74-20 Keefer, Brian

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
3permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
74-20
Issued to Brian Keefer, 120 Great Oaks Drive, Hampstead, NC 28443
Authorizing development in Pender County at adi. to the AIW W. at Lots 3 and 3A
Howards Lane. in Hampstead as requested in the permittee's application dated 3/15/20,
including attached worknian drawings (3). dated 2/29/20.
This permit, issued on June 24, 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
m mese terms may oe suoject to nnes, imprisonment or civil action; or may cause me permit to De null ana vota.
Docking Facility
1) This permit authorizes only the docks, boatlifts, piers, covered platforms, and other structures and
uses located in or over the water that are expressly and specifically set forth in the permit application.
No other structure, whether floating or stationary, shall become a permanent part of this docking
facility without permit modification. No non -water dependent uses of structures shall be conducted
on, in or over Public Trust waters without permit modification.
2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2023
Signed by the authority of the Secretary of DEQ and the Char
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Pennittee

Brian Keefer
ADDITIONAL CONDITIONS
Permit No. 74-20
Page 2 of 3
3) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
4) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation, and shall not exceed the established Federal Channel Setback line.
5) 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.
6) This permit authorizes a maximum of 4 formalized boat slips.
7) Any portion of the permitted access pier and docking facilities built above Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet above the wetland substrate as
measured from the bottom of the decking.
8) The elevated access pier shall have a minimum vertical navigational clearance of 6 feet above the MHW
at the lowest part of the bridge. The bridge shall provide a minimum horizontal navigational clearance
of 10 feet.
9) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's area of riparian access.
10) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.
11) The roof of the gazebo shall not be designed for second story use.
USACE / FEDERAL CONDITIONS
12) 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.eov/nc-es/mammal/manatee Ruidelines.pdf.
General
13) 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.
14) 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.

Brian Keefer
ADDITIONAL CONDITIONS
Permit No. 74-20
Page 3 of 3
15) 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-2020-00559).
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. 2020-0413.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water.
NOTE: An application processing fee of $250 was received by DCM for this project.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Brian Keefer
2. LOCATION OF PROJECT SITE: Lots 3 and 3A Howards Lane, adjacent to the
Atlantic Intracoastal Waterway (AIWW), in Hampstead, Pender County.
Photo Index - 2006: 22-7435, U-W, 8
State Plane Coordinates - Lat: 34°21'26.93"N
3. INVESTIGATION TYPE: CAMA
Long: 77°40'55.62"W
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/10/2019
Was Applicant Present — Yes (owner)
5. PROCESSING PROCEDURE: Application Received — 3/23/2020
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Pender County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: PT, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Septic
Planned - N/A
(F) Type of Structures: Existing — vacant
Planned — Four (4) slip docking facility.
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
7. HABITAT DESCRIPTION:
(AREA]
DREDGED FILLED QIHER
(A) Vegetated Wetlands (Mixed coastal &
404-type)
(B) Non -Vegetated Wetlands
(Open water
1,144 sq. ft.
(incorporated)
(C) Other
(D) Total Area Disturbed: 1,144 sq. ft. (0.026acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
PROJECT SUMMARY: The applicant proposes to construct a four (4) slip docking facility.
RECEIVED
MAR 2 5 2020
DCM-MHD CITY

Brian Keefer
Page 2
9. PROJECT DESCRIPTION:
The project site is located at Lots 3 and 3A Howards Lane, adjacent to the AIWW, in
Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to
Forest Sound Road (approximately 12.5 miles from the Wilmington Regional Office).
Turn right onto Forest Sound Road, which after approximately 0.6 miles becomes Corcus
Ferry Road. Continue approximately 1.3 miles down Corcus Ferry Road to Howard's
Lane. Take a right onto Howard's Lane and travel approximately 0.10 miles. The
property is located along the eastern side of Howard's Lane, just before house number
257.
The property consists of a 1.23-acre parcel that is situated on land that is approximately
2-6 feet above mean high water (MHW) and is vegetated primarily with lawn grasses.
The property is currently vacant with no man-made structures present. The shoreline
(approximately 170' as measured along the Mean High Water line) is stabilized by lawn
grasses intermixed with coastal and 404-type wetlands. Smooth Cordgrass (Spartina
alternii lora), along with Glasswort (Sallcornia spp.) and Sea Lavender (Limonium
carolinlanum), span along the intertidal flat a distance of approximately 400' before
reaching the open water area of the AIWW. The width of the waterbody, in the vicinity of
the project site, measures approximately 660' from marsh to marsh.
The waters of the AIWW are classified SA-ORW by the Division of Water Quality. The
project area is NOT designated as a Primary Nursery Area (PNA) by the N.C. Division
of Marine Fisheries and is OPEN to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a four (4) slip private docking facility into the waters
of Topsail Sound/AlW W. According to the work plan drawings, the applicant proposes to
install an approximate 6' x 485' access pier along the center of the property's shoreline.
As proposed, the pier would cross an existing channel (approx. 20' in width) close to
shore and extend over an open water flat measuring approximately 280' in width. At this
crossing, the pier would be elevated a minimum of six feet above the MHW line. As
described, the pier would extend approximately 70' beyond the edge of the marsh and
would terminate in a 20' x 20' covered gazebo. In addition„ the applicant proposes to
install three fixed finger piers and a floating dock, as well as two- 12' x 12' boatlifts. The
fixed finger piers would be installed on both side of the proposed gazebo and would
provide access to the proposed boatlift and floating dock. Along the northern side of the
fixed platform, the applicant proposes to install a 4' x 24' and a 4' x 26' finger pier to
access the two, 12' x 12' boatlifts. Along the southern side of the platform, the applicant
would install a 4' x 24' finger pier to access the proposed 8' x 20' section of floating
dock. As designed, the boatlifts and floating would be oriented in an east/west direction
allowing for shore perpendicular dockage. According to the application package, the
proposed platform, boatlifts and floating dock would terminate just short of the federal
channel setback, and well within the limits based on the %. width limitation.
RECEIVED
MAR 2 5 2020
DCM-MHD CITY

Brian Keefer
Page 3
As described in the application package, water depths in the vicinity of the proposed
docking facility average approximately -2.0' to -2.5, relative to the Mean Low Water
level.
Based on the work plan drawings, the applicant's proposal is located outside of the 15'
riparian corridor setback of both adjoining property owners. As a result, the applicant did
not require a waiver from neither neighbor for the proposed development.
10. ANTICIPATED IMPACTS
The proposed four (4) slip docking facility would result in the incorporation of
approximately 1,144 sq. I of estuarine and public trust area. Although no SAV was
observed within the project area, site conditions did not permit a conclusive
determination as to whether there would be any impacts to SAV (due to limited visibility
resulting from turbulent and stained water).
The proposed development would be located outside of the 15' riparian corridor setbacks
on both sides, would be constructed within %4 of the width of the waterbody and outside
of the federal channel setback.
Submitted by: Jason Dail Date: 3/23/20 Office: Wilmington
RECEIVED
MAR 2 5 2020
DCM-MHD..CITY

Debbie Wilson Consulting Services
debbiew 75*wharter, net
[phone]
March 15, 2020
Jason Dail, Field Representative
NC Division of Coastal Management
127 Cardinal Drive Ext.
Wilmington, NC 28405
Dear Jason,
As acting agent for Brian Keefer, who owns Lots 3 & 3A on Howards Lane,
Hampstead, in Pender County, N.C, I am submitting the enclosed CAMA Major
Permit Application for a proposed private docking facility adjacent to the AIWW.
Mr. Keefer would like to construct a pier (6' x 485') including an elevated portion
(min. of 10' in width and elevated 6' above NEW) over the channel portion of the
existing slough, a covered platform (20' x 20'), floating dock (8' x 20'), 3 fixed
finger piers (2 = 4' x 24', 1 = 4' x 26') and 2 boatlifts (12' x 12' each).The
structures would not exceed the Y< width (165') of the waterbody which measures
approximately 663' at the location of the proposed project and will not encroach
into either of the adjacent 15' riparian corridor setbacks nor the USACE Federal
Channel Setback. The applicant is requesting to construct the proposed structure to
extend out into the AIWW due to minimal water depths of approx. V @ NLW in
the channel portion of the nearshore slough and would be in keeping with existing
adjacent piers. Please feel free to contact me if you need any additional
information or have any questions.
Sincerely,
Debbie Wilson, Agent
Enclosures
RECEIVED
JCM WILMINGTON, NC
MAR 1 6 N20
RECEIVED
MAR 2 5 2020
_DCX-MHD-CM

I
ON MP-1
APPLICUIDN for
Major Development Permit
(last revised 12/27l06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Project Name (9 applicable)
Applicant 1: First Name
Brian
MI
S
Last Name
Keefer
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
120 Great Oaks Drive
PO Box
city
Hampstead
State
NC
ZIP
28443
Country
USA
Phone No.
803-741-8133 ext
FAX No,
-
Street Address (if different from above)
City State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Agent/ Contractor 1: First Name
Debbie
MI
D
Last Name
Wilson
AgenU Contractor 2: First Name
MI
Last Name
Mailing Address
4828 Carolina Beach Road
PO Box '
City
Wilmington
state
NC
ZIP
28412
Phone No. 1
910.612 - 0402 ext.
Phone No.
2
ext.
FAX No.
Contractor #
Street Address (if different from above)
City
state
ZIP
Email
[e-mail]
RECEIVED
<Form continues on back>
MAPA CE VED
MAR 2 5 2020
BCWMHD-Ct�(-......_.

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project location
County (can be multiple)
Street Address
State Rd, It
Pander
Lots 3 & 3A Howards Lane
Subdivision Name City
State
zip
Forest Sound Hampstead
NC
28443 -
Phone No.
Lot No.(s) (Nmany, attach additional page with list)
803 - 741 - 8133 ext.
3, 3A, I ,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
White Oak
Topsail Sound
c. Is the water body identified in (b) above, natural or manmade?
d, Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑Unknown
AIWW
e. Is proposed work within city limits or planning jurisdiction?
I. if applicable, Ilst the planning Jurisdiction or city limit the proposed
®Yes ❑No
work falls within.
Pander County
4.
Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
170 ft. along NHW Line
54.000 sq. ft.
c.
Size of individual lot(a)
d. Approximate elevation of tract above NHW (normal high water) or
Now combined into 1 lot,
NWL (normal water level)
(ft many lot sizes, please attach additional page with a list)
2-6 ft. ®NHW or ❑NWL
e.
Vegetation on trait
Lawn grasses
f. Manmade features and uses now on tract
None
g.
Identify and describe the existing land uses adjpc n to the proposed project site.
Residential
h.
How does local government zone the tract?
i. Is the proposed project consistent with the applicable zoning?
Residential Performace
(Attach zoning compliance certificate, if applicable)
®Yes []No ❑NA
j,
Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yea ®No
k.
Has a 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 H involve a ❑Yes ONO ❑NA
National Register listed or eligible property?
•r—
�:5z-a•1n ..
<Form continues on next page>
mAp
RECEIVED
MAR 2 5 2020
DCM-MHD CITY

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (1) Are there wetlands on the site? ®Yes []No
(ii) Are there coastal wetlands on the site? ®Yea []NO
(iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ®No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Septic
o. Describe existing drinking water supply source.
Private well
p. Describe existing storm water management or treatment systems.
None
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Government
®Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Private pier,platfonn, floating dock and boatlifts
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it b to be stored.
Typical marine construction with barge mounted pile driver.
d. List all development activities you propose.
Pier, fixed covered platform, 2 finger piers, floating dock and 2 boatlifts.
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 DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
i. Will wastewater or stonnwater be discharged into a wetland?
❑Yes ®No [:]NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes ❑No ❑NA
j. Is there any mitigation proposed?
❑Yes ®No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back>
""—a__;t--1VbAD
D;Ckl "II'LiiMINGTON, NC
MARRrEMIVED
MAR 2 5 2020
C -MHD CITY

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional information
In addition to this completed application form, (MP-1) the following Items below, if applicable, must be submited in order for the application j
package lobe complete Items (a) — (0 are always applicable to any major development application;. Please consult the application
instruction booklet on how to properly prepare the requireditems 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 stun or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Jennifer Stirrat '- _Phone No
Address 213 Hcwards Lane, Hampstead, NC 26443
Name Randall Edens Phone No.
Address 15226 US HWY 17, Hampstead, NC 28443
Name Phone No,.
,Address .:.;
g. A list of previous state or federal permits Issued for work on the project tract. Include permit numbers, pernittee, and issuing dates.
NIA
In. Signed consultant or agent authorization forth, 9 applicable.
1. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), it necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7, Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 3/15120 Print Name Debbie Wilson (Agent)
Signature
S.1 GA& 'of —
Please indicate application attachments pertaining to your proposed project.
pDCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
pDCM MP-3 Upland Development
®DCM MP 4 Structures Information
DO'N1 Y'!11.lYii"N G ;"0�'J, ;vI
MAR 16 2020
(RECEIVED
MAR 2 5 2020
DCM-MHD CITY

Form DDCM 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 El This section not applicable
a. (i) Is the docking facility/manna: b. (i) Will the facility be open to the general public?
❑Commercial ❑Public/Government ®Private/Community ❑Yes ®No
c. (i) Dock(s) and/or piers)
d. () Are Finger Piers included? ®Yes ONO
(11) Number 1
If yes:
(ii) Length 485'
(ti) Number $
IN) Width 6'
(ii) Length 10 26' & 2 0 24'
(v) Floating []Yes ®No
(iv) Width 4'
(v) Floating ❑Yea ®No
e. (i) Are Platforms included? ®Yes []No
f. () Are Boallifts included? ®Yes []No
If yes:
If yes:
(11) Number 2
(ii) Number 2
(ii) Length 20' Fixed & 20' Floating
(III) Length 12'
(iv) Width 20' Fixed & 8' Floating
(iv) width 12'
(v) Floating ®Yea ❑No
Note: Roofed areas are calculated from dripfine dimensions.
g. (1) 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
(ii) Number of slips existing
maintenance service
[I Dockage, fuel, and marine supplies
4
❑ Dockage ('Wet slips") only, number of slips: _
❑ Dry stomgel 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: 18' - 25
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of be pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Open runabout
I. (i) Will the facility be open to the general public?
❑Yes ®No f-;ECEIVEO
DOM WILMINGTON, NO
MAR. 1 6 2020
RECEIVED
�:',iJ 09•sax'.a :s t 55A.1RG•;a3" vY'N h',n >a'S{t?,'n�are'Ic3..: zx r>.°. rfe.: ta�.r3 n : -1 X2 P't,16
tu�A2 5 2020
------D1C-M-MHD CITY --

Form DCM MP-4 (structures, Page 2 of a)
[2. DOCK/NG FACILfFY/MARINA OPERATIONS Srnis section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number: _; 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. (1) 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. _
1. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
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? MAR 16 2020
❑Yes ❑No
RECEIVED
253•i1� 3-25Ua :i 1-1AD•<..RCD3�7 r. wrv.;�u,� s atrnahec+� �,.;t.r,et r+vto n: 22:2"'08
MAR 15 2020
---- - DCM-MHD CITY ____

Form OCIM MP-4 iStructures, Page 3 of Q)
n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the manna/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation ($AV). shelf bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB _
OWL ❑Nona
p. Is the proposed manna/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 lifts) ZThis section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Publlo/Government ❑Private/Community
(a) Number _
(III) Length
(iv) Width _
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (eg„ wood, sheetpile, etc If a rock groin, use MP-Z Excavation and Fill) ®This section not applicable
a. (i) Number
(ii) Length
(lit) Width
S. 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 BUOYS0 This section not applicable
a. Is the structure(s), b. Number _
❑Commercial ❑Pub)ic/oovemment ❑Private/Community,
c. Distanceto be placed beyond shoreline _ d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from marsh edge, if present.
e. Am of the swing
,Rl!=VCEI\lE:U
7. GENERAL OCN1+iLtvilNTai tw �1G ,
MAR i S Zr?}
RECEIVED
MAR 2�5 202 ne
DCM-MHD CITY

Form ACM MP-4 (Structures, Page 3 of 4)
a. Proximity of structure(s) to adjacent riparian property lines
37' to West, 40' to East
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
c. Width of water body
63'
6. (1) Will navigational aids be required as a result of the project?
[)Yes ONO ❑NA
(II) If yes, explain what type and how they will be implemented.
b. Proximity of structure(s) to adjacent docking facilities.
110' East side,120" West side
d. Water depth stwaterward end of structure at NLW or NWL
-2.5' @ NILW
8. OTHER ❑This secgonnot applicat
a. Give complete description'.
The access pier (6' x 458') will have an elevated portion (min. 10' in width an 6' above NHW) over the channel portion of the 20'
wide near shore slough, a covered 20' by 20' fixed "T-head" platform, 3 fixed finger piers(1 @ 4' x 26' 8 2 @ 4' x 24' each),1
floating dock (8' x 20') and 2 boatlifts (12' x 12' each).
3(15120
Date
Keefer. Dock
Project Name _
Debbie Wilson, Agent
Applicant Name
Applicant Signature -
R;=C;EIVEt7
DUA VVILMING T ON, NC
MAR 16 2020
RECEIVED
1-380-4RtOA$,-T r-:_. e -eaALn-,A WAR1U 20 �&

ROY COOPER
Governor
MICHAELS.REGAN
seaena-y
BRAXTON C. DAVIS
Dlnx
Debbie Wilson
4828 Carolina Beach Road
Wilmington, NC 28412
Dear Ms. Wilson:
NORTH CAROLINA
Environmental Quallty
March 23, 2020
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for the
applicant - Brian Keefer, requesting authorization under the Rules of the N.C. Coastal Resources. Commission
for development activities at Lots 3 and 3A Howards Lane, adjacent to the AIWW and Topsail Sound, in
Hampstead, Pender County. It was received as complete on March 16, 2020, and appears to be adequate for
processing at this time. The projected deadline for making a decision on your permit application is May 30,
2020. 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 March 16, 2020, you may request a
meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your
project Such a meeting will be held within five working days from the receipt of your written request and
shall include the property owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires 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.
ncerely,
son D` dSI
Field Representative
cc: Property owner. Brain Keefer
WiRO -file
Liz Hair, USACE
Robb Mairs, DWR
120 Great Oak Drive, Hampstead, NC 28443
North Carolina Department of Emlrwmental quality Division of Coastal Management.
Wilmington Office 127 Cardinal Drive Extension ' Wlimington North Carolina 28105
g101v &7215
RECEIVED
MAR 2 5 2020
DCM-MHD CITY

Name of Property Owner Requesting Permit: I Jrtoof e K
Melling Address: I'Z'D
1- 4,�5ie',L1 NC 0,20 t (3
Phone Number: sJ3 i q I $ i .3 3
Email Address: B cc an , Vee t,- kAYWn
I certify that I have authorized ire bbi P W i l Sov.
Agent r Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: Ne L,) e4 nc k
at my property located at Lo t 3 13A Pz)tw s c S lanE t- L-eP 4r, a N C 2.2 W3
,
in PenAej: County.
l furthemlore certify that I am authorized to grant, and do in fact grant permission to
Division of Coastal Management stall, the Local Permit Offer and their agents to enter
on the aforementioned lands In connection with evaluating intimation related to this
permit application.
Properly Omwr intonnation:
a �s'
Print or Type Name
ow-t--A--
rrle
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Date
This certification is valid through 10_11_1 20 7 a
Fit; GEIVED
DCM WILMINGTON, NC
MAR 1 6 2020
RECEIVED ;
MAR 2 5 2020
DCM-MHD CITY

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RECEIVED
MAR 2 5 2020
DCM-MHDICITY_

The attorney preparing this instrument has made no record
search or title examination as to the property herein
described, unless the same is shown by his written and
signed certificate.
Excise Tax $1120.00
Tax Parcel Identifier No.: 3292-73-7742-0000
Return to:
Book and
Prepared by: Marls L Nunalee, Attorney at Law, P.O. Box 428, Burgaw, NC 28425.
Brief Dese. for the Index 12.678 ac MB 36188
TMTS PROPERTY IS ❑ OR IS NOT X THE GRANTOR'S PRINCIPAL RESIDENCE.
NORTH CAROLINA GENERAL WARRANTY DEED
THIS DEED made this _ day of 2019 by and between:
GRANTOR
Hiram B. Williams and wife, Kathy P. Williams
825 South Green Tee Rd.
Hampstead, NC 28443
Grantor and Grantee as
GRANTEE
Brian S. Keefer and wife, Angela V. Keefer
120 Great Oak Drive
Hampstead, NC 28443
and shall include singular, plural, masculine, feminine or neuter as required by context.
successors and assigns,
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which Is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain
lot or parcel of land situated in Topsail Township, Pender County, North Carolina and more particularly described as
follows:
SEE ATTACHED EXHIBIT A metes and bounds description of 2.678 acres on Howard's Lane.
Subject property is part of a tract registered according to Law with North Carolina Commercial and Sports
Fisheries Department of Conservation and Development have been so registered 12-16-1969. p
G ; �~I
Grantor does nor warrant title to the portion of the herein described property which falls below the fii"gti ' - � ` , r'VC
water mark of Topsail Sound. RECEIVED 'VAR 1 6 n2O
MAR 2 5 2020
DCM-MHD CITY

Together with rights of egress and ingress over road shown on Maps of "Forest Sound" and the extension of
Howard's Lane 60 feet wide adjacent to Lot 3.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 2231, Page 252 of the
Pender County Registry.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to
convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant
and defend the title against tire lawful claims of all persons whomsoever except for the exceptions hereinafter stated.
Title to the property hereinabove described is subject to the following exceptions:
1. Restrictions recorded in Book 1238, Page 158.
2. Ad valorem taxes for the year 2019.
3. Routine utility easements and highway rights of way.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand and seal, or if corporate, has caused this
instrument to be signed in its corporate name by its duly authorized officers, the day and year first above written.
(SEAL)
Aiiiin B. Williams
t�dw r.. / I.LQ. W&yUe-" (SEAL)
Kathy iT Williams
STATE OF NORTH CAROLINA
COUNTY OFPENDER
I, LAURA L. TERBEEK, a Notary Public in and for the aforesaid County and State, do hereby certify that
Hiram B. Williams and Kathy P. Williams personally appeared before me this day and acknowledged to me that he/she
voluntarily signed the foregoing document for the purpose stated therein.
Witness my hand and notarial seal this tli day of Veiverq 6 en 2019• o..„:A;;;; 2«mi
av
Notary Public s
My Commission Expires: July 31, 2023 PUBLIC
FAKIM'S COREL 8 FILESU WDEEDS 2019\XREFER.WILLLIMS.DOCX
MAR 1 6 2020
RECEIVED
MAR 2 5 2020
DCM-MHD CITY

DEED OF TRUST
COLLATERAL IS OR INCLUDES FIXTURES
RECORDATION REQUESTED BY:
FirstCltfzens Bank & Trust Company
DAD 20
PO Box 26592
Raleigh, NC 27611.6592
WHEN RECORDED MAIL TO:
First Citizens Bank, Loan Servicing Department•DAC20, PO Box 26692, Raleigh, NC 27641.6592
SEND TAX NOTICES TO:
CO LMS
This Deed of Trust prepared by:
x
ROBERT 0 COLLINS, ATTORNEY
a RF� g,4C
gtnwlminn, NC 28403
THIS DEED OF TRUST Is dated November 12, 2019, among BRIAN S KEEFER and ANGELA V KEEFER ,
husband and wife, whose address Is 120 GREAT OAK DR, HAMPSTEAD, NC 28443 ("Grantor");
FlrstCitizens Bank & Trust Company, whose address Is DAC 20, PO Box 28592, Raleigh, NC 27611-6592
(referred to below sometimes as "Lender" and sometimes as "Benoficlaryl; and NEUSE, INCORPORATED,
whose address Is 100 EAST TRYON ROAD, RALEIGH, NC 27603 (referred to below as "Trustee"),
CONVEYANCE AND GRANT, NOW, THEREFORE, as security for the Indebtedness, advancements and other
sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (Including attorneys'
fees as provided In the Note) and other valuable consideration, the recelpt of which Is hereby acknowledged,
Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant
and convey to Trustee, and Trustee's helm or successors and assigns, for the benefit of Lender as Beneficiary,
all of Grantor's right, title, and Interest in and to the following described real property, together with all existing
or subsequently erected or affixed buildings, Improvements and fixtures; all easements, rights of way, and
appurtenances; oil water, water rights and ditch rights (including stock In u ilitles with ditch of ifdgahon rightsk
and ad other rights, royalties, and pro0ls relating to the real property, including without limitation all minerals,
oil, gas, geothermal and similar matters, (the "Real Property") located in FENDER County, Stale of North
Carolina:
See the exhibit or other dasedption document which Is attached to this Deed of Trust and made a part of
this Deed of Trust as If fully set forth herein.
The Real Property or Its address Is commonly known as LOT 3 & 3A HOWARDS LN, HAMPSTEAD, NC
28443. The Real Property tax Identification number Is 3292-73-7742-0000.
To have and to hold sold Real Property with all privileges and appurtenances ihereunto belonging, to the
Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses
hereinafter set forth.
Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title,
and Interest in and to all present and future losses of the Property and all Rents from the Property. In a`�.dglon,. -- 4.; �`
Grantor grants to Lender a Uniform Commerclat Code security Interest in the Personal Property and Rents nr^
+
THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTERFk w Yoe-.-
RECENO

DEED OF TRUST
(Contlnued) Page 2
RENTS AND PERSONAL PROPERTY, 18 GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B)
PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS
DEED OF TRUST. THIS DEED OF TRUST 18 GIVEN AND ACCEPTED ON THE FOLLOWING TERMS:
PAYMENT AND PERFORMANCE. Except as otherwise provided In this Deed of Trust, Grantor shell pay to
Lender all amounts secured try this Deed of Trust as they become due, and shag strictly and in a Umely manner.
perform all of Grantor's obligations under the Note, this Dead of Trust, and the Related Documents.
POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of
the Property shag be governed by the following provision:
Possession and Use. Until the occunonce of an Event of Default, Grantor may (1) remain In possession
and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the
Property.
Duty to Maintain. Grantor shall maintain the Property In good condition and promptly perform all repairs,
replacements, and maintenance necessary to preserve its value.
Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the
Period of Grantees ownership of the Property, there has been no use, generation, manufacture, storage,
treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under,
about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been,
except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or vlolation of
any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or
threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners
or occupants of the Properly, or (o) any actual or threatened litigation or claims of any kind by any person
relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender In
writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shell
use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about
or from the Property; and lb) any such activity shag be conducted In compliance with all applicable
federal, stale, and local laws, regulations and ordinances, Including without limitation all Environmental
Laws. Grantor authorizes Lender and Its agents to enter upon the Property to make such Inspections and
tests, at Grantor's expense, as Lender may deem appropriate to determine wmpliance of the Property with
this section of the Deed of Trust. Any Inspections or tests made by Lender shall be for Lender's purposes
only and shag not be construed to create any responslbggy or liability on the part of Lender to Grantor or to
any other person. The representations and warranties contained herein are based on Grantor's due
diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives
any future claims against Lender for Indemnity or contribution In the event Grantor becomes liable for
cleanup or other costs under any such laws; and (2) agrees to Indemnify, defend, and hold harmless
Lender against any and all claims, losses, IlabillUes, damages, penalties, and expenses which Lender may
directly or Indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a
consequence of any use, generation, manufacture, storage, disposal, release or threatened release
occurring prior to Grantees ownershlp or Interest in the Property, whether or not the same was or should
have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation
to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and
reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any
Interest In the Property, whether by foreclosure or otherwise.
Nuisance, Waste. Grantor shall not cause, conduct or permit any nulaance nor commit, permit, or suffer
any stripping ur or waste on or to the Property or any portion of the Property. Without limiting the
generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any
Umber, minerals (including oil and gas), coal, day, scoda, soil, gravel or rock products without Lender's
prior written consent.
Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property
without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may
require Grantor to make arangemenls satisfactory to Lender to replace such Improvements with
Improvements of at least equal value.
Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property
at all reasonable times to attend to Lenders Interests and to Inspect the Real Property for purposes of
Grantor's compliance with the terms and conditions of this Deed of Trust
Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances,
and regulations, now or hereafter In effect, of all governmental authorities applicable to the use or
occupancy of the Property. Grantor rosy contest in good faith any such law, ordinance, or regulation and
withhold compliance during any proceeding, including appropriate appeals, so long as Grantor hag notified -
Lender In writing prior to doing so and so long as, In Lender's sole opinion, Lenders Interests In the
Property are not Jeopardized. Lender may require Grantor to post adequate security or a surety bond,
reasonably satisfactory to Lender, to protect Lender's interest.
Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all
other acts, in addition to those acts set forth above in this section, which from the character and use of the
Property are reasonably necessary to protect and preserve die Property.
DUE ON SALE • CONSENT BY LENDER. Lender may, at Lender's option, declare Immediately due and payable
RECEIVED
MAR 2 5 2020

DEED OF TRUST
(Continued) Page 3
all sums secured by this Dead of Trust upon the sale or transfer, without Lender's prior written consent, of all
or any part of the Real Properly, or any Interest in tire Real Property. A 'sale or tmnsfer' means the
conveyance of Real Property or any right, title or Interest In the Real Property; whether legal, beneficial or
equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land
contract, contract for deed, leasehold Interest with a term greater then three (3) years, lease pllon contract, or
by sale, assignment, or transfer of any beneficial interest In or to any land trust holding title to the Real
Property, or by any other method of conveyance of. an interest In the Real Property. However, :his option shall
not be exercised by Lender if such exercise is prohibited by federal law or by North Carolina law.
TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this
Deed of Trust:
Payment. Grantor shall pay when due (and In all events prior to delinquency) all taxes, special taxes,
assessments, charges (Including water and sewer), fines and impositions levled against or on account of
the Property, and shall pay when due all claims for work done on or for services rendered or matedal
furnished to the Property. Grantor shall maintain the Property free of all lens having priority over or equal
to the Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and
except as otherwise provided In this Deed of Trust.
Right to Contest. Grantor may withhold payment of'sny tax, assessment, or claim in connection with a
good felth dispute over the obligation to pay. so long as Lender's Interest In the Property Is not Jeopardized.
If a Ilan arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the ten
arises or, If a Ilan Is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge
of the Ilan, or If requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or
other security satisfactory to Lender in an amount sufficient to discharge the lien plus any coat$ and
reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the
Ilan. In arty contest, Grantor shall defend Itself and Lender and shall satisty any adverse Judgment before
enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety
bond furnished in the contest proceedings.
Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of
the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at
any time a written statement of the taxes and assessments against the Property.
Notice of Construction. Grantor shalt notify Lender at least fifteen (15) days before any work Is
commenced, any services are furnished, of any materials are supplied to the Property, If any mechanic's
lien, maleriaimen's lien, or other lien could be asserted on account of the work, services, or materials.
Grantor will upon request or Lender furnish to Lender advance assurances satisfactory to Lender that
Grantor can and will pay the cost of such improvements.
PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this
Deed of Trust.
Maintenance of Insurance. Grantor shall procure and maintain policies of fire Insurance with standard
extended coverage endorsements on a fair value basis for the full Insurable value covering all Improvements
on the Real Property in an amount sufficient to avoid application of any coimurence clause, and with a
standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as
Lender may reasonably require. Policies shall be written In form, amounts, coverages end basis reasonably
acceptable to Lender and Issued by a company or companies reasonably acceptable to Lender. Grantor,
upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in
form satisfactory to Lender, Including stipulations that coverages will not be cancelled or diminished
without at least ten (10) days prior written notice to Lender. Each Insurance policy also shall Include an
endorsement providing that coverage In favor of Lender will not be Impaired In any way by any act,
omission or default of Grantor or any other poison. Should the Real Property be located In an area
designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard
area. Grantor agrees to obtain and maintain flood Insurance, if available, for the full unpaid principal
balance of the loan and any prior Item on the property securing the ban, up to the maximum policy limits
set under the National Flood Insurance Program, or as otherwise required by Lander, and to maintain such
insurance for the term of the loan. Flood Insurance may be purchased under the National Flood Insurance
Program, from private Insurers providing "private flood Insurance' as defined by applicable federal flood
insurance statutes and regulations, or from another flood insurance provider that is both acceptable to
Lander In its sole discretion and permitted by applicable federal flood Insurance statutes and regulatlons.
Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property.
Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or
not Lenders security is Impaired, Lender may, at Lenders election, receive and retain the proceeds of any
Insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the
Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration
and repair, Grantor shall repair or replace the damaged or destroyed Improvements In a manner satisfactory
to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the
proceeds for the reasonable cost of repair or reato ration If Grantor Is not In default under this DeEsl, of-
Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which LeodiW `•^ • has not committed to the repair or restoration of the Property shall be used first to pay any am6)i 030.04'. i t ,iy Ity'_"
to Lender under this Deed of Trust, then to pay accrued Interest, and the remainder, if any, shall be applied •-
to the principal balance of the Indebtedness. If Lender holds any proceeds after payment In full oftihp'� 1 it
RECEIM
MAR 2 5 2020
nrne_MHD CITY

DEED OF TRUST
(Continued) Page 4
Indebtedness, such proceeds shall be paid to Grantor as Grentofs interests may appear.
LENDER'S EXPENDITURES. If Grantor falls (A) to keep the Property free of all taxes, liens, security Interests.
encumbrances, and other claims, (B) to provide any required insurance on the Property, or (C) to make
repairs to the Property then Lender may do so. If any action or proceeding is commenced that would materially
affect Lenders Interests In the Property, then Lender on Grantor's behalf may, but is not required to, take any
action that Lender believes to be appropriate to protect Lenders Interests. All expenses Incurred or paid by
Lender for such purposes will then bear Interest at the rate charged under the Note from the date Incurred or
paid by Lender to the date of repayment by Grantor. All such expenses will become a pert of the Indebtedness
and, at Landes option, will (A) be payable on demand; (B) be added to the balance of the Note and be
apportioned among and be payable with any Installment payments to become due during either (1) the term of
any applicable Insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon
payment which will be due and payable at the Note's maturity. The Deed of Trust also will secure payment of
these amounts. The rights provided for In this paragraph shall be In addition to any other rights or any
remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be
construed as curing the default so as to bar Lender from any remedy that it otherwise would have had.
WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of
this Deed of Twat:
Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee
simple, free and dear of all liens and encumbrances other than those set forth In the Real Property
description or in any title Insurance policy, title report, or final title opinion Issued In favor of, and accepted
by, Lender In connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority
to execute and deliver this Deed of Twat to Lender.
Defense of Title. Subject to the exception In the paragraph above, Grantor warrants and will forever
defend the title to the Property against the lawful claims of all persons. In the event any action or
proceeding is commenced that questions .Grantors title or the interest of Trustee or Lender under this Dead
of Trust, Grantor shall defend the action at Grentofs expense. Grantor may be the nominal party In such
proceeding, but Lender shall be entitled to participate in the proceeding and to be represented In the
proceeding by counsel of Landers own choice, and Grantor will deliver, or cause to be delivered, to Lender
such instruments as Lender may request from time to time to permit such participation.
Compliance With Laws. Grantor warrants that the Property and Grantors use of the Property compiles
with all existing applicable laws, ordinances, and regulations of governmental authorities.
Survival of Promises. All promises, agreements, and statements Grantor has made in this Deed of Trust
shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shag remain
In full force and effect until such time as Grantors Indebtedness Is paid in full.
CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of
Trust:
Proceedings. if any proceeding In condemnation Is filed, Grantor shall promptly notify Lender in writing,
and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the
award. Grantor may be the nominal party In such proceeding, but Lender shall be entitled to participate In
the proceeding and to be represented In the proceeding by counsel of Its own choice, and Grantor will
deliver or cause to be delivered to Lender such InslNments and documentation as may be requested by
Lender from time to time to permit such participation.
Application of Net Proceeds. If all or any part of the Property Is condemned by eminent domain
proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require
that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or
restoration of the Property. The net proceeds of the award shall mean the award after payment of all
reasonable costs, expenses, and attorneys' fees Incurred by Trustee or Lender in connection with the
condemnation.
IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions
relating to governmental taxes, fees and charges are a part of this Deed of Trust:
Current Taxes, Feas and Charges. Upon request by Lender, Grantor shall execute such documents in
addition to this Deed of Trust and take whatever other action is requested by Lander to perfect and
continue Lenders lien on the Real Property. Grantor shall relmbume Lender for all taxes, as described
below, together with all expenses Incurred In recording, perfecting or continuing this Deed of Trust,
including without limitation all taxes, fees, documentary stamps, and other charges for recording or
registering this Deed of Trust.
Taxes. The following shall conslitule taxes to which this section applies: (1) a specific fax upon this type
of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific
tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness
secured by this type of Deed of Trust; (3) a tax on this type of Dead of Trust chargeable against the
Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on
payments of principal and interest made by Grantor.
Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Deed
of Trust, this event shall have the some effect as an Event of Default, and Lander may exercise any or all of
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its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax
before it becomes delinquent, or (2) contests the lax as provided above in the Taxes and Liens section
and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to
Lender,
SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as
a security agreement are a part of this Deed of Trust:
Security Agreement, This Instrument shall constitute a Security Agreement to the extent any of the
Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform
Commercial Code as amended from lime to lime.
Security Interest. Upon request by Lender, Grantor shall take whatever action Is requested by Lender to
perfect and continue Lenders security Interest In the Personal Property. In addition to recording this Deed
of Trust in the real property records. Lender may, at any lime and without further authorization from
Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement.
Grantor shall reimburse Lender for all expenses Incurred In perfecting or continuing this security Interest.
Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon
default, Grantor shell assemble any Personal Propeny not affixed to the Property in a manner and at a place
reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after
receipt of written demand from Lender to fhe extent permitted by applicable law.
Addresses, The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information
concerning the security interest granted by this Deed of Trust may be obtained (each as required by the
Uniform Commercial Code) are as stated on the first page of this Dead of Trust.
FURTHER ASSURANCES; ATTORNEY•IN-FACT. The following provisions relating to further assurances and
altomey-in-fact are a part of this Deed of Trust:
Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make,
execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lenders designee, and
Wien requested by Lender, cause to be filed, recorded, rallied, or rerecorded, as the use may be, at such
Lines and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds
of trust, security deeds, security agreements, financing statements, continuation statements, Instruments
of further assurance, certificates, and other docmenbe as may, In the sole opinion of Lender, be necessary
or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grentors obligations
under the Note, this Deed of Trust, and the Related Documents, and (2) the (lens and security Interests
created by this Deed of Trust as first and prior hens on the Property, whether now owned or hereafter
acquired by Grantor. The lien of this Deed of Trust and the security Interest granted hereby will
automatically attach, without further act, to all after -acquired property attached to and or used In the
operation of the. Property or any pad thereof. Unless prohibited by law or Lender agrees to the contrary in
writing, Grantor shall reimburse Lender for all coats and expenses Incurred In connection with the matters
referred to In this paragraph.
Attorney -In -Feet. If Grantor fails to do any of the things referred to In the preceding paragraph, Lender may
do so for and in the name or Grantor and at Grantor's expense. For such purposes, Grantor hereby
Irrevocably appoints Larder as Grantors attornay-In-fact for the purpose of making, executing, delivering,
fing, recording, and doing all other things as may be necessary or desirable, In Lenders tote opinion, to
accomplish the matters referred to in the preceding paragraph.
FULL PERFORMANCE. If Grantor pays all the Indebtedness when due, and othenoise performs all the
obligations Imposed upon Grantor under this Deed of Trust, Lender shall execute and deliver to Trustee a
request for full reconveyance and shall execute and deliver to Grantor suitable statements of termination of any
financing statement on file evidencing Lenders security Interest In the Rents and the Personal Property. Any
reconveyence fee required by law shall be paid by Grantor, If permitted by applicable law.
DEFAULT. At Lenders option, Grentcr will be In default under this Deed of Trust If any of the following
happen:
Payment Default. Grantor falls to make any payment when due under the Indebtedness.
Default on Other Payments. Failure of Grantor within the lime required by this Deed of Trust to make any
payment for taxes or insurance, or any other payment necessary to prevent fling of or to effect discharge
of any lien.
Break Other Promises. Grantor breaks any promise made to Lender or falls to perform promptly at the lime
and strictly In the manner provided In this Deed of Trust or in any agreement related to this Deed of Trust.
Compliance Default. Fallure to comply with any other term, obligation, covenant or condition contained in
this Deed of Trust, the Note or In any of the Related Documents.
Default In Favor of Third Parties. Should Grantor default under any loan, extension of credit, security
agreement, purchase or sales agreement, or any other agreement, In favor of any other creditor or person
that may materially affect any of Grantors property or Grantors ablity, to repay the Indebtedness or
Grantors ability to perform Grantors obligations under this Deed of Trust or any of the RoW..=,, Jj
Documents.
False Statements. Any representation or statement made or furnished to Lender by Grantor or on Grantor
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behalf under this Deed of Trust or the Related Documents is false or misleading In any materiel respect,
either now or at the time made or furnished.
Detective Collaleraltzation. This Deed of Trust or any of the Related Documents ceases to be In full force
and effect (Including failure of any collateral document to create a valid and perfected security Interest or
Ilan) at any time and for any reason.
- Death or insolvency. The death of Grantor, the Insolvency of Grantor, the appointment of a recever for
any part of Grantors property, any assignment for the benefit of creditors, arty type of creditor workout, or
the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Grantor.
Taking of the Property. Any creditor or governments[ agency tries to take any of the Properly or any other
of Grantors property in which Lender has a Ilan. This Includes taking of, garnishing of or levying on
Grantors accounts with Lender, However, If Grantor disputes in good faith whether the dsim on which
the taking of the Property is based Is valid or reasonable, and If Grantor gives Lender written notice of the
claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then
this default provision will not apply. -
Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between
Grantor and Lender that Is not remedied within any grace period provided therein, including without
limitation any agreement concerning any Indebtedness or other obligation of Grantor to Lender, whether
existing now or later.
Events Affecting Guarantor, Any of the preceding events occurs with respect to any guarantor, endorser,
surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or
accommodation party dies or becomes Incompetent, or revokes or disputes the validity of, or liability under,
any Guaranty of the Indebtedness.
RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time
thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies:
Election of Remedies. All of Lenders rights and remedies will be cumulative and may be exercised alone or
together. An election by Lender to choose any one remedy will not bar Lender from using any other
remedy. If Lender decides to spend money or to Perform any of Grantors obligations under this Dead of
Trust, after Gmntor's failure to do so, that decision by Lender will not affect Lenders right to declare
Grantor In default and to exercise Lenders remedlers.
Accelerate Indebtedness. Lender shag have the right at Its option without notice to Grantor to declare the
entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would
be required to pay.
Express Power of Sacs Provision. Upon the application or request of Lander, It shall be lawful for and the
duty of the Trustee, and the Trustee Is hereby authorized and empowered, to expose to sale and to sell the
Property at public auction for cash, after having first complied with all applicable requirements of North
Carolina law with rasped to the exercise of powers of sale contalned In deeds of trust or such other sales
appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the
purchaser In fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the
powers granted in (his Deed of Trust, or pursuant to any order and any Judicial proceeding or otherwise,
the Property may be sold as an entirely or In separate parcels and In such manner or order as Lender in Its
sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Carolina General
Statute Chapter 45. If Trustee so elects, Trustee may sell the Property covered by this Deed of Treat at
one or more separate sales In any manner permitted by applicable North Carolina law, and any exercise of
the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, until the entire
Property Is sold or the Indebtedness Is paid In full. If such Indebtedness is now or hereafter further secured
by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security
Instruments, Lender may at its option exercise the remedies granted under any of the security agreements
either concurrently or independently and In such order as Lender may determine.
Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to
foreclose by notice and sale, and Lender shall have the right to foreclose by Judlclai foreclosure, in either
case in accordance with and to the full extent provided by applicable law.
UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and
remedles of a secured parry under the Uniform Commercial Code,
Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the
Property and collect the Rents, Including amounts past due and unpaid, and apply the net proceeds, over
and above Lenders costs, against the Indebtedness. In furtherance of this right, Lender may require any
tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents
are collected by Lender, then Grantor irrevocably designates Lender as Grantors altomey-In-fact to endorse
instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the
proceeds. Payments by tenants or other users to Lender In response to Lenders demand shall satisfy the
obligations far which the payments are made, whether or not any proper grounds for the demand existed.
Lender may exercise its rights under this subparagraph either In person, by agent, or through a receiver.
Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any
part of the Property, with the power to protect and preserve the Property, to operate the Property
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preceding foredosure or sale, and to collect the Rents from the Property and apply the proceeds, over and
above the cost of the receivership, against the indebtedness. The receiver may serve without bond If
permitted by law. Lender's right to the appcin(menl of a receiver shall exist whether or not the apparent
value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not
disqualify a person from serving as a receiver.
Tenancy at Sufferance. If Grantor remains In possession of the Property after the Property is sold as
provided above or Lender otherwise becomes entitled to possession of the Property upon default of
Grantor. Grantor shall become a tenant at sufferance of Lender or the purchaser of lire Property and shall,
at Lander's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the
Property Immediately upon the demand of Lender.
Other Remedies. Trustee or Lender shall have any other right or remedy provided In this Deed of Trust or
the Note or avallable at law or in equity.
Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the
Personal Property or of the time after which any private safe or other Intended disposition of the Personal
Property is to be made. Reasonable notice shall mean notice given at least ten lift) days before the time of
the sale or disposition. Any sale of the Personal Property may be made In conjunction with any sale of the
Real Property.
Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights
to have the Property marshalled. In exercising Its lights and remedies, the Trustee or Lender shall be free
to sell all or any part of the Property together or separately, In one sale or by separate sales. Lender shall
be entitled to bid at any public sale on all or any portion of the Property.
Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Deed
of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys'
fees at trial and upon any appeal. Whether or not any court action is Involved, and to. the extent not
prohibited by law, all reasonable expanses Lender Incurs that In Lender's opinion are necessary at any time
for the protection of Its interest or the enforcement of (is rights shall become a part of the Indebtedness
payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid.
Expenses covered by this paragraph include, without limitation, however subject to any limits under
applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a
lawsuit. Including reasonable attomeys' fees and expenses for bankruptcy proceedings (including efforts to
modify or vacate any automatic stay or Injunction), appeals, and any anticipated post -judgment collection
services, the cost of searching records, obtaining title reports (Including foreclosure reports), surveyors'
reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable
law. Grantor also will pay any court coats, in addition to ell other sums provided by law.
Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth In this section.
POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of
Trustee are part of this Deed of Trust:
Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the
power to take the following actions with respect to the Property upon the written request of Lender and
Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedioal(on of
streets or other rights to the public;. (b) join in granting any easement or creating any restriction on the
Real Property; and (e) join In any subordination or other agreement affecting this Deed of Trust or the
Interest of Lender under this Deed of Trust.
Trustee. Trustee shall meat all qualifications required for Trustee under applicable law. In addition to the
rights and remedies set forth above, with respect to all or any pert of the Property, the Trustee shall have
the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure,
In either case In accordance with and to the full extent provided by applicable law.
Trustee's Fees. The Trustee's commission shall be five percent (5%) of the gross proceeds of the safe for
a completed foreclosure. In the event foreclosure Is commenced, but not completed, Grantor shell pay all
expenses Incurred by Trustee and partial commission computed on five percent (5%) of the outstanding
Indebtedness, according to the following schedule: one-fourth of the commission before Trustee Issues a
notice of hearing on the fight to foreclosure; one-half of the commission after issuance of notice of hearing;
three -fourths of the commission after a hearing; and the full commission after the Initial sale.
Express Power to Substitute a Trustee. Lender shelf have the Irrevocable right to remove at any lime and
from lime to time without limit the Trustee named in this Deed of Trust without notice or cause and to
appoint a successor by an Instrument in writing, duty acknowledged, In such a form as to entitle such
written instrument to be recorded In the State of North Camino; and, in the event of the death or
resignation of the Trustee named In this Deed of Trust, Lender shell have the right to appoint a successor
by such written Instrument, and any Trustee so appointed shall be vested with the title to the Property; and
shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner
and to the same extent as though the successor trustee were named In this Deed of Trust as Trustee.
NOTICES, Any notice required to be given under this Deed of Trust, including without limitation any notice of `.``a P i V E D
default and any notice of sale shag be given In writing, and shag be effective when actually dellvered.-Whem _T,r :, a j (JN NO
actually received by telefacslmlle (unless otherwise required by law), when deposited with a nationally
recognized ovemight courier, of, if mailed, when deposited In the United States mail, as first class, certified or 117 R 1 6 2020
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registered mall postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust.
Any person may change his or her address for notices under this Dead of Trust by giving formal written notice
to the other person or persons, specifying that the purpose of the notice Is to change the person's address.
For notice purposes, Grantor agrees to keep Lander Informed at all times of Grantor's current address. Unless
otherwise provided or required by law, W there is more than one Grantor, any notice given by Lender to any
Grantor is deemed to be notice given to all Grantors. It will be Gantor's responsibility to tell the others Of the
notice from Lender.
GRANTOR'S ADDITIONAL WAIVERS. To the extent permilted by applicable law, Grantor also expressly waives
all benefits, claims, rights and defenses Grantor may have or acquire that are based on: (A) any statutory or
common law provision limiting the liability of or requiring the discharge or exoneration of a guarantor or surety;
(B) suretyship or Impairment of collateral, including any benefits, claims, rights or defenses Guarantor may have
ar acquire pursuant to sections 3-419 and 3-806 of the Uniform Commercial Code as adopted and amended
from time to time by the various stales; (C) any statutory or common law provision that releases, discharges,
or limits the Ilabllity of a remaining obligor following the release of a Joint obligor; (D) homestead or exemption
laws and any rights thereunder with respect to any collateral taken as security for the Indebtedness; (E) any
'one action; "antl-deficiency` or other statutory or common law provision limiting the right of Lender to obtain
a judgment against or to otherwise proceed against any person or entity obligated for payment of the
Indebtedness (Including Grantor, It that is the case), whether before or after the foreclosure, sate or other
disposition of any collateral taken as security for the Indebtedness; and (F) any legal or equitable doctrine or
principle of marshalling. Lender shall not be required to sell or dispose of collateral in inverse order of
alienation or In any other particular order. Without affecting or lessening Lender's rights under this Instrument,
Lender may do or not do any of the following with respect to the Indebtedness or Note without Grantor's
knowledge, consent or Joinder: (A) grant extensions of time for payment, (S) grant renewals, (C) permit
modifications of payment terms or other terms or conditions, (D) permit assumptions of the Indebtedness or
Note, (E) release one or more borrowers or guarantors from liability, and (F) exchange, or release any collateral
or other security.
ADDITIONAL COLLATERAL; SECURITY AGREEMENT. Grantor hereby grants and conveys to Lender a Uniform
Commercial Code security interest In the following additional collateral (collectively, the 'Additional Collateral"),
whether now owned or hereafter acquired by Grantor: (a) all Personal Property, (b) all Rents, (a) all building
materiels, supplies, Inventory, equipment, fixtures, furnishings and/or other goods (but excluding any
household goods) Intended for use, used, or usable in the construction, repair, renovation, operation or
maintenance of Improvements constructed or to be constructed on the Real Property, (d) all construction,
engineering, and architectural contracts and all plans, drawings and specifications relating to the construction,
repair or renovation of improvements on the Real Property, and (a) all attachments, accessories and accessions
to any of the foregoing and all replacements of and proceeds from the foregoing. This instrument shall
constitute a Security Agreement as to the Additional Collateral, and Lander shalt have all of the rights with
respect thereto of a secured party under the Uniform Commercial Code as enacted and amended from time to
time m the state In which the Real Property Is located. Lender is authorized to file at Grantor's expense such
financing statements and other filings as Lender shall deem appropriate to perfect and continue Lender's
security Interest In the Additional Collateral. Grantor shall reimburse Lander for all expenses Incurred In
perfecting or conlinuing this security Interest. Upon default, Grantor shall not remove, sever or detach any
Additional Collateral from the Real Property, and Grantor shall assemble all Additional Collateral not afOxed to
the Property In a manner and at a place reasonably convenient to Grantor and Lender and make It available to
Lender within three days after receipt of written demand from Lender to the extent permitted by applicable law.
The mailing addresses of Grantor (debtor) and Lender (secured parry) from which Information canoeming the
security interest granted by this Instrument may be obtained (each as required by the Uniform Commercial
Code) are as stated on the first page of this Dead of Trust. This provision Is In addition to (and does not
supersede) any other provision of this Deed of Trust granting Lender a security interest In personal property.
INFORMATION ABOUT OTHER LIENS. Lander Is authorized to obtain such Information about other hens or
claims of lien on the Real Property as Lender may reasonably request from the each creditor or other person or
entity that has, claims to have, or asserts a lien on the Real Property. The Information requested may Include,
but Is not limited to, the nature of the lien or claim of Ilan, the circumstances under which the lien or claim of
Ilan arose, and the amount required to satisfy the lien or claim of pen. The creditors or other persons or entitles
that have, claim to have, or assert a lien on the Real Property we authorized and directed to promptly provide
to Lander the information requested by Lender. This provision applies whether the Ilan or claim of Ilan Is
superior or subordinate in priority to the Ilan of this Instrument.
FUTURE ADVANCES, This Instrument secures not only existing Indebtednesses and advances made
contemporaneously with the execution of this Instrument, but also future advances, whether obligatory,
optional, or both, and whether made under open-end credit agreements or otherwise, to the same extent as if
such future advances were made contemporaneously with the execution of this Instrument, even if no advance
Is made at the time of the execution of this instrument and even If no Indebtedness Is outstanding at the time
any advance Is made. Any advances (whether obligatory, optional, or both) made by Lender under the terms
of any Note, Credit Agreement or other instrument or obligation secured by this Instrument, and any
modification, amendment, extension, or renewal thereof, together with Interest thereon, shall be secured by
this instrument with a priority as of the date this Instrument Is recorded.
LIMITATION ON AMOUNT SECURED. Notwithstanding anything In this Instrument to the contrary, any time
the aggregate outstanding principal balance of the Indebtedness (exclusive of those sums that, according to
state law, are not to considered In computing the maximum principal amount which may be secured by this
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Instrument) exceeds the maximum principal amount that may be severed by this Instrument any one time, the
excess shall not be secured by this Instrument. In addition• the tern "Indebtedness' shall not Include, and this
Instrument shall not secure, any obligation or Indebtedness for which disclosures are required under the federal
Truth -In -Lending Act and Its Implementing regulations as promulgated by the Federal Reserve Board unless the
required Truth-InLending disclosures were adequately given.
MODIFICATIONS AND EXTENSIONS. The terms of any Note, Credit Agreement or other Instrument evidencing
the indebtedness or any other obligation secured by this instrument may be changed from time to time by
agreement between the holder(s) thereof and the parties obligated thereon as maker(s). Such changes may
Include, without limitation, the renewal, extension, modification, amendment, refinancing, restatement and/or
Increase of the obligation. For example, the holder($) and maker(s) may agree to (a) Increase or decrease the
Interest rate, (b) convert the obligation to or from a closed -end or an open-end obligation, (c) convert the
obligation to or from a fixed Interest rate obligation or an adjustable Interest rate obligation, (d) Increase or
decrease the payment amount, (a) change the payment schedule, (f) extend or shorten the time during which
future advances may be made, (g) advance and/or re -advance loan proceeds, (h) amortize a balloon payment,
(1) extend or shorten the maturity date, 0) Increase the principal amount, face amount, and/or credit limb of the
Instrument evidencing the obligation, and/or (k) any combination of the foregoing. To the extent permihed by
law, the obligation as so changed from time to time and all future advances and re -advances relating thereto
shall be and,corunue to be secured by this instrument with a priority as of the data this Instrument Is recorded,
regardless of whether any record of such change Is filed or recorded or when funds are advanced or
re -advanced.
MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust:
Amendments. What is written In this Deed of Trust and In the Related Documents Is Grantor's entire
agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change
or amendment to this Deed of Trust must be In writing and must be signed by whoever will be bound or
obligated by the change or amendment.
Caption Headings. Caption headings to this Deed of Trust are for convenience purposes only and am not to
be used to interpret or define the provisions of this Deed of Trust.
Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other
Interest or estate In the Property at any time held by or for the benefit of Lender In any capacity, without
the written consent of Lender.
Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent
not preempted by federal law, the laws of the State of North Carolina without regard to Its conflicts of law
provisions. This Deed of Trust has been accepted by Lender In the State of North Carolina.
Joint and $worst Liability. All obligations of Grantor under this Deed of Trost shall be joint and several,
and all references to Grantor shall mean each and every Grantor. This means that each Gmnlor signing
below is responsible for all obligations in this Deed of Trust.
Me Waiver by Lender. Grantor understands Lender will not give up any of Lender's lights under this Dead
of Trutt unless Lender does so In writing. The fact that Lender delays or omits to exercise any right will
not mean that Lender has given up that right. If Lander does agree In writing to give up one of Lenders
lights, that does not mean Grantor will not have to comply with the other provisfdna of this Deed of Trust.
Grantor also understands that If Lender does consent to a request, that does not mean that Grantor will not
have to get Lenders consent again if the situation happens again. Grantor further understands that just
because Lender consents to one or more of Grantors requests, that does not mean Lander will be required
to consent to any of Grantors future requests. Grantor waives presentment, demand for payment, protest,
and notice of dishonor.
Sevembflty. If a court finds that any provision of this Deed of Trust is not valid or should not be enforced,
that fact by itself will not mean that the rest of this Deed of Trust will not be valid or enforced. Therefore,
a court will enforce the rest of the provisions of this Deed of Trust even If a provision of this Deed of Trust
may be found to be Invalid or unenforceable.
Successoro and Assigns. Subject to any Ilmitations stated in this Deed of Trust on transfer of Grantors
Interest, this Deed of Trust shall be binding upon and Inure to the benettl of the parties, their successors
and assigns. If ownership of the Property becomes vested In a person other than Grantor, Lender, without
notice to Grantor, may deal with Grantors successors with reference to this Deed of Trust and the
Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this
Deed of Trust "liability under the Indebtedness.
Time is of the Essence. Time is of the assents In the performance of this Deed of Trust.
DEFINITIONS. The following words shall have the following meanings when used In this Dead of Trust;
Beneficiary. The word 'Beneficiary' means First-Cilizen; Bank & Trust Company , and Its successors and
assigns.
Borrower. The word 'Borrower' means BRIAN S KEEFER and ANGEIA V KEEFER end includes a -
co-signers and co -makers signing the Note and all their successors and assigns. Y' '-� -- =1 V = J
Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and TmaMe; - �� - � � ��• a • V+,
and Includes without limitation all assignment and aecudly Interest provisions relating to the Personal
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MAR 2 5 2020
DCM-MHD CITY _ _

DEED OF TRUST
(Continued) Page 10
Property and Rents.
Environmental Laws. The words 'Environmental Laws' mean any and all state, federal and local statutes,
regulations and ordinances relating to the protection of human health or the environment. Including without
limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as
amended, 42 U.S.C. Section 9601. at seq. ("CERCLA ), the Superfund Amendments and Reauthorization
Act of 1986, Pub, L. No. 99.499 CEARA"). the Hazardous Materials Transportation Act, 49 U.S.C.
Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or
other applicable state or federal laws, rules, or regulations adopted pursuant thereto.
Event of Default. The words "Event of Default" mean any of the events of default set forth In this Deed of
Trust in the default section of this Dead of Trust.
Grantor. The word "Grantor' means BRIAN S KEEFER and ANGELA V KEEFER .
Guaranty. The word "Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation
party to Lender, including without limitation a guaranty of all or part of the Note.
Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their
quantity, concentration or physical, chemlcet or Infectious characteristics, may cause or pose a present or
potential hazard to human health pr the environment when Improperly used, treated, stored, disposed of,
generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used
In their very broadest sense and include without limitation any and all hazardous or toxic substances,
materials or waste as defined by or listed under the Environmental Laws. The term 'Hazardous
Substances" also Includes, without limitation, petroleum and petroleum by-products or any fraction thereof
and asbestos.
Improvements. The word "Improvements' means all existing and future improvements, buildings,
structures, mobile homes affixed on the Real Property, feclll8es, additions, replacements and other
construction on the Real Property.
Indebtedness. The word 'Indebtedness' means all principal, Interest, and other amounts, costs and
expenses payable under the Note or Related Documents, together with all renewals of, extensions of,
modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts
expended or advanced by Lender to discharge Grantor's obligations or expenses Incurred by Trustee or
Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts
as provided In this Deed of Trust.
Lender, The word 'Lender" means Fimt-Citlzens Bank & Trust Company, its successors and assigns. The
words "successors or assigns' mean any person or company that soqukes any interest in the Note.
Note. The word "Note' means the promissory note dated November 12, 2019, in the original principal
amount of $420,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications
of, refinancings of, consolidations of, and substitutions for the promissory note or agreement.
Personal Property. The words 'Personal Properly' mean all equipment, fixtures, and other articles of
personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real
Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for,
any of such property; and together with all proceeds (including without limitation ail insurance proceeds
and refunds of premiums) from any sale or other disposition of the Property.
Property. The word'ProperV means collectively the Real Property and the Persenai Property.
Real Property. The words 'Real Property' mean the real property, Interests and rights, as further described
In this Deed of Trust.
Related Documents. The words 'Related Documents" mean all promissory notes, credit agreernenta, lean
agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust,
security deeds, collateral mortgages, and all other Instruments, agreements and documents, whether now
or hereafter existing, executed In connection with the Indebtedness.
Rents. The word "Rents' means all present and future rents, revenues, Income, Issues, royalties, profits,
and otter benefits derived from the Property.
Trustee. The word 'Trustae' means NEUSE, INCORPORATED, whose address Is 100 EAST TRYON
ROAD, RALEIGH, NO 27603 and any substitute or successor trustees.
EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND
EACH GRANTOR AGREES TO ITS TERMS.
Nl✓
RECEIVED MAR 1 6 2020
MAR 2 5 2020
DCM-MHD CITY

GRANTOR:
G
X
B F
X
ANGELA V KEEFER
DEED OF TRUST
(ConNnuad)
INDIVIDUAL ACKNOWLEDGMENT
STATBOF IVOA C0"4na.
Page 11
[��
COUNTY OF �
1,, r�POi O%�, 1� )
( µ+1^` o- G-' a Notary Public for said County and State,
cer9ty that BRIAN S KEEFER personally came before me this day and acknowledged
the due execution of the foregoing Instrument. Q V , r
Witness my hand and Notarial Seal this the I X day of 4 20 ' 9 .
My Commission Expires:
...'.y,
i3�°,.).,�^f,C,`
9-0 ao
( Affix Notarial Seal Mare) co .
LeserPro, Vet, 19.2.0,042 Copr, Finsalre USA Corporation 1997, 2019. All Rights Reserved. - NC
F:LLPLICFILLPL%G01.FC TR-1343806 PR-a56
!vt"RA&ED
MAR 2 5 2020
.......DOMa D-"CITY

GRANTOR:.
x
BR EFER
x
ANGELK V CEEFER
DEED OF TRUST .
(Continued) Page 11
INDIVIDUAL ACKNOWLEDGMENT
STATE OF Car01 6- I
)SS
COUNTY OF
a Notary Public for said County and State,
certify that BRIAN-9 HeNFER and ANGELA V KEEFER personalty come before me this day and acknowledged
the due execution of the foregoing Instrument. p
Witness my hand and Notarial Beal this the O� day of Q V�1D�: 20
Notary Public
LaserPro, Var. 19.2.0.042 Copr. Flnasba USA Corporation 1997, 2019. All Rights Reserved. - NC
F:1PL1CF11LPL1G01.FC TR-1343806 PR-856
r-
RECEIVED MAR
MAR 2 5 2020
DCM-MHD CITY _

LDuatT "e
Located ix) Topsail Township, Pander County, North Carolina adjaoenE .
•to and NhYthweat of the interaooaetal Waterwry, adjacent to- and
Southeast of the Southeastern line of Haward'9 Lane and being more
fully deaoribed am follows, to wit,
HEo1HN1(4b at an ,existing Iron pipe is the southeastern line of
Howaxd'e Lene, Bald iron pipe marking the Northwestern dividtnq
corner between lots 2 and 3 of the LIB, Howard'DSvieion as shown gn
a nnp of aame duly tabordad In Hnp Book 45 at Page 130 of -the
Ponder County Aegiatry) and running thence, from the Deginning, 90
located,
f (1) With the dividing line between Iota 2 and 3 South 45 DograaB 14
Minutes 00 SeaondB Dash 365,22 fast to an existing iron pipe in th4
11PPrOXIAate high .Water lisle of Topsail Soupd, thence,
1* "
(a) ao yiryan in with the 4i•viding line botwaan lots .2A and 3A of
.� said Howaid Division South 45.begreea 14 Minutag 00 seconds %Pt
349,99 fed¢ to a point on the Northwestern edge of the
''..'•. lnteraaoaptol Waterway) thane,
'i (3) along the Northwestern ad ge of the interaooaetal Waterway as it
,.1i• menodpre SouthweetWardly Soul.b 4v•DeQraea 49 Minutes 31 8aconda
Weet. 16p,A3 feet tp a point gn the NOrthweatern, edge of said
WaEer}vay) thence;
(4) with the NDrthdastarn• line Of lot, 4A North 45 Degrees 14
Minutes 90 9aoonds West 405.50 feet tq an ekiebing irpn pipe en the
appreximate high watex linP 09 'topsail Sdund, thanae,
(5) 90nClnuing'y,ith the- Horthapetern line of lot. No, 4 North 46
"'"•• Degrees 14 �fnuL•ss 00 geoonde West 341.06 feet tb an•.exiatibg iron
giP0 that Mama the Nort(,eaatern corner of Paid lot, No..d in the
outheaerern" fight-Of,Wgy .lino of U6Wnr4l0 Lane,. thence,
(6) with the Southpaehexh Right-of-Wqy line of Howgrdla Lana North
bl Degrade 03 Minutes 00 Seconds Beet 63,51 fast to art existing .
iron pipe at -the beginning pf a curve to•ths loft id said xpedwayl_
thence,
(7) continpl,ng v{ith the Southeastern Righe,of,Hay ling of Noward'0
Lane as it curvea to bhe l9ft With a igdi0o of 00a,46 fast a ohoo
}' cou;se .end rllgtanc0 of N&V•h 47 )}agrees 2d Mtnuthe 21 Hboonda Beat
102.46 fast to the geginning, containing 2,67s rites iaore or leas
end j.a as surveyed by. a'r0mpe0a Survoytpg 4b,, P.A. of Burgay, L1-,C,
during sapkainbar 201.
A9 a xeterOhoe tb the q(abye described tract see hogs 3, 3.p and spat
•:; Ramp Road of the 1,6. Howprd Division as shown on it map of gprle
duly vagoraed in Map took 26 at page •I16 oS t'he Pander County
' Reg atlyr.
Inaludp4 h0{pv!ever, Within.tha above deaoribed bondarias'iP lots 3'
and 3A pf aa((d WOwavd'uivision previously deeded to }iiram.Williams•,
See also map recordediin Map Book 36, Page'88
of the Pander County Registry.
RECEIVED
MAR 2 5 2020
RECEIVED.
DCM WILMINGTON, NC'
MAR -1 6 7020
DCM_mKD-CUP-

X
m
0
m
m
v
. NO T 1 (0 10$1 1,74
LAMA PERMIT
APPLIED FOR
PROJECT:
COMMENTS ACCEPTED THROUGH
W ■ C l•111 l %�� •
April 18, 2020
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Brian Keefer 120 Creat Oaks Dr Hampstead NC Jason Dail (910) 796 - 7221
Agent. Debbie Wilson (910) 612 - 0402 NC Div of Coastal Mgmt,
ar Ana r.
1441mingten, NC 26405

Dail, Jason
From: Dail, Jason
Sent: Thursday, March 12, 2020 3:21 PM
To: [e-mail]
Subject: CAMA Major Development Permit application - ADDITIONAL INFORMATION REQUIRED
FOR PROCESSING - Brian Keefer - Lots 3 & 3A Howards Lane, Hampstead
RE: INCOMPLETE APPLICATION —Brian Keefer —ADDITIONAL INFORMATION REQUIRED
APPLICATION NUMBER —TBD
PROJECT ADDRESS — Lots 3 & 3A Howards Lane, Hampstead, NC
Good afternoon Ms. Wilson,
The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from you
on March 9, 2020, requesting approval for development activities at the subject address. In reviewing your application,
we have discovered that additional information is needed to complete the review process. Accordingly, I am requesting
that yo submit the following additional Information to this office:
• On the MP-1 Form, Section 4.) "Site Description" (a.), you note there is 170linear feet of shoreline; however, the
site plan (sheet 2 of 4) scales the shoreline at approximately 155 linear feet, please confirm the correct length of
shoreline for this property and adjust either the drawing or application package accordingly.
f/f Please provide a signature on the MP-1 form.
Please provide a signature on the MP-4 form.
sheet 1 of 4, please provide a legend identifying the applicant's name, project location (i.e. address) and
date.
On sheet 2 of 4, please include water depths measurements around the proposed docking facility. Water depth
measurements should be collected and referenced to normal low water (NLW). Water depths should be
/ collected and depicted on the site plan drawing around the entire docking facility.
,/• On sheet 2 of 4, please show the measurement of the "1/4 width" reference from the near shore outer edge of
rrr coastal wetlands bordering the property and also show the near shore edge of the federal channel setback. It
could
be useful for agency review, if you would please combine the information provided on sheets 2 of 4 and 3
f 4.
n sheet 3 of 4 you refer to a "1/4 width line" with arrows pointing to features that run parallel to the channel.
If the line you refer to as the "1/4 width" limitation, please remove the arrows and refer to the line as the''/.
width location. This information is confusing.
./ Based on the approximate location of riparian corridor, in relation to the opening of the outmost shoreline, it
appears the proposed docking facility would be located a greater distance from the natural channel opening
along the shoreline. Please refer to the drawings and confirm the approximate location of the proposed pier in
relation to the opening along the shoreline.
• In the project narrative or application, please justify why the applicant cannot stop short of the proposal, and
utilize the existing channel that abuts the property, along the eastern shoreline (i.e. channel used by the
neighbor located to the south).
On sheet 2 of 4, you note the "existing channel" as being 20' wide; however, sheet 4 of 4 references the
V elevated "bridge" as being 10' wide. Please revise 1) "bridge" to "access pier" and 2) note the appropriate width
Of the access pier over the existing channel. These numbers should accurately depict current site conditions and
should be consistent throughout the application package.
• On sheet 4 of 4, please locate and label the normal high water line, normal low water line and bottom contour.
In accordance with the Department of Environment and Natural Resources regulations, we note that the partial
application, as submitted on March 9, 2020, is incomplete for processing. Upon submission of tlRpOEED
MAR 252M

information, a local decision will be made in 150 days, provided this period is not extended as provided by law. Please
contact me at 910-796-7221 if you have any questions.
Take care,
Jason
Jason Dail
Field Representative
NC Department of Environmental Quality
NC Division of Coastal Manaaement
127 Cardinal Drive Ext.
Wilmington, NC 28405
Phone: [phone], Fax: [phone]
Jaasoon�Dail @ncd enr. aov
"E-mall correspondence to and from this address
may be subject to the North Carolina Public
Records Law and may be disclosed to third parties.
2
RECEIVED
MAR 2 5 2020
DCM-MHD.CITY -

0
NORTH CAR0I.INA
i n, v,,nmennd OnablY
March 25, 2020
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice:
• Brian Keefer / Pender County
ROY COOPER
Gavemor
MICHAEL S. REGAN
Secmmp.
BRAXTON DAVIS
Dlmetor, Dlvmwi gfCo wa1 Management
Hello Angie: Please publish the attached Notice in the Saturday, March 28, 2020 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the
attention of Jarimy Springer, (Customer No.70100342).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office.
cc: MHC file
WiRO
USACE
Sincerely,
Tanya K. Pietila
Permitting Support & Customer Assistance
RECEIVED
MAR 2 5 2020
State of Nonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ent., Wilmington, NC 29405 919 796 7215 DC M-M H D CITY

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: On March 23, 2020, Brian Keefer proposed to construct a four
(4) slip docking facility at Lots 3 & 3A Howards Ln., adjacent to the AIWW, in Hampstead, Pender
County. A copy of the application can be examined or copied at the office of Jason Dail, N.C. Dept. of
Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC
28405, (910-796-7221) 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 April 18, 2020 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.
RECEIVED
MAR 2 5 2020
DCM-MHD CITY

0
s
v
I
N 0 T 1 (01$ ],?A
PROJECT:
1?
�� �•V ��M•MV �M..V, NNJMVV..r rV i-.ww WWI
ampsteacd, Mender county.
o COMMENTS ACCEPTED THROUGH
m
APPLICANT:
n
Brian KnPfPr 1 2Q Great Oaks Dr Hampstead NC
Agent. Debbie Wilson (910) 612 - 0402
April 18, 2020
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW
^. Jason Dail (910) 796 - 7221
NC Div of Coastal Mgmt,
727 Cardinal r. Ex 7
WiJmington, NC 29405

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_1....,` •ks .. 1.' 1Qr �:. '� `` 1 ' ai \ S'O;1� t Y �4`\' - �pi' Cha��
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W90420 4�0)0„
0u
. .

DCM Coordinator: Curt Weychert
County:
Circle e: BioZsent
ermit for:
Oversize ans
WIRO E-MAIL DISTRIBUTION SHEET
5VI G[ ✓► 1l,C2 ✓
Permit #:
DCM Offices:
Morehead City: PT (if oversize) via Courier
*cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet v
'MHC documents (Curt & Amanda)/
Wilmington: Original hard -copy
ONLY USACE & DWR (Wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: nder Carteret Co): PN, CL, Reports, Split Sheet
(until territories are decided) [e-mail] (NH / BR): PN, CL, Reports, Split Sheet
Div of Water Resources: �obb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet _
Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet_
Marine Fisheries:
V Anne Deaton (temporary) w/Reports
" ike Christenbury
DCM PlannerlWiRO:
_
Cultural Resources:
� nee Gledhill -Earley Environmental Reviewta ricdenrgov_
Natural Heritage Frog.
Zodney Butler _
DCA-Rural Eco. Dev:
�Aaark Ziegler
NC DOT:
✓////D///ivid Harris_
Wildlife Resources:
Maria Dunn w/Reports
State Property Office:
/Tim Walton: DEED
Moser _
anda Hilliard, Real Property Ager;t (Bio Reports only) _
%;iike
'V
Shellfish Sanitation:
eremy Humphrey (Bio) / Shsrinon-yeT&#M-
Gupton, Admin.
!Sharon
DEMLR:
Pristine Hall - Stormwater Section _
✓Dan Sams - Land Quality Section
Heidi
Public Water Supply:
Cox _
City of Wilmington: K t r to _
Enforcement: Field Rep:
Co. LPO
Agent:
DISTRIBUTED: 1) 14 Vp
Updated 3/1120 CAMA/Shaun majors docale'Agency List

DCM Coordinator: , �/ A a Permit #: rco
MAILING DISTRIBUTION SHEET
Permittee:
Agents:
DCM Field Offices
Elizabeth City Washington (with revised work plan drawings)
Morehead City .& Wilmingtrnr (OBJECTIONS )
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bettie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz 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:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARD)
Jimmy Harrison
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bettie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401 (Brunswick, New Hanover)
Holley Snider —101 (Carteret, Onslow, Pender)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Olei"ria Dunn (WARD)
Natural Heritage Program Fodney Butler
LPO:
(NCDOT) Travis Wilson

I
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Brian Keefer
PROJECT NAME: 3 & 3A Howards Lane
COUNTY: Pender
LOCATION OF PROJECT: 3 & 3A Howards Lane, Adj to AIWW, Hampstead
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-23-20
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Dail
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Weychert
PUBLIC NOTICE REC'D: 3-28-20
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 5-30-20
HOLDS:
MAIL OUT DATE: 3-26-20
PERMIT FINAL ACTION: ISSUE DENY
RECEIVED
MAR 2 5 2020
DCM-MHD CITY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $250#2093
END OF NOTICE DATE: 4-18-20
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 4-18-20
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM - Field Rep
3 - 25- 0
DCM - LUP Consistency Determination
8 `
Local Permit Officer
Corps of Engineers - Regulatory Branch
15- 5 -2-iP
2AZO - 00651 GP Al
DWR-401Section
-�o
ZO-0g13 66411S
DWR-Public Water Supply
5�l-i" ZD
DEMLR- Stormwater
Z0
DEMLR - Sed and Erosion
' yl
DOA - State Property Office
_ 13 '
Wildlife Resources Commission
4 - Z 70
DMF - Shellfish Section
3 • l f - 20
DMF - Habitat & Enhancement
-is - L-0/
f
5AvJ 5uvt+y kcovest`eD
DNCR - Archives & History
DNCR - Natural Heritage Program
NCDOT
NC Dept of Commerce

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Topsail Sound
Fee: $250 # 2093
CDAITS MHC cc
Applicant Brian Keefer
'..
Agent/Contractor: Debbie Wilson (91O) 612. 0402
Project Site County: Pander County
Staff: Jason Dail
District: Wilmington
Project Name: Lots & 3A Howards Lane
Rover File: n/a
River Basin: White Oak
Initial date of application submittal: 03-16.20
Date application "received as complete" in the Field office:
Permit Authorization. eta.CAMA ❑ Dredge & Fill Both
J
SITE DESCRIPTION/PERMIT INFORMATION
ORW: Yes No PNAi ❑Yes �to
Photos Taken: Yes ❑ NoMT-',
Setback Required (riparian): ❑Yes o I
Critical Habitat: LJYes L,�No ❑Not Sure
15 foot waiver obtained: OYes Z,lo
Hazard Notification Returned:
'
❑Yes](Vo
SAV: MYes No .-Not Sure
Shell Bottom: ❑Yes o ❑ Not
Temporary Impacts: ❑Yes Po
Sure
Sandbags: ❑Yes o ❑ Not Sure
Did the land use classification come
Mitigation Required (optional):
from county Li j5Yes []No
❑Yes (310
Moratorium Conditions:
Environmental Assessment Done:
Length of Shoreline: '.
❑Yes F33No ❑NA
❑Yes s�(o ❑NA
tO FT.
Shellfish Area Designation:
Project Description: (code)
Development Area: (code)
Open' or- Closed
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
El Future Water Supply (FWS)' ❑Nutrient Sensitive Waters (NSW) El Swamp Waters (SW)
�. -High Quali y Waters (HQW) ❑Outstanding Resource Waters (ORW)
WETLANDS IMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort ( Salicome sp.) j
wetlands)r.
i
—Salt
(CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
(SY) reed grass (Spartina
alterniflora)
cynosuroides)
El IDS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
(TY) Cattail (Typha si
spicata)
sp.)-
❑ (JR) Black needlerush (Juncus
❑ (SP) Saldmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
❑ II I(D) Priv, public or comm w/ 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
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer- $100
® III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ II. Public or commercial/no dredge
RECEIVED
$100
and/or fill - $400
I. Private no dredge and/or fdl - 5250
❑ III(C) Priv. public or comm w /D&F to 1
,
PEAR 2 5 201;J
acre; 4144 can be applied; DCM needs
DWO agreement - $400
ac}ve••�rusr r-r tr.
L%onra—rruev yrI r

The total area of the existing and proposed structures was calculated as follows:
Shoreline length = +/-70 ft. x 8 sq. ft = 1,360 sq. ft. allowable.
Proposed:
Proposed Gazebo = 20' x 20' = 400 sq. ft.
Proposed boatlifts = Two, 12' x 12' each = 288 sq. ft. (not counted in square footage)
Proposed finger piers = Two, 4' x 24' and one, 4' x 26' = 296 sq. ft.
Proposed floating dock = 8' x 20' = 160 sq. ft. (not counted. In alignment with pier)
Total square footage of proposed = 856 sq. ft.
The proposed development would provide dockage for up to four (4) vessels. The waterbody in
the area of the proposed pier measures approximately 660' across, which is CONSISTENT with
NCAC 07H .0208 (b)(6)(G). The application also appears to be CONSISTENT with the
remaining use standards set forth in NCAC 07H .0208(b)(6), including those which dictate
the maximum allowable platform area (the 8 square foot rule), the 15' riparian setback and
federal channel setback. It appears the project would not impact beds of SAV, and would
therefore be CONSISTENT with NCAC 07H .0208(b)(1).
Provided the resource agencies do not have any concerns regarding significant adverse impacts
resulting from the proposed project, this office has no objections to the issuance of a permit.
Any permit issued should also include the following conditions:
RECEIVED
MAR 2 5 2020
DCM-MHD CITY

Major Permit Fee Schedule
Project Name: (/ ✓ r o l` � r r' i t,`ct County
Check No &Amount
DCM %
DWQ %
Development Type
Fee
(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
1.00% ($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 andlor open water areas,
determine if A,B, C, or D below applies.
r'
III(A). Private, non-commercial
development,. if General Water Qurfhty
$250
/ / 100% ($250)
Certification No 4175 can be apd(ied.
III:B?. Public or commercial development,
if General Water Quality Certification
$400
100°,o ($403;
No. 4175 can be appliedi'.-
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 tc
water quality or aquatic life:
Hilo). 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)
of wetlands and/or open water areas:
v

Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Date
Received
Deposited
Permit Holder
Number
amount
Number/Comments
LGFCU
2093
$250.00
major fee, Lots 3 & 3A Howards
JD rct:.
3/17/2020
3/17/2020
Debra Wilson
Brian Keefer
Lane, Hampstead PnCo
10389
0
o
-d

DCM Coordinator: Curt Weychert
County:
Permit #:
WIRO E-MAIL DISTRIBUTION SHEET
Circle e: BioZsent
ermit for: 10A�Oversize ans
DCM Offices:
Morehead City: PT (if oversize) via Courier
"cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet
'MHC documents (Curt & Amanda),_
Wilmington: Original hard -copy
ONLY USACE & DWR (wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: r{�enderBrCarteret Co): PN, CL, Reports, Split Sheet _
(until territories are decided) [e-mail] (NH / BR): PN, CL, Reports, Split Sheet _
Div of Water Resources: obb Mairs - 401 (ON/PN/BR/NH): PN, CL, Reports, Split Sheet _
Div of Water Resources: 'heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _
Marine Fisheries:
Anne Deaton (temporary) w/Reports
DCM PlannerlWiRO:
Iv)ike Christenbury
Cultural Resources:
nee Gledhill -Earley Environmentat.Review(a-)ncdenrgov_
Natural Heritage Prog.
5dney Butler_
DCA-Rural Eco. Dev:
NJark Ziegler
NC DOT:
✓/David Harris _
Wildlife Resources:
�Mria Dunn w/Reports _
Jim
State Property Office:
Walton: DEED
ke Moser _
Shellfish Sanitation:
ands Hilliard, Real Property Agent (Bio Reports only) _
` Jeremy Humphrey (Bio)/SharrrrorrJv rkins-fPt1 _
Sharon Gupton, Admin.
DEMLR:
"hristine Hall - Stormwater Section _
Public Water Supply:
✓Dan Sams - Land Quality Section _
' Heidi Cox _
City of Wilmington: K t r Ito
Enforcement: Field Rep: YIA�
Agent:
DISTRIBUTED: 1) JA/ �
RECEIVED
MAR 2 5 2020
DCM-MHD CITY
Updated Y11120 CAMA/Shaun majors docsre Agency List

Keefer, Brian
Date: 3116/20
Describe below the. ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
F-
New Work
Replace
;��
Maint ❑
❑ Y ❑ N
kkF---
New Work LIU
Maint ❑
Replacecn
❑ Y N
(j
r
New Work
Replace
14-
•4_.i
Maint ❑
❑ Y Z N
4
New Work
Replace
Maint ❑
❑ Y,[J N
5_
New Work -
Re P lac e
<C
I
Maint ❑
❑ Y
X
New Work-E3
Replace
N
(.
n
New Work
Replace
7
-
NewWork-❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft.
FINAL Sq. Ft.
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for:
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
! Excludes any
total includes
Excludes any
anticipated
j restoration
any anticipated
restoration andlor
restoration or
i and/or temp
restoration or
temp impact
_
temp.Impacrs)
4npac' mount)
temp im acts
amount)J
OFl
I
t�
t�
Dredge ❑
Fill ❑
Both ❑
Other
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
I
T
Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑
Fill ❑
Both ❑
Other ❑
T�
Dredge ❑
Fill ❑
Both ❑
Other ❑
Dredge ❑...Fill
❑
Both ❑
Other ❑
11
Dredge ❑
Fill ❑
Both ❑
Other ❑
I
J
MAR 2a
919.733.2293 :: 1.888-4RCOAST .c www nc;coastaLzlanagemenLnot revised; 10;121t7

ROY COOPER
•
Govemar
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
NORTH CAROLINA
Director, Division o(Coartal
Environmental QnaBry
Management
March 25, 2020
MEMORANDUM. -
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevchert(a) NC DEN R.gov
SUBJECT: CAMA
Applicant: Brian Keefer
Project Location: Lots 3 and 3A Howards Lane, adjacent to AIWW, in Hampstead,
Pender County
Proposed Project: Proposal to construct a four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by &P rI l 18, 20201 If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
DINT NAME Shannon Jenkins
NGNE CY
NCDMF/Shellfish Sanitation
1GNATUR for Shannon Jenkins
ATE
3/26/2020
State of North Carolina I Enviromnmul Quality I Coastal Management
127 Cardinal Drive En., Wilmington, NC 28405 919 796 7215
RECEIVED
MAR 2 6 202R
MP SECTION
DCM - MHD GITy

rhr Chi.
•Cca_��
March 25, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier11-12-09)
curt.wevchert(caNCDEN R.gov
SUBJECT: CAMA
Applicant: Brian Keefer
ROY COOPER
ranvnx,r
MICHAEL S. REOAN
Nemoi c
BRAXTON DAVIS
lhwsmn q Js o,1101
Project Location; Lots 3 and 3A Howards Lane, adjacent to AIWW, in Hampstead,
Pander County
Proposed Project: Proposal to construct a four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by April 18, 2020. If you
have any questions regarding the proposed,project, contact Jason Dail at [phone]
when appropriate,.in-depth comments with supporting data is requested.
REPLY: )I- This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT 'NANIE M 'tom e,
AGENCY N` h TV��
SIGNATURE —_ V�i A--n
bATE .313 01 2V
State of North Ce Hna I Fnviton,ncntal Quality I Coastal Mamgcramt
127 Cardinal Driw Em., Wilmington, NC 28405 919 796 7215
Recoveo
MAR 3 0 Vt
MP SEO-VION
pTM
�M_MHD

0
March 25, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cu rt.wevchenCa)N CDENR.g ov
SUBJECT: CAMA
Applicant: Brian Keefer
ROY COOPER
,MICHAEL S. REGAN
BRAXTON DAVIS
Project Location: Lots 3 and 3A Howards Lane, adjacent to AIWW, in Hampstead,
Pander County
Proposed Project: Proposal to construct a four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by April 18, 2020. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
✓/ This agency has no comment on the proposed project.
MAR 2020
�3'1'e�ss"ie9sd
This agency approves of the project only Wthe recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME
AGENCY 1N CAI R
SIGNATURE
RECEIVED
DATE
-� APR_0 2 10M0
MP SECTION
QCM - MHD CITY
Slate of NorW Carolina I Ewunrunentel Qualiry iCoazlal Management
127 Cardinal Drive EAt, Wilmingron, NC 29405 9197967215

i
.•y tllt
S \ar.✓
NORTH CAROONA
i Pons. �, n.,••dr�_af::p
March 25, 2020
MEMORANDUM:
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevche rtANCDEN R. aov
SUBJECT: CAMA
Applicant: Brian Keefer
ROY COOPER
Pnremar
MICHAEL S. REGAN
S,,, lI N
BRAXTON DAVIS
Ui =wr. P10...n+al7'uanu;
bl:atag.oa
Project Location: Lots 3 and 3A Howards Lane, adjacent to AlWW,, in Hampstead,
Pender County
Proposed Project: Proposal to construct a four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by gpniLL18, 2020) If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in-depth comments with supporting data is requested.
.REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
v This agency has no comment on the proposed project.
( e A 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.
PRINIPLAMEL WeiMd4 L4t )1 i L,, J
AGENCY Nk-" v7 Ft uJ
IGNATUR6 �r •� - �iJ J
ATE-13-a"D
Stale of North Carolina I Environmental Quality (Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

North Carolina
Department of Administration
State Property Office
Roy Cooper, Governor
April 13, 2020
Curt Weychert, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City, NC 25557
From: Wanda Hilliard /O)ct-tf-a 440-L---4
Real Property Agent
Re: CAMA Permit Application Review / Pender
Brian Keefer
Lots 3 and 3A Howards Lane, adjacent to AIWW, in Hampstead. Pender County
Machelle Sanders
Secretary
Tim Walton
Director
Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the
State Property Office has no comment on the proposed project.
Thank you.
State of North Carolina I State Property Office
II6WestjonesStreet, Suite 405511321 Mail Service Ctr. I Raleigh, NC27699
919 807 4650 TI Web: http://www.ncspo.com

ROY COOPER
aR Governor
MICHAEL S. REGAN
p,...' Secretary
>a..e✓
BRAXTON DAVIS
NORTH CAROLINA Director, Division ofCoosrol
Enrironmentai Onnhly Management
March 25, 2020
MEMORANDUM.
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
c urt. wevc h ec u rt. wevc h e rt�N C D E N RgovC D E N R.g ov
SUBJECT: CAMA
Applicant: Brian Keefer
Project Location: Lots 3 and 3A Howards Lane, adjacent to AIWW, in Hampstead,
Pender County
Proposed Project: Proposal to construct a four (4) slip docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by Aprii 18, 202& If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Anne Deaton
AGENCY Division of Marine Fisheries RECEIVED
SIGNATUREAPR 15 2020
MP SECTION
DCM - MHD CITY
DATE 4/17/2020
State ofNorth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Em., Wilmington, NC 28405 919 796 7215

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
STEPHEN W. MURPHEY
Director
MEMORANDUM:
TO: Curt Weychert, DCM Assistant Major Permit Coordinator
FROM: Anne Deaton, NCDMF Habitat Assessment Program Manager
SUBJECT: Keefer, Howards Lane, Hampstead, Pender Co.
DATE: April 14, 2020
North Carolina Division of Marine Fisheries (DMF) has reviewed the CAMA major permit
application to construct a four slip docking facility. The project is located on the Atlantic
Intracoastal Waterway (AIWW) in Hampstead. A 485' long pier will cross shoreline marsh,
a 20' channel, approximately 280' wide area of shallow water and soft bottom, a marsh
island approximately 25' wide, and aft additional 70' of shallow bottom to reach the AIWW
with minimally sufficient water depth. A 20' x 20' covered gazebo would be located at the
end of the pier. The proposed docking facility will include two finger piers; one for access
to two boat lifts, and the other to access an 8' x 20' floating dock with 2 slips. Average
water depth at the slips is reported to be 2.0-2.5' MLW.
The waters at the site are SA-ORW and open to shellfish harvest, indicating excellent water
quality. The pier and docking structures will usurp over 1,100 112 of public trust bottom, in
an area of potential shellfish harvest. Submerged aquatic vegetation (SAV) has been
documented along the ICWW immediately northeast and southwest of the site, as well as
on the opposite AIWW shoreline. It appears from aerial imagery that small patches of SAV
occurr seaward of the marsh in the vicinity of the pier and docking facility. According to
the division's Estuarine Bottom Mapping Program data, the shallow bottom between the
marshes was mapped as a productive shellfish stratum, supporting oysters and clams.
Submerged aquatic vegetation is a critical habitat for juvenile species, such as shrimp, blue crab,
and red drum and provides valuable ecosystem services. This habitat occurs in shallow water
usually less than 6' for sufficient light availability. Shell bottom is another critical habitat and also
important as a fishery. Oysters provide hard surfaces for recruitment of shellfish, and are used as a
nursery and foraging habitat by crabs, flounder, sheepshead and other species. Shellfish can
improve water quality and sustainable harvesting aids the coastal economy. Coastal wetlands are a
productive detritus -based system that provide food and refuge for numerous species of juvenile
fish, trap nutrients, toxins and sediment, and can protect shorelines from erosion.
RECEIVED
APR 16 2M
nothing Compares� MP SECTION
State of North Carolina I Division of Marine Fisheries DCM - MHD CITY
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557
252-726-7021

The proposed project can impact SAV through shading from the dock and gazebo structures;
scraping or smothering by the floating dock or vessels sitting on the bottom at low tides, or by prop
dredging from boats during low tides. Shellfish can be damaged by installation of pilings.
Wetlands, like SAV, can be impacted by shading. Staff has not been able to conduct a site
visit to verify SAV and shellfish presence due to work restrictions associated with Covid-19.
To fully evaluate this project, the division requests that the applicant have a SAV survey
done that shows the location of SAV relative to the proposed structures and water depth
during the active growing season (April 1— September 30). Pending the results of the
survey, the applicant may need to consider how the pier, docking facility and gazebo design
could be modified to avoid and minimize impacts to fish habitat and public trust uses.
Thank you for the opportunity to comment.
Contact Anne Deaton at [phone] or Anne.deaton(@ncdenr.gov with further
questions or concerns.
RECEIVED
APR 1 b.2M
MP SECTION
Nothing Compares_ DCM - MHD CRY
State of North Carolina I Divisionof Marine Fisheries
3441Arendell Street I P.O.Box769I Morehead City, North Carolina 28557
252-726-7071

DocuSign Envelope ID: D4C9C283-B6F4-49A9-9CE9-05B886F95B42
f
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Brian Keefer
120 Great Oaks Drive
Hampstead, NC 28443
NORTH CAROLINA
Enwotunw" Quality
April 29, 2020
Subject: No Written Approval Required
Lots 3 and 3A Howards Lane — Hampstead, NC 28443
Dear Mr. Keefer:
DWR # 2020-0413
Pender County
The Division of Water Resources (DWR) has received a copy of your CAMA Major application
request dated received by this office on March 25, 2020. DWR issues approval in the form of a
Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General
Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management
issues it.
In accordance with the attached General Certification #4175 (GC 4175), the impacts described in
your application do not require written authorization to utilize GC 4175. However, you are required
to follow the conditions listed in the attached certification. You should get or otherwise comply
with any other federal, state and local requirements before you go ahead with your project
including (but not limited to) erosion and sediment control regulations.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at hfp://www.ncoah.com/
or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A
petition is considered filed when the original and one (1) copy along with any applicable OAH
filing fee is received in the OAH during normal office hours (Monday through Friday between
8:00am and 5:00pm, excluding official state holidays).
1
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, RECEIVED
FedEx, etc.):
APR 3 0 ZU20
MP SECTION
DCM - MHD CITY
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office ! 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910396,7215

DocuSign Envelope ID: D4C9C2B3-B6F4-49A9-9CE9-05BB86F95B42
M
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please
contact Robb Mairs at 910-796-7215 or robb.mairs(a.ncdenr.00v if you have any questions or
concerns.
Sincerely,
CIU� s
pow9lgnvE 4y: '
ue, 61
E3ABAWC7DC434...
Morelia Sanchez -King, Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
cc: Gregg Bodnar & Curt Weychert, DCM Morehead City Office, EC
Liz Hair & Greg Currey, USACE Wilmington Regulatory Field Office, EC
Debbie Wilson, Debbie Wilson Consulting, EC
DWR 401 & Buffer Permitting Branch file-LF
WiRO
RECEIVED
APR 3 0 1010
MP SECTION
DCM - MHD CITY

MEMORANDUM
To: Curt Weychert
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination- Brian Keefer - Pender County
Date: May 8, 2020
Consistency Determination:
This project is consistent with the Pender County Comprehensive Land Use Plan Update.
The applicant proposes to construct a four (4) slip docking facility. The project is located
at lots 3 and 3A Howards Lane, adjacent to the AIWW in Hampstead, Pender County.
I have reviewed this proposal for consistency with the Pender County Comprehensive
Land Use Plan and offer the following comments.
The general area of the project is classified as Developed and Conservation.
Waters at the project site are classified as SA-ORW and are open to the harvesting of
shellfish. The area is not a Primary Nursery area. Areas of Environmental Concern are
PT and EW.
Pender County allows development in Conservation classified AECs, which is consistent
with the State's minimum use standards. The Pender County Comprehensive Land Use
Plan contains some policies, which exceed the State's minimum use standards. However,
none of these policies appear to be applicable to this project.
This project appears to be consistent with the Pender County Comprehensive Land
Use Plan Update.
Cc: FILE
RECEIVED
MAY 0 8 1010
MP SECTION
DCM - MHD CITY

:Z4zl -SiENIOIN130i1
Historic Preservation
Office
NORTH CAROLINA
Fniwonmental Ouahn
March 25, 2020
MEMORANDUM:
ER 20-0781
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertna NCDENR.gov
SUBJECT: CAMA
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Division ojCcaetal
Management
Applicant: Brian Keefer
Project Location: Lots 3 and 3A Howards Lane, adjacent to AlKW, in Hampstead,
Pender County
Proposed Project: Proposal to construct a four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchertat the address above by April 18, 2020. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in-depth comments with supporting data is requested..
REPLY:
PRINT
AGENCY
SIGNATURE
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.
Due: 4/24/2020
M
This agency approves of the project only if the recommended changes
are incorporated. See attached.
NC/ NCH
This agency objects to the project for reasons described in the attached comments.
Renee Gledhill -Earley
Historic Preservation Office
��..± 11 � 1,
DATE 4/23/2020
cc: Sarah E. Hair, USACE
State ofNonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ezt., Wilmington, NC 28405 919 796 7215

Weychert, Curtis R
From: Sams, Dan
Sent: Thursday, May 21, 2020 12:15 PM
To: Weychert, Curtis R
Subject: Re: Keefer Project Comments
Curtis:
That one is a no comment response.
Thanks....
dan.sams
From: Weychert, Curtis R <[e-mail]>
Sent: Thursday, May 21, 202012:06 PM
To: Sams, Dan <[e-mail]>
Subject: Keefer Project Comments
Hey Dan,
I was finalizing the permit for this project and I didn't note any comments from you. I wanted to make sure you had a
chance to review the project in case it wasn't sent to your agency initially. Attached is the relevant information and
comment sheets.
Best,
Curt
Curtis Weychert
Assistant Major Permit Coordinator
North Carolina Division of Coastal Management
North Carolina Department of Environmental Quality
252-808-2808 x211
Curt. Weychert(cDncdenr.goy
400 Commerce Ave
Morehead City, NC 28557
,DE 5
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MAY 21 N20
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ROY COOPER
MICHAEL. S. REGAN
0 , 1­-
BRAXTON DAVIS
March 25, 2020
FROM: Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchertCW,NC DENR. gov
SUBJECT: CAMA
Applicant: Brian Keefer
Project Location: Lots 3 and 3A Howards Lane, adjacent to AIWW, in Hampstead,
Pender County
Proposed Project: Proposal to construct a four (4) slip docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this torn to Curt Wevchert at the address above by ApdI 18i 2020. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when)approphate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME MWK /. 0u,/)
AGENCY &b(K- (/aka �miiy
SIGNATURE -f7l k. 44v-,
DATE
RECEIVED
MAY 21 1010
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Sure of Nonh Carolina I Emironmental QualityCoastal Management DCM • MHO CITY
127 Cardinal Drive Eat., Wilmington, NC 28405 919 796 7215

DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403-1343
l
May 1, 2020
Action ID No. SAW-2020-00559/Keefer dock
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Reference the application of Mr. Brian Keefer, associated with the construction of a
docking facility, located at lot 3/3A, on Howard's Lane, in Hampstead, Pender County, North
Carolina.
Specifically, the applicant proposes to construct an approximate 6' x 485' access pier along
the center of the property's shoreline. As proposed, the pier would cross an existing channel
(approx. 20' in width) close to shore and extend over an open water flat measuring approximately
280' in width. At this crossing, the pier would be elevated a minimum of six feet above the
MHW line. The pier would then extend approximately 70' beyond the edge of the marsh and
would terminate in a 20' x 20' covered gazebo. In addition, the applicant proposes to install three
fixed finger piers and a floating dock, as well as two- 12' x 12' boatlifts. The fixed finger piers
would be installed on both side of the proposed gazebo and provide access to the proposed
boatlift and floating dock. Along the northern side of the fixed platform, the applicant proposes
to install a 4' x 24' and a 4' x 26' finger pier to access the two, 12' x 12' boatlifts. Along the
southern side of the platform, the applicant would install a 4' x 24' finger pier to access the
proposed 8' x 20' section of floating dock.
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 modification to 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
http://www.fWs.gov/ne-es/mammal/manatee guidelines ndf.
2. The permittee must install and maintain, at his expense, any signal lights and signals
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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 [phone].
3. 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.
4. 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.
5. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
6. 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 [phone] and provisions of the North Carolina Oil Pollution and
Hazardous Substances Control Act will be followed.
7. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
8. If the permittee discovers any previously unknown historic or archeological remains
while accomplishing the authorized work, he will immediately notify the Wilmington District
Engineer who will initiate the required coordination procedures.
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
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earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project
must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of
1973 (North Carolina General Statutes Chapter I I3A 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 Ms. Liz Hair Wilmington Field Office,
Regulatory Division, telephone [phone] or email at [e-mail].
Sincerely,
HAIR.SARAH Digitally signed by
HAIR.SARAH.EA.1054
.EA.1054693 e93512
Date: 2020.05.01
512 0902:55-04'00'
Liz Hair, Project Manager
Wilmington Regulatory Field Office
Electronic Copy Furnished (without enclosures):
USEPA; Mr. Todd Allen Bowers
NCDEQ/DCM; Mr. Curt Weychert
NCDEQ/DWR; Mr. Robb Mairs
USFWS; Mr. Pete Benjamin/Ms. Kathy Matthews
NMFS; Mr. Pace Wilber/Ms. Twyla Cheatwood
RECEIVED
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ROY COOPER NORTH CAROUNA
Governor Environmental Quality
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
May 29, 2020
Dear Mr. Keefer,
This letter is in reference to the application submitted for Pender County, for a Coastal Area
Management Act Major Permit to undertake development activities to build a new private
docking facility adjacent to the AIWW in Hampstead.
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 August 13, 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 [phone] ext. 211) or e-mail ([e-mail]).
Sincerely,
Curtis Weychert
Assistant Major Permit Coordinator
Cc: DCM Wilmington
Debbie Wilson
�D_EQ2�
No1GWpugitll MLII,
\ North Carolina Department of Environmental Quality I Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252.808,2808
RECEIVED
MAY 2 8 MO
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DCM - MHD CITY

ROY COOPER
G"K,r nor
MICHAEL S. REGAN
'S" eoory
BRAXTON DAVIS
Ulrennq Otrrrlar nfCrwn'mf
Manayimrru
March 25, 2020
MEMORANDUM
FROM Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
curt.wevchert(EDNCDEN R.aov
SUBJECT: CAMA
Applicant: Brian Keefer
Project Location: Lots 3 and 3A Howards Lane, adjacent to AIWW, in Hampstead,
Pander County
Proposed Project: Proposal to construct a four (4) slip docking facility.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Wevchert at the address above by April 18, 2020. If you
have any questions regarding the proposed project, contact Jason Dail at [phone]
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
PRINT NAM
FACi4 LH9
SIGNATURE
DATE
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
RECEIVED
State ofNonh Carolina I Environmental Quality I Coastal Management MAR 2 5 2020
127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215
[)CM-MHD CITY

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