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HomeMy WebLinkAbout3-20 Gould, ScottPertait Class NEW Permit Number 3-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission COPY RECEIVED Vermit JAN 13 2020 for DCM-MHD CITY X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to Scott Gould 116 Parmele Blvd., Wrightsville Beach, NC 28480 Authorizing development in New Hanover County at adi. to Banks Channel, at 116 Parmele Blvd., in Wrightsville Beach as requested in the permittee's application dated 8/3/19 (MP- 1) 8/12/19 (MP-2 4) including attached workplan drawings (3), all dated 8/12/19. This permit, issued on January 2, 2020 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation if these terms may be subject to fines, imprisonment or civil action; or may cause me permit to be nuts ana vota. Docking Facility 1) This permit authorizes only the demolition of the existing dicking facility and the construction of the docks, piers, 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 authorized structures and associated activity shall not cause an unacceptable interference with navigation, and shall not exceed the established Wrightsville Beach pier head line. (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, 2023 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 Scoff Gould ADDITIONAL CONDITIONS Permit No. 3-20 Page 2 of 4 3) 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. 4) 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. 5) This permit authorizes a maximum of 4 formalized boat slips. 6) 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 areas of riparian access. 7) The authorized covered platform 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. 8) The roof of the covered platform shall not be designed for second story use. 9) 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. Excavation 10) No excavation shall take place outside of the area indicated on the workplan drawings 11) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. 12) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 13) 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 drawings. Spoil Disposal 14) No spoil material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead, once properly dried. 15) 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. RECEIVED JAN 13 ) DCM-MHD CITY Scott Gould Permit No. 3-20 Page 3 of 4 ADDITIONAL CONDITIONS 16) Spoil from the authorized dredge footprint shall be dewatered before use as backfill. All remaining backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 17) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 18) 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 permittee's signature shown anew on the original plan. USACE Conditions 19) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/iie-es-/manimal/manatee guidelines.pdf. General 20) 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. 21) 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. 22) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-02049). 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. 2019-1127. RECEIVED JAN 13 2020 DCM-MHD CITY S1.4 cott Gould ADDITIONAL CONDITIONS Permit No. 3-20 Page 4 of 4 NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 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 mean high water level. NOTE: An application processing fee of $400 was received by DCM for this project. RECEIVED JAN 13 2020 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Scott Gould COUNTY: New Hanover PROJECT NAME: Scott Gould LOCATION OF PROJECT:116 Parmele Dr. Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9124119 FIELD RECOMMENDATION: Attached: No To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a FIELD REPRESENTATIVE: Patrick Armco DISTRICT OFFICE: Wilmington DISTRICT MANAGER REVIEW: Ron Renaldi B) DATE RECEIVED BY MAJOR PERMITS UNIT: _10/18/19_ FEE REC'D: $400 (100916) PUBLIC NOTICE REC'D: XXXXX ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: _Bodnar C) 75 DAY DEADLINE: 12/8/19 MAIL OUT DATE:10/18/19 END OF NOTICE DATE: XXXXX DEED REC'D: 10/18/19 ON: _10/18/19 150 DAY DEADLINE: Z 2t Lc� STATE DUE DATE: 11/8/19 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Representative toltgI 0/ DCM — LUP Consistency Determination Local Permit Officer Corps of Engineers— Regulatory Branch DWR-401 Section q 7-7119 Zoli —�127 DWR— PublicWaterSupply l r]f) 1< DEMLR — Stormwater Management DEMLR — Sediment and Erosion t lS` k State Property Office Wildlife Resources Commission DMF — Shellfish Sanitation Section DMF — Habitat & Enhancement ul;i K DNCR — State Historic Preservation Office t(�r�l �q >c DNCR — Natural Heritage Program NCDOT DCA — Rural Economic Development RECOMMENDATIONS FOR Gould c/o Clements Marine Construction 10/15/19 The total area of platform was calculated as follows: Shoreline length = 100 LF x 8 SF/LF = 800 SF allowable Proposed gazebo (16 LF x 16 LF) = 256 SF Proposed floating dock (32 LF x 8 LF)+(16 LF x 6 LF)+ (16 LF x 6 LF) = 448 SF Proposed 'bumpout' (5 LF x 4 LF) = 20 SF Total = 724 SF It appears that the project is CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6), including the eight - square foot rule, the quarter width rule, and would not encroach into the 15' adjacent riparian corridor setback requirement. The proposed facility appears to meet the Town of Wrightsville Beach's Pierhead line. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard conditions for private docking facilities. It appears that the project is also CONSISTENT with NCAC 07H .0208(b)(1) in regards to dredging, including the disposal of dredge spoils, as long as the dredge spoils are de -watered landward of the 30' buffer from Normal High Water and stabilized in the process. 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 a permit be issued subject to the standard conditions for dredging. RECEIVED OCT 18 uJ9 DCM-MHD CITY 0 NORTH CAROLINA Gurrrumnenlal Qealijj- October 23, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregq.66dnarM DElSR�gov SUBJECT: CAMA/Dredge and Fill Application Review Applicant: Scott Gould ROY COOPER Gowowr MICHAEL S. REGAN $em,laq BRAXTON DAVIS Doeamn Dlw wn nfcoa tol ,19nnogeme u Project Location: 116 Parmele Blvd., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Construction of a new four (4) slip docking facility with associated dredging of docking facility footprint to connecting water depths. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 17, 20199 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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 Shannon Jenkins RECEIVED A EGEG NCY NC DMF - Shellfish Sanitation OCT 2 8 2019 sic`NATURE for Shannon Jenkins MP SECTION MHD DATE 10/28/2019 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wihnington, NC 28405 919 796 7215 VOCTT9ROY COOPER (imm"uv 2019 MICHAEL S. REGAN �. i tiecmlup• HABITAT&ENHANCEMENT BRAXTON DAVIS NORTH CAROUNA !)ireel+m, Dirieim+ rf("'wln( /annrrtnnaun+l4hxduA Almmgenrenf October 23; 2019 MEMORANDUM: -FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of CoastahManagement 400 Commerce Avenue, -Morehead City, NC 28557 Fax. 252-247-3330 Courfer 11-12-09 greco.bodnar o(�NCDENR.cov SUBJECT:' CAMA /Dredge and'Fill Application Review Applicant:' Scott Gould Project Location: 116 Parmele Blvd., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Construction of a new four (4) slip docking facility with associated dredging of docking facility footprint to connecting water depths. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November2 # 099) If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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 o ,thelproposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons•descdbed'in the attached comments. PRINTNAME f (7-1(S W �`tGKe;R--r AGENCY, Nc.1�M F DATE "ECEI Y GD OCT 3 1 2019 MP SECTION MHD State of North Carolina I Environmental Quality I Coutal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 ""gyp ROY COOPER V' 4:.or.•rnur 61ICHAEL S. REGAN ,lh%aml NORTH CAROLINA BRAXTON DAVIS �i)¢r(U/Llt,vue%f/t/✓/rII I)m•..ra Ark"") "If """'d - IIUAM2iAIJ1/' October 23, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits. Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue; Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12-09) g_rea'a"ibodnarCayNCi7ENR�gov' SUBJECT: CAMA /Dredge and Fill Application Review Applicant' Scott Gould Project Location: 116 Parmele Blvd., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Construction of a new four(4) slip docking facility with associated dredging of docking facility footprint to connecting water depths. Please indicate below your agency's position or viewpoint on the. proposed project.and return this form to Gregg Bodnar at the,address above by (Yov r tbef.1�, 2019? If you have any questions,,regarding the proposed ,project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depthcomments 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. PRIM NAME Miklk 'own AGENCY-- QG.O �u6/!C tib�V Sw1ply SIGNATURE -A" -loan DATE to -3Q-lR RECEIVE® OCT 2 9 2019 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 CaMinal Drive Ext., Wilmington, NC 28405 919 796 7215 NORTH CAROLINA Fnv+ronn:eNu! Ou:rfrr October 23, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 Courier 11-12-09) ar qeg bodnar(@NCDENR.00v SUBJECT: CAMA /Dredge and Fill Application Review Applicant: Scott Gould ROY COOPER Gowilor MICHAEL S. REGAN Secretary BRAXTON DAVIS, Dinuor, Uhasmn ofl'rmrml Afawgernenr Project Location'. 116 Parmele Blvd., adjacent to,Banks Channel in Wrightsville°Beach, New Hanover County Proposed Project: Construction of a new four (4) slip docking facility with associated dredging of docking facility footprint to connecting water depths. Please indicate below your agency's position or viewpoint on the proposed project and return.this form to Gregg Bodnar at the address above by N evo tuberl7, -20.1% if you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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** 14 atA-P This agency has no comment on the proposed project. � pfeJ This agency approves of the project only if the recommended changes P" ',�l 1 �l,w�l are incorporated. See attached. j This agency objects to the project for reasons described in the attached comments. AEGNCj SIGNATURE DAT 6,1a- &ffv_--,� RECEIVE® tJ-C.(�60 Ji- /,2.- <?U) 7 Slate of North CwhnaI Enviromnenlal Quality I Coastal Management 127 Cardinal Dace Est, Wilmington, NC 28405 919 796 7215 NOV 1 2 2019 P SECTION MHD NCW' n(1�r.)(7vvv Received: 10/24/2.019 October 23, 2019 MEMORANDUM: !FROM;. SUBJECT: :Applicant: Project Location: Proposed ,Project: State Historic Preservation Of m'cooe.ER " fimvnr:r GieggjBodnar,.Assistant Major Permits. Coordinator NCDEQ;- Division of Coastal Manag'ement._ 400 00mmerc6 Avenue; Morelia* "City, NC'28557 Faxt 252-247-3330 (Courier 1.1-12-09). aread. bodnar NCDENRaov CAMA'/,Dredge:and Fill Application Review MICHAHL S: REGAN _ A M,, ERAXTON DAvIS- Din'non Dii ,wo ofCadstar ,Irurng:inriiY ER 19-3116 Due--,11l8/39: Scott Gould 1161Parmele Blvd., adjacent to'Banks.Channel in ytr6ghtsville.Beach, New'Manover County Coiistruction,of a new four.(4) slip docking facility witp,associajed dredging of docking facility, footprint.to connecting water depths. Please.indicate below your.agency.;s position or viewpoint on the proposed' project and return thisform to Grea6,Bodnar6tthe address above by November 17; 2601 If you have;any questions regarding' -the proposed project, contact Patrick Amico ab(910) 796r7423. 'when appropriate, in -de plh:comments'.with supportingdata 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 recommefided,chariges are;jncorporated. See attached. Th :agency objects to the project for reasons-described.in the;attached comments,. Renee'Gledhill'Earley PRINT NAME "AGENCY State Historic Preservation, Office RECEIVED SIGNATURE AJL.0 ?_Ct JA_ NOV 1 5 2019 10, MP SECTION MPID DATE 01141 � Ip . ' Sintc olNordr Camlin:r I Eavironmcnml Qwliiy I Coastal Manasemrnt 127 Cardinal Drive Exi. Wihninsron, NC 2tg95 9197967215 OCT ,2' 5::2019 ,� ROY COOPER '- ` Governor .. �, MICHAEL S. REGAN Secrotmy BRAXTON DAVIS NORTH CAROLINA Dirxcton Dinn"n orcoaltal Environmental Qrrolih, Management agemenr October23, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) pregg.bodnarCa NCDENR.goV, SUBJECT: CAMA /Dredge and Fill Application Review Applicant:. Scott Gould Project Location: 116 Parmele Blvd., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Construction of a new four (4) slip docking facility with associated dredging of docking facility footprint to connecting water depths. Please indicate below your agency's position or viewpoint on the proposed p�ect and return this form to Gregg Bodnar at the address above by November 77, 2 119 If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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 Dan Sams AGE Cal DEMLR EL FE t1 D NOV 1 8 2019 SIGNATURE b.&Mm.. PATE Nov 15, 2019 State ofNorth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Scott Gould, Wrightsville Beach — New Hanover County Date: November 18, 2019 Consistency Determination: This project is consistent with the Wrightsville Beach Land Use Plan update. The applicant proposes to replace and expand an existing docking facility and dredge for boat access. The project is located at 116 Parmele Blvd., adjacent to Banks Channel in Wrightsville Beach, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Wrightsville Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation/Developed. In general, the Town of Wrightsville Beach allows development in Conservation/Developed classified AECs which is consistent with the State's minimum use standards. The Town of Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards including those for piers and marinas. However, none of these more restrictive policies seem to be applicable to this project. This project is consistent with the Town of Wrightsville Beach Land Use Plan. Cc: File RECEIVED NOV 1 S 2019 MP SECTION MHD ROY,QOOPER '0 .. ygmw W-IR rH CAROL It !A October 23,�2019 MEMORANDUM FROM: SUBJECT cAiWA .Applicant: `Scott Gou Project Location: J 16 Panne New Hano Proposed Projedt, Assistant Major Permits Coordinator ion of Coastai'Management i Avenue. Morehead Citv. NC 28557 and,Fill Application Review X41CHA9L -s. REGAN ,BRAYTON DAMS RECEIVE® NOV 1 9 2019 MP SECTION W1,0 adjacent to Banks Qhahnefin Wrightsville Beach, a neW.fdur (4) slip docking facifityxith asso6iat0ddredging of docking to connecting water depths. Please indicate belowyou'r agency's position osition or viewpoint on the proposed project and' !urn this form to Gre q Bodn af the address above by,tN4vemb�er;1r.g01§' if -you ve any questions regarding the proposed project, contact Patrick,Amico at (910) 796-7423 an approprijal:6;, in-depth comments with supporting data is requested. REPLY: This agency, "Addifional This agency This agency This,agency 19—% 1 io objection to the project as proposed. rents may be attached'*' �o con I iment on the proposed project. + 'See Un-3. aves of thie project only -if the recommended changes See attached. the, project for reasons.described inLthe attabhed comments. Qwiity I C4eW4anagcmmt i NC28405 ' 9i97967215' DocuSign Envelope ID: 234F85EC-OA89465F-89C2-DF57BB19E872 ROY COOPER Governor MICHAEL S. REGAN SeareNn BRAXTON DAVIS NORTH CAROLINA Din:ctr+r. Divi4inn nJ'CnacnJ Environmowd Qau/ib' Aya gcmenr October 23, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areao.bodnaraa.NCD ENR.aov SUBJECT: CAMA / Dredge and Fill Application Review Applicant: Scott Gould Project Location: 116 Parmele Blvd., adjacent to Banks Channel in Wrightsville Beach, New Hanover County Proposed Project: Construction of a new four (4) slip docking facility with associated dredging of docking facility footprint to connecting water depths. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 17, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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. WRITTEN APPROVAL NOT REQUIRED UNDER GC4175 PRINT NAMEChad Coburn AGENCY _DWR 2019 - I ` 2 7 Decuslgna by: SIGNATURE 8237FCBEDFCC4A3._ RECEIVED DATE 11/27/2019 DEC < 2019 state of North Carolhn I Environtne� Quality l Coastal Martaganent SECTION �,p L.J® 127 Cudinel Drive Ext, Wflmin an, NC 28405 919 796 7215Ro it iYt �l A A - DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 December 20, 2019 Regulatory Division Action ID No. SAW-2019-02049 Mr. Jonathan Howell North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application of Scott Gould, to replace and expand an existing docking facility with a 4-slip docking facility and to dredge for boat access on Banks Channel adjacent to the AIWW, located at 116 Parmele Blvd.in the Town of Wrightsville Beach, New Hanover County, North Carolina. Coordinates in Decimal Degrees are: 34.222258 N,-77.788971 W. The applicant proposes to replace and expand an existing docking facility with a 4-slip docking facility and to dredge for boat access on Banks Channel adjacent to the AIWW. The dock portion of the project consists of constructing a four -slip docking facility. As proposed, a pier (8 LF X 6 LF) would extend perpendicular to an existing bulkhead, in and easterly direction. The pier would land on a proposed gazebo (16 LF X 16LF) From the gazebo, a bumpout platform area (51,17 X 4 LF) would extend to the north, providing access to a ramp (14 LF X 4 LF) extending water ward to a U-shaped floating dock. The floating dock would feature a main platform running parallel to shore (32 LF X 8 LF) and two floating fingers extending waterward on the ends of the main platform (both 16 LF X 6 LF). On the northern edge of the northern finger, the applicant is proposing to construct a boat lift (13 LF X 13 LF). Project impacts will, include 1040 square feet of dredging impacts and 1110 square feet of shading impacts from the dock, both in Banks Channel. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at RECEIVED htti)://www.fws.gov/nc-es/mammaUmanatee euidelinespdf. DEC 1 8 201q IVIP SECTION MHO -2- 2. All excavated materials will be confined landward of the mean high water level elevation contour within adequate dikes or other retaining structures to prevent spillover of dredged materials into any vegetated wetlands or surrounding waters. 3. Best management practices identified as field marking existing oyster reefs and shell bottom locations at low -tide shall be implemented in order to prevent construction and dredging equipment from negatively impacting those resources. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 5. All work authorized by this permit must be performed in strict compliance with the submitted plans, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 6. Approval of the structure is based on determinations that there would be no obstruction to navigation. The structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will not be damaged by wave wash. 7. Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project, in such a manner as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of waters or wetlands. 8. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 9.. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 10. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 RECEIVED DEC 1 8 2019 BE (North Carolina General Statutes Chapter 113A Article 4). 11. The activity will be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, telephone (910) 251-4707. Sincerely, Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Plans dated August 12, 2019 Copy Furnished with attachment: Ms. Karen Higgins Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Tara MacPherson Mr. Gregg Bodnar North Carolina Department of Environmental Quality RECEIVED North Carolina Division of Coastal Management 127 Cardinal Drive Extension DEC 1 8 2019 PAP SECTION MIgD R Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr.Fritz Rohde Ms.Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Mr. Robb Mairs Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 R E C E VvffE® DEC 1 8 2019 NqP SECTION RAND DCM Coordinator: & AR Permit #: 3 —w MAILING DISTRIBUTION SHEET DCM Field Offices 2EWbc-) Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington a4ni4' (OBJECTIONS ) Tni q US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Jordan Jessup (TBD) -Treg Curry (TBD) iz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: frnee Gledhill -Earley at Environmental. Rev iew@ncdcr joeidi Cox (WIRO) Curt Weychert David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank�,, Perquimans, Tyrrell, Washington) Wilmington: obb Mairs —401 (Carteret, Onslow, Pender) lr had Coburn — 401 (Brunswick, New Hanover) AlIkjigine, Hall - Stormwater 1 onne taeenhuis - 401 (NCI)OT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: PMaria Dunn (WARO) 4 (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: UCM MP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Project Name (if applicable) Business Name Scott Gould Clements Marine Construction Last Name Applicant 1: First Name MI Gould Scott Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page($) with names listed. Mailing Address PO Box City State 116 Pannele blvd Wlightsville Beach NC ZIP Country Phone No. FAX No. 28480 new Hanover 910-886-4644 ext. Street Address (d different horn above) City State ZIP Same Wrightsville NC 28480- Beach Email sgouldQcapefearpeno.com 2. Agent/Contractor Information Business Name Clements Marine Construction Inc,. Agent/ Contractor 1: First Name MI Last Name Mark H Clements Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State 112 Circle Drive _ -- _ Hampstead NC ZIP Phan No. 1 Phone No. 2 28443 910-620-9110 ext. 910-270-9110 ext. FAX No. Contractor # same Street Address (if different from above) City State ZIP IV D Email E dementsmarinecoQabellsouth.net AUG 1 4 2019 OCT 18 ZU19 4" D'CM=-MHD CITY DCM WILMINGT N, NC Form DCM MP-1 (Page 3 of 5) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # new hanover 116 Parmele Blvd hwy us76 Subdivision Name City State Zip Wrightsville Beach wilmington NC 28480 - Phone No. Lot No.(s) (H many, attach additional page with list) _- 910 - 620 - 9505 ext. 1, , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project C� ynE+�r lollie pop 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 AICW e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. new hanover 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1W 15000. sq ft c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or 0.34 acre, NWL (normal water level) (If many lot sizes, please attach additional page with a list) 119 ®NHW or ❑NWL e. Vegetation on tract lawn grass some oak trees f. Man-made features and uses now on tract pier and bulkhead g. Identify and describe the existing land uses adjacent to the proposed project site. private residential homes 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) Was ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA If yes, by whom? 1. Is the proposed project located in a National Registered Historic District or does f involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED RECEIVED OCT 18 M9 <Form continues on next page> AUG 14 2019 DCM WILMINGTON, NC DCM-MHD CITY Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (h) Are there coastal wetlands on the site? ❑Yes ®No (iii) If yes to either (i) or (it) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. county o. Describe existing drinking water supply source. county p. Describe existing storm water management or treatment systems. n/a 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government OPrNate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. to be used as a private pier for water access. c. Describe the proposed construction methodology, types of construction equipment to be Lead during construction, the number of each type of equipment and where It is to be stored. rebuild current dock to updated rules and dredge slips d. List all development activities you propose. Install new dock and floating docks with boatlifts, also dredge out slips to conform to town rules. e. Are the proposed activities maintenance of an existing project, new work, or both? new f. What is the approximate total disturbed land area resulting from the proposed project? n/a ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state, surface runoff i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes ❑No ❑NA RECEIVE If yes, attach a mitigation proposal. r\C\, CI V LV <Form continues on back> OCT 18 2019 AUG 142019 DCM WILMINGTON, NC DCWMHD:CITY Form DCM MP-1 (Page 5 of 5) APPLICATION for - — Major Development Permit 6. Addidonal /nformadon In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (9 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 tftle to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Elizabeth Landis Phone No. n/a Address 118 Parmele Blvd Name David Young Phone No. n/a Address 114 Parmele Blvd Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include peril numbers, permiftee, and issuing dates. CAMA Minor WBI9-12 CAMA GP 74288 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 byproperty owner) it. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), 1necessary. 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. I understand that any permit issued in response to this application will allow only th The project will be subject to the conditions and restrictions contained in the permit. in the application. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the (test of my knowledge. Date 08/3/2019 Print Name Mark Clements Signature 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 RECEIVED ®DCM MP-4 Structures Information OCT 18 2019 RECEIVED AUG 14 2019 DCM WILMINGTON„ NC DCM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length 5P' Width 20' Avg. Existing Depth ISIA 3, Final Project NA NA 6Depth 1. EXCAVATION a. Amount of material to be excavated from below NHW or NWL In cubic yards. 185.71 b. Type of material to be excavated. sand c. (i) Does the area to be excavated Include coastal wetlands/marsh d. (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 ❑WL ®None (It) Describe the purpose of the excavation in these areas: town requires new dock to be pulled back 18' to be in compliance with town rubs. 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. on she used as back811 for new bulkhead c. (1) Do you claim title to disposal area? ®Yes ❑No ❑NA (ii) If no, attach a letter granting permission from the owner e. (1) 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: n/a ❑This section not applicable High -ground excavation in cubic yards. none ❑This section not applicable b. Dimensions of disposal area. 20'x100' d. (1) Will a disposal area be avaaable for future maintenance? []Yes ❑No ®NA (h) If yes, where? (1) Does the disposal include any area in the water? []Yes ONO ❑NA (u) If yes, how much water area is affected? RECEIVED RECEIVED AUG 14 2019 OCT 18 ZU19 DCM INILMINGTCN IuG DCM-MHD CITY 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 Width: c. Average distance waterward of NHW or NWL, d. Maximum distance watenvard of NHW or NWL. e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ Breakwater/Sill Other I. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (it) If yes, state amount of erosion and source of erosion amount Information. b. Type of fill material. 4. OTHER Rd ACTIVITIES ®This section not appicable (Excluding Shoreline Stabilization) a. (I) 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, (is) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? bulkhead in place c. (i) Will nav ational aids be required as a result of the project? ❑Yes IgNo ❑NA (ii) If yes, explain what type and how they will be implemented. 08/1212019 Date Scott Gould Project Name submerged aquatic vegetation (SAV), shell bottom (5121), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL []None (h) Describe the purpose of the fill in these areas: b. What type of construction equip backhoe, or hydraulic dredge)? barge and bucket d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No []NA (h) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Mark Clements Applicant Nam /ram Applicant signature RECEIVED RECEIVED AUG 14 2019 OCT 18 [0 C DCM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facilfty/marina: ❑Commercial ❑Public/Government ®Private/Community ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ONO c. (1) Dock(s) and/or pier(s) d. (I) Are Finger Piers included? ❑Yes ❑No (ii) Number 1 If yes: (iii) Length 8' (ii) Number 1 IN) Width 6' (iii) Length 4' (v) Floating ❑Yes ®No (iv) Width 4' (v) Floating ❑Yes ®No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ®Yes [_-]No If yes: If yes: (ii) Number 4 (ii) Number 2. (iii) Length 16'&32"6'&16' (iii) Length 13 (iv) Width 16'&8'&6' (iv) Width 13 (v) Floating ®Yes ❑No Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service, including travel lift and/or rail, repair or (n) Number of slips existing maintenance service 4 ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: 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: 25' j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). mixed I. (i) Will the facility be open to the general public? N D RECEIVED OCT 18 2019 RECEIVED AUG 14 2019 £�uF•AMiB ` lT-) DCM WILMINGTON,#Nrr m. (I) Will the facility have tie pilings? Dyes ®No ❑Yes ®No (ii) if yes number of tie pilings? 2. DOCKING FACIUMMARINA OPERATIONS ®This section not aplaft e a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ 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? Jr. Describe design measures that promote boat basin flushing? RECEIVED AUG 14 M9 OCT 18 40 DCM UtlNILU81115TCM!, NC EITY I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking 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 ❑SB OWL ❑None p. Is the proposed marina/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. 3. BOATHOUSE (including covered lilts) ®This section not applicable a. (1) Is the boathouse structure(s)� ❑Commercial ❑Public/Government ❑Private/Community (11) Number _ (iii) Length (iv) Width _ Note: Roofed areas are calculated from dripfine dimensions. 4. GROIN (e.g., wood, sheelpile, etc. I/a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (ii) Length (iii) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This 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 ®This section not applicable a. Is the strucure(s): ❑Commercial ❑PublldGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, ff present. RECEIVED b. Number d. Description of buoy (color, inscription, size, anchor, etc.) O C T 18 �'A DCM WILMINGTON, NC e. Arc of the swing _ 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines w 2'6" E 3'6" Note: For buoy or mooring piling, use am of swing including length ofvessel c. Width of water body 678' e. (i) Will navigational aids be required as a result of the project? []Yes NNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. W 72' E 60' d. Water depth at waterward end of structure at NLW or NWL 5' nlw & OTHER []This section not applicable a. Give complete description: We wish to remove the existing dock and replace it with a new one. The floating dock will be a U shape floater like the current one, but the fixed covered platform will be squair not offset.We will also install two boatlifts at the floating dock giving us two dry slips and two wet slips as indicated in the drawing. 08/12/2019 Date Scott Gould Project Name mark clements Appll Na (/ Applicant Signature RECEIVED OCT 18 tu19 DCM-MHD CITY RECEIVED AUG 14 2019 DCM WILMINGTON, INC RECEIVED OCT 18 ZU19 av�-- 1J . Lurni (10- aVQ. oulJi M tJr�al,�Fst��) Peach niG R/0 eca16 0 6Loi4 eotn1 ;%at'e.: 61-17-20(q 3 Wj*d— co e n vet vn ew5En5 RECEIVED AUG 14 1019 DCM 1A/ LMUNGTo*.-, pjr, DCM-MHD CITY _ i t O 0 118 ParMele RECEIVED OCT 18 2019 DCM-MHD CITY Aollie 4yot' • • . a �mw', - -� ll� a4Me%e RECEIVED AUG 14 2019 DCM WILMINGTON, NC RECEIVED OCT 18 2019 RECEIVED AUG 14 2019 DCM-MHD CITY DCM WitMWGTOW, NC ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Mr. Scott Gould s og uldna canefearoerio.com (via email) Dear Mr. Gould, NORTH CAROLINA Envtronmentaf QuaUry December 12, 2019 This letter is in reference to the application submitted for a Coastal Area Management Act Major Permit to undertake development activities to replace and expand an existing docking facility and perform dredging, in New Hanover County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make February 21, 2020 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808-2808 ext. 215) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory W. Bodnar Assistant Major Permits Coordinator Cc: DCM WiRO Mark Clements, Clements Marine Construction Inc. (clementsmarineco@bellsouth.net) North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City. North Carolina 28557 2528081808 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Scott Gould c/o Clements Marine Construction 2. LOCATION OF PROJECT SITE: 116 Parmele Blvd adjacent to Banks Channel, on Wrightsville Beach, New Hanover County. 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/11/19 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 8/30/19, complete 9/24/19 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification from LUP — Conservation and Developed (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — Municipal Planned — N/A (F) Type of Structures: Existing— four (4) slip docking facility, vinyl bulkhead Planned — four (4) slip docking facility and dredge (G) Estimated Annual Rate of Erosion: N/A Source - N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal Wetlands) (B) Non -Vegetated Wetlands 1110 SF (Open water) 1040 SF incorporated (C) Other (High ground) dyed e ackf�l behind bulkhead) (D) Total Area Disturbed: 4150 SF (0.05 acres) (E) Primary Nursery Area: NO Water Classification: SB Open: No RECEIVED PROJECT SUMMARY: The applicant proposes to replace and expand an existing docking facility and dredge for boat access. OCT 18 a19 DCM-MHD CITY Scott Gould c/o Clements Marine Construction Page Two 8. PROJECT DESCRIPTION: The project site is located in the Town of Wrightsville Beach at 116 Parmele Dr., adjacent to Banks Channel, in New Hanover County. To locate the property, travel east approximately 1 mile from Military Cut -Off Road (N.C. Highway 76) towards Wrightsville Beach. From the drawbridge, take a slight left onto W. Salisbury Street and travel approximately 1 mile to the stoplight and make a left onto N Lumina Avenue. Travel approximately 0.25 miles and turn left on Parmele Blvd. The property of interest is on the right. The applicant's property is cleared, approximately 0.34 acres, and averages 7' above mean sea level with 100 LF of shoreline. An existing vinyl bulkhead measuring approximately 100' in length stabilizes the entire shoreline, recently constructed and authorized under CAMA GP 74288, issued 7/12/2019. Upland vegetation consists of ornamental shrubs, trees, and lawn grass. Waterward of the bulkhead is a private docking facility that extends into Banks Channel in a northwesterly direction which accommodates up to four (4) vessels. The current docking facility extends past the local Wrightsville Beach Pier Headline. The Wrightsville Beach Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Developed. The area surrounding this section of the AIWW is mostly residential development. The waters of Banks Channel, which are included in the Wrightsville Recreational Area, are classified SB by the Division of Water Resources. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, are classified as Coastal Waters, and are CLOSED to the harvest of shellfish. Current water depths in the project area range from -2' to -5' @NLW. PROPOSED PROJECT: To replace the aging docking facility, and also meet the current Wrightsville Beach Pier headline, the applicant proposes to remove the current docking facility, dredge an area to create water depths adequate for their purposes, and rebuild a similar sized docking facility, closer to shore and thus compliant with the pier headline. As proposed, a pier (8 LF x 6 LF) would extend perpendicular to the bulkhead, in an easterly direction. The pier would land on a proposed gazebo (16 LF x 16LF). From the gazebo, a bumpout platform area (5 LF x 4 LF) would extend to the north, providing access to a ramp (14 LF x 4 LF) extending waterward to a U-shaped floating dock. The floating dock would feature a main platform running parallel to shore (32 LF X 8 LF) and two floating fingers extending water ward on the ends of the main platform (both 16 LF x 6 LF). On the northern edge of the northern finger, the applicant is proposing to construct a boat lift (13 LF x 13 LF) and on the southern edge of the southern finger, the applicant is proposing to construct a second boat lift (13 LF x 13 LF) (see Sheet 2 of 3). The new location of the docking facility would be landward of the Town of Wrightsville Beach's Pierhead line and provide dockage for up to four (4) vessels. At this time, where the current docking facility is located, the applicant stated that the water depths average about -5' @NLW. Where the proposed facility would have to be located to meet the town pier headline, the applicant has stated the current water depths average from -2' @NLW to -3.5' @NLW. Since the new location of the proposed docking facility would be more shallow, the applicant proposes to dredge an area, beginning 20' waterward of the bulkhead and ending 40' waterward of the bulkhead, and extending for 52 LF in width along the shoreline, to a depth of -5' @NLW (See Drawing 2 of 3 and 3 of 3). The dredge activity would be a box cut, and would be performed by bucket to barge. The dredge spoils would be de -watered on site, landward of the 30' Coastal Shorelines buffer from NHW, and used as backfill on the constructed bulkhead, in a 100 LF by 20 LF area. No presence of SAV, shellfish, or Coastal Wetlands was noted in the proposed dredge area. RECEIVED OCI18N19 DCM-MHD CITY Scott Gould c/o Clements Marine Construction Page Three 10. ANTICIPATED IMPACTS: The proposed docking facility would incorporate approximately 1110 SF of Estuarine Waters and Public Trust Area. The reconfigured facility would provide dockage for four (4) vessels in water depths of -5' @NLW after the proposed dredging. As proposed the new facility would extend approximately 50' into a water body measuring 678' long which conforms to the X width rule, and is a 24' reduction in extension compared to the current, existing configuration. The proposed facility would conform to the Town of Wrightsville Beach's Pierhead line. The proposed dredging would result in the disturbance of approximately 1040 SF of shallow bottom habitat in Estuarine Waters and Public Trust Area. No SAV, shellfish, or Coastal Wetlands were noted in the dredge footprint. The applicant proposes to remove approximately 186 CY of material, which is primarily sand, by bucket to barge. The spoil would be dewatered on site and used as backfill for the bulkhead, in a 100 LF x 20 LF area (2000 SF in high ground disturbance). Minor turbidity increases can be expected during the construction process. Submitted by: Patrick Amico Date: 10/15/19 Office: Wilmington RECEIVED OCT 18 ZU19 DCM-MHD CITY CAMA Narrative Scott Gould 116 Parmele Blvd Wrightsville Beach, NC 28480 Dear Committee We have installed our new bulkhead on this property and now are moving forward to install our new dock. The old dock has been in place for many years and needs to be completely replaced. The town of Wrightsville beach has a swim line requirement that prevents us from going back in the same foot print with our new dock. So in order to get a new dock and have the requested boatlifts we will have to bring the whole dock back 16' to comply with their rule. The proposed new dock is just about the same as the one we currently have but we will also need to dredge a small area to have the floating docks comply with CAMA regulations. We have our bulkhead in place and are planning to backfill with the dredge material from this project. Thank you for your help in hopefully obtaining the major permit to get this part of our project completed. RECEIVED RECEIVED OCT 18 2U19 MA14211119 DCM-MHD CITY a.... ".." ..un RECEIVED OCT 18 2019 DCM-MHD CITY When recorded, return to: First-Clttrens Bank & Trust Company Attn: Final Document Department P.O. Box 11767 Columbia, SC 29211 This document was prepared by: Brandt Barton First -Citizens Bank &Treat Company 1314 Park Street Columbia, SC 29201 803-831-1604 LOAN N: 40073301 BK: IRS 6210 PO: 2864 - 2e7e N ovltrmn o1:o Al RM I A4ME/.CEf/ t n9 SrT NCFEE W W 20190121164 NEW HANOVER COUNTY, TAMMY THEUSCH aEa " e®,erT], of rEEea E%lA W'W EIECTS I LLYnH EAD [Space Above This Line For Recording DEED OF TRUST prepared By and Returned To: JC Hearne, H MIN 1001134-11000019634M DEFINITIONS MERE PHONE N: 1.888-679-8377 Words used in multiple sections of this document are defined below and other wards are 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 16. (A) "Security Instrument" means this document, which Is dated April 26, 2019, together with all Riders to this dacument. (B) "Borrower^ Is MARTIN GOULD AND ERIN GOULD, HUSBAND AND WIFE. Borrower is the truster under this Security Instrument. (C) "lender" Is Flrat-CS(zens Bank &Tnut Company. Lender Is a Corporation, organized and existing under the laws of South Carolina. tender's address is P.O. Box 11767, Columbia , SC 29211. (D) "Trustee" Is Neuee, incorporated. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument- MERS Is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026. Fi MI 48601-2026, teL (888) 679-MERS. RECEIVED NORTH CAROLINA-Single Famty-Farmte MaNFrvddb Mac UNIFORM INSTRUMENT Farm SM U01 �t� Eft Mae, Inc. Page 1 of 9 =L'ci' 4 2019 Mt•MASpyI,m 0475=908X AM PST submitted n ecwith Nally by "I.L. statute II, Attorgoverning r At Lab" A.M.S.WILMINGTON, NC In c Hance with North ittecarolina statutes souther ne recordable docucents and tht eras of the subdttar spnaaant with the NOW Raeoyet [aunty Rtei ater LOAN #: 40073301 (E7 "Note" means the promiasory note signed by Borrower and dated April 26, 2019. The Note states that Borrower owes Larder SIX HUNDRED THOUSAND AND NOM00""'.""""' .................................................... Ddlare N.S. $800,000.00 ) plus interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt In full not later than May 1, 2049. (G) "Property" means the property that is described below under the heading 'Transfer of Rights In the Property.' (kit "Loan" means the debt evidenced by the Note, plus interval, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus Interest. (Q "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 applicable): ❑x Adjustable Rate Rider ❑ Condominlum Rider ❑ Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s) (specity] ❑ 14 Family Rider ❑ Biweekly Payment Rider ❑ VA Rimer (1) "Applicable Law" means all controlling applicable federal, state and local stautes, regulations, ordinances and administrative rules and orders (that have the e8ed of law) as well as all applicable final, non -appealable Judicial opinions. (X) "Community Assaclation Dues, Fees, and Assessments" means alldues, fees, assessments and other charges that are Imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper Instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, Instruct, or authorize a financial institution to debit or credit an account. Such term Includes, but is not limited to, point-of-sele transfers, automated taller machine transactions, hansfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (AM "Escrow hems" means those items that am deembed in Sediop(k 3. (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than Insurance proceeds paid under the coverages described in Section 5) for. (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (ill) conveyance In lieu of condemnation; or (N) 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. iO "Periodic Payment" means the regularly scheduled amount due for (1) principal and Interest under the Note, plus (10 any amounts under Section 3 of this Security Instrument. (q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation cr regulation ttW governs the same subject matter. As used in this Security Instrument, "RESPA' refers to all requiromenta and restrictions that are imposed in regard to a "federally related mortgage loan' even If the Loon does not qualify as a'federally related mortgage loan' under RESPA. (R) "Successor in Interest of Borrower' means any party that has taken the to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERE. This Security Instrument secures to Lender: O the repayment of the Loan, and all renewals, extensions and modifications of the Not&; and (11) the performance of Borrowers 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 Rype aRemmlrg June flat.] of New Hanover (Name of Reoordhg Jaadrelbnl: APN#: ROS809-001-001-000 which currently has the address of 116 Parmale Boulevard, Wrightavllls Beach, Isveeq ICMI North Carolina 28480 ('Properly Address'): Inp Code) TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the Improvements now or hereafter erected on the property, and ell easemanfe, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the 'Property-' Borrower understands and agrees that MERECEIVED REC NORTH CAROLMA-C*,aN rait-Fannla M&WFreddie Mac UNIFORM INSTRUMENT Form 30UIrM �F '°'' Inc. Page 2 of 9 t�icao�b 03J E P 2 4 2019 OY26R01909'a7AMP OCT 182019 DCM WILMINGTON. NC DCM-MHD CITY LOAN N: 40073301 holds only legal title to the Interests granted by Borrower in this Security Instrument, but, h necessary to comply with law or custom, MERS (ss immense for Lender and Lender's successors end assigns) has the rightto morose, 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 sallied of the estate hereby conveyed and has the right to grant and convoy the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to arty encumbrancer of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by judsdlction to constitute a uniform security Instrument covering reel property. UNIFORM COVENANTS. Bormwer and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow hems pursuant to Section 3. Payments due under the Note end this Security Instrument shall be made In U.S. currency. However, d 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 end this Security Instrument be made In one or more of the following toms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or ceshleYs check, provided any such check Is drawn upon an Institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lander when received at the location designated in the Note or at such other location as may be designated by Landerin accordance with the notice provisions in Section 16. Lender may return any payment or partial payment itthe payment or partial payments are Insufficient to bring the Loan current If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunderpursuantto Section 22 then Lender may accept any payment m partial payment inauffficientto bring the Loan current, without weever of any rights hereunder or prejudice to Its rights to refuse such payment or partial payments in the future, but Lender Is not obligated to apply such payments at the time such paymenta are accepted. If each Periodic: Payment is applied as of its scheduled due date, then LaMar need not pay Interest on unapplied funds. Lender may hold such unapplled funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of lime, Lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately price to foreclosure. No offset or claim which Borrower might have now w in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described In this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority. (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under SActlon 3. Such payments shell be applied to each Periodic Payment In the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and Men 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 lets charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments If, and to the extent that, each payment can be paid in full. To the extent Mat 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 shah be applied first to any prepayment charges and then u described in he Note. Any application of payments, insurance proceeds, or Miscelsneous Proceeds to principal due underthe Note shall not extend or postpone he due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow hems. Borrower shell pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Funds") to provide for payment of amounts due for: (a) taxes and assessments and other Items which can attain priority over this Security Instrument as B lien or encumbrance on the Property, (b) leasehold payments or ground rents on the Property, h any; (c) premiums for any and of insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, If any, or any suns payable by Borrower to Lender In lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These hems are called 'Escrow hems.' At origination orst any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, If any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly tannish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow hems. Lender may wave Borrowers obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be In writing- In he event of such waiver, Borrower shah pay directly, when and where payable, he amounts due for any Escrow Items for which payment of Furls has been waved by Lender and, if Lender requires, shall furnish to lender receipts evidencing such payment within such time period as lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase 'covenant and agreement' is used in Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall Men be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver se to any or all Escrow Items at cry time, by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Furls, and M 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 perrnd Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESP/►,�fAo{Ip� I V E D shatl estimate the amount of Funds due on the basis of currant data and reasonable estimates of expenditure IWWLLos�� Escrow Items or otherwise In accordance with Applicable law. RECEIVEOMTH romay--rraarFrodd4aseUNWORN INSTRUMMForm]031v01 SEP 2 4 2019 ` %, 1Am inc Page 3 of 9 NCEDEFD 0316 NCEDIEED (Cloy anbOea AMPW GTON, NC OCT 18 2019 WC L11161kFj ILFAILI kin LOAN s: 40073301 The Funds shall be held In an Institution whose deposits are insured by a federal agency Instrumentality, or entity (including Lender, if Lander Is an Institution whose deposits are so insured) or in any Federal Home Loan Bank. Lander shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shot not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest on the Funds and Applicable Lew permits Lender to make such a charge. Unless an agreement is made in writing orApplicebie Law requires Interest to be paid on the Funds, Lender shell not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest shall be paid on the Funds. Lander shall give to Borrower, without charge, an annual accounting of the Funds in required by RESPA. it there is a surplus of Funds held In escrow, as defined under RESPA, Lander shall account to Borrower for the excess funds In accordance with RESPA. 0 there is a shortage of Funds held In escrow, as defined under RESPA, Lender shell notify Borrower as required by RESPA, and Borrower shell pay to larder the amount necessary to make up the shortage in accordance with RESPA, but In no more then 12 monthly payments. If there is a deficiency of Funds held in escrew, as defined under RESPA, Lender shall notify Borrower es required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but In no more than 12 monthly payments. Upon payment in fug of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Uefls. Borrower shell pay all taxes, assessments, charges, floes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, aid Community Association Dues, Fees, and Assessments, ll any. To the extent that these items are Eschew items, Borrower shall pay them In the manner provided in Section 3. Borrower shall promptly discharge any lien which has prlortty over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the Ian in a manner acceptable to Lander, but only so long as Borrower Is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings ere concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordlnating the lien to this Security Instrument. If Lender determines that any pad of the Properly is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the dale on which that notice is given, Borrower shall eMley the Nan or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for areal estate tax verification sndlor reporting service used by Lender In connection with this Loon. & Property Insurance. Borrower shall keep the Improvements now existing or hereafter emoted on the Property insured against loss by fire, hazards included within the tam'extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires Insurance. This Insurance shall be maintained in the amounts (Including deductible levels) and for the periods that Lender requires, What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the Insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shell not be committed unreasonably. Lender may require Borrower to pay, In connection with this Loan, it har. (a) a one-time charge for stood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent changes each time remeppings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination reauNing from an objection by Borrower. If Borrower falls to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shelf cover Lender, but might or might not prefect 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 slgnHlcanty exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lander underthls Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All Insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage cause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the tight to hold the polices and renewal certificates. If Lander requires, Borrower shall promptly give to Lender all recelpta of paid premiums and renewal noticee. If Borrower obtains any form of Insurance coverage, not otherwise raquired by Lender, for damage to, or destruction of, the Property, such policy shall indude a standard mortgage clause and shell name Lender as mortgagee sndlor as an additional low payee, In the event of lose, Borrower shall give prompt notice to the insure nee carrier and Lender. Lender may make proof of loss If not made promptly by Borrower. Unless Lander 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, tithe restoration or repair is economically feasible and Lender's security Is not asserted. During such repair and restoration period, Lender shell have the right to hold such insurance proceeds untll Lander has had an opportunity to Inspect such Property to ensure the work has been completed to Lenders 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 M made in writing or Applicable Law requires Interest to be paid on such insurance proceeds, lender shall not be reµill to pay Borrower any Interest or earnings on such proceeds. Fees for public adjustors, or other third parties, retailed by Borrower shell not be paid out of the Insurance proceeds and shell be the sole obligation of Borrower. If the makination or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Securly Instrument, whether or not then due, with the excess, If any, paid to Borrower. Such Insurance proceeds shot be applied in the order provided for In Section 2. NORTH GROLINA-Sigh Formy—Fanrhe MakFreddk Nee UNIFORM INSTRUMENT Font 3e3/ta1 RECEIVED RECElvv _EMeMmlm. Page of NCEDEEo 0315 NCE*ED (Cr `S) "Ifit"19 Q6!lALNaA 2019 OCT 18 2019 DCMWILMINGTON, NC DCM-MHD CITY awox oaav e.yn .ova LOAN N. 40073309 If Borrower abandons the Property, Lender may file, negotiate and settle any available Insurance claim and related meters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice Is given. In ether event, or If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrowers 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 Borm ear's rights (other then the right to any refund of unearned premiums paid by Borrower) under all Insurance policies covering the Property, insofar as such rights are applicable to the ooveiage of the Property. Lender may use the Insurance proceeds either to repair or restore the Properly or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. S. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrumem and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender othenvae agrees In writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shad not destroy, damage or Impair the Property, allow the Property to deteriorate or commit waste on the Property. V"her or not Borrower is residing In the Property. Borrower shell maintain the Property in order to prevent the Property from deteriorating or decreasing In vales due to its condition. Unless It Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property If damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Bon ever shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such puryosea. Lender may disburse proceeds for the repairs and restoration In a single payment or In a sodas of progress payments as the work is completed. If the insurance or condemnation proceeds are not suf iclent to repair cr restore the Property, Borrower a not mllaved of Borrowers obligation for the completion of such repair or restowdon. Lender or its agent may make reasonable entres upon and Inspections of the Property. If It has reasonable cause, Leader may inspect the interior of the improvements on the Property. Lender ahall give Borrower notice at the rime of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application. Borrower shall be in default If during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or Inaccurate Information or statements to Lender (or failed to provide Lender with material informallon) In connection with the Loan. Material representation$ include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrowers principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrumem. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there Is a legal proceeding that might significantly affect Lender's Interest In the Property and/or rights under this Security Instrument (such as a proceeding In bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority overthis Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lenders Interest In the Property end rights under this Security Instrument, Including protecting andlor seasoning the value of the Property, and souring and/or repalring the Property. Larder's actions con Include, but are not limited to: (a) paying any suns secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable allomeys' fees to protect is Interest In the Property anti/or rights under this Security Instrument, including its secured positron In a bankruptcy proceeding. Securing the Property Includes, but fa not limited to, entering the Property to make repairs, change looks, replace m board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous oondltions, and have utilities turned on or off. Although Lender may take action under this Seddon 9, Lender does not have to do so and Is not under any duly or obligation to do so. It is agreed that Lender incurs re, liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Seddon 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bee interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment ff this Security Instrument Is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shell not surrender the leasehold estate and interests hemin conveyed or terminate or cancel the ground Wave. Borrower shall not, without the express written consent of Lender, after or amend the ground lease, If Borrower acquires fee thin to the Property, the leasehold and the fee title shall not merge unless Lender agmes to the merger in writing. 10. Mortgage Imiumines. If Lander required Mortgage Insurance as a condition of making the Loan, Borrower shad pay the premiums required to maintain the Mortgage Insurance in effect, if, for any reason, the Mortgage Insurance coverage required by Lender ceases to be evallable from the mortgage insurer that previously provided such Insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a coat substantially equivalent to the coat to Borrower of the Mortgage Insurance previously In effect, fmm an atemate mortgage Insurer selected by Lender. If substantially equivalent Mortgage insurance coverage Is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the Insurance coverage ceased to be in effect. Lender wit accept, use and retain these payments an a non- refundable loss reserve, t permitted under Applicable Law, in geu of Mortgage Insurance. Such ions reserve shall be nonrefundable, notwithstanding the fad that the Loan is ultimately paid In full, and Lender shall not be required to pay Borrower any interest or earnings on such Ims reserve, if permitted underApplicable Low. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an Insurer selected by Lender again becomes available, in obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, If permitted under Applicable Lew, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until tartnnatlon is required by Applicable Law. Nothing In this Section 10 effects Borrower's obligation to pay interest at the rate provided In the Note. RECEIVE[ RECEIVEDutin CAROl1N,-Saps Fa Ry-FerreNMrrFn We UNIFORM 04SMLWEMT Form 30M1101 ©sand, kx Page 5 of 9 NCEDEED 0315 at¢saouceius'%EP 2 4 OCT 18 2019 ACM Nrrr DCM-MHD CITY LOAN N: 40073301 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur If Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage Insurers evaluate their total risk on all such Insurance In force from time to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage Insurer and the other party (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage Insurer may have available (which may Include funds obtained from Mortgage Insurance premiums). As a resuh of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or Indirectly) amounts that derive from (or might be cherectedzed as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an afflIele of Lender takes a share of the Insurers risk in exchange for a share of the premiums paid to the Insurer, the arrangement Is often termed 'captive, reinsurance.' Further - (a) Any Such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, many othertemw of the Loan. Such agreements will not Increase the smound Borrower will owe for mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protectlon Act of 1998 many other law. These rights may Include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to havethe Mortgage Insurance terminated arrtomstically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds;Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property Is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair Is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's eatlafactlon, provided that such inspection shall be undertaken promptly. Lender may pay for the repass and restoration in a single disbursement or In a series of progress payments as the work Is completed. Unless an agreement Is made In writing orAppliceble Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's w. urdy would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous proceeds shall be applied in the order provided for In Section 2. in the event of a total faking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shell be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property in whldr thefalr market value otthe Properly Immediately before the partial taking, destruction, or lose 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 mulliplled by the following fraction: (a) the total amount of the sums secured Immediately before the partial taking, destruction, or Idea In value divided by (b) the fair market value of the Property immediately before the partied taking, destruction, or lose In value. Any balance shall be paid to Borrower. In the event of a partied taking, destruction, or loss In value of the Property In which the fair market value of the Property Immediately before the partial taking, destruction, or loss in value Is less than the amount of the sums secured Immedlately before the partial taking, destmctlon, or loss in value, unless Borower 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 s, after notice by Lender to Borrower that the Opposing Parry (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls to respond to Lender within 30 days after the date the notice Is given, Lender is authorized to cooled and apply the Miscellaneous Proceeds enter 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 parry against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default N any action or proceeding, whether cW or Wrydrad,'Is begun that In Lenders Judgment, could resuh 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 Lenders judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Properly or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lenders 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 shell be applied in the order provided for In Section 2. 12. Borrower Not Released; Forbearance By Lander Not a Welver. Extension of the time for payment or modfication of amortization of the sums secured by this Security Instrument granted by Lander to Borrower or any Successor in Interest of Borrower shell not operate to release the liability of Bormwer 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 a otherwise modify amortization of the auras secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender In exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successes 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 Uability; Cosigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrovrer who co-elgns this Security RECEIVED NOR7N CAROLINAStrgls FaMlr-Fmnle drift tNc UNIFORM INSTRUMENT Form 303/ IMI RECEIVEOwmatirn Page 6of9 NCEOM rota OWSM9��tC� SEP 2 4 7011 OCT 18 ZM n;pr,ta. ;.:•...: 1,v DCM-MHD CITY LOAN N: 40073301 Instrument but does not execule the Note (a'cosgner): (a) is cc-sgning this Security Instrument only to mortgage, grant and convey the cosigner's Interest In the Property under the terms of this Security Instrument (b) Is not personally obligated to pay the sums secured by this Security Instrument and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Bornrwer's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain 80 of Borrower's rights and benefits under this Security Instrumerd. Borrower shall not be released from Borrower's oblgations and liability under this Security Instrument unless Lender agrees to such miss" In writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benalit the succeswrs and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for serv'ces performed In connection with Borrowers default, tor the purpose of protecting Lender's Interest In the Property and rights underthis Security Instrument, including, but not limited to, attorneys'fees, property inspection and valuation fees. In regard to any other tees, the absence of express authority In this Security Instrument to charge a specific fee to Borrower shall rat be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject in a law which sets maximum ban charges, and that low Is finely Interpreted so that the Interest or other loan charges collected or to be collected In connectlon with the Loan exceed the permitted limas, then: (a) any such loan charge ahe11 be reduced by the amount necessary to reduce the charge to the permtted lima; and (b) any suns already collected from Bomow w which exceeded permitted Posits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a deed payment to Borrower. If a refund reduces principal, the reduction will be heated as a partial prepayment without any prepayment charge (whether or not a prepayment 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 adaing out of such overcharge. I& Notices. All notices given by Borrower or Lender In connectlon with this Security Instrument must be In wdting. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrowerwhen mailed by first class mall or when actually delivered to Borrower's notice address Asent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Low expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender apeclfies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified pmeadure. There may be only one designated notice address under this Securty Instrument at any one fine. Any notice to Lender shall be given by delivering it or by mailing A by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. it any hotter, required by this Security Instrument Is also required under -Applicable Lew, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Ooveming Law; Saverablltty; Rube of Construction. This Security Instrument shall be governed by federal low and the law of the juradictlon In which the Property Is located. Ali rights and obligations contained in this Security Instrument ere subject to any requirements and limitations olApplicable law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Nola conflicts with Applicable Law, such conflid shell not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used In this Security Instrument (a) words of the masculine gender shell mean and Include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice vela; 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 Severity 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, dose beneficial Interests transferred In a bond for dead, 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 any Interest In the Property Is sold or Iranalerred (or t Borrower is not a natural person and a beneficial Interest in Borrower is sold or transfenad) without Lenders prior written consent, Lender may require Immediate payment In full of all sums secured by this Security Instrument. However, this option shall not be Lender If e Law. exercised Lender exercises this hoption Lendse 18 er halllgived e Borrower notice of acceleration. The notice shall provide a period of not less then 30 days from the date the notice Is given in accordance with Section 15 within which Borrower must pay at sums secured by this 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 eadlest of: (a) five days before sale of the Property pursuant to any power of sate contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to roinatete; 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 Me A no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, including, but not limited to, reasonable adonheys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument and (d) takes such action as Lender may ma sonaby require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrowers obligation to pay the sumo secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses In one or more of the folbwing forma, as selected by Lander: (a) cash; (b) money order, (c) certified check. bank check treasurer's check or rashler's check, provided any such check Is drawn upon an Institution whose deposits are insured by a federal agency, instrumentality or entry; or (d) Electronic Funds Transfer. Upon minstetement by Borrower, this Security Instrument and obligations secured RECEIVED NORM GROU"-Si gle Farnay-FahnN IMMreEEY Mac UNIFORM INSTRUMENT Form 3034 1M1 RECERti-PaMa.lz. Page 7of9 N0,9WE0 0316 a/rznola9a IMAM 2 4 2019 OCT 18 2U19 DCM WILMINGTON, NC DCM-MHD CITY LOAN N: 40073301 hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shalt not apply In the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Sarvicer; Notice of Grievance. The Note a a partial Interest in the Note (together with this Security Instrument) can be sold one or more llmeei without prior notice to Borrower. A sale might result In a change In the entity, (known as the 'Low Servicer) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There else might be one or more changes of the Loan Servicer unrelated to a sale of the Note. it there Is a change of the Loan Servicer, Borrarer will be given written notice of the change which will slate 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. R the Note is sold and thereafter the Loan Is soNlced by a Loan Sepecer other than the purchaser of the Note, the mortgage Ian servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer 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 or the member of a class) that arises from the other partys actions pursuant to this Security Instrument or that alleges that the Other party has breached any provision of, or arty duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action ran be taken, that time period will be deemed 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 ndks of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provlelons of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a)'Hazerdous Substances are those substances it~ as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materiels containing asbestos orformaldehyde, and radioactive materials; (b)'Envirto mental Lev' means federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Environmental cleanup' Includes any response action, remedial action, or removal action, as defined In Environmental Law; and (d) an "Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or In the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Envlromnental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely effects 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 recogri0ed to be appropriate to normal residential uses and to maintenance of the Property (Including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lenderwritten notica of (a) any Investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party InvoMng the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, Including but not limited to, any spllling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any Condition caused by the presence, use or release of a Hazardous Substance which adversely effects the value of the Property. If Borrower leama, or is notified by any governmental or regulatory authority, or any private party, that any removal or other ramediallon of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordancewlth Environmental Law Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lendershell give notice to eorrowsr prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prlorto acceleration under Section 10 unless Applicable Law provides otherwise). The notice shell specify, Is) the default; (b) the action required to curethe default; (c) a date, not less than 30 days from the datathe notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the data 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 rwn-existence of a default or any other defense of Borrower to acceleration and Sala. If the default Is not cured on or before the dais specified in the notice, Lender at He option may require Immediate payment In full of Will 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 Nis Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. H Lender Invokes the power of sale, and H 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 auction to the highest bidder at the time and place and under the terms designated in the notice of sale In one or more permits and In any order Trustee determines. Lender or Its designee may purchase the Property at any Sale. Trustee shell deliver to the purchaser Trustee's dead conveying the Property without any covenant or warranty, expressed or Implied. The recitals In the Trustee's deed shall be prime facie evidence of the trutlt 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 % of the gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legaly entitled ECEIVED R EC E I V E D=w CAROUNw--9lrpb Fvnay-FanNe liWFroddle We UNIFORM INMUMFNT Ferro 30341Nt M lama en Page 8 of 9 NCm® 03185EED(CL� wasrmta�0 xAJPXEP 2 4 ?1M OCT 18 2019 DCM WILMINGTON, NC DCM-MHD CITY aook bki� Pa <u" LOAN A: 40073301 IL The Interest rate set forth In the Note shall apply whether before or after any judgment on the Indebtedness evidenced by the Note. 23. Releass. Upon payment of all sums secured by this Security Inshument, Lender or Trustee shall cancel this Security Instrument. If Trustee Is requested to release this Secury Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any ,writation costs. Lender may charge Borrower a fee for releasing this Security Inslmment, but only If the fee Is paid to a third party for services rendered and the charging of the fee is perrn0ted under Applicable Law. 24. Substitute Tr ates. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an Instrument recorded in the county in which this Security Instrument Is recorded. Without conveyance of the Property, the successortrustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 26. Attorneys' Fees. Attomays' fees must be reasonable. BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with a. v- gf1"Ak5 (Sean STATE of P/b rk" AA 93: COUNTY a M^^� �^-+}^-�`"'- } I certify that the following peraanls) personally appeared before me this day, each acknowledging to one that he or she voluntarily signed the foregoing document: MARTIN OOULD AND ERIN GOULD. Date: (Official See]) ' off lcle ignature of Nota r/tr �� Lf 4 tn— di is rP141' Ngry's�ted or typsd name, Notary Inllc My commission expires: [ 0 1-tA I1,n-� Lender. First-CIBzens Bank &Trust Company NMLS ID: 603941 Loan Originator: Rebecca J Hough NMLS ID: 664322 MJC GiJKipke Nft NOigRYpU8UC Mycorh ,pnF. , CDunlyNC Octobm 28, 271p .`aka.WddlsW.UFO °YENForn,311 alRECEIVE[Zywl��s�8 OCT 18 ZU19 RECEIVED °EOff9f� SEP 2 :1 TU19 01/Ler101e 08:37 AM PST DCM t".111 VIINGTCN, NC DCM-MHD CITY LOAN K: 40073301 MIN: 1001134.1100001963-9 FIXED/ADJUSTABLE RATE RIDER (LIBOR One -Year Index (As Published In The Wall Street Journal)rRate Caps) THIS FIXEDIADJUSTABLE RATE RIDER is made this 26th day of April, 2010, and is incorporated Into and shall be deemed to amend and supplement the Mortgage, Dead of Trust, or Security Deed (the "Security Instru- ment') of the some date given bX the undersigned ('Borrower') to secure Borrower's Fixed/Adjustable Rate Note (the Note') to First-chtzens Bank&Trust company, a Corporation ('Lender" of the same date and covering the property described In the Security Instrument and] located at: 116 ParmeW Boulevard, Wrightsville Beach, NC 29480. THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTER- EST RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGEAT ANY ONE TIME AND THE MINIMUM AND MAXIMUM RATES BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made In the Security 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 4.110 x. The Note also provides for a change in the initial fixed rate to an adjustable interest rate, as follows: 4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES 1A) Change Dates e initial fixed interest rate I will pay will change to an adjustable Interest rate on the let of May, zo2a, and the adjustable interest rate I will pay may change on that day every 12th month thereafter. The date on which my Initial fixed interest rate changes to an adjustable interest rate, and each date on which my adjustable Interest rate could change, is Called a "Change Date' fB)The Index BBeginning with the first Change Date, my adjustable interest rate will be based on an Index. The 'Index" Is the average of interbank offered rates for one-year U.S. dollar -denominated deposits in the London market ('LIBOR'), as published In The Wall Street Journal. The most recent Index value available as of the date 45 days before each Change Date is called the 'Current Index; provided that if the Current Index is less than zero, then the Current Index will be deemed to be zero for purposes of cal- culating my Interest rate. If the Index Is no longer available the Note Holder will choose a new index that is based upon comparable information. Vile Note Hoiderwlll give me notice of this choice. gC) Calculation of Changes efore each Change Date, the Note Holder will calculate my new Interest rate b adding TWO AND ONE-FOURTH percentage points) ( 2.250 % (the "Margin') to the Current index. The Note Holder will then round the result of this addition to the nearest one -eighth of one percentage point (0.125%). Subject to the limits stated In Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new Interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. WLTNTATE RXEWADJUSTABLE RATE MIDFR-WSJ One-Yeer UBOR Stgle FpMNFannle Mae Unaorm InMrvmml Far"""We' (m Ms) RECEIVED 9e MW RC. Page 1 of 3 F31e7fm W16 F3107RLU(CLS) RECEIVED OMM019 0ea7 AM PST SEP 2 OCT 18 Z019 DCM-MHD CITY DCM WILMINGTOW, ?•!C LOAN W. 40073301 T) Limits on Interest Rate Changes e interest rate I am required to pa al the first Change Date will not be greater than 6.110 % or less than 2.= %. Thereafter, my adjustable Interest rate will never be Increased or decreased on any single Change Date by more then Two percentage point(s) ( 2.000 % ) from the rate of interest I have been paying for the preceding 12 mor ih(s). My Interest rate will never be greater than 10.110 % or lea than 22M %. fE) Effective Date of Changes y new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. F) Notice of Changes he Note Holder will deliver or mail to me a notice of any changes In my Initial fixed Interest rate to an adjustable interest rate and of any changes In my adjustable Interest rate before the effective date of any change. The notice will Include the amount of my monthly payment, any information required by law to be given to me and also the title and tele- phone number Of person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY ORA BENEFICIAL INTEREST IN BORROWER 1. Until Borrower's Initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section Aabove, Uniform Covenant 18 of the Security Instru- ment shall read as follows: 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 ppurchaser. If all or any part ofthe Property or any Interest in the Property is sold orl%nsfemed (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 ma require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise Is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of accelera- tion. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Secu rrAityy Instrument. If Borrower fails to pay these sums prior to the expiration ofihfs period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's Initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instru- ment described in Section B1 above shall then cease to be In effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: 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 any Interest in the Property Is sold ortrans- femed (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 immediate payment In full of all sums secured by this Security Instrument. How- ever, this option shall not be exercised by Lender if such exarc'se is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender Information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security w81 not be impaired by the ben assumption and that the risk of a breach of any covenant or agreement In this Security Instrument is acceptable to Lender. MUITsTATF FUCED1 D UBTABLE RATE RIDER- OnwYa rUSOR-Srigle Fa h3 FamWY UMfam, UrWnMnl Fmm 3187 =I (M. Win 9a Mae, Inc. Page 2 of 1`3187RDU 0816 RECEIVED F3187RLU(CLS) RECEIVED 0 &201000:37 AM PST SEP 2 4 111 OCT 18 [ui9 rrnO.%Izrx;s DCM WILMINICT?N NC DCM-MHD CITY LOAN p: 40073301 To the extent permitted byApplicable Law, Lender may charge a reasonable fee as a condition to Lender's consentto the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreernents made in the Note and in this Secudty Instmment. Borrower will continue to be obligated under the Note end this Security Instrument unless Lender releases Borrower In writing. If Lender exercises the option to require Immediate Payment In full, Lender shall gIva Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower falls to pay these sums prior tD the expiration of this period, Lender me yy Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Fixed/Adlustable Rate Rider. MULTISTATE FI%EDIADJURTARLE RATE RIDER-w6J On Yowr LIBOR -Single Fnnly-Foul, au Won I,rvumat Fom, 3167 SIDI (w. 6'16) Ebb Mai, Im Page 3 Of 3 F3197RDU 0616 F3167RLU (CLS) DM 19 DOW AM PST RECEIVED OCT 18 2019 RECEIVED SEP 2 4 2019 DCM-MHD CITY DCM WILMINGTON, NC EXHIBIT "A" Being all of Lot 5-6. as shown on a map etrtitled 'Shell Island Division of Tray 5 and 6. Wrightsville Beach -New Hanover County. North Cordlma new beach development by Shell Island Corporation" and which trap was prepared by Vemy Von Owen & Associates, Consulting Eugiaeaa, and Is duly nmm ed in the Office of the Register of Deeds of New Hanover County in Map Book 11 at Page 42. reference to which map and the record thereof is hereby spedfrcally made for a mare particular description of the la herein conveyed. This txmveyanew I$ made Subject to thaw certain restrictions an tars In the declaration of Restrictions recorded In Book 810, page 625. in the ORBS of the Register of Dosch of New Hanover County, as modified in the deed recorded in Book 1034, page 958, New Hanover County Registry. Togetber with all of the right, title and interest of the grantors to ad to all riparian rights apperraiotng unto the property herdoabovw descrioad acd conveyed; said riparian rights extending from the eascaly Ilae of said lot, eutwatdly to the waters of Back Chanel or Shell Island Lagoon; and being bounded on the north by the eastwardly extension of the northern boundary line of said lot; and on the south by the eantwardly a*usloo of the southern boundary line of said la. RECEIVED OCT 18 Z019 DCM-MHD CITY RECEIVED, i SEP 2 4 2019 DCM WILMINGTON, NC ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN secretary BRAXTON I DAVIS October 15, 2019 Director C ements Marine Construction Co. c/o Mark Clements 112 Circle Drive Hampstead, NC 28443 Dear Mr. Clements: The Division of Coastal Management hereby acknowledges receipt of your application, on behalf of Scott and Erin Gould, for State approval for development of the subject property located at 116 Parmele Drive in Wrightsville Beach, New Hanover County. It was received as complete on September 24, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision December 8, 2019. 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 September 24, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Patrick Amico Field Representative cc: DCM-WIRO DCM- MHC Tony Wilson, LPO USACE �WR uld, applicant `KYl'u �•dn(y xyd �� Ki�Mas�'u uMN.W 1tlI0YM,� RECEIVED OCT 18 =1311 DCM-MHD CITY North State of North Catalina I Environmental Quality I Coaxal Management ".ement Wilma 127 Cardinal Drive Ext., Wilmington, NC 28405 !8405 910-796-7215 RECEIVED. OCT 2 4 2019 i SECTION MHO CAMA PERMIT APPLIED FOR i A, i11 �eachg New A COMMENTS ACCEPTED THROUGH APPLICANT: Scott -Gould j !oq Parrnele'Blvd. rig svi. a AGENT: Mark Clements (910)-620 - 9110 t over County. FOR MORE OETAILS.CONTACT THE LOCAL'PERMIT O.FFiCER BELOW': 0 NORTH CAROLINA Environmental Quality October 23, 2019 Advertising@stamewsoliline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Scott Gould / New Hanover County Hello Angie: Please publish the attached Notice in the Sunday, October.27, 2019 issue. ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dirvelo , Division of CoastalAfanagemera 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.larimy Springer, (CustomerNo.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. ipport & Customer Assistance cc: MHC file Gregg Bodnar - WiRO USACE State of North Carolina I Environmental Quality I Conlal Management 127 Cardinal DriveEzt., Wilmington, NC 28405 9197967215 RECEIVE® OCT 2 4 2019 P SECTION dl HD 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 application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: September 24, 2019, Scott Gould proposed to construct a new four (4) slip private docking facility with associated dredging at 116 Parmele Blvd., adjacent to Banks Channel, Wrightsville Beach in New Hanover County. A copy of the application can be examined or copied at the office of Patrick Amico, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7423) 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 November 17, 2019 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. OCT 2 4 2019 RAP SECTION MHD MAJOR APPLICATION TRACKING SHEET APPLICANT: Scott Gould PROJECT: Replace docking facility, dredge w/backfill LOCATION: 116 Parmele Blvd, adjacent to Lollipop Bay, in Wrightsville Beach FIELD REP: PatrickAmico COUNTY: New Hanover AGENT/CONTRACTOR: Clements Marine Construction, Mark Clements1(910) 620-9110 Initial Date Received in Office: 08-14-19 10 DAY DEADLINE: Assigned to Field Rep: 08-14-19 To tkp: 09-27-19 Comments: initial date received: 8/14/19; dd info complete: 9/24/19• heck received: 9/27/19 Check if comnlete_ or record date received: Application Narrative Agent Auth. DEED Return Recei is Check No. and Amount Green Cards 'N141 �Ila1►q �I►�►li�► �lla�il�� 1IC1 Date: RETURNED TO APPLICANT, INCOMPLETE SUBMITTAL: Date: RECEIVED RE -SUBMITTED APPLICATION: Date: SENT ADD -INFO LETTER: NOTES: RECEIVED DCM-MHD CITY Letter of agent I Mayit-1 " C I 604 have retained Mark Clements DBA, Clements Marine Construction Inc, to make application for any and all permits needed to start construction on the work requested for our property or properties. By allowing Mr. Clements to make such applications I do understand that this will in no way relieve me of any obligations to perform all work according to the building codes of North Carolina, CAMA, DWQ or any other state and or county ordinances. Maw}tn -) 6c,(.Ad-t- Evl') 6-r tAA P n S' ature TJ1h. 9ia Z 4900 date Contact information I0 1 P LrM e'l< BI Jc4 W'j-JVJ3�llc $[ad,, NC 2-0 60 RECEIVED RECEIVED 0 C T 18 LO'i9 AUG 14 2019 ■ Complete items 1, 2, and 3. A.r3Rtjture ■ Print your name and address on the reverse 1 Q �t so that we can return the card to you. 0 Addressee ■ Attach this card to the back of the mailpiece, VD.Ietny fPrfrrte c. Date of Delivery or on the front if space permits. 1. Article Addressed to: add d"rfferent from item 1? ❑ Yes if YES, C^I delivery tImm belovr. ❑No apC�7+� -Y19UY� RGCE EU It: f3Wd AUG 3 0 2019 V/ V - ll I IIIIII llll III I I I I I I ll III II II I I'll IIIIII l III ❑ ul S gnature, Restricted Delivery Registered Adult Mail Restricted 9590 9403 0737 5196 1754 99 ❑ Ceretl la Restricted Delivery ❑ pReetum tifiReceipt!. ❑ Cdlecc on Delivery Merchandise 2 Article Number (Transfer from service label) ❑ Collect on Delivery Restricted Delivery 0 gnature Confinnaeo '-' Insured Mal signature Confimeri 7 216 2 710 0001 013 7 7555 cured Mail Restricted Delivery Restricted Delivery (overs5o0) PS Form 3811, Apnl 2015 PSN 7530-02-000-9053 Domestic Return Receipt 7016 2710 0001 0137 7555 • �� o a @@ � g@pT3�■3■gq gaca , 6t0b i env j C. _ 'a •—, icy / !, co 7016 2710 0001 0137 7562 ■ Gorri items 1, 2, and 3. A. So qdterQ ■ Print your name and address on the reverse - X ❑Agent so that we can return the card to you. ❑ Addre ■ Attach this card to the back of the mailpiece, B eceiY (pn N ) C. Date of Deli or on the front if space Dennits. _ f r ri. / w . Mter! D. Is delivery address different from Item 1? ❑ Yes If YES, enter cWtExO@ a•; ❑ No AUG 3 0 2M !(%r y%IrkU�//e 4a cA A-:9 _ IIIIIIIII IIII IIIII II IIII Ill ll lllllll 3. Service Type D Priority Mail Rxprease lllllll111 Ad.1tsignature AtluttSgnaheaRestrictedbeliuery CI �eglstered Mail Rwmctec D R 9590 9403 0737 5196 1754 82 fietl Mail® D¢I, ery ❑ Certified Mal Restricted Delivery ❑ Return Reception ❑ Collect on Delivery Merchandise 2. Article Number (Transfer from service label) ❑ C011eet on Delivery Restricted Deliverry ❑ Signature Confvmelicnm 7 016 2 710 0001 0137 7562 '1 Insured Mail l Insured Mal Restricted Delivery ❑ Signature Confirmation Restricted Delivery (Dyer $500) PS Form 381 1,April 2015 PSN 7530-02-000-9053 _ Domestic Return Receipt Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 10/1/2019 Clements Marine Scott Gould First 5253 $400.00 major fee, 116 Parmele Blvd, TP rct. Construction Citizens Wrightsville Beach NHCo NO Split 9485 Bank .7IVED S Z019 0( - ;.;,iD CITY Major Permit Fee Schedule Project Name: 60it! l County: Al/-{ Check No & Amount: Sa53 0400= Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies. III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. III(B). Public or commercial development, if General Water Quality Certification $40 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas. KEGtI`. OCT 18 _A DCM-MHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC: Lollipop Bay Fee: $400 #5253 CDAITS MHC cc Applicant: Scott Gould Agent/Contractor: Clements Marine Construction, Inc. c/o Mark Clements Project Site County: New Hanover Staff: Patrick Amico District: Wilmington Project Name: 116 Parme/e Blvd Rover File: n/a River Basin: Cape Fear Initial date of application submittal: 08-14-19 Date application "received as complete' in the Field office: Permit Authorization: El CAMA 0 Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION ORW: Yes RNo PNA: 0Yes NNo Photos Taken: YesEl NoO Setback Required (riparian): LJYes o Critical Habitat: LJYes UNO Not Sure 15 foot waiver obtained: Yes E No Hazard Notification Returned: ❑Yes []No SAV: Yes NNo ❑Not Sure Shell Bottom: ❑Yes No Not Temporary Impacts: ❑Yes ®No Sure Sandbags: DYes MNo Cl Not Sure Did the land use classification come Mitigation Required (optional): from county LUP: ®Yes []No []Yes [BNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ®No ❑NA (00 FT. ❑Yes [ZNo ❑NA Shellfish Area Designation: Project Description: (code) Development Area: (ne Open -or- , �"' / SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) N P Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I Ll Swamp Waters (SW) High Quality Waters (HQW) LJ Outstanding Resource Waters (ORW) WETLANDS IMPACTED r\11,1 (404) Corp. of Engineers (Jurisdictional (LS) Sea lavender (Limonium sp.) (SS) Glasswort (Salicomie sp.) wetlands) (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina alterniflora) cynosuroldes) (DS) Salt or spike grass (Distichlis (SC) Bullrush or three square (Scirpus (T () Cattail (Typha sp.) spicata) sp.) 4 El (JR) Black needlerush (Juncus El (SP) Salttmeadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/ D&F up to 1 acre; 3490 El III(D) Priv. public or comet wl D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 I I1(B) Public or commercial wi D&F to 1 Express Permit - $2000 acre; 4144 can be applied - $400 Major development extension request - ❑ II. Public or commercial/no dredge H1=GETVFD $100 and/or fill - $400 I. Private no dredge and/or fill - $250 III(C) Priv. public or Comm w /D&F to 1 0 C T 1 S u 9 acre; 4144 can be applied; DCM needs DWQ agreement - $400 7 ROY COOPER Gpvemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direcloq Division of Corwal Management October 18, 2019 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) oreaa.bodnar0ricdenr.aov SUBJECTS CAMA Major Permit Application Review Applicant: Scott Gould Project Location: 116 Parmele Blvd. Wilmington Proposed Project: Proposes to replace and expand and existing docking facility and dredge for twat access Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by November 8, 2019. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 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. PRINT NAME AGENCY :9[eI.I`it17 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. State of North Caroline I Environmental Quality (Coastal Management 400 Commerce Ave. Morehead City, NC 28557 (252) 808-2808 DCM Coordinator: Great Bodnar Distributed Yes® No ❑ Applicant: Scott Gould Distribution Date: 10/18/2019 AGENCY WIRO WARD LPO Twilson@towb.org Rachel Love Adrick MHC Rachel Love Adrick washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, Chowon, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Tyler Crumbley (Temporarily away Josh Peletier — (Bertie, Currituck, Dare, Gates, everything goes to Liz) Pamlico, Posquotank, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT Brad Shaver DOT - Tom Steffans-(Beaufort, Carteret, Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort, Carteret Craven, Eliz Lee Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Curt Weychert WIRO Marine Fisheries NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton State Property Tim Walton & Mike Moser & Wanda Tim Walton & Mike Moser & Wanda Hillard Hillard Sheri A. Montalvo DEMLR/DWR: Sheri A. Montalvo (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Robb Mairs (Carteret New Hanover Anthony Searbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARD) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter T:\MAJOR PERMITS SECTION\Permits\Forms and Templates\Admin\Maj Comment Distribution Sheet 2019.docx Revised: 5/7/2019