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HomeMy WebLinkAbout124-20 Walker, JohnPermit Class - -NEW Permit Number 124-20 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Gerrit for X Major. Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to John Walker, 435 Hughes Road, Hampstead, NC 28443 Authorizing development in. Pender County at adi. to Mill Creek, at 435 Hughes Road, in Hampstead as requested in the pernuttee's application dated.8/24/20 (MP-1) and "revised" 10/5/20 (MP-4), including attached workplan drawings (2), Drawings 2 and 3 of 3, dated "revised" 10/5/20. This permit, issued on - . December 23, 2020 - , is subject to compliance with the application (where consistent with the perm%it), all applicable regulations, special coriditions'and.notes set forth below. Any violation or tnese terms may oe subject to nnes,.impnsonment or crvu action; or may cause Inc permit to. be null and void Docking Facility Expansion . 1) This permit authorizes only the floating platform, boatlift, 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 peririttee-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) i nts permit action may be appealed by the permittee or other qualifed 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 heieunder requires fiuther Division approval. All work.must cease when the permit expires on December 31, 2023 In issuing this permit, the State of North Carolina agrees that. your project is consistent with the_ North .Carolina Coastal Management Program. - Signed by -the authority of the Secretary of DEQ and the Chair of the Coastal Resources'Commission i For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Perrnittee John Walker Permit No. 124-20 Page 2 of 3 ADDITIONAL CONDITIONS, 3) No sewage, whether treated or untreated,• shall be,discharged at any time from any boats using the docking facility: Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) No attempt shall be made by' the permittee-to prevent the full and•free use by the public of all navigable waters at or adjacent to the authorized work. 5) The authorized structures and associated aetivity'shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings;. 6) This permit -authorizes three (3) additional formalized boat slips for a maximum of five (5) formalized. boat slips at this docking facility: 7) :The,docking facility and associated structures shall have'a'm inimum setback distance of 15 feet between . any parts of the structure and the adjacent property. owner's area of riparian access'. USACE / FEDERAL.CONDITIONS 8) . Ia 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 reduirements therein.- The,guidelines can be found at http://ww.w.fws_eov/nc-es/mammal%manatee auidelines.pdf _ General 9) This permit shall not be assigned, transferred; sold,, or otherwise disposed of to, a tliird party without- the, written. "approval of the Division'o€Coastal�lvlanagement. 10) 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., 11) JEe permittee and/or his or hercontractor shall meet with a representative of the Division prior to project initiation.. _ 12) All`debris associated with tbc-removal or construction of the permitted docking facility shall be contained within the authorized project area and 'removed'to an, appropriate'upland location. .NOT This -permit does not eliminate the need to obtain, any additional state, federal or local permits,. approvals or authorizations that maybe required. NOTE: ' NOTE: I , The U.S. Army Corps of Engineers authorized.,the project by way of Programmatic General Perinit 197800056 (Action ID SAW-2020-01854). The N.C. Division'of Water Resources authorized -the proposed project byway of General'Water Quality Certification 4175 and assigned th'e project DWR,Pr0ject No. 2020-1672.. -'r ..................... .... ---------- ----------------------- --- lit. Walker4..-- ADDITIONAL CONDITION :'NOTE -F'itur6-d&velopment-odi&e I permatep_,sp"r­op,ert­y-`may x..:7e1 qj Contact a"represeiitaiiVe.-6fthe .Division -.at: (910) 7961 72. such ,acfiiiity'f6t'tfiis"dbtdrmirihti6ri�-,.The p6r�mitte6-is filil dependent adiviticsia're not 'authbiize'd4i NOTE:'-,, Ahajjplidatlop.processifig fee of-$256lw'a_'s-ri $ efor" 'tMs'.-prbj'ec' t t j i Iz Z' z DO MP-1 APPLICATION for Ma1or Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applica t 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address q35 i4,jA es �.� PO Box CRY tVA . Shea. A State VVIC ZIP ZSy43 Country (Jend<✓ Phone No. q10- 5"ZD-011q ext. FAX No. Street Address (If different from above) city State ZIP Email e�r , 1��.��ei � '�i✓S-♦LC� T�ZenS r iam 2. Agent(Contractor Information Business Name Agem/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Malling Address PO Box City State ZIP Phone No. 1 • - ext. Phone No. 2 - - ext. FAX No, Contractor M Street Address (if different from above) City State ZIP Email RECEIVED <Form continues on back> SEP 16 Z020 DCM WILM!NGTON, INC 282-808.2808 :: 1-888.4RCOAST :: www.necoastalmanagement. net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location o# Cty (can be multiple) clenr%✓ Street Address y3s dv5ACS7 (Li State Rd. Subdivision Name City State Zip cves 5�eud ✓1L ?-?443 Phone No. Lot No.(s) (d many, attach additional page with list) Ito -5-AD -0V74 ext. QS , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project M11 G-@_cl'— t 1t CrcclL c. Is the water body Identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. NNaturel ❑Manmade ❑Unknown T_Ct,J LJ e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes PNo work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) W� l4y b. Size of entire tract (sq.ft.) �8 kc o. Size of individual lot(s) ,I p S r 70 Ac r e d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) r Im G - �% NHW or ❑NWL e. Ve station on tract �a.d 1(ass, Sew��trs f. Man-made features and uses now on tract iFe , dil g. Identify and describe the existing land uses ad'spent to the proposed project site. I -es dwij h. How does I0CpI government zone the tract? i. Is the proposed project consistent with the applicable zoning? r f_ 5 "4',{ (Att!,cfi zoning compliance certificate, 'd applicable) Yea []No ❑NA J. Is the proposed aclwhy 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. ❑Yea []NO 2"K If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ago []NA National Register listed or eligible property? RECEIVED <Form continues on next page> SEP 16 2020 DCM WILMINGTON, No 282-808-2808 :: 1.888.4RCOAST :: www.neeoestalmanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (p Are there wetlands on the site? pffes []No (14 Are there coastal wetlands on the site? ❑Yes ❑No ()ii) If yes to either (i) or (if) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe a isting wastewater treatment facilities. SYT:( 'rc"r- o. Describe existing drinking water supply source. Co�1 p. Describe existing stone water management or treatment systems. NA- 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public(Government rivate/Communhy b. Give a brief description f purpose, use, and daily operations of the project when complete. res.d wk 6Q.,+ dock N'A 1 + c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. i �p,CJ jh4✓.ic CW5fr✓��:ir d. List all development activities you propose. 'if'i, A - a. Are the proposed activities maintenance of an existing project, new work, or both? e.a fr What is the approximatq total disturbed land area resulting from the proposec�rojeG? E�.R or []AcresI g. Wlil the proposed project encroach on any public easement, public acceasway or other tiros []Yeso [IRA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. mA- i. Will wastewater or stomwater be discharged into a wetland? ❑Yes Efio ❑NA If yea, will this discharged water be of the some salinity as the receiving water? ❑Yes ❑No []NA J. Is there any mitigation proposed? ❑Yes 290 NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> SEP 16 ZION 252-808-2808 :: t-888.4RCOAST :: www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, N applicable, must be submitted In order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare /the required items below. a. A project narrative, kl n 4 r� /.1 �.r�+�� IJB� k 4�r r� 2 47� /, (4 b. An accurate, dated work plat (Ihcluding plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. a. 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. Namef av .- ck b o.r n c r- Phone No. L116 Address g33 tit vge,-,-9a j-)an st=-d Of 2;443 Name jl tn,-c( ck &, 6ei d-r Phone No. Address y4t N,tie,-, aj tiar.e54e.J rIC W443 &31 5"99 329`I Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permidee, and issuing dates. M.iii( CAMP Pa,_� Zols biPuLkIku -)JlLd �- h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only 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 applicationis truthful to the best of my knowledge. Date_ _ :2Print NamJ e oirn wtwe'-- Signature Please indicate application attachments pertaining to proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts RECEIVED ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information SEP 16 2020 282-808-2808 :: 1-888-4RCOAST :: www.necoaslalmanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joirit 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, a. (I) Is the docking facility/marina: ❑Commerclal ❑Public/Govemment (TPrlvate/communily, C. (I) Docks) and/orpler(s) (Iq Number r 0 (III) Length V (Iv) Width (v) Floating [fifes ❑No e. (p Are Plallodns Included? []Yes OKO If Yes: (i) Number (IIQ Length (Iv) Width _ M Floating ❑Yes []No Note: Roofed areas are calculated from ddpl/no dimensions. g. (6 Number of slips proposed 01)Number of slips existing I. Check the proposed type of ailing: ❑ Land curand access channel ❑OpehWater dredging for basin and/or channel 015pen water no dredging required ❑Other, please describe: X. Typical boat length: 2 m. (I) WIII the facility have tie pilings? ❑Yes to (10 If yes number of tie pilings? RECEIVED OCT 0 8 2020 DCM WILMINGTON, NC b. (1) Will the facility be open to the general public? ❑Yes PNo d. (I) Are Flngor Plers Included? ❑Yes [We If yes: (11) Number (III) Length (iv) Width _ (v) Floating ❑Yes ❑No f. (1) Are aoagifts Included? 2< ❑No If yes: (I) Number t (ggLength far (Iv) Width 10, h. Check all the types of services to be. provided. ❑ Full service, Including travel lift and/or tall, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage twat ellpsl only, number of slips; ^_ ❑ Dry storage; number of boats: _ ❑ goat ramp(s); number of boat ramps: ff6ther, please describe: Jack) 096-J 14 J. Oescrlbe the typical boats to be served (e.g., open runabout, charter boats, sall boats, mixed types). rvn9 69.fi L (I) Will the facility be open to the general public? ❑Yes l' 25&eg&28ga :: 1-a6a-0RCOAST a: www.nceoastalmananementnet revised: 12J27/08 Form DCM MP-4 (Structures, Page 2 of 4) a. Check each of the following sanitary facilities that will be Included In the proposed project. Q Office Toilets ❑ Toilets for palrons; Number. _; Location: ❑ Showers ❑ Boalholding 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? a. (i) Give the location and number of'No Sewage Discharge* signs proposed. (ID GIVa the location and number of °Pumpout Available' signs proposed. L 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 numberof channel markers and ONO Wake'signs proposed. I. Give the location of fuel-hanciling facilities, and describe the safety measures, planned to protect area water quality, 1. What will he the madna pollcy,on overnight and live -aboard dockage? k- Describe design measures that promote boat basin gushing? I. If this project Is an expansion of an existing marine; what types of services are currently provided? m. Is the mednerdocking facliny proposed within a primary or secondary nursery area? C'rT Q Ely" []NO ING70N, NC 252-808-280B :: 1-8804RCOAST:: vvww necoaetarmanaaemegt net rovil": 72127/Oe Eorefr DCM MP•41 (Stracerlresr Page B of 4) n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? UYes ❑No o. Is the madnaldocking'faclllty proposed within or (BB), or other wetlands (VVL)? If any boxes a ❑CW , ❑SAV ❑SB OWL _ ❑None coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom Provide the cumber of square feet affected. P. Is the proposed marinaldocking facility located within orwith)n 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. a. g) Is the boathouse structure (sy, []Commercial ❑PublirJGovemment ❑Prlvateleommunity, (to Number (Iii) Length (IV) Width Note: Roofed ereas era calculated from ftline dlmensfons. a• (I) Number (it) Length (III) Width a. Length C. Maximum distance beyond NHW, NWL orwe9ands a. Is the structure(s): []Commercial OPabIINGovemment ❑Prlvate/Community C. Distance to be placed beyond shoreline _ Nole: This should be measured from marsh edge, lfpresent. RECEIVER e. Are of the swing OCT o s zozo b. Average distance from NHW, NWL, or wetlands b. Number it. Description of buoy (color, inscription, size, anchor, etc.) 252-SM2808 t: 1.888. laicoAstf ::.Syww.nccoasfalmanagomen! mn! I®Wsadi 12I27106 Form DCfl MIP-4 (Structures, [Page 4 oil 4) a. Proximity of structures) to adjacent riparian property lines b. Proximity of structures) to adjacent docking facilities. Jo 4f F-/� 3 q q Note: for buoy ormoodngplling,use amofswingIncluding length olvessel. C. Width of water body H d. Water depth at waterward and of structure at NLW or NWL e.. (I) WIII navigational Olds be required as a result of the project? Dyes M90 ONA (10 If yes, explain what type and how they will be Implemented. �217 2,D� RECEIVED OCT 0 9 2020 DCM WILMINGTON, NC 252.808-2808 U i-888-411COASY n vn .nccoastalmanaaorxentnet revised: 12127/06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: John Walker COUNTY: Pender PROJECT NAME: 435 Hughes Road LOCATION OF PROJECT: 435 Hughes Road, Adj to Mill Creek, Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-8-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Dail DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE RECD: 10-*20 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 12-22-20 HOLDS: MAIL OUT DATE: 10-ZJ-20 PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE RECD: $250#4136 END OF NOTICE DATE: 11- Ni•20 DEED RECD: Yes 150 DAY DEADLINE: STATE DUE DATE: 11-14-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep 10' in -7p DCM - LUP Consistency Determination (111110 Local Permit Officer Corps of Engineers - Regulatory Branch -11 '7�O ; - P 56 DWR-401 Section 11-15- 2Vq Z [ DWR - Public Water Supply 0 - 7,3 - Zo DEMLR - Stormwater 2 - DEMLR - Sed and Erosion DOA - State Property Office - Wildlife Resources Commission I - 10 �C DMF - Shellfish Section �j -Z�b DMF - Habitat & Enhancement DNCR -Archives & History DNCR-Natural Heritage Program NCDOT NC Dept of Commerce RECOMMENDATIONS FOR —John Walker The total square footage of the proposed docking facility was calculated as follows: Shoreline length =194 ft x 8 sq. ft =1,552 sq. ft allowable Existing platform = 200 sq. ft. (10' x 20') Existing floating dock = (6' x 20') 120 sq. ft. (6' x 20') Proposed floating dock expansion = 160 sq. ft (8' x 20') Proposed boatlift =10' x 15'- not included in square footage calculation Total = —480 sq. ft (existing and proposed) It is the staffs recommendation that the proposal to construct a docking facility is CONSISTENT with the Rules of 15 NCAC 711.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 711.0207 (d) Use Standards for Public Trust Areas. This office has no objection to the proposed work, provided it is consistent with state and federal permitting requirements are met. Any permit issued should include standard conditions for docking facilities. Received: 10/30/2020 11113 if1491103001 Historic Preservation Office «,.:.- ER 20-2303 NORTH CAROLINA Fnrironmental Oualily October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c u rt. wevc h e rt(a) N C D E N R. a ov SUBJECT: CAMA Applicant: John Walker ROY COOPER Goeemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Direcroq Division ojCoaxial Management NC - SBA 11/9/2020 Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pander County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips 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 November 14, 2020 If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office RECEIVED 11 /11 /2020 NOV 11.1010 MP SECTION State of Noah Carolina I Environmental Quality I Coastal Management DCM - MHD CITY 127 Cardinal Ddve Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER ;' Governor MICHAEL S. REGAN Secretary 4e»w'" BRAXTON DAVIS NORTH CAROLINA Director, Divamn ofCoartal Environmental Quality Management October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weycherta()NCDENR.gov SUBJECT: CAMA Applicant: John Walker Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pander County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips. 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 November 14202Ui If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAMg Shannon Jenkins NU NCDMF/Shellfish Sanitation SIGNATURE Q Xw 2a,�a..� for Shannon Jenkins RECEIVED pgTp 10/28/2020 OCf'2 8: 21120 MP SECTION DCM - MHD CITY State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive EA, Wilmington, NC 28405 919 796 7215 ROY COOPER a MICHAEL S. REGAN .5'ecrerary BRAXTON DAVIS NORTH CAROLINA Director, DivirionofC'a.ml Environmental Qualiq, Management October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevcherta7NCDENR.00v SUBJECT: CAMA Applicant: John Walker Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Ponder County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips. 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 November 14, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: %< This agency has no objection to the project as proposed. *"Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY SIGNATURE DATE Mark Brown Public Water Supply 10-23-20 state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 28405 919 7967215 RECEIVED OCT 2 3.1020 MP SECTION DCM - MHD CITY ROY COOPER j1t'' Governor "1I� MICHAEL S. REGAN l- secmfoy 'ti,a.w.M• . BRAXTON DAVIS NORTH CAROLINA Director, Division of Coastal Environmental Qtmlrq, Management October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)N CDEN R. qoy SUBJECT: CAMA Applicant: John Walker Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pender County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips 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 November 14202 If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. RINT NAME Dan Sams AGENCY 6anief`J ., DATA October 22, 2020 State of North Carolina i Environmental Quality i Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED OCT 2 2.2020 pCMSECTION MHD CITY ROY COOPER rrnerorr MICHAEL S: REGAN BRAXTON DAVIS i lin•erur, Un'�,:un a/fouvm; .1lmmge,nnut October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychert(cNCDEN R.gov SUBJECT: CAMA Applicant: John Walker Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pander County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this farm to Curt Wevchert at the address above by Novembei 14, 2020) If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Wanda AGEq-1 StatProperty Office Structures memo: Islip proposed ano 2 existing• total of 3 slips r DATA November 16,2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 RECEIVED NOV 1.:6 2020 MP SECTION DCM - MHD CITY October 20, 2020 MEMORANDUM: FROM: .SUBJECT: Applicant: Project Location: ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS i Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 26557 Fax: 252-247-3330 (Courier 11-12-09) dun.wevchertCrD NCD E NR.Aov CAMA John Walker 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pander County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips . 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 November 14, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 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. I This agency 'approves of the project only N the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M r a; Z 11 AGENCY SIGNATURE p A, �n � RECEIVED NOV 101010 DATE 11-10-�.pZp MP SECTION DCM — MHD CITY State ofNnrth Carolina I Environmental Quality I Couatal Management 127 CWinal DriveExt, Wilmington, NC 29405 9197967215 NORTH CAROLINA Furlronmenial nuahly October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertcDNCDENR.gov SUBJECT: CAMA Applicant: John Walker ROY COOPER Govemor MICHAEL S. REGAN secremry BRAXTON DAVIS Director, Diviaion ofCoarml Management Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pander County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips 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 November 14, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (916) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described'in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE DATE 11 /12/2020 StateofNorth Carolina I Environmental Quality l Coastal Management 127 Cardinal Drive FM., Wilmington, NC 29405 919 796 7215 ROY COOPER Gu,,"mr MICHAEL S. REGAN +.":,,, BRAXTON DAVIS Urnanm, /Hrnn..... ,cnhd Alnnnknrnn October 20, 2020 FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 25557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(aNCDEN R.00v SUBJECT: CAMA Applicant: John Walker Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pender County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips. 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 November 14,.2020, if you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as, proposed. "Additional comments may attached" This agency has no comment on the proposed project This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME M A f I//- Z, en < I e )- AGENCY N C D t • d l tvtA0(� 4-JC t SIGNATURE , ° ` A v �- � Q�4 1 1 '(,4 DATE l0 3i1(Zo Saint of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 MEMORANDUM To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination- John Walker - Pender County Date: December 1, 2020 Consistency Determination: This project is consistent with the Pender County Comprehensive Land Use Plan Update. The applicant proposes to expand an existing two -slip docking facility creating up to five (5) slips. The project is located at 435 Hughes Road 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 Resource Protection and Conservation. Waters at the project site are classified as SA and are not 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 Resource Protection and 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 DEG 6:12010 MP SECTION DCM - MHD CITY ROY COOPER MICHAEL S. REGAN BRAXTON DAVIS October 20, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) c u rt. we vc h e rt(M N C D E N R. a ov SUBJECT: CAMA Applicant: John Walker Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pender County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to five (5) slips 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 November 14, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Holley Snider AGENCY DWR 401 Buffer Permitting Branch Noce y Stiialer SIGNATURE DATE 12/03/2020 RECEIVED DEC 0 $ 7020 MP SECTION Slice of North Carolina I En,;ronrnmal Qotiiw I Coastal Managemm, DCM - MHD CITY 127 Cardinal Dive Est, Wilmington. NC 28405 919 7967215 DocuSign Envelope ID: 4C32784D-D5F6-44C2-BE26-4795DEA7646E ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director John Walker 435 Hughes Road Hampstead, NC 28443 NORTH CAROLINA Environmental Quality December 3, 2020 Subject: No Written Approval Required 435 Hughes Road, Hampstead Dear Mr. Walker: DWR # 2020-1672 Pender County RECEIVED DEC I 1 11,110 MP SECTION DCM - MHD CITY The Division of Water Resources (DWR) has received a copy of your CAMA major permit application request dated received by this office on October 21, 2020. The application proposes to expand an existing residential docking facility. As proposed, the docking facility expansion would consist of an extension of the existing floating dock and installation of a boatlift to provide dockage for up to five (5) vessels. The docking facility would be located in the waters of Mill Creek which are classified as SA:HQW by the DWR. The DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 19800291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Permit when issued by the Division of Coastal Management. 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 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto:/twww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 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). The petition may be faxed to the OAH at (919) 431-3100, 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. LDE QNorth Carolina Department of Environmental Quality I Division of Water Resources _ Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405 �+v/ 910.796.7215 DocuSign Envelope ID: 4C32784D-D5F6-44C2-BE26-4795DEA7646E Mailing address for the OAH: If sending via US Postal Service. Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 DWR # 2020-1672 December 3, 2020 If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to 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 Holley Snider at 910-796-7304 or hollev.snider(&ncdenr.aov if you have any questions or concerns. Sincerely, EC70CM, Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 RECEIVED cc: Sarah Hair, USACE Wilmington Regulatory Field Office, EC DEC 11 2M Curt Weychert, DCM, EC DWR 401 & Buffer Permitting Branch file-LF MP SECTION WiRO DCM - MHD CIT" :i STATE OF NORTH CAROLINA �. DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO. 4175 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291(NC COASTAL AREA MANAGEMENT ACT), • REGIONAL GENERAL PERMIT NUMBER 201801536 (MARSH SILLS) • NATIONWIDE PERMIT NUMBER 48 (COMMERCIAL SHELLFISH AQUACULTURE ACTIVITIES), • NATIONWIDE PERMIT NUMBER 54 (LIVING SHORELINES) AND • WHEN APPLIED TO CAMA PERMITS, REGIONAL GENERAL PERMIT.NUMBERS 198000048, 198700056, 197800080, 197800125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3, 12, 13, 14, 18, 27, 29, 33, 35, 39, AND 54 Water Quality Certification Number 4175 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described in Regional General Permits 198000291, 198000048, 198700056, 197800080,197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, 48, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95- 217 if conducted in accordance with the conditions hereinafter set forth. Effective date: February 1, 2019 Signed this day: February 1, 2019 VA r / for Linda Culpepper, Director RECEIVED DEC 11 2020 MP SECTION DCM - MHD CITY i Regulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 88 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Action ID No. SAW-2020-01854 Mr. John Walker 435 Hughes Road Hampstead, North Carolina 28443 John. Walkerna.Firstcitizens.com Dear Mr. Walker: December 17, 2020 Through coordination with the North Carolina Division of Coastal Management we have learned of your request to expand an existing docking facility located at 435 Hughes Road, along Mill Creek, in Hampstead, Pender County, North Carolina. On January 1, 2017, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 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 https://www.fws.gov/raleigh/pdfs/ManateeGuidelines 2017.pdf. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. RECEIVED OtC 17 2026 MP SECTION DCM - MHD CITY J -2- Thank you for your time and cooperation. If you have questions, please contact Liz Hair, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049 or email sarah.e.hair@usace.army.mil. Sincerely, HA I R.SARAH, Digitally signed by HAIR.SARAH.EA.1054 EA.1O54693 ''693512 —Date: 2020.12.17 LIZ;air, Project Iv RRR-ger 36-05'00' Wilmington Regulatory Field Office Enclosure: GP 56 conditions Manatee Guidelines Plans Electronic Copy Furnished (without enclosures): NCDEQ/DCM; Mr. Curt Weychert/Ms. Tanya Pietila NCDEQ/DWR; Ms. Holley Snider RECEIVED DEC 17 2020 MP SECTION DCM - MHD CITY Dail Jason From: Dail, Jason Sent: Wednesday, August 26, 2020 10:12 AM To: Walker, John Subject: CAMA Major permit application - Additional Information requested - John Walker - 435 Hughes Road, Hampstead NC Attachments: MajorApplicationChecklist 09.doc RE: INCOMPLETE APPLICATION —John Walker —ADDITIONAL INFORMATION REQUIRED APPLICATION NUMBER—TBD PROJECT ADDRESS— 435 Hughes Road, Hampstead, NC Good afternoon Mr. Walker, The Division of Coastal Management's Wilmington Regional office received a CAMA Major Permit application from you on August 25, 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 you submit the following additional information to this office: f • Please provide a copy of the deed forthe subject property �• Please provide the return signed certified mail receipts (i.e. "green cards") indicating the adjacent riparian property owners have been notified of your development plan. V • Please provide a processing fee of $250, payable to: NCDEQ �• On the MP-1 Form, Section 5(c.), please describe the proposed method for construction. Often times, applicants will indicate "typical marine construction" in this field. 1�• On the MP-1 Form, Section 5(f.), please list the names and addresses of the adjacent riparian landowners. V/ On the MP-1 Form, Section 5(g.), please list any previously issued LAMA permits. • On the MP-4 Form, Section 1(g.), please change the number of proposed slips to three (3), two for the proposed / dock extension and 1 being accounted for with the proposed boat lift. V • On the MP-4 Form, Section 1(f.), please confirm the boatlift will be�� size. The measurement of the / boatlift should be documented in the application based on the piling footprint. V On the MP-4 Form, Section 7, please complete and provide an answer for (a) through (e). • Please provide a location map of the property, explaining directions for someone unfamiliar with the area. • Please provide a revised site plan and cross section drawing that shows each of the following: f The workplan drawings must be accurately drawn to an engineers scale (1"-200' or less) (example 1"=30% 1"=50', 1"=60% 1"=100', etc.). The scale must be indicated on the drawings. Simple Title Block (indicating name of applicant) Drawing Number(s) — (example: drawing/page/sheet 1 of 4) Date workplan was prepared [� Vicinity Map Standard North arrow ue'� Legend and scale f Shoreline Waterbodies (indicate name of water body) Width of adjacent water body / Coastal Wetlands (indicate both upper and lower limits) RECEIVED Existing and proposed man-made structures ✓ Existing water depths relative to the Normal Low Water Level (indicate datum used to det40hacfi?0[IWand whether or not soundings were collected based on elevation or vegetation) DCh4 WILNUINGTON, i,!C u/ Approximate Normal High Water Level (NHW) V Approximate Normal Low Water (NLW) Property boundaries Riparian Corridors (for structures located over public trust waters) Distance of proposed structures to the maintained channel(s) Names of adjacent property owners Depth and elevation of existing structures The Cross -Sectional (side -view) Drawing(s) should show the following and should have the same title block scale legend etc. as the site plan drawing: NHW NLW - Existing and proposed structures Edge of channel Width of waterbody Edge of Wetland (on both sides of the creek) Water depths relative to NLW In accordance with the Department of Environment and Natural Resources regulations, we note that the partial application, as submitted on August 25, 2020, is incomplete for processing. Upon submission of the requested 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. Due to the amount of deficiencies, your application package is being returned in its entirety. Take care, Jason Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 Jason. Dail ncdenc.qov Nro....: : . 'E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. n=�CEIVED SEP 16 2020 DCM WiLMii?GTCI`, NC II11111111111111111111111111111111111 ovulcwgyu rALst:ii 0914:19.001 SFaron Lear VAllaugM1br. Pe,xlerCWnry arabter ai DeNr pper oral Deed of Trust Return To; FIRST CITIZENS BANK & TRUST COMPANY PO BOX 4500 HENDERSONVI.LE, NC 28793 Prepared By; FIRST -CITIZENS BANK & TRUST COMPANY PO BOX 4500 HENDERSONVI,LE NC29793.4500 Sharlene Gifford Loan Number: OO000000012416 MIN: 100113412346806912 Definitions Words used in multiplesections of this document are defined below and other words aredefined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document we also provided in Section 16. (A) "Security Instrument" meam this document, which is dated November 3, 2014 , together with all Riders to this docmnern, (B) "Borrower' is JOHN G WALKER and MARTHA F WALKER, HUSBAND AND WIPE Borrower is the trustor under this Security Instrument (C) "Lander' is FIST -CITIZENS BANK &TRUST COMPANY , RECEIVED - Lander is a NC BANKING CORPORATION organized and exisfing under the laws of NORTH CAROLINA LenderIN s address is 539N MASTREET ' SEP 1 s ZO2� HENDERSONVILLE, NC 28792 (C1) T'he name of the Mongage Brolmr is NA (D) "T "Trustee" is DCM NEUSEINCORPORATED tumx wd+ttaW. n�,arr.me rovcrcuae u.. uwrvw iamuxun wtx s¢as _-_.—. rum >w fa vav ae"n.,. arwnu' t+ww'ac1 fiar4m vas.. loos rs.ax sa.«.. py.tau YIIIIIII�IIIWKI� IIIIIIIIIIIII2509IIIIII�I0017IIIYYIIIIIYIII NMOOOOaNC001014025094(g10000000'124t8 Submitted electronically b)' Ray C. Blackbum, Jr., Attorney at Law in compliance with North Carolina stdtutes governing recordable documents aad the terms of the submitter agreement with the Pander County Register of Deeds. •� ROY COOPER 1 G,,wmor MICHAEL S. REGAN Secrelary BRAXTON DAVIS Dwooq Division of Caaslal Managemem October 20, 2020 MEMORANDUM FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(rDNCDEN R.gov SUBJECT: CAMA Applicant: John Walker Project Location: 435 Hughes Rd., adjacent to Mill Creek in Hampstead, Pender County. Proposed Project: Proposal to expand an existing two -slip docking facility creating up to rive (5) slips 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 November 14, 2020. If you have any questions regarding the proposed project, contact Jason Dail at (910) 796-7221 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ,:71Z11111111:I_1i7i1� AGENCY SIGNATURE DATE Slate of Noah Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 919 796 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: John Walker 2. LOCATION OF PROJECT SITE: Site is located at 435 Hughes Road, Hampstead, Pender County. State Plane Coordinates - Lat: 34°20'57.70"N Long 77042'24.86"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Application received complete:10/8/20 5. SITE DESCRIPTION: (A) Local Land Use Plan- Pender County Land Classification from LUP - Resource Protection and Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing- None Planned- N/A (F) Type of Structures: Existing- Residence, pier, platform and docking facility. (G) Estimated Annual Rate of Erosion: N/A 6. HABITAT DESCRIPTION: (AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open Water) 310 sq. ft. (incorporated) (C) Other - Highground disturbance (D) Total Area Disturbed: 310 sq. ft. (0.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: Closed 7. PROJECT SUMMARY: The applicant proposes to expand an existing two -slip docking facility creating up to five (5) slips. John Walker Page 2 9. PROJECT DESCRIPTION The project site is located at 435 Hughes Road, adjacent to Mill Creek, in Hampstead, Pender County. To get to the site from Wilmington take US Hwy 17 N to Hughes Road (approximately 0.55 miles south of the intersection of Highway 17 and 210 in Hampstead). Turn right onto Hughes Road and travel approximately 1.5 miles. The applicant's property is located on the left hand side of Hughes Road at house number 435. The subject property is approximately .48 acres in size (20,900 sq. ft.) with roughly 194 linear feet of shoreline. Existing man-made features on the property include a residential dwelling, retaining wall, private pier and two -slip docking facility. The high ground portion is elevated approximately 6-8 feet above Normal High Water (NHW). Vegetation on the tract consists of scrub brush, Long leaf pines, Oaks and ornamental landscaping. The highground transitions to Coastal Wetlands along the eastern shore. In this location, Black Needlerush (luncus roemerianus) extends approximately T-10' beyond the edge of the bank before transitioning to a 15'-20' wide area of Smooth Cordgrass (Spartina Al terniflora). The existing pier and platform located along the eastern property line was authorized by CAMA General Permit #64716 on 7/14/2015. The existing pier (6' x 56') extends in an easterly direction, and terminates approximately 30 feet beyond the edge of the marsh. A 10' x 20' fixed platform exists along the northern side of the existing pier near the terminal end. Additionally, an approximate 6' x 20' floating dock exists along the southern side of the existing pier, which runs parallel to the channel and shoreline. The width of the waterbody in this area of Mill Creek ranges from 95' to 105' feet, as measured from the edge of marsh to edge of marsh. Current water depths around the existing facility range from approximately -2.0 to -4.0% relative to Normal Low Water (NLW). Pender County's Land Use Plan (LUP) classifies the local area as Resource Protection and Conservation. The waters of Mill Creek, adjacent to the project site, are classified as SA by the North Carolina Division of Water Quality. They ARE NOT designated as a Primary Nursery Area (PNA) by the North Carolina Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT According to the project narrative and application package, the applicant proposes to expand the existing two -slip docking facility creating up to five (5) slips. Although the applicant has specified only three (3) slips are being proposed under this application, there is the potential to dock up to five (5) vessels at this location based on the orientation of the existing and proposed dock(s). Under the current proposal, the applicant seeks to install a 10' x 15' boatlift along the northern side of the existing platform. Based on the site plan drawing submitted with the application package, the outer pilings (waterward most pilings) would be located in alignment with the existing fixed platform, meaning no additional encroachment would occur outboard of the existing pier -head line. Similarly, the proposed 8' x 20' floating dock addition would be connected to the existing 6' x 20' floating dock, and would extend in a southerly direction. The proposed dock would also be located in alignment with the existing dock meaning no portion of the proposed structure would extend John Walker Page 3- outboard of the existing dock alignment According to the application package, water depths in the vicinity of the proposed boat lift and floating dock range from -2.0' to -4.0' (@NLW). The site plan submitted with the application package indicates the proposed development would occur within the applicant's area of riparian access with no encroachment into neither riparian corridor setback. Additionally, the site plan shows a separation of approximately 153' from the riparian corridor bordering the property owner to the north and approximately 40' from the property owner to the south. In the location of the proposed project, the shoreline is irregular and there does not appear to be an established "pier -head" alignment Washington Acres Owners Association has an active CAMA Major Permit (No.175-07), authorizing maintenance excavation of the adjacent channel. In the location of the project, the dredge channel width measured approximately 25' in width and based on the major permit drawings, the proposed dock would not encroach beyond the near shore edge of the channel. 10. ANTICIPATED IMPACTS The proposed project would include the incorporation of 310 sq. ft of open water area as a result of the proposed boat lift installation and floating dock expansion. This work would occur within Public Trust and Estuarine Waters. As proposed, the project would conform to the x/4 width requirement and would not encroach beyond the near shore edge of the dredge channel. Additionally, the proposed work would not encroach within the 15' setback of either adjacent riparian property. Minor increases in turbidity should be expected; however, no long-term impacts are anticipated. Submitted by: Jason Dail Date: October 15, 2020 Office: Wilmington 10/05/2020 Narrative on Major CAMA permit I am requesting a permit to increase the size of my current floating dock from a 6 by 20 ft long floating dock to a 6 by 40 ft long floating dock. The new dock will be joined onto the current dock end and will be constructed of wood and Styrofoam floats; just as the current dock is. The new floating dock will be attached on the south eastern side by a new pile at the end. This will allow me to property dock my 25 ft boat, and give room forvisitors. This new floater will not extend out into the creek any more than my current floater. The floater will have 6 ft to 8ft of water at NLW on the outside and.2 to 4 ft on the inside. I am also requesting the addition of a boat lift beside the fixed pier on the NW side of the fixed pier. It too will be inside the line from the floating dock and on the other side of the fixed pier. The lift will have 4 ft at NLW in the center. The new lift will consist of four new piles, two which will contact the current fixed pier and two about 10 ft off the pier to allow for the 10,000 lb boat lift frame to be attached. This will actually improve the passage on the creek by having a boat outside the channel. John Walker 425 Hughes Rd Hampstead NC 29443 RECEIVED OCT 0 0 2020 ,CM WILMINGTON, NC Weychert, Curtis R From: Dail, Jason Sent: Friday, November 20, 2020 8:58 AM To: Weychert, Curtis R Subject: FW: [External] CAMA FYI. John Walker's response Jason Dail Field Representative NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC28405 Phone: (910)796-7221, Fax: (910)395-3964 JJaasoonDail @ncd enr. ao v 'E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Walker, John [mailto:John.Walker@firstcitizens.com] Sent: Friday, November 20, 2020 8:56 AM To: Dail, Jason <jason.dail@ncdenr.gov> Subject: [External] CAMA I, John Walker attest to the following statements • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. John Walker First Citizens Bank Sr. Vice President Business Banking 440 S College Rd Wilmington NC 28403 -iohn.walker@firstcitizens.com (910) 792-6619 Office (910) 520-0874 Cell (910)256-2674 Fax Click here to upload files to my secure folder www.firstcitizens.com t3 ;:forever strong. Forever solid. Forever stable. Forever helping. Forever here: Forever First: This electronic mail and any files transmitted with it are confidential and are intended solely, for the use of the individual or entity to whom they are addressed. If you are not the intended recipient or the person responsible for delivering the electronic mail to the intended recipient, be advised that you have received this electronic mail in error and that any use, dissemination, forwarding, printing, or copying of this electronic mail is strictly prohibited. If you have received this electronic mail in error, please immediately notify the sender by return mail. Visit us online at www.frrstcitizens.com or call 1-888-FC DIRECT (1.888.323.4732). First Citizens Bank. Forever First®. Member FDIC. s 9 ROY COOPER Governor MICHAELS.REGAN Secretary BRAXTON C. DAVIS Director John Walker 435 Hughes Road Hampstead, NC 28443 Dear Mr. Walker: NORTH CAROLINA Envkonmentat Quality October 15, 2020 The Division of Coastal Management hereby acknowledges receipt of your application requesting State approval for development of the subject property located at 435 Hughes Road, in Hampstead, Pender County. It was received as complete on October 8, 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 22, 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 October 8, 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 rigbt-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, • / on Dail ield Representative cc: Curt Wychert, DCM Liz Harr, COE Holley Snider, NCDWR D Q� North Carolina Department of Environmental Qwllty I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 NOTI(01*174A LAMA PERMIT APPLIES FOR PROJECT: . . . FBI Mill Creek, Hampstead, Pender County. OMMENTS ACCEPTED THROUGH ICANT in Walker Hughes Road npstead, NC 28443 ^T620 0874 !nt: n/a November I a 0 202.�O FOR MORE DETAILS CONTT/\— CT THE LOCAL PERMITOFFICE R BELOVV" i� e 0 NORTH CAROLINA Fnrirm earal [AmLn October 21, 2020 Advcrtising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 ROY COOPER MICHAEL S. REGAN Arnlarn BRAXTON DAVIS Direaror. /human of(banal Mnngsmem Re: Major Public Notice for: • Dellaine Risley, Emmett Aldridge Jr., Elizabeth Lennon / New Hanover County • John Walker / Pender County • Orton Plantation Holdings, LLC / Brunswick County Hello Angie: Please publish the attached Notice in the Saturday, October, 24, 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: ?ietila Support & Customer Assistance MHC Files Curt Weychert— WiRO/MHC USACE S=ofNonh Cn hw I Fnwo ntd Quality I Coaxal Mnugmomt 127 Cardmal Dme 6#., Wilmingt n NC 29405 919 796 7215 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to — J-1, �d Ikr� 's 3 s f (Name of Property Owner) property located at v es (Address, Lot, Block, Road, etc.) on (h 11 C�ec� —,in (jr -aifc"i N.C. (Waterbody) I (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above locatjon. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must fill in description below or attach a site drawing) lido 2o4+ g F/ar1," dock jol-5 c. ( D-4- I.Tl WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) _Y_ I do wish to waiv a the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Pr erty Owner Information) Sig lure Jea"_ 'nt or Type Name n f YlY' tf.SJ'<ej ^/ Mailing 6ddresso- City/Stat p qrJ SZo 04'1Y Telepho a Number/email address z I- Zo Date `Valid for one calendar year after signature' Information) 9t0 -62-IM Telephone Num r/email address 9/2'I Z` RE EIVED Dated ' (Revised 16f1020 DCM WIL10!NGTCN, NC ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to J&ti^ Wa 1 n (Name of Property Owner) property located at � 3 S TT u 5 �Cc s I` (Address, Lot, Block, Road, etc.) on ih` �� C✓ec� in tiogsf-cad Y1L ends/ N.C. (Waterbody) (City/Town and/or County) The applicant has described to me, as shown below, the development proposed at the above location I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual proposing development must rill in description below or attach a site drawing) dock pl.s (314L ► F► WAIVER SECTION I understand that a pier, dock, mooring pilings; -boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' frOm my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) _ I do wish to waive the 15' setback requirement. I d o not wish to waive the 15' setback requirement. Owner Information) qt/ tC 9i0 szooY-1y Telepho a Number/email address -ZY-� Date 'Valid for one calendar year after signature' (Adjacent Property Owner ,Q6 f Print or Type Name 4u/ 1���a�1^ S Rb• /V C Telephone Nu ber/email address g/;ty%njp RECEIVED Date` r (Revised Aug 914) 6 2020 554E N fiS 0000 001.0 6TU. r- t t uc t15 0000 00L0 6T OL ■ Complete Items 1, 2, and 3. ■, print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. Tf-,Vtvt NA,-ntA W Y 3 3 gj5hes 621 W HLLI stra o/ ✓/ (- Zip qV-13, W 9590 9402 5695 9346 2953 42 7019 0700 0000 5470 3162 PS Form 3811, July 2015 PSN 7530-02-000-9053 ■ Complete tams 1, 2, and 3. ■ Print your name and address on the revlrse so that we can return the card to ■ Attach this card to the back of the 7lbll&e or on the front if space permits. LU ,_ Ja Y, ,it M ha of qjj o �r�eci di'1C 7'5'Y3 9590 9402 5695 9346 2953 59 7019 0700 0000 5470 3155 Ps Form 3811, July 2015 PSN 7590-02-000-W 3 A. Signature X ❑ Agent ❑ Adore B. Received by (Printed Nand 1 C. Date of Dell D. Is delivery address dlfleremFrom Item 1? ❑ Yes oFS, enter delivery address below: ❑ No 00 0 �3. Service Type b Adult Signature ❑ Prii Mall Express® 10 Adult Signature Restricted Dellvery ❑ Registered Melp" ❑ Registered Mall Restricted' ❑ceNled Mall® Delivery ❑ Cerleied Mall Restricted Delivery ❑ Return Recelptfor ❑ collect on Delivery Merchandiso ❑ Collect on Delhrery Restrbtetl Dellery Cl SignatureConfirmai 1 lrecred Mail ❑ SignatureConameeon ] Insured Moll Restricted Delivery Restricted Delivery _ (ova$acm I Domestic Return Receipt X .•4 ❑ Agent . f^ ❑ Addre B, Received by (Printed Nmn1 I C. Date of Del D. Is delivery address differen tier item 1? ❑ Yee If YES, enter delivery, addres below. ❑ No o. aarvlw W. ❑ Prbrity, Mall Express® ❑Adult Signature ❑ Registered Mail- ❑ Mutt signal Restricted Delivery ❑ Registered Mal ResMctad ❑ Denial Melle Delivery ❑ CWI%d Mall Restricted Delivery ❑ Return Recelpt for ❑ Collect on Delivery Memnandlae ❑ Collect on Delvery, Restricted Doi O Signedrre Gm1krisul Irsured Mall ❑ Signature confirmation Ireured Mall Restricted Delvery Restricted Delivery (over $500) Domestic Return Receipt 2 o* 3 ih +coA/�acwsmvAlt i :: h G�� RECEIVE® q31 11941--l OCT 0 8 2020 DCM WILMINGTON, NO Crec��' IIIII III III'IIIIII'IIIII II"III III'll BOOK:4490 PAGE:73 I1/oa0r4 a 0114.1 not Share, Lear wmwehbV. Pender Cwnw Reginur Of needs Paeea Transfer of Rights In the Property The beneficiary of this Security Instrument is MESS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii)the performance of Borrower's covments and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the County of PENDER (Type of Recording Jwvdiefion) (Name ofRacordJag Jwtsdicdort) SEE ATTACHED EXHIBIT A Parcel ID Number. 3292-00-2679-0000 435 HUGHES ROAD which cum my has the address of HAMPSTEAD (Svee() ("Pmp" Address"): (City), North Carolina 28443 (Lip Code) TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the Improvements now or hereafter erected on the property, and all easements, appurtenances, and Fixtures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the ePmperty " Borrower understands and agrees that MERS holds only legal fide to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or casmm, MERS (as nominee for Lender and Lender's successors and assigns) has the right to exercise my or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for mcumbranum of record. Borrower warrants and will defend generally the fide to the Property against all claims and demands, subject to my encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonurdmrm covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note end my prepayment charges and late charges due under the Note. Borrower shell also pay funds for Escrow Items pursuant to Section 3. Payments due ruder the Note and this Security Instrument shall be made in U.S. currency. However, if my check or other instrument received by Lender as payment under the Note or Its Security Instrument is reamed to Lender unpaid, Lender may require that my or all subsequent payments due ruder the Note and this Sec city Instrument be made in one or more of the following fortes, ea selected by Lmder: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided my such check is drawn upon an institution whose deposits we inured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received a< the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice previsions in Section 15. Lender may return my payment or partial payment if the payment or partial payments are insufficient to bong the Loan current If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations ofBoffmwer hereunder pursuant to Section 22 the Lender may accept my payment or partial payment insufficient to bring the Ivan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the mare, but Lender is not obligated to apply such payments at the time such payments we accepted. If each periodic Payment is applied as of its scheduled due data, that Lender need not pay interest on unapplied fads. Lender may hold such mapplied fm is until Burrower makes payment to bring the Lou curtent. if Borrower does net do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. NORN flAglaAlq FM .. WIN a96 Fen aml ypr v,e aaaeaNaA VwWxcl mmm Nb .law Flaeal se,aa Pre i mu IIIIIIIIIIIIIIIIIIIIIIIIIIIII3IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIJ b}7<000UdNCrU3U140270U27094U000000UU124152415 RECci': �-V SEP 16 2020 ocrf wrLr.�,r;,;Tou, r/c III�II II III'll II I"II'I� II'II'I III'll BOOK:4490 PAGE:74 /ilo91?.001 Shoal Lar W11wghbv. Peader CO4mv Rearlel of mes Rage a o31 No offset or claim which Borrower might have now Orin the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining 'moats shall be applied fast to late charges, second to any other amounts due under this Security Instrument and than an reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can he paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied fast to any prepayment charges and than as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change thu amount, of the Periodic Payments. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Fonds") te provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender ad" Section 5; and (d) Mortgage Insurance premiums, if any, or any arms payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items we called "Escrow Items.' At origination or at any time during the term of the Low, Lender may require that Community Association Dues, Fees, and Assessments, if my, be escrowed by Borrower, and such does, fees and assessments shall be an Escrow Item. Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrowees obligation to pay the Funds for my or all Escrow Items. Lender may waive Borrowers obligation to pay to Lender Funds for my or all Escrow Items at my time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for my Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing Such payment within such timeperiod u Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be dens ed to be a covenwl and agreement contained in this Severity Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender my such amount. Lender may revoke the waiver as to my or all Escrow Items at my time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Fads, and in such amounts, that we then required under this Section 3. Lender may, at my time, collect and hold Fads in an =car (a) sufficient in permit Lender to apply the Funds st the time specified under RESPA, and (h) not to exceed the maximum amount a lander can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, insumncmality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in my Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items w later than the time specified under RESPA. Lender shell not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Pscrow Items, unless Lender pays Borrower interest on the Fads and Applicable Law permits"Lender to make such a charge. Unless an agreement is made in writing or Applicable Lew requires interest to be paid on the Funds, Lender shall not be required to pay Borrower my interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Fads. Lender shall give to Borrower, without charge, an annual eccoumfing of the Fads as required by RESPA. 1M GVIg1MiM fa„sy FeMe WKiNNb 4,t LNIWM IIBININ[M Will MEIS rmm MA vQ uas • area.. Srawm l Win xu..r frlatla Sa4rw s*IPerracl I,wna PNe I IX It IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII evxp0rsNcsgaota0280ozaosaoc000e000tz4ts IIIIIIIIIIIIIIIIII'lllllll"II'I"'ll BOOK:4490 PAGE:75 oz:tits.not Sh.—I l ea, KnloughbY. ruder C an, aean¢r of oeedr rage S of 21 If then is a surplus of Funds held in escrow, m defined under RFSPA, Lender shall account m Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the meant necessary to make up the shortage in acdordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in ®crow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to makeup the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in fall of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instmmenl, leasehold payments or ground rents on the Property, if my, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items we Escrow Items, Borrower shall pay them in the manner provided in Section 7. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long a9 Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enfmrcemcnt of the lien in, legal proceedings which in Lenders opinion operate to prevent the enforcement of the lien while those proceedings are pending but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to l.endw subordinating the lint to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay acne -time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but tat limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the period& that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loam The insurance carrier providing the insurance shall be chosen by Borrower subject to Lenders right to disapprove Borrowers choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; car (b) a one-time charge fir flood zone detemlinetion and certification services and subsequent charges each time minappings or similarchanges occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain my of the coverages described above, Lender may obtain insurance coverage, at L andds option and Borrower's expense. Lender is under an obligation to purchase my particular type or amount of covemge. Therefore, such coverage shall cover Lender, but might or might not protect •Borrower, Borrowers equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or loser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage an obtained might significantly exceed the cast of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject in Lenders right to disapprove such policies, shall include a standard mortgage clause, and shell name Lender as mortgagee and/or as an additional loss payce. Lender shell have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and mrmwal notices. If Borrower obtains any forth of insurance coverage, not otherwise required by Lender, for damage in, or destruction oi: the Property, such policy shall include a standard mortgage clause and shall namme Lend" as; mortgagee and/or as an additional loss payee. Went FMNGanN WWFl 0. 1.M'OW IMSIKM9 W1H YENS Firm ]0>1 M Via • ae,r sNN,m, • �*oaM'el 11 WL W Nye, Iexe[ RNtla bbNw II II V.p, 60! It III II III I IIII III O0005 II O0501 I IIIIIIIIIII 0000 0124IIIIIIIIIII III I 1bR00006NC00501402909d00000000012dte RECEIVED SEP 1 62020 OCM WILIAI,yG70N. MC NC Division of Coastal Management Major Permit Application Computer Sheet AEC: " i11 .►1 Fee: $ 140 it ('� . _ CDAITS _ MHC cc Applicant: 0 V V PAf Agent/Contr. or. Project Site County: Staff: District: Wilmington Project Name: DA Rover File: n/a River Basin: Initial date of application submittal: I b —Sr Date application "received as complete' in the Field office: 10 —cc 230 Permit Authorization: SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes o I PNA: ❑Yes o Photos Taken: Yes ❑ No Setback Required (riparian): ❑Yes o Critical Habitat: ❑Yes No ❑Not Sure 15 foot waiver obtained: ❑Yes 1ANo Hazard Notification Returned: []Yes)No SAV: ❑Yes o []Not Sure Shell Bottom: ❑Yes "to ❑ Not Temporary Impacts: ❑Yes o Sure r Sandbags: Yes o ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP:JC9Yes ❑No ❑Yes o Moratorium Conditions: Environmental Assessment Done: Length o Shoreline: ❑Yes o ❑NA ❑Yes PNo ❑NA � FT. Shellfish Area Designation: Project Description: (code) Development Area: (code) Open or ose 'P -f:� D , p I A-e, SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ;?tyligh Quality Waters (HQW) I ❑ Outstanding Resource Waters (ORW) I WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina akemiflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 1 ❑ III(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 $100 and/or fill - $400 . Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 Applicant: de— W Date: 0 y' 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 New Work Replace Merit ❑ ❑ Y N I 7 G New Work Replace t r 7 Mont❑ 0Y)4N g New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work El 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 restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) tamp impacts) amount 16 Ow Dredge ❑ Fifl ❑ Both ❑ Other Dredge ❑ Fill ❑ Both ❑ Other ❑ l Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919-733-2293 r. I.888-4RCOA5T :: www.nccoastalma nanement, net revised: 02,26,18 Date Date Check From Name of Vendor Check Check Permit Rct. tt Received Deposited Permit Holder Number amount Number/Comments 10/19/2020 10/20/2020 John G Walker same FCB 4136 $250.00 major fee, 435 Hughes Rd, JD rct. Hampstead PnCo No Split 11758 Major Permit Fee Schedule 4- �13� Project Name: )'ID p�� County Check No &Amount: 2 S -I0 6 Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I. Private, noncommercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas II. Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% (so) of any wetlands or open water areas. III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: 111(A). Private. non-comme development, if General Water 100% ($250) 0% ($0) Certification No. 4175 can be III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 mould be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concems related to water quality or aquatic life: ur(D),IfGeneral Water Quality $400 (5240) 40%($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: DCM Coordinator: Curt Weychert County: [2,\) Circle o : Bio Re / Permit for: Oversize Plans sent: t t,. WIRO`` E-MAIL DISTRIBUTION SHEET }1J�lVl way✓ Permit #: " h DCM Offices: If(Morehead City PT (if oversize) via Cour er / 'cc Curt & Amanda on group email w/ bi _narrapp.drawings, deed, comment sheet 'MHC documents (Curt & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR twiro/ Re ommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: air (fender &Carteret Co): PN, CL, Reports, Split Sheet _ use both r%KilmingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ LL R PN, CL, Reports, Split Sheet_ Div of Water Resources: (BR/NH): PN, CL, Reports, Split Sheet _ 91ley Snider - 401 (PN/ON) PN, CL, Reports, Split Sheet Div of Water Resources: heri Montalvo for Karen HigginsPN, CL, Reports, Split Sheet Marine Fisheries: t.Kim Harding DCM PlannertWiRO: 06 Chnstenbury Cultural Resources: ,ytenee Gledhill -Earley Environmental Review(d)ncdenr.Qov Natural Heritage Prog. .Xodney Butler_ DCA-Rural Eco. Dev: Mdrk Ziegler NC DOT: >-Vavid Harris _ Wildlife Resources: Ci�/a Dunn w/Reports State Property Office: ,f im Walton: DEED_ ,fl4 e%M oser _ Wafida Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: 'Jpremy Humphrey (Bio) f aron Gupton, Admin. _ DEMLR: istine Hall - Stormwater Section _ m�an Sams - Land Quality Section Public Water Supply: % eidi Cox City of Wilmington: Jam_ }� Enforcement: 6teld Rep:�� Y� I Co. LPO V Agent: DISTRIBUTED: tU >1 w .I--Vf Updated 10101120 CAMA/Shaun ma/ors docs/e'Agency List