58-21 Ruegg, Jason, Daniel, & Diane

Permit Class
NEW
Permit Number
58-21
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to Jason, Daniel, and Diane Ruegg, 6317 Market Street, Wilmington, NC 28405
Authorizing development in New Hanover County at adi. to the AIWW, at 6452 Shinnwood Rd..
in Wilmington , as requested in the permittee's application dated 12/11/20, including attached workplan
drawings (12), Sheets 1 to 11 of 11 all dated 11/16/20,and Sheet 1 of 1, spoil disposal plans dated 6/16/20.
This permit, issued on May 13, 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
n mese terms may ne suoject to tines, imprisonment or ctvn action; or may cause me permn to oe nuit ana vota.
Docking Facilities
1) This permit authorizes only the docks, piers, platforms, gazebo, floating docks, and other structures
and uses located in or over the water that are expressly and specifically set forth in the permit
application. No other structure, whether floating or stationary, shall become a permanent part of this
docking facility without permit modification. No non -water dependent uses of structures shall be
conducted on, in or over Public Trust waters without permit modification.
2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(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 permit and its conditions are hereby accepted.
Signature of Permittee

Jason, Daniel, and Diane Ruegg Permit No. 58-21
Page 2 of 4
ADDITIONAL CONDITIONS
3) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
4) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
5) No portion of the authorized docking facility, including tie piles, shall extend more than one quarter of
the width of the water body. Measurements to determine width of the water body shall be made from the
normal high water line or the waterward edge of any coastal wetland vegetation which borders the water
body, whichever is more restrictive.
6) Any portion of the permitted access pier and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.
7) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout
the entire existence of the permitted structure.
8) This permit authorizes a maximum of two (2) formalized boat slips. The northern facility is authorized a
total of one (1) slip and the southern facility is authorized a total of one (1) slip.
9) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.
10) The roof of the gazebo shall not be designed for second story use.
11) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
12) Any structure deemed an accessory structure by the City of Wilmington shall not be constructed prior to the
approval and authorization by the City, including but not limited to the requirement that a principal structure
be erected on the parcel prior to the construction and use of any accessory structures.
Excavation
13) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.
14) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.

Jason, Daniel, and Diane Ruegg Permit No. 58-21
Page 3 of 4
ADDITIONAL CONDITIONS
15) No excavation shall take place outside of the area indicated on the workplan drawings.
16) Excavation shall not exceed -4 feet below the mean low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
17) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.
18) No excavated or fill material shall be placed at any time in any vegetated wetlands or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing.
19) 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
National Response Center at [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
Spoil Disposal
20) No spoil material shall be placed within 30 feet of the normal high water line.
21) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters.
22) The diked disposal area shall be constructed a sufficient distance from the normal high water level or
any marsh to eliminate the possibility of dike erosion into surrounding wetlands or waters.
Maintenance Clause
23) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the
area to be used for spoil disposal, and the estimated amount of material to be removed. The
location, design and holding capacity of the spoil disposal site shall be approved by a representative
of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the pemrittee's signature shown anew on the original plan.
24) 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.
25) The permittee shall 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 or she abandons the
permitted activity without having it transferred to a third party.

Jason, Daniel, and Diane Ruegg
ADDITIONAL CONDITIONS
General
Permit No. 58-21
Page 4 of 4
26) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
27) All debris associated with the removal and construction of the permitted docking facility shall be
contained within the authorized project area and removed to an appropriate upland location.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 2021-0024.
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 non -water
dependent activities are not authorized within 30 feet of the normal high water.
NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

4LMG
G
a DAVEY� company
March 10, 2021
TO: Kathryn Thurston
Zoning Administrator
City of Wilmington —Zoning and Development Review
230 Government Center Drive STE 110
Wilmington, NC28403
RE: 6452 Shinnwood Road, Jason Ruegg
CAMA Major Permit Application Request for Additional Information
Kathryn,
As requested in your previous communication, with regard to the northern docking facility, I am
aware that we cannot obtain zoning approval to use the new dock until the house is complete and
issued final zoning approval. Additionally, it is confirmed that there will be no commercial use of
either docking facility in the future.
Please let me know if you have any questions or need anything in addition to accept the
application as complete.
Sincerely,
Jason Ruegg
turn
ZwV NOTARJAiFJ'c
PUBLIC '
cc: Jason, Daniel and Diane Ruegg
/QKCO����
Sworn 4b Worr m.e.., Re; ct. bi q ln.�/ Ara r i n cane 9Y SQic� (10 U'M4l -I'I. z
la+{t c4ny,aF fvlard.-; r<oai V
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fk� CJ6mJK1SsiUn�Qirts b-Icl�a�
www.lmgroup.tiet • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Jason, Diane and Daniel Ruegg
PROJECT NAME: 6452 Shinnwood Road
COUNTY: New Hanover
LOCATION OF PROJECT: 6452 Shinnwood Rd, adjacent to Masonhoro Sound, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD:12-21-20
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Amico
DISTRICT OFFICE: WILNIINGTON
DISTRICT MANAGER REVIEW: '`"Min/
B) DATE RECEIVED BY MAJOR PERMITS UNIT:. �ZA FEE REC'D: $400. (no split)#2040
APPLICATION ASSIGNED TO: Weychert
PUBLIC NOTICE REC'D: 1-&21
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 3-6-21
HOLDS:
MAIL OUT DATE: 12-31-20
PERMIT FINAL ACTION:ISSUE5'IJ'`t DENY
END OF NOTICE DATE: 1-26-21
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 1-26-21
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM-Field Rep
2 %�
FaML& Now" OARSOJ
DCM - LUP Consistency Determination
Local Permit Officer UV ILA
!1
! Or- V7At NIFON
Corps of Engineers - Regulatory Branch
DWR-401 Section
G/l - ou-4 GLl(
DWR- Public Water Supply
JC-
DEMLR- Stormwater
DEMLR- Sed and Erosion
_ 2
DOA - State Property Office
Wildlife Resources Commission
Z- 2r
Ag G-• V %P
DW - Shellfish Section
- & - Z
DMF - Habitat & Enhancement
I-
ogkdW
I #9, -30 ,Sr p
DNCR - Archives & History
, ZL
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce

,� ROY COOPER
Onvemor
( �- MICHAEL S. REGAN
�.�1'
• Secretary
BRAXTON DAVIS
NORTH CAROLINA Dime lor, Division rfComfol
f,5m,nomnental Omr,hn, Managemenr
December 31, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 26557
Fax: [phone] (Courier 11-12-09)
curt.wevcherta()NCDENR.00v
SUBJECT: CAMA /Dredge & Fill
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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 NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE
RECEIVED
�*+�-
I
JAN 0 5 2021
DATE 1-5-21 MPS ECTION
State of North Carolina I Environmental Quality I Coastal Management 1XM - MHD CI I I
127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215

KURTH CARC:.INA
r rl.d 01olliv
December 31, 2020
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Project Location:
Proposed Project:
ROY COOPER
Gmrernar
MICHAEL S. REGAN
Semlan,
BRAXTON DAVIS
Ddre/ar. Division ofCmstal
Almsasm.'I
Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:[phone] (Courier 11-12-09)
curt.wevchert4NCD ENR.gov
CAMA /Dredge & Fill
Jason, Diane & Daniel Ruegg
6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
A1WW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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.
PRINT NAME L 1 vilC. E —)?n 1 vx e r'
AGENCY /N�UJtc1�oJCE i t au ✓1 1 ./� (au ✓1 1 Vim/
RECEIVED
SIGNATURE C JAN, O'4 1011
MID SECTION
DATE l I �/ i Z I ACM MHD CITY
State orNosth Cmolina I Eavirormntal Quality ICoestal Managete m
127 Cardinal Drive Ext., W,lmmglan, NC 2805 919 796 7215

ROY COOPER
Gnverna,
a
MICHAEL S. REGAN
S'ecmmary
BRAXTON DAVIS
NORTH CAROLINA Dim,am, Division ofCoasml
Ent nonmenml Oualby Managemem
December31, 2020
FROM: Curt Weychert, Assistant Major Permits, Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(a)NCDEN R.gov
SUBJECT: CA MA /Dredge & Fill
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of,two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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.
PRINT
AGENCY
Shannon Jenkins
NC DMF - Shellfish Sanitation / RWQ
SIGNATURE L LL4.eDnu_ 9Yuhla�l�¢cy for Shannon Jenkins
DATE 01 /06/2021
State ofNonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Eat" Wilmington, NC 28405 919 796 7215

Weychert, Curtis R
From:
Sams, Dan
Sent: Friday, January 15, 2021 3:35 PM
To: Weychert, Curtis R
Cc: Pietila, Tanya K
Subject: RE: CAMA Major Application: Kathy Rowlett & Mandy Norton
Projects that I haven't responded to
Towana LLC: No comment
Dan Wall: No comment
P.L. and Frances White: No comment
National Gypsum Company: Erosion & Sediment Control application and approval are required for the dredge site if
not currently permitted and review under the Stormwater Program requirements.
Bill Clark Homes: Erosion & Sediment Control and Stormwater Program applications and approvals are
required.
Ery Kehaya & Jam Properties, Inc.: Erosion & Sediment Control and Stormwater Program applications and approvals
are required.
Cameron Ward:
No comment
Philip Barker:
No comment
Dale Ardizzone:
No comment
Darby and Stertzer:
No comment
Town of Oak Island: Land disturbing activity landward of the first line of stable vegetation and exceeding one acre
will require Erosion and Sediment Control application and approval and review under the Stormwater Program
requirements.
Christie and Roy Hawkins:
No comment
Ellis Tinsley:
No comment
Sunset House FBI, LLC:
No comment
Ruegg family:
No comment
Rowlett & Norton:
No comment
Sorry that I keep getting behind.
dan.sams
From: Pietila, Tanya K
Sent: Friday, January 15, 2021 3:05 PM
To: Harding, Kimberlee k <[e-mail]>; Christenbury, Mike <[e-mail]>; DCR
- Environmental_ Review <[e-mail]>; Butler, Rodney A <[e-mail]>; Zeigler,
Mark D <[e-mail]>; Harris, David B <[e-mail]>; Dunn, Maria T.
<[e-mail]>; Walton, Tim <[e-mail]>; Moser, Mike <[e-mail]>;
Hilliard, Wanda <[e-mail]>; Humphrey, Jeremy <[e-mail]>; Gupton, Sharon
<[e-mail]>; Hall, Christine <[e-mail]>; Sams, Dan <[e-mail]>; Cox,
Heidi <[e-mail]>; [e-mail]
Cc: Weychert, Curtis R <[e-mail]>; Elks, Katharine B <[e-mail]>; Cannon, Amanda 1
<Amanda.Cannon @ ncdenr.gov>
Subject: CAMA Major Application: Kathy Rowlett & Mandy Norton
Hello All!

ROY COOPER
�~
MICHAEI. S. REGAN
BRAXTON-DAVIS
December 31, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.weychert(o)NCDENR.gov
SUBJECT: CAMA /Dredge & Fill
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonhoro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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 on the proposed project.
VThis 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 NAME)�&IVi AY-) �M UYSA'
AGENCY
SIGNATURE
DATE
up Zoo
* I► •
I �).011-31l
State of Noah Carohna Emoonmenml Qaalny Coastal hianagnnent
127 Cmdmzl D. Ea., WilminEgon. NC 28405 9197967215
St er)MAI ,VLiF0,
RECEIVED
JAN 2 0 2021
MP SECTION
DCM - MHD CITY
.. ._
�.,: H '>S.-

N
j.
Planning, Development and
Transportation
Zoning Division
UIYOF 305 Chestnut Street
PO B
<0 ON Wilmington.
NC 28402-1810
NORTH CARO,WA
910 254-0900
910 341-3264 fax
ZONING VERIFICATION FORM Wimingtonnc.gov
Dial 711 TTYIVoice
Date: 1 /20/2021
Re: 6452 Shinnwood Road
Dear Mr. Weychert,
I have reviewed the proposed construction of two docking facilities at 6452
Shinnwood Road, as submitted by Mr. and Mrs. Ruegg, and determined that the
project proposal does not comply with City Code Section 18-341, which allows
one covered gazebo up to 200 square feet on residential lots. The applicant's
proposal is for two 12' by 12' gazebos. Additionally, the maximum allowable
square footage of all piers, platforms, and docking areas, excluding a 6' wide
access pier extending generally perpendicular from the shoreline, is 800 square
feet. If the applicant agrees to remove the second gazebo and reduce the pier,
platform, and dock area to no more than 800 square feet, city zoning would have
no additional objections to the proposal.
Please contact our office for any further questions at 910-254-0900.
Sincere y
i
Kathryn Thurston
Zoning Administrator
RECEIVED
JAN 2 0 2021
MP SECTION
DCM - MHD CITY
NOTE: THIS ZONING VERIFICATION IS GOOD ONLY FOR THE
DATE ISSUED. ZONING VERIFICATION SHOULD BE RE -VERIFIED
FOR ANY OTHER DATE.

RECOMMENDATIONS FOR Jason. Diane, & Daniel Ruegg 12/28/2020
Shoreline length* = 413 LF x 8 SF/LF = 2000 SF (maximum allowable platform area)
*This Is based on applicant dedicating shoreline from both existing parcels (R06300-001-036-000 and R06300-001-054-
000) for two proposed facilities on southernmost parcel
Proposed northern fixed access pler- 984 SF of platform area (164' x 6')
Proposed northern fixed covered platform=144 SF (12' x 12')
Proposed northern floating platform= 264 SF (6' x 44')
Proposed southern fixed access pier = Access credit given
Proposed southern fixed covered platform=144 SF (12' x 12')
Proposed southern floating platform=186 SF (6' x 31')
Total =1722 SF platform space
It is the staffs recommendation that the construction of the two new private docking facilities, collectively resulting in the
shading of 2004 SF of Coastal Wetlands, and incorporation of 798 SF of public trust waters, and incorporation of 108 SF of
high ground, is CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (6) Specific Use Standards for Piers and Docking
Facilities.
The application states that the docking facilities would provide docking space for two (2) vessels at this location in water
depths dredged to -4 @ NLW. The proposed platforms would be located over open water and within the applicant's
riparian corridor.
It is the staffs recommendation that the proposed dredge event and maintenance excavation of the previously excavated
channel appears to be CONSISTENT with 15A NCAC 07H.0208(b)(1)(A-H).
It is the opinion of this office that the area for the proposed excavation appears to be located within an existing channel
that has been historically used for docking and navigational purposes and previously dredged, based on a review of past
permits issued in the area.
In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued. This office has
no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. It is
recommended that any permit issued should include standard conditions for docking facilities.

ROY COOPER
r8n;n„y
MICHAEL S. REGAN
Sr,'r.4vt
BRAXTON DAVIS
f LnVnC l )reaan.e ul ru✓,w,tl
December 31, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.weychert(e. N CD E N R.eov
SUBJECT: CAMA/Dredge & Fill
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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 bn 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 NAME
AGENCY P(- A y } , 0 T
SIGNATURE / ` P�j
DATE
Stato oCNonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive EvI., Wilmington, NC 28405 919 796 7215
RECEIVED
JAN 2 51011
MP SECTION
DCM - MHD CITY

ROY COOPER
Covemar
MICHAEL S. REGAN
as..�
Secretary
BRAXTON DAVIS
NORTH CAROLINA
Director, DivisionrfCoastol
Lialronnsental Olahtp
Management
December 31, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(cDNCDEN R.00v
SUBJECT: CAMA/Dredge & Fill
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by January20, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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 on the proposed project.
X 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 NAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE 6iw v
DATE
01 /26/2021
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215
RECEIVED
JAN 2 6 2021
MP SECTION
DCM - MHD CITY

ROY COOPER
Governor
MICHAEL S. REGAN
secretory
STEPHEN W.MURPHEY
Director
MEMORANDUM:
TO: Curt Weychert, DCM Assistant Major Permit Coordinator
FROM: Kimberlee Harding, DMF Fisheries Resource Specialist
SUBJECT: Jason, Diane, & Daniel Ruegg, two separate docking facilities and maintenance
dredging, New Hanover County
DATE: January 26, 2021
A North Carolina Division of Marine Fisheries (NCDMF) Fisheries Resource Specialist has reviewed
the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The
project site is located at 6452 Shinnwood Road, adjacent to Masonboro Sound, in New Hanover
County. The applicant proposes to construct two separate docking facilities for a total of two slips
The applicant is also requesting to undertake maintenance dredging in the channel in front of the
property, extending through the entire canal out to the AIWW, within a previously authorized
dredge footprint, of an approximate 12' to 20' wide by 625' long box cut, to the depth -4' @ MLW.
The proposed dredging would excavate approximately 12,500 square feet of shallow bottom area
and would result in the removal of approximately 700 cubic yards of material from the access
channel. The project is in waters classified as SA -outstanding resource waters (ORW) by the
Division of Water Resources and are closed to the harvest of shellfish. The waters are classified SC
by the Division of Water Resources. They are designated as a Primary Nursery Area (PNA) by the
NCDMF.
PNAs are estuarine waters where initial post -larval development occurs. Species within this area
are early post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because
they afford food, protection, and proper environmental conditions during vulnerable periods of
their life history, thus protection of these areas are imperative. Increased sedimentation raises
concern for shellfish and shellfish habitat by either the direct burial of oyster beds or reductions in
filtration efficiency, respiration rates, and/or reproduction and settlement. Larval oysters require a
clean hard bottom for attachment and sedimentation as little as 1 or 2 mm may inhibit settlement.
Duration of sedimentation suspension and water quality degradation has been shown to result in
juvenile oyster mortality. Coastal wetlands are considered among the most productive ecosystems
in the world. Coastal wetlands are a productive detritus -based system that trap nutrients, toxins
and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier
to flood damage, and provide nursery functions and support fish production.
For the above -mentioned reasons, the N.C. Division of Marine Fisheries would request that a
moratorium on in -water work, to include dredging, from 1 April to 30 September is recommended
to reduce the negative effects on critical fish life history activities, to include spawning migrations
and nursery functions.
RECEIVED
%% Nothing Compares.— 1AN 2 6 2021
State of North Carolina I Division of Marine Fisheries MP 58CTION
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 DCM - MHD CITY
252-726-7021

Contact Kimberlee Harding at [phone] or [e-mail] with further
questions or concerns.
RECEIVED
JAN 2 6 2021
MP 5FCTION
DCM - MHD CITY
-'Nothing Compares.—.,..
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O. Box 7691 Morehead City, North Carolina 28557
252-T26-7021

A
I I a
December 31, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevcherIl5lNCDENR.00v
SUBJECT: CAMA/Dredge & Fill.
ROY COOPER
a .,,Tv,
MICHAEL S. REGAN
A,,wvnl
BRAXTON DAVIS
1Rrxa'Au', 1 hrGam ni ! i asmli
Ahom},w'.,l
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIINW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form tri Curt Wevchert at the address above by January 26, 2021; If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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.
Memo Attached
PRINT NAME_ Wanda Hilliard
AGENCY _ State Property Office
SIGNATURE WaM-" RECEIVED
DATE January 27.2021 JAN 2 7 2021
MP SECTION
State127Nmth Carolina Environmental,Quality i
NC284Coastal Management DCM-MHDCITY
127 Cardinal Dave F.zl., Wilmington, NC 28d05 9197967215

Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
January 27, 2021
TO: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
FROM: Wanda Hilliard ll�ctiva�o 7 j"u I `k
Real Property Agent
Department of Administration
SUBJECT: CAMA / APPLICATION REVIEW
Daniel Ruegg & Diane Jason
Machelle Sanders
Secretary
Tim Walton
Director
RE: 642 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New. Hanover County
Proposal to construct two separate docking facilities for a total of two' (2) slips on the southern
most parcel and perform channel maintenance excavation connecting to the AIW W.
Please confirm that the facilities are not located within the I000'USACE AIWW easement area.
If not, then the State Property Office has no comment on the proposed project.
Thank you.
RECEIVED
JAN 2 7 2021
MP SECTION
State of North Carolina I State Property Office
DCM - MHD CITY "
116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699
9198074650 TI Web: http://www.ncspo.com

Received: 1 /26/2021
Historic Preservation Office
Due: 2/2/2021
NORTH CAROLINA
ER 21-0174
December 31, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(a NCDENR.gov
SUBJECT: CAMA/Dredge & Fill
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Direclop Division ofCoaslal
Management
NC - SBA
1 /28/2021
Applicant: Jason, Diane & Daniel Ruegg
t
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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.
PRINT NAME Renee Gledhill -Earley
AGENCY
SIGNATURE
DATE
Historic Preservation Office
1.129/2021
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dive Ext., Wilmington, NC 28405 919 796 7215
RECEIVED
FEB 01 1011
MP SECTION
DCM - MHD CITY

ROY COOPER
MICHAEL S. REGAN
,,, „,
BRAXTON DAVIS
December 31, 2020
MEMORANDUM
( 9-1•DI-cy,.a2
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert((D NCDENR.Qov
SUBJECT: CAMA/Dredge & Fill
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AhIUW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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 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 NAME_ ��+' 1 ' 7>� n
AGENCY — N('�Jtz( RECEIVED
SIGNATURE FEB 00 2021
MP SECTION
DATE 7- 2-2P2.i DCM • MHD CITY
State of North Carolina i Emimnmmtal Qoality 1 Coastal Management
127 Cudmal Drive Ex, Wilmington, NC 2&405 9197967215
galP p`4b 3'�c....t dE m9.,P{w v '1^ T VTeB.® l.v, •' 89'•mv

North Carolina Wildlife resources Commission <--I
Cameron Ingram, Executive Director
MEMORANDUM
TO: Curt Weychert
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T. Dunn, Coastal Coordinator .
Habitat Conservation Division
DATE: February 2, 2021
SUBJECT: CAMA Dredge/Fill Permit Application for Jason, Diane, and Daniel Ruegg,
New Hanover County, North Carolina
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife.resources. The project site is located at 6452
Shinnwood Road adjacent Masonboro Sound in Wilmington, NC. Our comments are provided in
accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through I I3A-128), as
amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife
Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.).
The applicant proposes to remove existing fixed accessways to construct two separate dock facilities for a
total of two slips on the southernmost parcel. In addition to the slips, maintenance dredging is proposed
from the front of the property through the entire canal out to the AI W W within a previously authorized
footprint (#167-75 and subsequent GPs). Material would be removed via bucket to barge and taken to
DA-248 outside the IJSACE right of way. Final water depths are proposed to be 4' MLW. This canal is
classified SA HQW by the Environmental Management Commission, is designated a primary nursery
area (PNA) by the NC Division of Marine Fisheries (NCDMF) and is closed to shellfish harvesting.
The NCWRC has reviewed the application and does not object to the change of docking access on the
property or the proposed maintenance dredge activity. To minimize impacts to marine resources, we
support the April I — September 30 in -water work moratorium requested by NCDMF as well as any
previous permit conditions and restrictions.
We appreciate the opportunity to review and comment on this permit application. If you need further
RECEIVED
assistance or additional information, please contact me at [phone] or at
maria.dunnrncwildlife orp
FEB 0 $ 2011
MP SECTION
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
- MHD CITY'
Telephone: [phone] • Fax: [phone]

DocuSigMEnvelope ID: 05DOD1 F40F7A-4BAE-BF9A-2DCB7A6C69A2
y , n
ROY COOPER
Governor
DIONNE DELLI-GATTI
Secretary
S. DANIEL SMITH
Director
Jason and Daniel Ruegg
6317 Market Street
NORTH CAROLINA
Environmental Quality
March 5, 2021
D W R # 2021-0024
New Hanover County
Wilmington, NC 28405
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
6452 Shinnwood Road — Wilmington, NC 28409-Maintenance Excavation
Dear Messrs. Ruegg:
You have our approval for the impacts listed below for the purpose described in your application dated
December 11, 2020 and received by the Division of Water Resources (Division) December 31, 2020.
These impacts are covered by the attached Water Quality General Certification Number 4175 and the
conditions listed below. This certification is associated with the use of the General Permit(s) 198000291
or 197800056 once issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when
issued by the Division of Coastal Management. 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification and to the additional
conditions itemized below.
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount
Amount Approved
Approved
(units)
(units)
Temporary
Permanent
Stream
N/A
N/A
404/401 Wetlands
N/A
N/A
Open Waters -Shallow Bottom
0.29 acres
N/A
ECEIVED
MAR 0 5 2921
DCM-MHD CITY
North Carolina Department of Environmental Quality I Dtvlslon of Water Resources
_ �� Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
0""�� 910.796.7215

DocuSign Envelope ID: 05DOD1F40F7A-4BAE-BF9A-2DCB7A6C69A2
6452 5hinnwood Road — Wilmington, NC 28409
D W R# 20210024
401 Certification
Page 2 of 4
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 this Certification. 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 Certification and is
responsible for complying with all conditions. 115A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification or with the additional conditions itemized below, you must notify the Wilmington Regional
Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee
becomes aware of the circumstances.
The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
Additional Conditions:
1. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class
SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8
and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural
conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity
exceeds this level due to natural background conditions, the existing turbidity level shall not be
increased. [15A NCAC 02B .0221]
Citation: 15A NCAC 02B .0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and
maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)),
wildlife, and secondary contact recreation]; and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis.
2. Please understand that the waters around your project area have been identified by the
Division of Marine Fisheries as Primary Nursery Area (PNA). Should the need for dredging within the
proposed project area arise in the future, please be aware that new dredging within a PNA is not
permitted under 15A NCAC 02B .0221 as it results in degradation of water quality standards and
therefore is considered a water quality violation.
Citation: 15A NCAC 02B .0111
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and
Primary Nursery Areas (PNAs)), wildlife, secondary contact recreation, and shellfishing for mEIVED
MAR 0 5 2021
DCM-MHD CITY

DocuSign£nvelope ID: 05DOD1F4-OF7A-4BAE-BF9A-2DCB7A6C69A2
6452 Shinnwood Road —Wilmington, NC 28409
DWRB 20210024
401 Certification
Page 3 of 4
purposes]; and that activities must not cause water pollution that precludes any best use on a short-
term or long-term basis. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts
to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
3. The Permittee shall comply with any moratoriums per the INC Division of Marine Fisheries
and the INC Wildlife Resources Commission. Dredging moratoriums shall be observed as required
by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National
Marine Fisheries. If such activities should take place during periods of high biological activity (e.g.
shorebird, or sea turtle nesting), biological monitoring may be required at the request of other state
and federal agencies and coordinated with these dredging activities.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Surface water quality standards require that
conditions of waters be suitable for all best uses provided for in state rule (including, at minimum:
aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and
Primary Nursery Areas (PNAs)), wildlife, secondary contact recreation, and shellfishing for marketing
purposes], • and that activities must not cause water pollution that precludes any best use on a short-
term or long-term basis. In determining that the proposed activity will comply with state water
quality standards (including designated uses, numeric criteria, narrative criteria and the state's
antidegradation policy), the Division must evaluate if the activity has avoided and minimized impacts
to waters, would cause or contribute to a violation of standards or would result in secondary or
cumulative impacts.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional Information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
RECEIVED
MAR 0 5 2021
DCM-MHD CITY

DowSign Envelope ID: 05DODiF4-OF7A-4BAE-BF9A-2DCB7A6C69A2
6452 Shinnwood Road —Wilmington, NC 28409
DWR# 20210024
401 Certification
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC
02H .0500. Please contact Tyler Benson at 910-796-7336 or Tyler. [e-mail] if you have any
questions or concerns.
Sincerely,
oawsgnea are
Morelia Sanchez -King
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WiRO
Enclosures: GC4175
cc: Curt Weychert, DCM Morehead City Office, EC
Greg Currey, USACE Wilmington Regulatory Field Office, EC
Andy Dortch and Greg Finch, Consultants, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
RECEIVED
MAR 0 5 2021
DCM-MHD CITY

MEMORANDUM
To: Curt Weychert
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Ruegg Family,
Wilmington, New Hanover County
Date: March 9, 2021
Consistency Determination:
This project is consistent with the Wilmington - New Hanover County,Joint Land Use
Plan.'
The applicant proposes to construct two separate docking facilities for a total of 2-slips
on the southernmost parcel and perform maintenance excavation connecting the AIWW.
The project is located at 6452 Shinwood Road, adjacent to Masonboro Sound in
Wilmington, New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are CW, ES, EW,
PTA. Waters at the project site are classified as SA-HQW and are not open to the
harvesting of shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Developed while the AECs impacted by
the work are classified as Conservation.
In general, the Wilmington - New Hanover County Joint Land Use Plan allows
development in Conservation classified AECs, which is consistent with the State's
minimum use standards. The Wilmington — New Hanover County Joint Land Use Plan
contains some policies, which exceed the State's minimum use standards. However,
none of these standards appear to be applicable to this proposal.
This project is consistent with the Wilmington - New Hanover County Joint Land Use
Plan.
Cc: File
��LV) 011)

1. Form DCM-MP-1
APPLICATION for
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (if applicable)
NA
6452 Shinnwood Road
Applicant 1: First Name
MI
Last Name
Jason
nits
Ruegg
Applicant 2: First Name
MI
Last Name
Daniel
n/a
Ruegg
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
6317 Market Street
Wilmington
NC
ZIP
Country
Phone No.
FAX No.
28405
USA
410-703-5329
n/a
Street Address (ddiferent from above)
City
State
ZIP
6542 Shinnwood Road
Wilmington
NC
28409
Email
iasonr(cDoffthehcokvs.com; druecc2283 dt7.aol.com
2. Agent/ContractorInformation
Business Name
Land Management Group
Agent/ Contractor 1: First Name
MI
Last Name
Andy
n/a
Dortch
Agent/ Contractor 2: First Name
MI
Last Name
Greg
n/a
Finch
Mailing Address
PO Box
City
State
3805 Wrightsville Avenue, Suite 15
n/a
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28403
910-452-0001
ext. nla
n/a ext. n/a
FAX No.
Contractor #
910-452-0060
n/a
Street Address (if diNerent from above)
City
State
21P
NA
Email
adortch(o�lmarouo.net, afinch(cblmarouo.net
Application for LAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 1

3. Project Location
County (ran be multiple)
Street Address
State Rd. #
New Hanover
6452 Shinnwood Road
n/a
Subdivision Name
City
Slate
Zip
N/A
Wilmington
NC
28409
Phone No.
Lot No.(s) (if many, attach additional page with list)
n/a
NA
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Masonboro Sound / AI V W
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
AIWW
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.
City of Wilmington
4 Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
413' @ MHW
3.95 +/_ acres
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
Northern parcel — 2.13 +/_ acres
NWL (normal waterlevel)
Southern parcel —1.82 +/_ acres
0-10, ®NHW or ❑NWL
(if many lot sizes, please attach additional page with a list)
e. Vegetation on tract
Coastal trees and shrubs, landscaped vegetation
f. Man-made features and uses now on tract
Northern Parcel —Vacant
Southern Parcel — Single Family Residence
g. Identify and describe the existing land uses adiacent to the proposed project site.
Residential homes and docking facilities; community docks
h. How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
R-20
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No
k. Has a 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 National ❑Yes ®No []NA
Register listed or eligible property?
Application for LAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 2

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) NHW, COASTAL AND 404 WETLAND LINES WERE
FLAGGED BY LMG IN MARCH, 2020 AND ARE CURRENTLY AWAITING APPROVAL BY
DCM/USACE.. SEE APPENDIXA FOR DETAILS.
n. Describe existing wastewater treatment facilities.
Municipal
o. Describe existing drinking water supply source.
Municipal
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 ❑PublicIGovemment
SPrivatelCommunity,
b. Give a brief description of purpose, use, and daily operations of the project when complete.
The applicant proposes to install 2 fixed access piers, each with a covered gazebo and floating dock. The piers and floating
docks will allow boating access to the AIW W for residents of the property, both future and existing. The applicant also proposes
channel maintenance dredging.
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.
Typical dock construction methods and equipment will be used. Equipment will be stored on site, if needed.
d. List all development activities you propose.
The applicant proposes removal of the existing fixed pier and floating dock along the southeast property boundary, and the
removal of the existing walkway in the east central portion of the property. Also proposed is the construction of a 210' long x
6' wide fixed pier with 12' x 12' covered gazebo and 31' long x 6' wide floating dock near the southern property boundary, and
a 164' long x 6' wide fixed pier with 12' x 12' covered gazebo and 44' long x 6' wide floating dock near the central parcel
boundary. Due to current water depths on the eastern portion of the property and the channel, maintenance dredging to 4'
MLW is requested. See Appendix A for details. No upland development is proposed.
e. Are the proposed activities maintenance of an existing project, new work, or both? Both
I. What is the approximate total disturbed land area resulting from the proposed project? 0 ❑Sq.FI or ®Acres uplands
<1 ❑Sq.Ft or ®Acres spoil island
—0.26 ❑Sq.Ft or ®Acres dredge area
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.
No new discharges.
i. Will wastewater or stormwaler be discharged into a wetland? -No new discharges []Yes ®No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ®NA
Application for LAMA Major Development Permit —December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 3

j. Is there any mitigation proposed? ❑Yes ®No []NA
If yes, attach a mitigation proposal.
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) — (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 fitle to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. 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.
I Name MCNEILL S FRANK CARITA O Phone No. NA
Address 6447 SHINNWOOD ROAD, WILMINGTON NC 28409
Name POLLAK MICHAEL H MEREDITH M Phone No. NA
Address 6450 SHINNWOOD ROAD, WILMINGTON NC 28409
Name HAMILTON TERRY J JEAN A Phone No.
Address 9191 INDUSTRIAL BLVD, LELAND'NC 28451 or 6464 SHINNWOOD'RD, WILMINGTON NO 28409
I
Name HIGH ROBERT M MARY M
Address.223 GREENVILLE AVE, WILMINGTON NC 28403 or 813 INLET VIEW DR, WILMINGTON NC 28409
Name DOZIER WILLIAM H JR ELIZABETH
Address 817 INLET VIEW DR, WILMINGTON NC 28409
I
Name DAVID GPHILLIP ANN MCKEE
Address 1516 DAWSON ST, WILMINGTON NC 28401 or 821 INLET VIEW DR, WILMINGTON NC 28409
I
Name PACE JOHN S RACHEL
Address 825 INLET VIEW DR, WILMINGTON NC 28409
i
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and Issuing dates.
CAMA MINOR PERMIT 20-37 7/24/2020 JASON RUEGG
ADJACENT — CAMA GP 70880 4/27118. 539390 4/30111. 020403 4/11/99,
42340 4/17106 MICHAEL POLLAK (6450 SHINNWOOD ROAD)
ADJACENT— CAMA GP 53939 10115/09, 42340 1/17106
GARY JACKSON (6454 SHINNWOOD ROAD)
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.
Application for LAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 4

1 7. Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow
project will be subject to the conditions and restrictions contained in the permit.
The
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 the Information provided In this application Is truthful to the best of my knowledge. t�
Date: 12/11/2020 Print Name: Andy Dortch, Agent, Land Management Group Signature A:� r/o�L"
Please Indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
❑DCM MP-3 Upland Development
®DCM MP-4 Structures Information
Application for CAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 5

2. Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Access
-
—
Othhorrelineliner ding
Channel
Canal
Boat
Boat
Rock
Rock
s
she
(NLW or
Basin
Ramp
Groin
Breakwater
stabilization)
NWL)
Length
—625'
-12 - 20'
Width
Avg. Existing
1.8' MLW
NA
NA
Depth
Final Project
-4' MLW
NA
NA
Depth
1. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards. Sand
-700
c. (i) Does the area to be excavated include coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(if) Describe the purpose of the excavation in these areas:
NA
d. High -ground excavation in cubic yards.
None
12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable
a. Location of disposal area.
Southern Portion of DA 251 outside USACOE ROW. See
Appendix C for Details.
c. (I) Do you claim title to disposal area?
❑Yes ®No ❑NA
(III If no, attach a letter granting permission from the owner.
See Appendix C.
e. (i) Does the disposal area include any coastal wetlands/marsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL ®None
(it) Describe the purpose of disposal in these areas:
NA.
Application for LAMA Major Development Permit - December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 6
Dimensions of disposal area.
Irregular 36,012 square feet = 0.82 acre
(i) Will a disposal area be available for future maintenance?
®Yes ❑No ❑NA
(if) If yes, where?
Southern Portion of DA 251 outside USACCE ROW. See
Appendix C for Details.
(i) Does the disposal Include any area in the water?
❑Yes ®No ❑NA
(ii) If yes, how much water area is affected?

3. SHORELINE STABILIZATION ®This section not applicable
(If development is a wood groin, use MP-4 — Structures)
a. Type of shoreline stabilization: b. Length:
[]Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other:
c. Average distance waterward of NHW or NWL:
e. Type of stabilization material:
Width:
d. Maximum distance waterward of NHW or NWL:
f. (1) Has there been shoreline erosion during preceding 12 months?
❑Yes []NO ❑NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill Riprap
Breakwater/Sill Other
I. Source of fill material.
4. OTHER FILL ACTIVITIES ®This section not applicable
(Excluding Shoreline Stabilization)
a. (1) Will fill material be brought to the site? ❑Yes ®No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW),
If yes,
(ii) Amount of material to be placed In the water _
(Ili) Dimensions of fill area
(iv) Purpose of fill
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b
controlled?
No land disturbing activities at the project site. Dredge spoil will be
placed along and adjacent to the existing diked disposal area
outside the USACE ROW on DA 251. See Appendix C.
Submerged aquatic vegetation (SAV), Shell bottom (513), or other
wetlands (WL)? If any boxes are checked, provide the number
of square feet affected.
❑CW ❑SAV _ ❑SB
❑WL ®None
(ii) Describe the purpose of the fill in these areas:
NA
What type of construction equipment will be used (e.g., dragline,
backhoe, or hydraulic dredge)?
Typical dock construction and bucket to barge equipment, backhoe,
excavator, barge and bobcat/bulldozer.
G. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes ®No ❑NA site? ❑Yes ®No []NA
III) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize
NA environmental impacts.
NA
Dare
f
,12/11/2020
,Project Name
!6452 Shinnwood Road
Applicant Name
i
(Jason Ruegg
I
Applicant Signature
A*-,y D444 Agent, Land Management Group _
Application for LAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 7

3. Form DCM MP-4
Structures
(Construction within Public Trust Areas)
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑PubliclGovernment ®Private/Community
c. (i) Dock(s) and/or pier(s)
(ii) Number 2 Fixed Piers
(III) Length 164' N : 210' S
(iv) Width 6 N : 6' S
(v) Floating []Yes ONO
e. (i) Are Platforms included? ®Yes []No
If yes:
(ii) Number 2 Covered Gazebos (1 on northern and 1 on southern
fixed pier)
(III) Length 12' N : 12' S
(iv) Wdth 12' N : 12' S
(v) Floating []Yes ONO
Note: Roofed areas are calculated from dripline dimensions.
❑This section not applicable
b. (i) Wit the facility be open to the general public?
❑Yes ONO
d. (i) Are Finger Piers included? ®Yes []No
If yes:
(ii) Number 2 0 on northern and 1 on southern fixed Pier)
(III) Length 44' N : 31' S
(iv) Wdth 6' N : 6' S
(v) Floating ®Yes []NO
f. (i) Are Boatlifts included? []Yes ONO
If yes:
III) Number
(iii) Length
(iv) Wdth
g. (i) Number of slips proposed h.
2 0 on northern floating finger pier and 1 on southern floating
fin er ier
(ii) Number of slips existing
1 on southern floating dock (destroyed during Hurricane
Isaias on August 3. 2020)
I. Check the proposed type of siting:
❑ Land cut and access channel
®Open water; dredging for basin and/or channel
[]Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 30'
m. (i) Will the facility have tie pilings?
❑Yes ONO
(ii) If yes number of tie pilings?
Application for LAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 8
Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or maintenance
service
❑ Dockage, fuel, and marine supplies
® Dockage ('Wet slips") only, number of slips: 2 (1 on northern
floating finger pier and 1 on southern Floating finger oierl
❑ Dry storage; number of boats:
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
j. Describe the typical boats to be served (e.g., open runabout, charter
boats, sail boats, mixed types).
Open runabout, large center console and soortfishing
vessels
I. (i) Will the facility be open to the general public?
❑Yes ONO

Z DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(ii) Give the location and number of "Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and "No Wake" signs proposed.
I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin gushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
In. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the marnaldocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SS
OWL _ ❑None
p. Is the proposed madna/docking facility located within or within close proximity to any shellfish leases? []Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
Application for CAMA Major Development Permit —December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 9

3. BOATHOUSE (including covered lifts) NThis section not applicable
a. (i) Is the boathouse structure(s):
[]Commercial ❑Public/Govemment ❑Private/Community
(ii) Number
(III) Length
(Iv) Width
Note: Roofed areas are calculated from ddpline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) NThis section not applicable
a. (1) Number
(11) Length
(111) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) NThis section not applicable
a. Length _ b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS NThis section not applicable
a. Is the stmcture(s):
❑Commercial ❑Public/Govemment ❑Private/Community
Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, if present.
e. Arc of the swing _
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
Application for LAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 10

i 7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines
15' S southern docking facility; 278' N northern docking
facility
Note: For buoy or mooring piling, use am of swing including length
ofvessel.
c. Width of water body
—75'
e. (1) Will navigational aids be required as a result of the project?
❑Yes ®No []NA
(it) If yes, explain what type and how they will be implemented.
NA
b. Proximity of structure(s) to adjacent docking facilities.
30' southern docking facility; 439' N northern docking facility
d. Water depth at walerward end of structure at NLW or NWL
—1' NLW existing: -4' MLW or000sed
B. OTHER 0This section not applicable
a. Give complete description:
12111/2020
Da[e
6452 Shinnwood Road i
Proj=Name
Jason Ruegg
Applicant Namc `
A� N"" Agent, Land Management Group i
i
Applicant Signature
Application for CAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 11

ROY COOPER
Govern.,
MICHAEL S. REGAN
Secralary
BRAXTON DAVIS
Areelor, Divirion afCoagal
Management
December 31, 2020
MEMORANDUM:
FROM Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28667
Fax: [phone] (Courier 11-12-09)
curt.wevchert(rDNCDEN R.eov
SUBJECT: CAMA/Dredge & Fill
Applicant: Jason, Diane & Daniel Ruegg
Project Location: 6452 Shinnwood Rd., adjacent to Masonboro Sound in Wilmington, New Hanover
County
Proposed Project: Proposal to construct two separate docking facilities for a total of two (2) slips on the
southernmost parcel and perform channel maintenance excavation connecting to the
AIWW.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by January 26, 2021. If you have any questions
regarding the proposed project, contact Patrick Amico at [phone] 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 on the proposed project.
UNIL111
AGENCY
SIGNATURE
DATE
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.
Stale of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Jason, Diane, & Daniel Ruegg
2. LOCATION OF PROJECT SITE: Site is located at 6452 Shinnwood Rd (Parcel ID# R06300-001-036-000 and
adjacent parcel ID # R06300-001-054-000) adjacent to Masonboro Sound, Wilmington
New Hanover County.
Lat: 34.194577N Long:-77.828100 W
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 6/2020 Was Applicant Present— No
6.
8.
PROCESSING PROCEDURE: Application Received—9/15/2020 initial 12/21/2020 (complete) Office— Wilmington
SITE DESCRIPTION:
(A) Local Land Use Plan— Wilmington - New Hanover County
Land Classification From LUP — Residential, Conservation
(8) AEC(s) Involved: PTA, EW, CW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing- Municipal Sewer
Planned- N/A
(F) Type of Structures: Existing- Single' -family residence and driveway, private docking facility (1 slip)
damaged by Hurricane Isaias; all on southern parcel
Planned- construct two (2) new, separate' docking facilities on southern parcel and perform channel
maintenance dredging from subject property waterward out to AIWW
(G) Estimated Annual Rate of Erosion:. N/A
HABITAT DESCRIPTION: (AREA)
DREDGED FILLED OTHER
2004 SF
(A)Vegetated Wetlands (Coastal),
(shading)
798 SF
(B) Non -Vegetated Wetlands (Open Water)
12,500 SF
(incorporated)
(C) Other- Highground disturbance
'
E2,500 SF
108 SF
(D) Total Area Disturbed: 27,910 ftz (0.64 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-HQW Open: No
PROJECT SUMMARY: The applicant proposes to construct two separate docking facilities for a total of 2 slips on
the southernmost parcel and perform channel maintenance excavation connecting to the AIWW.

Ruegg Docking and Dredging
Page 2
9. PROJECT DESCRIPTION
The project site is located at 6452 Shinnwood Road, adjacent to Masonboro Sound, In New Hanover County. To locate the
property of interest, travel southeast on Eastwood Road. Turn right onto Military Cutoff Road and travel approximately
1.3 miles and turn left onto Greenville Loop Road. Travel 0.8 miles and turn left onto Shinnwood Road. Travel 0.8 miles
until you reach the property of interest located on the left side of the road.
The project site is approximately 3.95 acres in size, separated into two parcels, consisting of 2.13 acres on a northern
parcel and 1.92 acres on a southern parcel (Parcel ID# R06300-001-036-000 and R06300-001-054-000). The site has an
average elevation of approximately 0-5' above Normal High Water (NHW) and is vegetated with maintained lawn grass
and ornamental landscaping. Between both parcels collectively, the project site has approximately 413 LF of shoreline
frontage along a manmade channel off the Atlantic Intracoastal Water Way (AIW W ). Along the shoreline there are Coastal
Wetlands consisting of mostly Smooth Cordgrass (Spartina olternii fora) and Juncus roemerianus (Black needlerush). The
southern parcel contains a single-family residence and driveway. On July 23, 2020, the applicant was issued Minor Permit
20-37 for the addition of fill material, removal of the existing driveway, and relocation of the existing house, construction
of a new driveway, and landscaping.
Along the northern side of the southernmost parcel, there is an elevated walkway over the coastal wetlands, extending in
a southeasterly direction (6' x 80'), spanning between two upland areas. This has served to provide access from the
uplands near the existing house, to an upland area near the shoreline of the canal. Extending in a southeasterly direction
from the shoreline is an existing private docking facility, with a fixed access pier (6' x 20') oriented perpendicular to the
shoreline, with a gangway leading down to a floating.dock (8' x 20') oriented parallel to the shoreline, accommodating
one vessel. This facility was damaged during Hurricane Isaias (See sheet 6 of 11). No permit history was found for the
docking facility, however CAMA GP# 55836D was issued on 08/03/2010 for the replacement of the access walkway (6' x
80') span between the uplands.
For the waterbody, a search of permit history for the area shows the Division of Coastal Management issued a CAMA
Major Permit 167-75, and the USACE issued Permit no. SAWKS 75-65-23-356 for the excavation of the channel. CAMA
Major Permit 167-75 was subsequently renewed at least three times, the last time appears to have been in 1982.
Reviewing the work plans associated with the 1982 renewal, it appears to include the channel area in front of 6452
Shinnwood Roadd (see work plan dated 5/1976). Historical aerials supplied by the applicant appear to show construction
of the channel underway in 1981(See Sheet 2 of 11). The applicant has also submitted copies of three general permits,
42340 D (issued 1/16/06), 53939 D (issued 10/15/09), and 70880 D (issued 4/27/18) which authorized maintenance
dredging in areas of the originally excavated canal, to a maximum depth of-5' @ MLW.
The Wilmington -New Hanover County 2006 Land Use Plan classifies adjacent waters and high ground portion of the
property as Conservation. The waters of the AIW W in this area is classified as SA-HQW by the Division of Water Resources.
They ARE designated as a Primary Nursery Area (PNA) and coastal waters, and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to construct two separate docking facilities for a total of 2 slips on the southernmost parcel and
perform channel maintenance excavation connecting to the AIWW. The applicant plans to dedicate the shoreline for both
existing parcels (R06300-001-036-000 and R06300-001-054-000) to create two new docking facilities on the southernmost
parcel. On the southernmost parcel, the applicant proposes to remove the existing fixed accessway from the northern
side of that parcel, and construct a new fixed access pier (164' x 6') near the origin of the existing one, extending from the

Ruegg Docking and Dredging
Page 3
uplands in a southeasterly direction towards the water. The proposed fixed pierwould terminate with a proposed L-head
shaped fixed covered platform (12' x 12') extending to the north from the end of the pier. On the southern side of the
fixed access pier, the applicant is proposing to construct a gangway leading down to a proposed floating dock (6' x 44')
extending in a southwesterly direction, parallel with the shoreline.
On the same parcel, south of the above proposed features, the applicant is proposing to remove the existing fixed pier
and damaged floating dock, and proposing to construct a separate fixed access pier (210' x 6') extending in a southeasterly
direction towards the water, perpendicular to the shoreline. Past the edge of marsh, the applicant proposes to construct
another L head shaped, fixed covered -platform (12' x 12') extending to the north from the fixed pier. From the north side
of the proposed fixed covered platform, the applicant is proposing to construct a gangway leading down to a floating dock
(6' x 31') extending in a northerly direction, parallel to the shoreline (See sheets 6-9 of 11 for project drawings of both
docking facilities).
The applicant is also requesting to undertake maintenance dredging in the channel in front of the property, extending
through the entire canal out to the AIWW, within what appears to have been a previously authorized dredge footprint
(see appendix B and CAMA Major Permit 167-75 and associated work plats). The applicant is proposing to dredge to -4'
@ MLW, with an approximate 12' to 20' wide by 625' long box cut. The work is proposed to.be bucket to barge excavation,
and the applicant is proposing to take 700 CY of. dredge. spoil to site on DA-248 outside of the USACE right of way and
adjacent to an existing dike (See Drawings 5-11 of 11, Appendix B and Appendix Q.
10. ANTICIPATED IMPACTS
The northern docking facility would incorporate 444 SF of open water public trust area, shade 816 SF of coastal
wetlands, and incorporate 60 SF of high ground. The northern docking facility would extend approximately 18' into a
water body measuring approximately 75' across. The northern docking facility would be located 278' from the riparian
corridor of the next adjacent riparian property owner.to the north, and 439' south of the closest docking facility to the
north.
The southern docking facility would incorporate 354 SF of open water public trust area, shade 1188 SF of coastal
wetlands, and incorporate 48 SF of high ground. The southern docking facility would extend feet approximately 16' into
a water body measuring 75' across. The southern docking facility would be located 15' north of the riparian corridor line
to the south, and 30' from the closest docking facility to the south.
The proposed dredging would excavate approximately 12500 SF of shallow bottom area and would result in the removal
of approximately 700 &of material from the access channel. The shallow bottom within the project area is classified as
Primary Nursery Area, :and would be deepened from an average existing depth of-1.8' at MLW to a final project depth of-
4' at MLW in an area that has been historically dredged based on past permit history. The disposal of the material would
impact approximately 12500 SF of high ground, which would be located on an existing spoil island owed by Shore Acres
Company (Parcel ID# R06300-002-003-000), atthe confluence of.the AIWW and Shinn Creek (adjacent to USAGE Disposal
Site No. 0251). This site has been historically.used as disposal site by local marine contractors. Minor increases in turbidity
should be expected during the dredging event, however, no long term adverse impacts are anticipated.
Submitted by: Patrick Amico Date: December 28, 2020 Office: Wilmington

ROY COOPER NORTH CAROLINA
EnvironmentalQpattty
Governor
MICRAEL S. REGAN December 28, 2020
Secretary
BRAXTON C. DAVIS
Director Land Management Group
clo Andy Dortch
3805 Wrightsville Ave., Suite 15
Wilmington, NC 28403
Dear Mr. Dortch:
The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent
for Jason, Daniel, and Diane Ruegg, for State approval for development of the subject property located at
6452 Shinnwood Road (parcel M# R06300-0017036-000 and adjacent parcel R06300-001-054-000),
adjacent to Masonboro Sound, in Wilmington, in New Hanover County. It was received as complete on
December 21, 2020 and appears to be adequate for processing at this time. The projected deadline for
making a decision is March 6, 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 December 21, 2020, 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 thatNotice of an application be posted at the location of the proposed
development. Enclosed you will find'a'Notide 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.
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/4 comments from reviewing agencies.
Sincerely,
Patrick Amico, Field Representative
cc: DCM-MHC USACE
City of Wilmington NC-DWR
New Hanover County Jason, Diane, & Daniel Ruegg, Applicants
D_EQ��
North CaroiinaDepartmentofEnvkro ntalQWI1tY I DlvulanofCoastalManagemetrt
Wilmington OF6ae 1127 Cardinal Drive Extension I WllmingtonNorth Carolina 28405
910.796.7215

N0T1(40';1?j
CAMA-PER-M.IT
APPLI ED FO
PRo�ECT: Applicant proposes to construct.two 'fAj
Wilmington, New Hanover County.
COMMENTS ACCEPTED THROUGH Janmm26, 2021
APPLICANT:
Jason, Diane, Daniel Ruegg
6317 Market Street
ming on,
Agent; Land Management Group
Andy Dortch
[phone]
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
12-7 CaMinal or. M.
Wilmington, NC 28405

ROY COOPER
Gurernur
MICHAEL S. REGAN
kcrwmy
BRAXTON DAVIS
Ot ew,.. 0maw nfCaulo/Mmwgemem
December 31. 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice for:
• Christie and Roy Hawkins / New Hanover County
• Dr. Ellis Tinsley / New Hanover County
• Sunset House F8I, LLC / New Hanover County
• Jason, Diane, Daniel Reugg / New Hanover County
Hello Angie: Please publish the attached Notice in the Wednesday, January 6, 2021 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management,
127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy
Springer, (Customer No. 70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington
office.
ort Br. Customer Assistance
cc: MHC Files
Curt Weychert—MHC
USACE
shoe of North Carolina I Fnviroamental Quality I Coastal Management
127 Cardmal Dow Ext., Wilmington, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for a development permits in Areas of Environmental
Concern as designated under the CAMA: On December 23, 2020, Christie & Roy Hawkins proposed to replace
a failing bulkhead at 708 Arjean Dr., adjacent to Pages Creek in Wilmington, New Hanover County, on
December 30, 2020, Dr. Ellis Tinsley proposed to reconfigure a private docking facility & increase slips to
three (3) at 300 Lindy Ln., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County; on
December 29, 2020, Sunset House FBI, LLC proposed to increase a private docking facility to a total of three
(3) slips at 4 Sandy Pt., adjacent to Mason's Channel, Wilmington,New, Hanover County; and on December
28, 2020, Jason, Diane & Daniel Ruegg proposed to construct two separate docking facilities for a total of two
(2) slips w/maintenance dredging at 6452 Shinnwood Rd, adjacent to Masonboro,Sound, Wilmington, New
Hanover County. Copies of these applications .can, be examined or copied at the office of Katharine Elks
(Hawkins, Tinsley & Sunset House F81, LLC), or PatrickAmico (Ruegg)N.C. Dept. of Environmental Quality,
Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone], Katharine
or [phone]; Patrick during normal business hours.
Comments mailed to Braxton C. Davis,, Director, Division of Coastal -Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to January 26, 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 these matters will be provided upon written request.

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DAIEY#-
6452 Shinnwood Road Dredging
James Lee <[e-mail]>
To: "Dortch, Andy" <[e-mail]>
Dortch, Andy <[e-mail]>
Mon, Dec 21, 2020 at 1:43 PM
Greetings, Andy
You have Shore Acres' permission to have your client, Jason Ruegg, place spoil on our Shinn Creek spoil property, as
discussed.
Hoping you and yours have a wonderful Christmas.
Anne Borden Lee, President
Shore Acres Company
On Tue, Nov 17, 2020 at 10:00 AM Dortch, Andy <[e-mail]> wrote:
Greetings Anne,
Thanks for your previous response regarding this project. However, we have adjusted the proposed dredging boundary
based on DCM comments - therefore we would like to request placement of —700 cubic yards of dredge material as
proposed in the attached plan (6452 Shinnwood Road, Jason Ruegg) on your spoil island located on shinn creek. If
agreeable, you could simply respond to this email giving our client permission for use of the island. Once the CAMA
application is approved, I imagine that Adam Knierim would be performing the dredging, and would catch up with you
before placement.
Please let me know if you have any questions. thank you
Andy Dortch I Environmental Scientist (PM) and Safety Manager
Land Management Group I Environmental Consultants
3805 Wrightsville Avenue I Suite 15 1 Wilmington NC 28403
Direct: 910.452.0001 x 1921 1 Cell: 910.471.5012 1 Fax [phone]
4LMG
LAND MANAGEMENT GROUP
a W111MA mmpany

4LMG
LAND MANAGEMENT GROUP
December 11, 2020
TO: Patrick Amico
North Carolina Department of Environmental Quality
Division of Coastal Management
127 Cardinal Drive Extension
Wilmington, NC 28405
RE: 6452 Shinnwood Road, Jason Ruegg
CAMA Major Permit Application Request
Patrick,
Please find enclosed a revised LAMA Major Permit application and supporting materials for the
6452 Shinnwood Road project located on Shinnwood Road, adjacent to Shinn Creek and the
Intracoastal Waterway, Wilmington, New Hanover County, North Carolina. Adjacent riparian
landowner notifications have been sent by certified mail and green confirmation cards are found
in Appendix B.
Please let me know if you have any questions or need anything in addition to accept the
application as complete.
Sincerely,
..raj
,1
Andy Dortch
Land Management Group
Enclosure: CAMA Major Permit Application Package
cc: Jason, Daniel and Diane Ruegg
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403

Application for CAMA Major Development
Permit
For:
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina
Prepared By:
Land Management Group
3805 Wrightsville Avenue
Wilmington, North Carolina
December 2020

Contents
1. Form DCM-MP-1.........................................................
2. Form DCM MP-2.........................................................
3. Form DCM MP-4.........................................................
4. DCM MP-1 Section 6.0 Additional Information ..........
4.1 Section 6. a. Project Narrative ............................
4.1.1 Project Location and Existing Conditions....
4.1.2 Proposed Action ..........................................
Appendices
.1
.6
,. 8
12
12
12
12
Appendix A -Site Location Map and Work Plats
Appendix B-Agent Authorization, Deed, Previous and Adjacent Permits, Surveys, and Adjacent Riparian
Owner Notifications
Appendix C-Spoil Island Location Map, DCM Correspondence and Spoil Island Permission Letter
Application for LAMA Major Development Permit— December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina

4. DCM MP-1 Section 6.0 Additional Information
4.1 Section 6. a. Project Narrative
4.1.1 Project Location and Existing Conditions
The project is adjacent to Shinn Creek at 6452 Shinnwood Road Wilmington, New Hanover County. There is an
existing 80 fixed access pier leading to an additional 30' fixed access pier. An 8' wide x 20' long floating dock
was destroyed during Hurricane Isaias in August of 2020. LMG staff flagged Normal High Water, Coastal and
404 Wetlands in March, 2020 and are currently awaiting approval by USACE and DCM. See Appendix B for
details. Waters in the project area are classified as SA; HQW and Primary Nursery Area. There are no SAV or
shellfish resources present and the area is closed to shellfishing.
The existing channel was originally excavated in 1981 and the spoil material was placed adjacent to the channel.
See Appendix A for historical aerials that show the channel under construction in 1981, completed in 1986 and
still evident in the 1999 aerial. See Appendix B for historical adjacent permits which show approved channel
maintenance. The majority of the channel has been regularly maintained since it's construction, however, due
to the subject property's location at the northern extents, it is the first portion to shoal back in, which current
water depths reflect.
4.1.2 Proposed Action
The property consists of two separate parcels and the applicant proposes to eventually adjust the shared
property boundary pending the completion of the work associated with CAMA Minor Permit 20-37. On the
southern portion of the property the applicant proposes to remove the existing fixed pier and construct a 210'
long x 6' wide fixed pier with a 12' x 12' covered gazebo. A 31' long x 6' wide floating dock is also proposed
with an attached 3' wide access ramp. On the central portion of the property the applicant proposes to remove
the existing fixed pier and construct a 164' long x 6' wide fixed pier with a 12' x 12' covered gazebo. A 44' long
x 6' wide floating dock is also proposed with an attached 3' wide access ramp. There is no additional upland
work proposed on the property. See Appendix A for details.
Due to water depths surrounding the proposed floating docks and within the access channel, maintenance
dredging to -4 MLW is requested within the proposed dredging boundary. An approximate 12 to 20-foot wide
by 625-foot long box cut to -4 MLW will generate approximately 700 cubic yards of dredge spoil. Dredging will
extend to existing -4' MLW depths where applicable within the proposed dredging boundary outside of adjacent
riparian corridors.
Bucket -to -barge excavation is proposed, and the excavated material will be placed on DA-248 outside of the
USACE right-of-way along and adjacent to the existing dike. See Appendix C for details.
The 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.
Application for LAMA Major Development Permit — December 2020
6452 Shinnwood Road
Wilmington, New Hanover County, North Carolina 12

Appendix A -Site Location Map and Work Plats

Appendix 8-Agent Authorization, Deed, Previous and Adjacent Permits, Surveys,
and Adjacent Riparian Owner Notifications

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Jason Ruegg
6317 market st
Mailing Address:
wilmington, NC
Phone Number: 410-703-5329
Email Address: [e-mail]
I certify that I have authorized Land Management Group
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
Major permit for installation of fixed piers and floating docks, and channel maintenance.
at my property located at 6452 Shinnwood Road, Wilmington NC 28409
in New Hanover County.
1 furthermore certify that / 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:
Signature
Jason Ruegg
Print or Type Name
Owner
Title
6 30 2020
Date
This certification is valid through 12 /31 / 2022

Book 6265 Page 2796
BK: RB 6265
PG: 2796 - 2798
NC FEE $2 M
2019038899
RECORDED:
NEW HANOVER COUNTY,
1112812019
REALESTATE
TAMMY THEUSCH BEASLEY
10:53:17 AM
EXTX $2350.00
REGISTER OF DEEDS
BY. ANGEIA ENGLISH
DEPUTY ELECTRONICALLY RECORDED
NORTH CAROLINA GENERAL WARRANTY DEED
Excise Tax $2,350.00
Parcel Identifier No
Property Address: 6452 Shinnwood Road. Wilmiggton. NC 28409
Prepared By. Colby & Mmcey, PLLC
Return to: 10DI Military Cutoff Rd., Suite 204
Wilmington, NC 28405
Brief Description for the Index Metes and Bounds
THIS DEED made this 21" day of November, 2019, by and between
Mary Todd Rullman, unmarried and
Elizabeth Wylie Rullman, unmarried
Jason Ruegg, unmarried and
Daniel Ruegg and wife, Diane Ruegg
Mailing Address: 6452 Shinnwood Road
Wilmington, NC 28409
The designation Grantor and Grantee as used herein shall include said patties, their heirs, successors, and assigns, and
shall include singular, plural, masculine, feminine or neuter as required by context
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that
certain lot or parcel of land situated in New Hanover County, North Carolina and more particularly described as
follows:
See Attached Exhibit "A"
The property hereinabove described was acquired by Grantor by instrument recorded in Book page .
A map showing the above described property is recorded in Plat Book page.
submitted electronically by "Colby & Mincey, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.

Book 6265 Page 2797
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging
to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will
warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions:
Subject to ad valorem taxes; all applicable zoning and land use ordinances, statutes and regulations; and
to the provisions of all applicable restrictive covenants and utility easements of record
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written.
By:
Title:
By:
Title:
By:
Title:
r
Mary Todd Raman
] This property is _ is not my
primary residence
n+ EhzabelA Wylie Rullman f
W This property is �L=.. is not my primary residence
I (SEAL)
A
W
m
ty .J (SEAL)
SRA'[...%W.AMP wim �ANLWGCounty Stateof ROv1 k&wu
Nora "-
�NMl�Af). 9y
n, GeLfC 2
(Entity Name)
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated: Mary Todd Raman and Elizabeth
Wylie Raman
Dated t tit 1110.
My commission expires: kk 114 Printed
County State of
I certify that the following person(s) personally appeared before me this day, each
acknowledging to me that he or she voluntarily signed the foregoing document for the
purpose stated therein and in the capacity indicated-
My commission expires: Printed Name: Notary Public
The foregoing Certificate(s) of is/arc certified
to be correct This instrument and this certificate are duly registered at the date and time and in the Book and Page
shown on the first page hereof.
Register of Deeds for
County
By: Deputy/Assistant — Register of Deeds

Book 6265 Page 2798
M_;�ar, v
FIRST TRACT: Beginning at a point on the western edge of Greenville Sound, being the
southeastern comer of TxactNo. Two of the Howard Penton Subdivision on Greenville Sound as
appears on the map thereof recorded in Book 362, Page 523 % of the Now Hanover Comity
Registry, being also the northeastem comer of Tract No. One of said subdivision, said Beginning
point being also located 150 feet, more or less, along the western edge of Greenville Sound in a
northwa dly direction from an old pipe marking the southeastem• comer of the Howard Penton
Subdivision; running thence from said Begimrmg point, with 64 degrees 17 minutes West 195
feet, more or less, to a pipe; thence North 59 degrees West 441.8 feet to a stake, thence north 33
degrees 2 minutes Bast 141.5 feet to a stake; thence South 73 degrees 46 minutes East 364.6 feet to
a pipe; thence South 64 degrees 17 minutes East 180 feet, more or less, to the western edge of
Greenville Sound; thence along the western edge of Greeravllle Sound in a southwardly direction
250 feet, more or less, to the point of Beginning being all of TractNo. Two of the Howard Penton
Subdivision on Greenville Sound as appears on a map thereof recorded in Book 362, Page 523 'k
of the New Hanover County Registry, reference to which is hereby made for further description;
together with a perpetual easement and riglitof-way over that certain driveway, road. or avenue
described in that certain agreement between William T. Rogers and John Logan Rogers recorded in
Book 85, Page 191 of the New Hanover County Registry; and also the right to use, for the purpose
of ingress and egress, that certain road or driveway described as Easement or Right -of -Way No.
One and No. Two in deed to Marjorie W. Penton from William T. Rogers recorded in Book 253,
Page 541 of the New Hanover County Registry, together with further easement or rightrof-way, in,
through and over that certain mad or drive -way as now laid out over the northern parts of Tracts
Seven, Six and Four of the Howard Penton Subdivision, and across ttactThree thereog and being
all of Tract No. 1 as described and conveyed in that deed recorded in the New Hanover County
Registry633 at Page 112.
SECOND 'TRACT: Beginning at the southwestern comer of Lot No. 3 of the Howard Penton
Subdivision as per map in Record Book 362 at Page 523 %a of the New Hanover County Registry,
and running thence with the somhem line of said lot South 73 degrees 46 minutes East 364.6 feet
to 'the point in said line; running thence South 64 degrees 17 mixes Bast 190.0 feet to the
southeastern comer of said Lot #3 in the edge of GreenvMe Sound; running thence with said sound
North 21 degrees .01 mimites East 953 feet to a point; running thence North 63 degrees 14
minutes West 185.0 feet to a point; running thence North 68 degrees 34 minutes West 330'.6 fed to
the point in the western line of aforementioned Lot #3; n carmig thence with said lot South 33
degrees .02 minutes West 134.8 feet to the point of Beginning; the same being the soirthem one-
half of the aforementioned Lot #3; and also being all of TractNo. 2 as described and conveyed by
that deed recorded in the New Hanover ComatyRegistcy in Book 633 at Page 112.
THIRD TRACT: All of that area lying between the eastern boundary of the property described
and conveyed as Tracts One and Two hereinabove, and the low water mark -of Greenville Sound,
lying between the southern boundary (catended) of Tract One hereinabove and the Nor9cem
Boundary (extended) of Tract Two heremabove; being the same properly described and conveyed
by that deed recorded in the New Hanover County Registry' in Book 628 at Page 694.

Hook 6265 page 2799
BK: RB 6265
PG: 279912812
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DEEU.OF TRUST
When recorded, return to:,
'First -Citizens. Bank&Trust Company.
Attn: Final Document Department
'P.O. Box 11767
Columbia, SC 292111
Thisdocument was prepared by:
FhiNCIOzens Bank &Trust Company,
1314 Park Street,
Columbia, SC 29201•
800-333.6898
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LOAN 0: alis 81 -
MIN "1001'134-'1100g06377-8
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DEFINITIONS MERE PHONE g: 1.888E79.6377�
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Words used In mu8lple sections of,this document ere defined below and other Words am defined in Sections 3;,11,
13, 18, 20 and 21. Certain rules regarding the usage of words used In this document are also provided in Section
(A),"Security Instrument'',means this document, which is dated November 25, 2019, logetherwith
e�
all Riders to this document
3D
(B).`Borrower" is JASON RUEGG, A SINGLE MAN, AND DANIEL RUEGG, A'MARRIED MAN, AND DIANE vo e'o
RUEGG,'A MARRIED WOMAN, as
Borrower is the truster under this Security InsinumsnL;
�(C) YLender" Is . Flist�Cifizena Bank &Trust Company:
Lender is a Corporation,
South Carolina.
29211.'
(0) "Trustee' is ',Neuse, Incorporated,,
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'(E) "MERS" Is Mortgage Eledronio Registiatlon Systems; Inc. MERS is aseparale corporation that is acdng solely,as
a nominee for Londerand Lender's successors and assigns: MERS is the beneficiary underthis Security,Instrumem:
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'MERS is organized the laws Delaware, has Box
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and existing under of and an address and telephone number of.P.O.
2028. Flint, M148501-202e, lei, (898) 879-MERS.
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'NORTN CAROUNin91e FamOy-Fannie unmraddlo Mac UNIFORM INSTRUMENT Form3034 1101
a.v
Nr n
lane Mae. Inc. page 1 ef9 NCEDEED 031E
NCEDEED (CLS)
• 1126/201906:47 AM PST

Book 6265 Page 2800
LOAN 0: 400MS81
'(F), "Note" means the promissory note signed by Borrower and doled, November 26, 2019. . The Note
states that Borrower owes Lender NINE HUNDRED THIRTY NINETHOUSAND EIGHT HUNDRED EIGHTYTWO,
AND NO1100"""•"•".""'"•""""r""""•""••••""••"""•"•"40" Dollam(U.S. $839,882.00 )
Plus interest. Borrower has promised to pay this debt In regular Periodic payments and to pay the debt in full not later
than December 1; 2049. '
(G)."Property" means the proped that is described below under the bead ing'Transfer of Rights In the Property.'
(H) "'Loan" means the Pahl evidenced by the Note, plus Interest, any prepayment charges and late charges one under,
the Note,and all sums -due under this Security Instrument, plus interest
(I) "Riders". means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be
executed by.Borrower (check box as opplicable): "
0 Adjustable Rate Rider ❑ Condorninium Rider '[],second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) (specify)
El 14 Family Rider- ❑ Biweekly Payrnenl Rider "
❑ V.A. Rider
(J) "Applicable Law" means oilcontrolling epplicaele-lederal, stale and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, nomappealable judicial
opinions.
(K) "Community Association Dues, Fees, and Assessments"means all dues, fees, assessments and other charges
that are impased on Borrower or the Property by a condominium assocatlon, homeowners association or similar
W9811l2ation;
(L):"Eloctronic Funds Transfer" means any transfer of funds, other then a tmnsactlori originated bycheck, draft, on
similar,poper Instrument, which is initiated through an electronic terminal, telephoNc instrument, computer, or magnetic
tape so as ta'order; instruct, or authorize a financial Institution to debft or creditan account. Such term includes„butis
not limited lo, point -of -sale transfers, automated teller machine transactions.aansfers Initiated by telephone, wire
,transfers, and automated cleadnghouse transfers,
(M) "Escrow Items" means those dems that are described In Section 3..
(N) "Miscellaneous Proceeds" means any; compensation; sedlement, 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; (0) condemnation or other taking of all or any part of the Property; (ii) conveyance In lieu
of Condemnation;:or,(iv)misrepresentations of,.or omissions as to; the value and/or condition of the Property. , '
(0) "Mortgage Insurance" means Insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "Periodic Paymem" means the regularly scheduled amount due for (I) principal and Interest under the Note, plus
(li) any amounts'under Section 3 of this Security Instrument.
(W "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 el'seq.) and its implementing
regulation, Regulation %(12 C.FR, Part 1024), as they might be amended from time to time, or any addlgonal or
successor legislation or regulation that governs the same subject madec 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 es a'federally related mortgage loan under,RESPA.
(R) "Successor In Interest of Borrower"means any. party that hastaken title to the Property;whelheror notlhal party
has assumed Borrower's obligations under the Note and/or this Security Instrument. '
TRANSFER OF RIGHTS IN, THE PROPERTY,
The'beneficlaryof this Security Instrument is MERS (solely es nominee for Lender and Lender's successors and assigns)
and the soocessars and assigns of MERS. This Security Instrument secures to Lender. (I) the repayment of the Loan,
and'all renewals, extensions and modifications of the, Note; and (1i),Ihe 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 (Type of Recomingdwomctiunl of New Hanover"
(Name ofRemrdlig JudROdlonj: '
SEE LEGAL' DESCRIPTION ATTACHED HERETO AND MADE APART HEREOF AS "EXHIBrT A".
APN 0r 1106300-001-036.000.
which cunen0y has theaddress of '64523himmood Road,Wllmington,
Mean telly)
North Carolina, 294.W2117 ('Property Address');
iLp Cade)
TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together whit
all the Improvements now or hereafter ejected on the propedy,'and all easements, appurtenances, and Mures now of
hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument A0 of
the foregoing is referred to in this Secunty Instrument as the'Pmperty,'. Borrower understands and agrees that MERS
NORTH CAROLINA�Sligis Famdy=Fannra MaarFroddla Mac UNIFORM INSTRUMENT Form 30341101
Eno Mae, Inc Page 2 of 9 NCEDEM 0115
NCEOEED (CLS)
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Book 62" Page 2901
LOAN #:4 1184581
holds only legal fitie to the Interests granted by Borrower In this Security Instrument, but, if necessary to comply with
law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or
all of those Interests. including, but not limited to, the right to foreclose and sell the Property; and to take any action
required of Lender Including, but not limited to, releasing and canceling this Security Instrument.
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 or record, Borrower warrants
end will defend generallythe line to theProperty against all claims and demands, subjecttoany encumbrances of retard,
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 properly.
UNIFORM,COVENANTS: Borrower and Lender covenant and agree as follows:
1., Payment of Principal, Inlerae4 Escrow Items, Prepayment Charges, and Late Charges. Borrower shell pay
when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges
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 Ibis Security Instrument be made in one or morn 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 uponlen 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 of the location designated In the Note or at such other
location as may be designated by Lender Ili 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 fn 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 a prejudice to its rights to'refuse, such payment of 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 Lentler need not pay Interest on unapplied funds. 'Lender may
hold such unappfied, 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 Underthe'Note Immediately prior to foreclosure. No offset of
claim which Borrower might have now or in the future against Lender shall reteve Borrower from making payments due
under the Note and this, Security Instrument or performing the covenants and agreements secured by this Security
Instrument 1-
2. Application of Payments or Proceeds. Ekceptasotherwise described In this Section 2, OR 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 undeNBectlon 3. Such payments shall be applied to each Periodic Payment in the
order in which it became due. Any remaining amounts shall be applied firstlo late charges, second to any otherarrounls
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. It 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 furl; 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 firstto 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 dale, or change the amount, of the Periodic Payments.
:3. Funds for Escrow Items. Borrower shall pay to Lender on lho 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) taxe's 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, 8 any; (c) premiumsfor any and ell 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 previsions of Section 10. These Items are called
'Escrow 8ems.' At origination or at any time during the term of the Loan. Lender may require that Community Association
Dues, Fees, and Assessments, if any. be escrowed by Borrower, antl such dues, fees and assessments shell be an
Escrow Item, Borrower shall promptly furnish to Lender all notices of amounts to be paid underthis Section: Borrower
shalt 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, it 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. It
Borrower Is obligated to pay Escrow Items directly; pursuant to a waiver, and Bonowerfalls,to pay the amount due for
an Escrow Item, Lender may exercise its rights under Sedfon 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 to
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 underRESPA, and (b) not to exceed the maximum amount 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,
NORTH 6AROL1NAShlila Family-Fannio MaWFreddis Mac UNIFORM INSTRUMENT Form 000r U01
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LOAN 0.' 40084681
The Funds shall be lield in an Institution whose deposits are Insured, by a federal agency, Instrumentalily,i6r entity.
(Including Lender, if Lender Is an instnutlon whose deposits are so Insured) or in any Federal Home Loan Bank, Lender
shall apply the Funds to pay the Escrow Ilems.no later than the time specified under RESPA. Lender shall not charge
Sommer 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 orApplicable Law requires interest to be paid on the Funds, Lender shag not be required
to p'ay Borrowerany 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 Win RESPA. if there is a shortage of Funds held in escrow, as defined under RESPA, Lender
Shall 'riolifyBorrower 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 escmw, as defined under RESPA,;Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender the amount necessary.lo make up the deficiency in accordance with RESPA, but In no more than 12 monthly
payments. - .
Upon payment in full of an sums secured by this Security, Instrument, Lender shall promptly refund to Borrower any
Funds hold by Lender.
4. 'Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the
Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property,
Ifany, and CommunityAssociadon Dues, Fees, and Assessments, fl any. To the extent that these items are Escrow Items,
Borrower shall pay them in the manner.provided in Section 3.
Borrower shag promptly discharge any lien Which has priority ever 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 fade by, or defends against enforcement of the
Ilenrn, legal proceedings which In Lender's opinion operate,to prevent the enforcement of the lien while those
proceedings are pending, but only until such,pioceedingsare concluded; or'(c) secures from the holder of the Hen an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property 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 -Vinci aerge for a real estate tax verification and/or reporting service used
by Linder In cannecboowith 'this Loan.' '
6. Property Insurance. Borower 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 goods, for which Lender requires insurance. This Insurance shall be maintained in
the amounts (including deductible levels) and for the periods that Lender requlias, 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 -lime charge for flood'
zone determination, certification and tracking services; or (b) a one -lime charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which reasonably might
effect such determination or certification. Bonmver shall also be responsible far the payment of any fees Imposed by
the Federal Emergency Management Agency In connection with the review of any,good zone determination resulting
from an objection by Borrower.
'If Borrower fails to -maintain any of the coverages deserlbed 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 w might net protect Borrower, Borrower's equity in
the Property, 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 signlficsnlly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lender
underthis Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall
bear interest at the NoW rate from the dale of disbursement and shall be. payable, with such Interest, upon notice from
Lender to Borrower requesting payment.
All insurance policiesrequired by Lender and renewals of such policies shall be subject to Lender's fight 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 damageto, or destruction of, the Property, such pofcy shall
Include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of Ioss,.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 repaiHs ecenomically feasible and Lender's security is not lessened. During such repair
end restoration period, Lendershall 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 adjustors, or other third parties, retained by Borrower shall not be paid out
of theinsuranca 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 La 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 shag
be applied in the order provided for in Section 2.
NORTH CAROt1NA- OqW Fmlil Fannla 1028N` WEIe Mac UNIFORM INSTRUMENT Farm]0061101
EOIe Mar. Inc Page 4 of 9 NCEDEED 0315
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Hook 6265Page 2603
LOAN k: 40084581
If Borrower abandons the Property, Lender may rile, negotiate and settle any available insurance claim and related
matters: If Borrower does not respond within'3D days to a notice from Lender that the Insurance carrier, has offered to
settle a claim, than Lender may 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 ell insurance policies covering the Property, insofar as such rights are applicable to the
coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security Instrument, whether or not then due.
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 it least one year after the date of occupancy, unless Lender otherwise agrees In writing, which consent
shall not be unreasonably withheld, or unlessextenuating 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 Property. 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 5lhat repair or restoration is not economically feasible,
Borrowenshall 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, Borneverchall be responsible
for repaldng or restoring the Property only If Lender has released proceeds forsuch 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 compteted.'If the
insurance or condemnation proceeds are notsufficient to repair or restore the Property. Borrower Is not relieved of Borrower's
obligation for the completion of such repair or restoration.
Lendei or its agent may make reasonable entries upon and Inspections of the Property. If it has masonable mum
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 oau se.
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 directlon of Borrower or with 8errower's knowledge or consent gave materially
false, misleading, or Inaccurate information or statements to lender (or failed to provide Lender with material infomlallon)
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 ofLender's Interest in the Property and Rights Under this Security Instrument. If(a)Borrower
falls to perform the covenants and agreements contained In this Security,Instrurri (b) there is a legal proceeding that
might significantly affect Lender's Interest in the Property andlor rights under this Security Instrument (such as a
proceeding in bankruptcy, probate, for condemnation orforfeiture, for enforcement of a lien which may attain priority
overthls Security Instrument orto enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender
may do and pay forwhatever is reasonable or appropriate to protect Lender's Inlemitin 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 (c) paying reasonable adomeys' fees to protect its interest in
the Property, and(or,rights under this Security Instrument, Including its secured position in a'bankfuptcy proceeding:
Securing the Property Includes, bul,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 tender may take action under this Section 9, Lender does not
have to do spend Is dot 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 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear Interest at the Note rate from the dale o1'disbursement and,shall be
payable, with such Interest, upon notice from Lender to Borrower requesting payment.
If this Beautify Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall
not surrender the leasehold estate and Interests herein conveyed or terminate or cancel the ground lease. Borrower shall
not, without the express whiten consent of Lender, alter or amend the ground 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 premlurnarrequired 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 Ina premiums for Mortgage Insurance.
Borrower shall 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 effecL Lender will accept, use and retain these payments as a non-
refundable less 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, it permitted underApplicable Law. Lender can no!anger 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
undorApplleable Law, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance
ends in accordance with any whiten agreement between Borrower and Lender providing for suih lerrnlnation 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 Note.
NORTH CAROLINA-Single Famly-FaaniaW Fraddla Mac UNIFORM. INSTRUMENT Form IGU1+01
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'LOAN ft:40084581
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur If
Borrower doesnot 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 Mace 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
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 avaifable,(which may includefunds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser ofihe Note, another Insurer, any reinsures 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 forsharing or modifying the
mortgage insurers risk, orreducing losses. If such agreement provides that an atfifate of Lender takes a share of the
Insurer's risk In exchange fora 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 agieed'lo-pay for Mortgage
Insurance, crony otherterms of the Loan. Such agreements will not Increase the amount Borrowerwill owe for
mortgage Insumncerand 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 cr any other law. These rights may Include the right to
receive certain disclasures, to request and obtain cancellation orthe Mortgage Insurance, to have the Mortgage.
Insurance terminated automatically, and/or to receive a rotund of any Mortgage Insurance premiums thatwere
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 restorebon 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 penotl, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opponfund
to inspedsuch Property to ensure the work has been completed to Lender's 6Btisfacdon, provided the such inspection
shall be undertaken promDtty. Lender may pay for the repaim end restoration in a single disbursement or In a series of
progress payments as
the wodf is completed. Uafess an agreement is made in writing orApPlleable Lew requires Interest
to be
paid on such Miscellaneous Proceeds, Lander shall rat be equiretl to pay Borrower any Interest or earnings on
such Miscellaneous Proceeds. If the restoration or repair )snot economically feasible 6r Lenders security Would be
lessened the Miscellaneous Proceeds shall ba applied to the Bums secured by this Sewrity Instrument, whether or not
then due, with the excess; II any, paid b Borrower Such Miscellaneous Proceeds shall be apPlled in the order provided
for In Section 2
In the eventof a total taking, destruction, or loss in value of the Properly, 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 a( a partial taking, destruction, of loss In value olthe property in which the fafrmarket value of the Property.
Immediately before the partial faking, 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, destrucion,mr loss in value divided by (b) the fair market valueef the Property immediately
before the partial taking, destruction, or loss In value: Any balance shell 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 olittle Property
Immediately before The partial taking,' destruction, or loss In value Is less khan the.amount of the sums secured
Immediately beforethe 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, afternolke by Lender to Borrowerthat the Opposing Party (as defined
In the next sentence) offers to make an award to settle a claim for damages;,Borrower tails 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.
Bonower shall be In default if any action or proceeding, whether civil of criminal, is begun that, In Lenders 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 Lenders Interest In the Property 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 Bpplied In the order
provided for in Section.2.
' 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the timefor. payment or
modificalbn of amortization of the sums secured by this Security Instrument granted by Lender to Borrower of any
.Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors In Interest of
Borrower. Lender shall not 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, Lenders acceptance of payments from third
persons, entities orSuccessors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver
of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-slgnera; Successors and Assigns Bound. Borrower covenants and agrees
that Borrowers obligations and liability shell be jolntand several. However. any Borrower who ce-signs this Security
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Instrument but does not execute the Note (a'co-slgnef): (a) is co-signing Ihis Security Instrument only to mortgage,
grant and"convey the cosigner's interest in the Property under the terns of this Security Instrument; (b) is not personalty
'obligated to pay the sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower can
.agree to extend. modifg'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 bl Section 18, any Successor In Interest of Borrower who assumes Borrower's obligations
'underthis Security Instmment in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits
Under this 6ecurity Instrument. Borrower shall not be released from eorrcwei'a obligations and liability under this
Security Instrument unless Lender agrees to such releasein writing. The covenants and agreements of this Security
Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender,
14. Loan Charges. Lendermay charge Borrower(eesforservices pedomtedmconnec0on with Borrowers default,for
ma pupose otprotecting Lenders intereslin the Property end rights underthis Security Instrument, Including, burner Ilmged
to, altar eys'fees, property.inspection sort va uaion fees. In regaM to any other fees, the absence of express a Nwdty in
this Security Instrument to charge a spedfie lee to Borrower shall not ba consWed as a prohlDltbn on the Utarging of such
fee. Lender may not charge fees that ere expressly prbhibged by Ihis Seturrty Instrument or by Applicable Law.,
If the Loan is subject W a lawn which sets maximum loan charges, end Ihat law Is bnely interyteted so that the Interest
or other loan charges collected dire be collected in connec0on wgh the Loan exceed the permitted limits, then: (a) any
such loaricharge shall be reduced by the amount necessary to reduce the charge to the parmllted limit; and (b) any
sums already collected from Borrower which exceeded permitted limits will be rofunded to Borrower. Lender may choose
to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund
reduces principal; the reduction will be treated as a partial prepayment without any prepayment charge (whether or not
aprepayment charge 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.
16. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be In writing.
Any notice to Borrower in connection with this Security Instrument shall tie deemed to have been given to Borrower when
maned by first class mail'or when actually delivered to Borrower's notice address it sent by other means. Notice to any
one Bordner 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 norms to Lender.
Borrower shall promptly notify Lender. of Borrowers 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 only one designated notice address under this Security Instrument at any on time. Any notice to Lender
shalFbe given by delivering It or by mailing it by first class mail to Lenders address stated herein unless Lenders 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; Severabllily; Rules of Construction. This Security Instrument shall be governed by federal
law and the taw of the jurisdiction in which the Property Is located, An rights and obligations contained in this Security
Instrument are subject to any requirements and rannations of Applicable Law. Applicable Law might explicitly or implicitly
allow the parties to agree by contract or it might be silent, but such silence shell not be construed 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 not effect other provisions of this Security Instrument or the Note which can be given
effect without the conflicting provislom
As used in this Security Instrument (a) words of the masculine gender shag mean and Include corresponding neuter
wordsor words of the feminine gender, (b)words in the singular shall mean and Include the plural and viceversw 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 Property or Interest In the Property Is sold a transferred (or If Borrower is not a natural
person and a beneficial interest In Borrower Is sold or transferred) without Lender's prior written consent; Lender may
require Tmmediale payment in full of an sums secured by this Security Instrument. However, this option shall not be
exercised by Lender C such exercise is'prohibited byAppiicable Law:
If. Lender emcisef 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 Sectlon15 within which Borrower must pay
all sums secured,by [his Security Instrument If Borrower falls 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 to reinstate; or (c) entry of ajudgment enforcing
this Security Instrument. Those conditions are that Borrower, (a) pays Lender all sums which then would be due under
this Security Instrument and the Note as it no acceleration had occurred; (b) cures any default or tiny other covenants
or agreements; (c),pays all expenses Incurred In enforcing this Security Instrument,,including, but not limited to,
reasonable ahomeys' fees, property inspection and valuation fees, and otherfees incurred for the purpose of protecting
Lender's interest in theProperty and: rights under this Security Instrument; and (d) lakes such action as Lender may
reasonably require to assure that Lender's interest In'lhe 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 expehses,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 instgution whose deposits are insured by a lederalagency, Instrumentality or entity;
or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured
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hereby shall remain fully effective as if no acceleration had occurred; However, this right to reinstate shall not apply In
the case o1 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 mote limes 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 lnslru'treat and performs, other mortgage loan servicing obligations under the Note; 1his,Security
lnstnuirml, andAppllcable Law. Thera also might be one or more changes of the Loan SeMcor unrelated to a Salo of
the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will elate,
the name and address of the new Loan Servicer, the address to Which payments should be 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"Servlcer and are not assumed by the Note
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
of 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 hatred the other parry (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 16 take
corrective action. If Applicable Law provides a time period which must elapse before certain action can be lekert that
time period will be doomed to be 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 Saction
18 'shall be deemed to satisfy the nodoe 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, mwastes by Environmental Lew and the following substances: gasoline,
kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials
containing aslowtosorformaldehyde, and radioactive materials; (b)'Envbonmenlal Lew' means federal laws and laws
of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (a)
'Em AronmentatCleanup' includes any response action, remedial action, or removal action, as defined In Environmental -
Law; and l) an 'Environmental Condilion' 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).
Bonowershall promptly give Lenderwritten notice of (a) any investigation, claim; demand, lawsuit or other action
by"any governmental or regulatory agency or private parry Involving the Propany 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 (c) any tondillm
caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property..
If Borrower learns, or is noll0ed by any governmental or regulatory, aulhonly, or any private party, that anymmovai or
.Other reerediation, of any Hazardous'Substance affecting the Property is necessary, Borrower shallpromptiytake all
necessary remedial actions in accordancawhh 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; Remedles; Lendershall give noticeto Borrower prior to acceleration following Borrower's
breach of any covenantor 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 actmn.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 he cured; and (d) that failure to cure 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 Property. The notice shall further
inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding
the miri4zistence, of a default or any other defense of Borrower to acceleration and sale, If the default is not cured
on or before the date 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 be entitled to collect all expenses Incurred in pursuing the
remedies, provided In this Section 22,16cluding, but not limited to, reasonable attorneys' fees and costs of tide
evidence.
If Lender Invokes the power of sale, and it 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
Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at
public auedon to the highest bldder.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. Lender or Its designee may purchase the Property.
at any sale.
Trustee shall deliver to the. purchaser Trusteo's deed conveying the Property.wilhout any, covenant or
warranty; expressed or implied. The recitais In the Trustee's deed shall be prima facleevidence of the truth Of
the'statements made therein. Trustee shall apply the proceeds of the sale In the following, order, (a) to all
expenses of the sale, Including, but not limited to, Trustee's fees of 0.00 e% of the gross'sale, price; (b)
to all sums secured by this Security Instrument; and It) any excess to the pereon or persons legally entitled to
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It. The Inte-rest 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 InstrUrient shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender 'may charge
Borrower a tee for releasing this Security Instrument, but only If the fee is paid to a third party for services rendered entl
Ifie cb'arging of the fee Is permitted underApplicable Law. -
. 2C Substitute Trustee. Lender may from time to time removeirustee 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 conveyanceof the Properly; the successortrustee shall succeed to all the htle, power and du_tles conferred upon
Trustee herein and by Appllcable Law.
2S. Attorneys' Fees. Attorneys' fees must be reasonable.
BY SIGNING UNDER SEAL BELOW; Borrower accepts and agrees to the terms and covenants contalned In this
Securitylnstrument and In any Rider executed by Borrower and recorded with A.
Seal)
STATE of NORTH CAROLINA' )
SS:
COUNTYof 1X(�W 1�I C-nc,>,'t }
I certify that the following person(s) personally appeared before me this day, each acknowledging to me that
he or she voluntarily signed the foregoing document: JASON RUEGG AND JASON RUEGG, AS AGENT IN
'FACT FOR DANIEL RUEGG AND JASON RUEGG, AS AGENT IN FACT FOR DIANE RUEGG.
Date3.1. 'I�/�u��t'I'1 (6m let Seal)
r.
Official Signature of Nofftary 1�) OP flOTggM�
otary printed of typed name, Notary Public
sZ pV;
My commission expires:
Lender: First-C)tizene Bank &Trust Csmpany
NMLS ID: 503941
Loan Originator. Rebecca J Hough
NMLS ID: 664322
NORTH CARDI.INA=Single Family-Fannla Mnff` eddla Mac UNIFORM INSTRUMENT Form 30M 1101•
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ioa�k 6265 Pa-ge'280 8
STATE OF NORTH CAROLDU
C0L.T,NTY OF NEW HANOVER
J, Carrie L. Mincey, , a Notary Public for New Hamover County, North Carolina, do hereby
'cerdfy that
Jison Rueggas-ketommy-in-Fact for DanietLu" RuegganA Diane Louise Ruc
.99
p appeared before me this -day; and being Eby me dulyswora,.sayp that (s)ht;'eze=ted the
instrumentForegoing and annexed ro'.,cd in behalf of Daniel Ludwig Rtieg�- and Diane.Ldtiise
Rugg and that his authority to execute and 2eknowledge saidinstrunteat is I contained in ininstmarent
'duly execut.edacknomledged, aod,xecoxdet in the Office of the Ncw,Hanovei County, Nuith
Carolina, Register: of Deeds at BbokfiM Page IM on the 2.5� day of November, 2019., and that this
,instiment was executed unclei and byvirtue of the authority given by said instrument granting hurt
power of 26mey; that the said Jason Ruigg acknowledged the due "ecudon of the foregoing and
turnexedinstrument forthe purposes therein expressed forandin behalf of thesaid forDardel Ludwig:
R"and Diane Louise Ru,egg.
WITNESS,my hand,snd offid,!lfAe4 this 256 difof i4ov=ber, 2019. -
Nqrm.ypumio-✓ L
My Commission eXpjrq:
nu
"
PUBVV

seek '6265 Ba9e 2909
LOAN 0: 40094581
MIN: 1001134-.11000053774
FIXEDIADJOsTmLE RATE;RIDER
(LIBOR One -Year Index (As Published In The WaPStreat Journal) -Rate Caps)
THIS FIXED/ADJUSTABLE RATE RIDER is madethis 25th day of
NDversber,2019; ' and is,incorporated into and shall be deemed to amend and'
supplement the ,Mortgage,. Deed; of Trust, or Security Deed.(the "Security InsRu7
ment"�)) of t same date given by the undersigned ("Borrower') to secure; Borrower's
Fixed
lAdjustable
Rate Nate the
"Note1) to First-cHlrens Bank&Trust company, a'
Corporation '
('Lender'
of 1he.same data andlcovering the property described in the_Security Instrument a2
located at: s452 Shinnwood Road, Wlimington, NC 211409-2117.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in
1he,Secur ty Instrument, Borrower and Lender further covenant and agree as follows:
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an Initial fixed Interest rate Of, 3.490 %. The Note also
provides fora change,in,the Initial fixed rate to an adjustable interest rate, as follows:.
4. ;ADJUSTABLE INTEREST RATE -AND MONTHLY PAYMENT CHANGES
:9nifial fixed interest rate twill pay will change to an adjustable. interest rate on the
day of December, 2029, and the adjustable interest rate I will pay may
a on that day every .12tti . month thereafter. The date on which my initial
Merest rate changes to an adjustable interest rate, and each date on which my
We Interest rate could change, is'called a'Change Dale
Change Date, my adjustable interest rate will be based
the average of Interbank offered rates for one-vear U.&
lose anew index that is.
me notice of this choice.
h Change Date, the Note Holder will calculate m new interest rate by
: AND ONE44ALF percentage Pelnt(SM.500 % - , )
to the Current Index. The Note Holder will then round the result of this
nearest one -eighth of one percentage -point (0,125%). Subject to the
Section 4(D) below,'this Founded amount will be my new Interest rate
line the amount of the monthly paymentthat would
cipal that I am expected to owe at the Change Date
v interest rate in substantially equal payments. The
new amount of my monthly payment.
MULTISTATE MEWADJUSTABLE RATE RI0ER.W3J OnwYanr LIo1cFt gle Fam1y-Fannta Mae Unlrorm Instrument
,Fonn 3187 6101 trov.6116)
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Baal- 6265. Page 2810
LOAN g_ 40084661 .
(D).Umits,on Interest Rate Changes
The interest rate l am required to pay at the fiist Change Date will not be'greaterthen
6.490 % or less than 2250 %. ' -Thereafter, my adjustable Interest rate will never
be increased or decreased on any single Change Date by more than
TWO ' percentage point(s) ( 2.000 °% ) from the rate
of interest I have been paying W the preceding 12 month(s): My interest rate will.
never be greater than 9A90 % or less than 2.260 %.
B. *RAN"
Date of Changes
=st rate will become effective on eachChang'e Date; I will pay the
v monthly payment beginning on the first'monthly payment date after
until the amount of my monthly payment changes again.
Changes.
far wi6 deliver oF.mali tome a notice of any changes In my ini6al'fixed
adjustable Interest rate and of any changes nmyadjustableinterestrate
e date of any change. The notice will include the amount of my monthly
)rmation required by, law to be given to me and also the title and tele-
a person who will answer any question I may have regarding the notice.
for
rlerest rate changes to -an adjustable interest ral
above, Uniform Covenant 18 of the Security Instrl
a Beneficial Interest In Borrower. As used In
opeity' means any legal or,beneficial Interest In
iced to. those beneficial Interests transferred in a .
from the date the
wrower must pay.
2; .When Borrower's initial fixed Interest rate changes to
shall then cease to be In effect, ano
ily Instrument shall be amended to r
a Beneficial Interest in Borrower.
a
the
T.
in
a
. the loan assumption and that the risk of a breach of any covenant or agreement
in this Security Instrument is acceptable to Lender.,
MULTISTATE FIXED/ADJUSTABLE RATE RIDER•WSJ OnaYvw UaORU9W Fen°Tj•Panine Mai Unifam lmtiun 1.
Fmm 0187 a101.I= altaf
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LOAN >ti: 400348S1
To the extent permitted byApplTcable Law, Lendermay charge a reasonable fee
as a condition to Lender's consentto the loan assumption. Lenderalso may require
the transferee to sign an assumptlomagreement that Is acceptable to Lender and
that oblinates the transferee to keep all the promises and agreements made In the
Section
notice oeaemand on Borrower.
BYSIGNING BELOW, Borrower accepts and agrees to the'temts: and covenants
contained In this Fixed/Adjustable Rate'Rlder.
"menu Duerr_ wen _ r �u ewrvr ene n wur eur _�
MULTISTATE FIxEDIAQIUSTAUS RATi RIDER." Ow-Yeat(190RSIngle Feinw, anal@ Mae Uei7nm i"in want
Foen J16781a7 (m�. 61181 '
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