approved as to form and content:
JOSHUA H. STEIN
By:
Mary L. Lucasse
Special Deputy Attorney General
State Bar No. 39153
n�hcratssc? �:'ncclo�:g��_
Sarah G. Zambon
Assistant Attorney General
State Bar. No. 35680
szaunbo cs«_ri(AA-an:
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
Date: May 20, 2021
Date: May 20, 2021
RECEIVED
AUG 04 2021
DCM-MHD CITY

Non -Party Pem tittee Brig token:
r�
Eric L,oken
230 Drake landing
New Bern, North Carolina, 28,6o
COtttiset for Non -Pretty brie Loken
Approved as to form and content:
Reviewed on behalf of Eric Loki)
Lars Simonsen, Esq.
State Bar No. 17602
Micah Simonsen, Esq.
State Bar No. 52393
Simonsen Law Firm, PC
106 E. Queen St.
Edenton, NC 27832
Date: S 4 aj
Date; _-_�7 (- j
RECEIVED
AU6 0 4 2021
DCM-MHD CITY

'"'This is a word processing form to be completed in Microsoft Word —
NC Division of Coastal Management
Major Permit Application Computer Sheet
(11/1/2012)
Applicant: Eric Loken
Date: 8/5121
Project Site County: Craven
Staff: Brad Connell
District: []Elizabeth City OWashington
®Morehead City []Wilmington
Project Name: Loken wing wall extension
Date of initial application submittal (EX: 1/8/2007): 7/7/21
Date application "received as complete" in the Field office (EX: 1/8/2007): 8/4/21
Permit Authorization: ®CAMA []Dredge & Fill Both
SITE DESCRIPTION/PERMIT INFORMATION
PNA: []Yes ®No
Photos Taken: Yes Z Noo
Setback Required (riparian): UYes 29 No
Critical Habitat: Yes No Not Sure
15 foot waiver obtained: Yes ONo
Hazard Notification Returned:
❑Yes ®No
SAV: []Yes ®No []NotSure
Shell Bottom: Yes SNo Not Sure
Temporary Impacts: []Yes ZNo
Sandbags: []Yes ®No Not Sure
Did the land use classification come from
county LUP: ®Yes ❑No
Mitigation Required (optional):
[_]Yes []No
Moratorium Conditions: OYes ONo
❑NA
Environmental Assessment Done:
❑Yes ❑No ® NA
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS) 19 Nutrient Sensitive Waters (NSW) Swamp Waters (SW)
❑ High Quality Waters (HOW) [:]Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
El (LS) Sea lavender (Limonium sp.)
U (SS) Glasswort (Salioomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
(SA) Salt marsh cordgrass (Spartina
(SY) Salt reed grass (Spartina
altemifiora)
cynosuroides)
(DS) Salt or spike grass (Distichlis
(SC) Bullrush or three square (Scirpus
0 (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncos
❑ (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
❑ 111(A) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
El Minor Modification to a CAMA Major
Major Modification to a CAMA Major
IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
Major development extension request -
If. Public or commercial/no dredge
$100
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
252.808-2808 :: 1-888.4RCOAST :: wwwmccoastalmanaaement.net revised: 02/15/10

NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3)
Applicant: Loken
Date: 8/6/21
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found In your Activities code sheet
Activity Name
Number
TYPE
ChOoese
OneDimension
REPLACE
ChOo ese
Dimension t
Dimension 2
Dimension
4
Wing wall
bulkhead
1
New Work ®
Maint ❑
Replace
❑ Y ON
22'
1'
revised 02/15/10

NC Division of Coastal Mgt. Application Computer Sheet, Page s of s
Applicant: Loken
Date: 8/6/21
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement
found in your Habitat code sheet.
Habitat Name
DISTURB TYPE
Choose One
TOTAL Sq. Ft.
(Applied for.
Disturbance total
includes any
anticipated
restoration or
temp impacts)
FINAL Sq. Ft.
(Anticipated final
disturbance.
Excludes any
restoration
and/or temp
impact amount)
TOTAL Feet
(Applied for.
Disturbance
total includes
any anticipated
restoration or
temp impacts)
FINAL Feet
(Anticipated final
disturbance.
Excludes arry
restoration and/or
temp impact
amount
High Ground
Dredge ❑ Fill ® Both ❑ Other ❑
500 fit
500IN
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
252-808.2808 :: 1-8884RCOAST :: www.nccoastalmanagement.net - revised: 02/15/10

DCM Coordinator: Gregg Bodnar Distributed Yes® No ❑
Applicant: Loken Distribution Datt $-9=dl
AGENCY
WIRO
WARO
LPO
Rachel Love Adrick Washingon
Rachel Love Adrick MHC
DCM Planner
Mike Christenbury Wilmington
Charlan Owens ElizCity
US COE:
Liz Hair
Raleigh Bland (Beaufort Camden, Chowan,
(Carteret Onslow, Pender)
Craven, Hertford, Hyde, Perquimans, Tyrrell)
Jordan Jessup (TBD)
Josh Peletier— (Berrie, Currituck, Dare, Gates,
Greg Curry (TDB)
Pamlico, Pasquotank, Washington)
US COE (NC DOT)
(Brunswick, New Hanover)
eau
DOT Brad Shaver
(Brunswick, New Hanover, Onslow,
Pender)
Mark Zeigler (Onslow, Pender, New
Community Assistance
Hanover, Brunswick)
Lee Padrick (Beaufort Carteret, Craven, Eliz
Lee Padrick (Beaufort Carteret Craven
City, Pamlico, Washington)
Eliz City, Pamlico, Washington
Cultural Resources
Renee Gledhill -Earley
Renee Gledhill -Earley
Div. of Water
Infrastructure
Heidi Cox
Marine Fisheries
Kimberlee Harding
Jimmy Harrison
NC DOT
David Harris
David Harris
Shellfish Sanitation
Shannon Jenkins & Sharon Gupton
Shannon Jenkins & Sharon Gupton
State Property
Tim Walton & Mike Moser & Wanda
Tim Walton & Mike Moser & Wanda Hillard
Hillard
DEMLR/DWR:
Sheri A. Montalvo/Shelton Sullivan
Sheri A. Montalvo/ Shelton Sullivan
(NC DOT)
Kristy Lynn Carpenter
Kristy Lynn Carpenter
DEMLR
Sediment & Erosion
Dan Sams
Sami Dumpor
Storm water ,
Christine Hall
Roger Thorpe
DWR 401 /
Robb Mairs (Carteret New Hanover
Anthony Scarbraugh
Onslow, Pender,)
Chad Coburn (Brunswick)
(NC DOT)
Joanne Steenhuis Brunswick, New
Garcy Ward
Hanover, Onslow, Pender
WRC
Maria Dunn (WARD)
Maria Dunn (WARD)
WRC (NC DOT)
Travis Wilson
Travis Wilson
Natural Heritage Program
Rodney Bulter
Rodney Bulter
T:\Admin Files\Maddy\2021 Admin forms\Distribution our office\Comment Sheet - sending for comments.docx
Revised : 5/7/2019

NC Division of Coastal Management
11 Cashier's Official Receipt
—�d
Received From: &"CA h(, 4
Permit No.: Maj 0r��-DD'I _ aq '50 I.tJ
Applicant's Name: Ff-;
Project Address:
14870 A B©D
Date: 20 971—
$
Check No.: M
County: Cr-A l-W O
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant:
Signature of Field Representative:
Date:
Date:

MAJOR PERMIT FEE MATRIX
W 960.,e
Ck:�'-3qa&6
Applicant: LOke✓►
Selection
Development Type
Fee
DCM %
DWQ %
(14300 1601 4351000931625 6253)
(24300 1602 436100095 2341)
I. Private, non-commercial
development that does not
$250
100% ($250)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
II. Public or commercial
development that does not
$400
100% ($400)
0% ($0)
involve the filling or
excavation of any wetlands
or open water areas:
Major Modification to a
$250
100% ($250)
0% ($0)
CAMA Major permit
III. For development that
involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
water areas, determine if A,
B, C, or D below applies:
III(A). Private, non-
commercial development, if
$250
100% ($250)
0% ($0)
General Water Quality
Certification No. 4097 (See
attached) can be applied:
III(B). Public or commercial
development, if General
$400
100% ($400)
0% ($0)
Water Quality Certification
No. 4097 (See attached)
can be applied:
III(C). If General Water
Quality Certification No.
$400
60% ($240)
40% ($160)
4097 (see attached) could
be applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquaticife:
eneral Water
ertification No.
$400
60% ($240)
40% ($160)
e attached) cannot
applied:
evelopment that
❑the
filling and/or
$475
60% ($285)
40% ($190)
excavation of more than
one acre of wetlands and/or
open water areas:

BOBBY CAHOON CONSTRUCTION, INC.
6003 Neuse Road
Grantsboro, NC 28529
Phone[phone]'Fax [phone]
Licensed and Fully Insured
NCGC License #62120
July 1, 2021
NCDENR
Division of Coastal Management
c/o Brad Connell
400 Commerce Avenue
Morehead City, NC 28557
Mr. Connell,
Enclosed you will find the Major CAMA permit application for Mr. Eric Loken along with a
check for $250.00 for the application fee.
Please let us know what other information you need for this application. I believe there is more
paperwork that you require but I don't have it at the moment and Derrick said to send what is
included here. The settlement states that the neighbors have to be notified. This was done
originally, for the general permit, does it need to be done again?
Also, you had asked Derrick to remind you to check and see if the $400.00 general permit fee is
refundable.
Please let us know if you need anything else or have any questions.
Thank you,
Deborah
enclosures
RECEIVED
JUL 07 2021
DCM-MHD CITY

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 9, 2021
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Jonathan Howell, Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
lonathan.Howellftncdenr.gov
SUBJECT: CAMA Application Review
Applicant: Loken, Eric
Project Location: 230 Drake Landing, New Bern, Craven County
Proposed Project: The applicant wishes to extend the existing bulkhead's west side upland
wing wall adjacent to the Neuse River for private use.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Jonathan Howell at the address above by August 30, 2021. If you have any
questions regarding the proposed project, contact Brad Connell 252-808-2808 ext. 214.
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached*"
PRINT NAME
AGENCY
SIGNATURE
DATE
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 28557
252.808.2808

ROY COOPER
Governor
ELIZABETH BISER
S'ecremry
BRAXTON C. DAVIS
Direcmr
Coastal Management
ENVIRONMENTAL QUALITY
August 5, 2021
The Sun Journal
Legal Advertisement Section
P.O. Box 1149
New Bern, NC 28563
Re: Public Notice — Eric Loken
Dear Sir/Madam:
Please publish the attached Notice in the August 15, 2021 issue of the Sun Journal.
The State Office of Budget and Management requires an original Affidavit of Publication prior to
payment for newspaper advertising. Please send the affidavit, an original copy of the published
notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce
Avenue, Morehead City, North Carolina 28557, Telephone [phone].
Thank you for your assistance in this matter. If you should have any questions, please contact me at
our Morehead City office.
Sincerely,
sidd
Brad Connell
Coastal Management Representative
Enclosure
cc: Gregg Bodnar
Roy Brownlow
nothing Compares
State ofNonh Carolina I Envimmnemal Qmlity I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
252 808 2808 T

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by
NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as
designated under the CAMA was received on August 4, 2021. According to said application, Eric Loken
proposes to extend a bulkhead on the high ground at 230 Drake Landing adjacent to the Neuse River near
New Bern, Craven County. A copy of the entire application may be examined or copied at the office of
Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC,
[phone] during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, N.C. 28557, priorto September 10, 2021, will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies.
Notice of the permit decision in this matter will be provided upon written request.
PUBLISHED ON: August 15, 2021
Nothing Compares?
Smte or North Carolina I Environmental Quality I Coastal Management
400 Commerce Ave I Morehead City, NC 28557
2528082808 T

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 5, 2021
Mr. Eric Loken
230 Drake Landing
New Bern, NC 28562
Dear Mr. Loken:
NORTH CAROLINA
Environmental Quality
The NC Division of Coastal Management hereby acknowledges receipt of your application for
State approval for development of your property located adjacent to the Neuse River at 230
Drake Landing near New Bern, Craven County. It was received on August 4, 2021, and
appears to be adequate for processing at this time. The projected deadline for making a
decision is October 19, 2021. An additional 75-day review period is provided by law when
such time is necessary to complete the review. If you have not been notified of a final action
by the initial deadline stated above, you should consider the review period extended. Under
those circumstances, this letter will serve as your notice of an extended review. However,
an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from August 4, 2021, you may
request a meeting with the Director of the Division of Coastal Management and permit staff to
discuss the status of your project. Such a meeting will be held within five working days from the
receipt of your written request and shall include the property owner, developer, and project
designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which
must be posted at the property of your proposed development. You should post this
notice at a conspicuous point along your property where it can be observed from a public
road. Some examples would be: Nailing the notice card to a telephone pole or tree along
the road right-of-way fronting your property, or at a point along the road right-of-way
where a private road would lead one into your property. Failure to post this notice could
result in an incomplete application.
North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557
252.808.2808

An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Add VON111=
Brad Connell
Coastal Management Representative
BC
Enclosure
CC: Roy Brownlow, District Manager
Gregg Bodnar, Asst. Major Permits Coordinator
Derrick Ipock (Agent), Bobby Cahoon Construction Inc.
-7.. North Carolina Department of Environmental Quality I Division of Coastal Management
QJS Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481
•/ Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
ew Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808
Elizabeth Ctty Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 1 2522643901

CAMA PERMIT
APPLIED FOR
PROJECT: Extension of an existing wing wall at
230 Drake Landing adjacent to the Neuse River.
COMMENTS ACCEPTED THROUGH _September 1s, 2021
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Mr. Eric Loken Brad Connell - DCM
230 Drake Landing 400 Commerce Avenue
New Bern, NC 28562 Morehead City, NC 28557
[phone] ext. 214

BOBBY CAHOON CONSTRUCTION, INC.
6003 Neuse Road
Grantsboro, NC 28529
Phone [phone] / Fax [phone]
Licensed and Fully Insured
NCGC License #62120
Project Narrative
7/19/21
Owner: Eric Loken
Project: Wing -wall Extension
Location: 230 Drake Landing
Neuse Harbor
New Bern, NC 28560
We are proposing to extend the existing bulkhead wingwall on the left side of the property. This
private residential single home property suffered significant erosion from the adjacent neighboring
property during hurricane Florence. This upland structure wing -wall extension is imperative for
immediate repair and to protect against future damage.
The approximate location of the wing wall extension can be seen by reference to the survey of the site
sealed by Robert H David, P.L.S., L-2432 on March 13, 2007, and previously provided to Mr. and Mrs.
Randolph. This survey reflects that the end of the existing wing wall is at an elevation of
approximately twenty-two feet relative to NAVD 88. As per a settlement agreement dated May 24,
2021, this wall will extend landward to a point that is no more than 5' waterward from the waterward
existing white fence post on the Randolph's property. This work will also replace approximately 6' of
the existing wingwall.
This wall is to be constructed in similar kind to the existing wall and the left side wing wall extension
located at 226 Drake Landing. Construction shall take place on the applicant's property. 20' vinyl
sheet pile will be driven into the ground with a vibratory hammer. Wall shall also have horizontal
walers and vertical driven pilings in front for additional support. Each piling will have mechanical
tieback anchors installed into applicants' property. This is referred to as a Navy style wall.
At the landward end of the wing wall, the top of wall elevation shall be approx. 25' above NWL and
level with the upper yard elevation. Eroded area behind the existing wall and new wall extension will
be backfilled with suitable soil in a manor to prevent any soils from entering the adjacent waters.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
ECEIVED
AUG 04 2P"
DCM-MHD CITY

The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.

DCM MP-1
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
Wing -wall extention
Applicant 1: First Name
Eric
MI
R
Last Name
Loken
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
230 Drake Landing
PO Box
City
New Bern
State
NC
ZIP
28560
Country
us
Phone No.
571-926-2688 ext.
FAX No.
Street Address (d different from above)
city
State
ZIP
Email
[e-mail]
2. AgentlContractor Information
Business Name
Bobby Cahoon Construction
Agent/ Contractor 1: First Name
MI
Last Name
Derrick
(pock
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
6003 Neuse Rd
Grantsboro
NC
ZIP
Phone No. 1
Phone No. 2
28529
252 - 249 -1617
ext.
252 - 229 - 4021 ext.
FAX No.
Contractor #
252 249 9884
62120
Street Address (if different from above)
City
State
ZIP
Email
[e-mail]
<Form continues on back>
,I,ECE9elE6�
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmanagement.net
DCM-MHD CITY

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Craven
230 Drake Landing
Subdivision Name
City
State
Zip
Neuse Harbor
New Bem
NC
28560 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
571 - 926 - 2688 ext.
I I I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Neuse
Neuse River
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural []Manmade []Unknown
Neuse River
e. Is proposed work within city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes ®No
work falls within.
Craven County
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
100,
.72 Acres
c.
Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
25' ❑NHW or ®NWL
e.
Vegetation on tract
Grass, Trees, Bushes
f.
Man-made features and uses now on trap
House, Seawall, Dock
g.
Identify and describe the existing land uses adieoent to the proposed project site.
single family dwelling
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential
(Attach zoning compliance certificate, if applicable)
®Yes ❑No ❑NA
j.
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No ❑NA
If yes, by whom?
I.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA
National Register listed or eligible property?
<Form continues on next page>
RECEIVED
JUL 07 2021
252-808-2808 :: 1-888.4RCOAST :: wv�w.nccoastasmanagem4+ e

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? ❑Yes ®No
(h) Are there coastal wetlands on the site? []Yes ®No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes 1--]No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Sewer
o. Describe existing drinking water supply source.
Municiple
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a.
Will the project be for commercial, public, or private use?
❑Commercial
❑Public/Government
®Private/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Land Retention, Property Protection, Property Re-establishment and stabilization
c.
Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
Residential use
d.
List all development activities you propose.
Wing wall extention
e.
Are the proposed activities maintenance of an existing project, new work, or both?
both
f.
What is the approximate total disturbed land area resulting from the proposed project?
1000
®Sq.Ft or []Acres
g.
Will the proposed project encroach on any public easement, public accessway or other area
[]Yes ®No
❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
None
i.
Will wastewater or stonnwater be discharged into a wetland?
❑Yes ®No
❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes []No
®NA
j.
Is there any mitigation proposed?
[]Yes ®No
❑NA
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
JUL 0 7 N21
252.808-2808 .. 1.888-4RCOAST .. www.nccoastalmana 5W VAEF CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional /nformadon
In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Darren and April Randolph Phone No. 352-514-7347
Address 228 Drake Landing
Name Joseph Ely Phone No. 252-631-4189
Address 232 Drake landing
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
CAMA General #71349 Eric Token 6/26/18
h. Signed consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. Asigned AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Pennission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certiliii that 11he information provided in this applioati ' truthful tj th b st of my nowledge.
Date Print Name r t
Signature
Please indicate application attachments pertaining to your proposed project.
❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED
®DCM MP-3 Upland Development
❑DCM MP-4 Structures Information JUL 0 7 2021
DCM-MHD CITY
252-808-2808 .. 1-888-4RCOAST .. www. nccoasta lmanagement. net

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures
proposed.
Wing -wall extention
c. Density (give the number of residential units and the units per
acre).
single home on a .72 acre lot
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ❑No ®NA
(ii) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
Nothing New
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
Nothing New
j. Describe proposed method of sewage disposal.
NA
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industdaV
commercial effluent, "wash down' and residential discharges).
Surface runoff
b. Number of lots or parcels.
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
500 sf
f. List the materials (such as mad, paver stone, asphalt, or concrete)
to be used for impervious surfaces.
Wood wall cap. 12" x 28'
h. Projects that require a CAMA Major Development Permit may also
require a Stonnwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
®Yes ❑No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
❑Yes ®No ❑NA
If yes, attach appropriate documentation.
RECEIVED
JUL 07 2021
DCM-MHD CITY
252-808-28082 :: 1-888.4RCOAST n www.nccoastalmanagement.net revised: 12/26106

Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Municiple
o. When was the lot(s) platted and recorded?
Yes
Date
ProjeoAlme
vema-
Applicant N
Applicant Signature
n. (i) Will water be impounded? ❑Yes ®No ❑NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
❑Yes ®No ❑NA
RECEIVED
JUL 0 7 2021
DCM-MHD CITY
252.808-2808 :: 1-888-4RCOAST :: www,nccoastalmanage_ment._net revised: 12/26/06

BOBBY CAHOON CONSTRUCTION, INC.
6003 Neuse Road
Grantsboro, NC 28529
Phone [phone]/ Fax [phone]
Licensed and Fully Insured
NCGC License #62120
Project Narrative
6/30/21
Owner: Eric Loken
Project: Wing -wall Extension
Location: 230 Drake Landing
Neuse Harbor
New Bern. NC 28560
We are proposing to extend the existing bulkhead wingwall on the left side of the property. This
private residential single home property suffered significant erosion from the adjacent neighboring
property during hurricane Florence. This upland structure wing -wall extension is imperative for
immediate repair and to protect against future damage.
As per a settlement agreement, this wall will extend no more than 22' landward from the end of the
existing wing wall no further than 5' from the waterward white fence post and replace approximately 6'
of the existing wingwall. This wall is to be constructed in similar kind to the existing wall and the left
side wing wall extension located at 226 Drake Landing.
Construction shall take place on the applicant's property. 20' vinyl sheet pile will be driven into the
ground with a vibratory hammer. Wall shall also have horizontal walers and vertical driven pilings in
front for additional support. Each piling will have mechanical tieback anchors installed into applicants
property. This is referred to as a Navy style wall. Top of wall elevation shall be approx. 25' above
NWL and level with the upper yard elevation. Eroded area behind the existing wall and new wall
extension will be backfilled with suitable soil in a manor to prevent any soils from entering the adjacent
waters.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.
a,6CEIVED
,NL 01 Z021
pCM.MHO CIV

Craven County Geographic Information System
Craven County does NOT warrant the information shown on this page and should be used ONLY for tax assessment purposes.
This report was created by Craven County GIS reporting services on 6/25/2021 11:41:20 AM
Parcel ID :
7-206-2 -143
Owner:
LOKEN, ERIC ROBERT & KATHLEEN
Mailing Address :
230 DRAKE LNDG NEW BERN NC 28560
Property Address
: 230 DRAKE LNDG
Description :
143 NEUSE HARBOUR PHASE I 1712
Lot Description : Subdivision: NEUSE HARBOUR
Assessed Acreage: 0.717
Calculated Acreage : 0.720
Deed Reference : 3479-0497
Recorded Date : 11 22016
Recorded Survey : E-30-
Estate Number :
Land Value : $250,000
Tax Exempt: No
Improvement Value: $503,820
# of Improvements : 2
Total Value : $753,820
City Name:
Fire tax District : TOWNSHIP 7
Drainage District :
Special District
Land use : RESIDENTIAL -
ONE FAMILY UNIT
Recent Sales Information
SALE DATE Sellers Name
Buyers Name
Sale Type
Sale Price
11/2/2016 FREEMON, JOSEPH M
LOKEN, ERIC ROBERT &
STRAIGHT
$680,000
JR FREEMON, NANCY
KATHLEEN
TRANSFER
5/24/2007 FREEMON, JOSEPH M
FREEMON, JOSEPH M JR
STRAIGHT
$0
JR & NANCY
FREEMON, NANCY
TRANSFER
6/19/2002 SCHIESS, SUSANNE T
FREEMON, JOSEPH M JR &
STRAIGHT
$136,000
NANCY
TRANSFER
10/7/1993 SCHIESS, ROBERT
SCHIESS, SUSANNE T
STRAIGHT
$0
JOHN & SUSANNE T
TRANSFER
4/20/1989 ETHRIDGE, V ALFRED
SCHIESS, ROBERT JOHN &
LAND SALE
$115,000
JR & PAMELA D
SUSANNE T
List of Improvements
to Site
Type of Structure
Year Built Base Area 1st Floor
Value
RESIDENTIAL CONSTRUCTION
2006
2580
$478,610
BOAT DOCK/PIER-RESIDENTIAL
2019
950
$25,210
RECEIVED
JUL 07 20ZI
DCM-MHD CITY

Craven County GIS OCM-MHD CITY 1 inch = 43 feet t
Craven County doe a NOT warm nt the informaton shown on the map end should b e used ONLY fortax assessment purposes. Printed on June 30, 2021 at 3: 13:59 PM

6'30/2021 W Fisher Rd, New Bern, NC 28560 to 230 Drake Landing, New Bern, NC 28560 - Google Maps
W Fisher Rd, New Bern, NC 28560 to 230 Drake Landing, New Bern, NC 28560 Drive 1.1 miles, 3 min
Imagery @2021 Google, Imagery ©2021 Maxar Technologies, U.S. Geological Survey, USDA Farm Service Agency, Map data 02021 500 ft-....._.. _.._...._,..... _...
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: F►
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https://www.google.con-d apsldirl34.9887968, 76.96198861230+Drake+Landing,+New+Bem+NC+28560/@34.9913903, 76.9741112,13OOnVdata=!3ml!le3!4m8!4m7!lmO!lm5!lml!lsOx89a8c5011a3... 1/1

BOBBY CAHOON CONSTRUCTION, INC.
6003 Ncusc Road
Grantsboro, NC 28529
Phone [phone] / Fax [phone]
Licensed and Fully Insured
NCGC License #62120
Project Narrative
7119/21
Owner: Eric Loken
Project: Wing -wall Extension
Location: 230 Drake Landing
Neuse Harbor
New Bern, NC 28560
We are proposing to extend the existing bulkhead wingwall on the left side of the property. This
private residential single home property suffered significant erosion from the adjacent neighboring
property during hurricane Florence. This upland structure wing -wall extension is imperative for
immediate repair and to protect against future damage.
The approximate location of the wing wall extension can be seen by reference to the survey of the site
sealed by Robert H David, P.L.S., L-2432 on March 13, 2007, and previously provided to Mr. and Mrs.
Randolph. This survey reflects that the end of the existing wing wall is at an elevation of
approximately twenty-two feet relative to NAVD 88. As per a settlement agreement dated May 24,
2021, this wall will extend landward to a point that is no more than 5' waterward from the waterward
existing white fence post on the Randolph's property. This work will also replace approximately 6' of
the existing wingwall.
This wall is to be constructed in similar kind to the existing wall and the left side wing wall extension
located at 226 Drake Landing. Construction shall take place on the applicant's property. 20' vinyl
sheet pile will be driven into the ground with a vibratory hammer. Wall shall also have horizontal
walers and vertical driven pilings in front for additional support. Each piling will have mechanical
tieback anchors installed into applicants' property. This is referred to as a Navy style wall.
At the landward end of the wing wall, the top of wall elevation shall be approx 25' above NWL and
level with the upper yard elevation. Eroded area behind the existing wall and new wall extension will
be backfilled with suitable soil in a manor to prevent any soils from entering the adjacent waters.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.

Form DCM MP-3
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 1 existing
Wing -wall extention
c. Density (give the number of residential units and the units per
acre).
existing single home on a .72 acre lot
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
[]Yes []No ®NA
(it) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
be covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
Nothing New
I. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces, such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
Nothing New
j. Describe proposed method of sewage disposal.
NA
I. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industrialf
commercial effluent, 'wash down' and residential discharges).
Surface runoff
d. Size of area to be graded, filled, or disturbed including roads,
ditches, etc.
500 sf
f. List the materials (such as mart, paver stone, asphalt, or concrete)
to be used for impervious turfa-.
Wood wall cap. 12" x 28' . "
h. Projects that require a CAMA Major Development Permit may also
require a Stonnwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Quality for review?
❑Yes ®No ❑NA
(ii) If yes, list the date submitted:
k. Have the facilities described in Item (i) received state or local
approval?
®Yes []No ❑NA
If yes, attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
[]Yes ®No ❑NA
If yes, attach appropriate documentation.
RECEIVED
AUG 0 4 2021
DCM-MHD CITY
252-808-28082 :: 1-888.4RCOAST :: www.necoastalmananement.net revised: 12/26106

Form DCM MP-3 (Upland Development, Page 2 of 2)
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Municiple
o. When was the lot(s) platted and recorded?
Map Date 2/26/1987
Recorded Date 10/12/1987
7�a3��1
Date
W IAS Wcal txfrv%fco^
Project Name I
rrrtc,�L �C
Applicant Nary
Applicant Signature
n. (i) Will water be impounded? []Yes ®No []NA
(ii) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
[]Yes ®No ❑NA
RECEIVFD
AUG 1? 4,
DCIW-iJiv�u ;ETY
252.808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12126/06