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HomeMy WebLinkAbout110-20 York, James & TammyPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 110-20 Issued to James & Tammy York, 204 Leonard Road, Pilot Mountain, NC 27041 Authorizing development in Brunswick County, adi. to manmade canal off AIWW, at 407 61 Street, in Sunset Beach , as requested in the permittee's application dated 7/12/20. including attached workplan drawings (3) Sheets 2 and 2a of 3 both dated 7/9/20 and Sheet 3 of 3. dated 7/12/20. This permit, issued on November 12, 2020 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may )e suolect to tines, imprisonment or crvtt action; or may cause me perms to De nun anu vow. Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan , drawings. 2) No backfill material shall be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 3) The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. 4) No vegetated wetlands shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20), days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the, permit expires. on December 31, 2023 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. .3- 0 'A 24 Signature of Permittee James & Tammy York Permit No. 110-20 Page 2 of 3. ADDITIONAL CONDITIONS 5) No open water shall be excavated or filled, even temporarily. 6) All fill material to be placed below normal high-water level shall be confined behind the permitted bulkhead. 7) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 8) The bulkhead shall be constructed prior to any backfilling activities 9) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 10) All backfill material shall be clean and free of any pollutants except in trace quantities. 11') The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. Sedimentation and Erosion Control 12) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 13) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. General 14) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 16) All debris associated with this development shall be contained within the authorized project area and removed to an appropriate upland refuse disposal site. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities' are not authorized within 30 feet of the normal high water level. A DECEIVED DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: James and Tammy York PROJECT NAME: 407 6'h Street COUNTY: Brunswick LOCATION OF PROJECT: 407 0 Street, Adj to manmade canaJ/AIWW, Sunset Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-6-20 FIELD RECOMMENDATION: Attached: Yes FIELD REPRESENTATIVE: Brock To Be Forwarded: N/A AUG 2I 2020 DCM-MHD CITY DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: UAAM- I B) DATE RECEIVED BY MAJOR PERMITS UNIT: -u"ZQ FEE REC'D: $400 (60/40)04050 APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 8-26-20 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 10-20-20 HOLDS: MAIL OUT DATE: 8-21-20 PERMIT FINAL ACTION: ISSUE DENY END OF NOTICE DATE: 9-16-20 DEED REC'D: Yes 150 DAY DEADLINE: STATE DUE DATE: 9-16-20 AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM - Field Rep DCM - LUP Consistency Determination q�_Zb Local Permit Officer Corps of Engineers - Regulatory Branch -jam �O%L1/0 4vP DWR-401 Section DWR-Public Water Supply 8 -� DEMLR-Stormwater vo - DEMLR - Sed and Erosion A , 10, DOA- State Property Office I -Z u, Wildlife Resources Commission DMF- ShellfishSection �- 1 - I DMF - Habitat & Enhancement DNCR - Archives & History DNCR -Natural Heritage Program NCDOT NC Dept of Commerce g- II Recommendations for State Permit- York Private Bulkhead It is the staff's recommendation that the applicant's proposal to install approximately 50 linear feet of bulkhead with approximately 100 f of Coastal Wetland fill water ward of the existing deteriorating bulkhead is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15 NCAC 7H.0208 (b)(7) Use Standards for Bulkheads, as the applicant has made efforts to minimise impacts to any adjacent resources. It would seem that removal of the existing dilapidated bulkhead and construction of the new bulkhead on the landward side of coastal wetlands would present a greater environmental risk with potential erosion and washout during the construction process as well as pose a possible threat to the foundation of the existing house structure. RECEIVED AUG 21 2020 r,CM-MHD CITY ROY COOPER f� 7 �'iIt'c'i111H' MICHAEL S. REGAN ii,"vert BRAXTON DAVIS _ �lumpnG '>pYn,ntl ui r'euvRl , 1[nAlgddtfl August21, 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(&NCDENR gov SUBJECT: CAMA/Dredge&Fill Applicant: James and Tammy York Project Location: 407 6" St., adjacent to a manmade canaUAJWW, Sunset Beach, Brunswick_ County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: %y 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 M 01 V- e, I ti 1 AGENCY N C )) 2� i, 0 7 Co rh m g-,e , SIGNATURE '-, Q' RECEIVED IV DATE S Z AUG 215.MO SAP SECTKMI DCM - MHD CITY Stall of North Carolina I Environmeaml Quality i Coastal Monallement 127 Cardinal Dri%v Ext., Wilmington, NC 28405 9197967215 ROY COOPER Governor a R m y= MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Dimclor, Drvlst000fCoasml E'nwi nlnterrml 01o1n7. Management, August 21, 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).NCDENR. goy SUBJECT: CAMA /Dredge & Fill Applicant: James and Tammy York Project Location: 407 6t6 St., adjacent to a manmade canal/AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested, REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NCDMF/Shellfish Sanitation SIGNATUREQur �t�,�ac� for Shannon Jenkins DATE 8/24/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 RECEIVED AUG 2 4 2020 MP SECTION DCM - MHD CITY ROY COOPER Gm,ernar MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Direcior, Division ofC'aasial 8rn"tn:mnm+trB Onolitp Mmsagement August 21, 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(a)N CDENR. gov SUBJECT: CAMA/Dredge & Fill Applicant: James and Tammy York Project Location: 407 6m St., adjacent to a manmade canal/AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 stiff of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE , ' 4,4 RECEIVED DATE 8-27-20 AU6 2 7, 2W MP SEC 10N State of North Carolina I Environmental Quality I Coastal Management DCM - MHD CM 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 .•o..� ROY COOPER � Governor MICHAEL S. REGAN r Sec gory a"an� BRAXTON DAVIS NORTH CAROLINA Director, Drvivion of Coastal £m'irwtrnerra(Gtniltp Management August 21, 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 (Courier11-12-09) curt.wevehert(a)NCDEN R.00v SUBJECT: CAMA/Dredge & Fill Applicant: James and Tammy York Project Location: 407 6tn St., adjacent to a manmade canal/AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Dan Sams AGENCY DEMLR SIGNATURE 6aniefj. RECEIVED DATE Sept 10, 2020 5EP 10 2020 MPSECTION� State of North Carolina I Environmental Quality I Coastal Management DCM - MHD CI I t / 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ROY COOPER Governor MICHAEL S. RESGAN ,,.• wrewy BRAXTON DAVIS NORTH GAROUNA Director, Dmistorr of Coastal E1117 arnaev6sf O'WhIr Management August 21, 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. WeycherKZDNCDENR.gov SUBJECT: CAMA /Dredge & Fill Applicant: James and Tammy York Project Location: 407 61h St., adjacent to a manmade cana11AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE DATE' 09/15/2020 RECEIVED SEP 16 2020 State ofNoA Carolina I Enviranmenwl Quality I Coastal Management '� nI $ fic oN 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ^'P S,ECTIO{� a DCM - MHD CITY ti ROY COOPER Governor MICHAEL S. REGAN Serretory STEPHEN W.MURPHEY Director MEMORANDUM: TO: Curt Weychert, Assistant Major Permits Coordinator FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist SUBJECT: CAMA / Dredge & Fill- York bulkhead replacement, Sunset Beach, Brunswick County DATE: September 15, 2020 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant proposes to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 ft2 of Coastal Wetlands. he proposed project is located at 407 6th St., Sunset Beach, Brunswick County. The proposed project site sits on a manmade canal. Existing structures on the .13-acre property include a multistory house, a docking facility, and a deteriorating bulkhead. High ground is located approximately 8' above normal high water (NHW) and primarily consists of landscaping stone, domestic grasses, and ornamental shrubs. Smooth Cordgrass (Sparina alternaflora) grows along the entire length of the existing bulkhead and extends approximately 15' water ward. The waters of the Sunset Beach canals are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the June 2020 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) on site. The project area has vegetated coastal wetlands along the bulkhead. Coastal wetlands are considered among the most productive ecosystems in the world. Coastal wetlands are a productive detritus based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion control. An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent. Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of prey species as well. Wetlands can enhance foraging functions of adjacent habitats, which is why primary (PNA) RECEIVED Nothing Compares-.-. - SEP 16 1010 State of North Carolina I Division of Marine Fisheries 3441 Arendell Street I BO. Box 769 I Morehead City, North Carolina 28557 MP evECTIO,, 252-n6--ro21 DCM - MHD CITY .r and secondary (SNA) nursery habitats are closely linked with coastal wetlands. In addition, these wetlands are important to waterfowl feeding and nesting activities. The proposed bulkhead would step out an average of 2' water ward of the existing bulkhead, resulting in the filling of approximately 100 ft2 of Coastal Wetlands below NHW. Clean sandy loam would be used as backfill material and result in approximately 700 ft2 of high ground disturbance. Since the bulkhead will be placed 2' waterward from the existing bulkhead this agency does not object to this project. Contact Kimberlee Harding at or Kimberlee.Harding0ricderingov with further questions or concerns. RECEIVED SEP 15.2020 MP SECTION /"Nothing Compares.�. DCM - MHD CITY State of North Carolina I Division of Marine Fisheries 3441 Arendell Street; P.O. Box 7691 Morehead City. North Carolina 28557 252-726-7021 Received: 9/10/2020 HGoeservation Office NORTH CAROLINA Environmental Quality August 21, 2020 MEMORANDUM: ER 20-1862 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(oD. NCDEN R.aov SUBJECT: CAMA/Dredge & Fill ROY COOPER Governor MICHAEL S. REGAN .Secretary BRAXTON DAVIS Director, Division ofConsml Management Due: 9/18/2020 A -- Applicant: James and Tammy York Project Location: 407 61 St., adjacent to a manmade canal/AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. 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 September f k 202Q If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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. PRINTNAME Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office RECEIVED 09/18/2020 SEP 181020 MP SECTION/ State of North Carolina I Environmental Quality I Coastal Management DCM-MHD CITY 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 107 Mrs. To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, James and Tammy York, Sunset Beach, Brunswick County Date: September 24, 2020 Consistency Determination: This project is consistent with the Sunset Beach Land Use Plan Update. The applicant proposes to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead; resulting in the filling of approximately 100 sq. ft. of Coastal Wetlands. The project is located at 407 6`h Street in Sunset Beach, Brunswick County. Areas of Environmental Concern ('AEC's) impacted by the proposal are ES, and C W. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Sunset Beach Land Use Plan and offer the following comments. The general area of the project is classified Residential. In general, the Town of Sunset Beach allows development in Residential classified AECs which is consistent with the State's minimum use standards. The Town of Sunset Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. Provided all local, state and federal requirements can be met, this project appears to be consistent with the Town of Sunset Beach Land Use Plan. Cc: File RECEIVED SEP 2 41010 MP SECTION DCM - MHD CITY ROY COOPER a MICHAEL S. REGAN Sen01r.1 BRAXTON DAVIS `n :^ •'1�+t v, Dimw,. Unwun of Coastal „ Monugrmem August 21, 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(aNCDENR.gov SUBJECT: CAMA/Dredge & Fill Applicant: James and Tammy York Project Location: 407 60 St., adjacent to a manmade canal/AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by September -6, 2620; If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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 6 are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME UJ &AL & AGENCY 6AL;t:lL' P&4ja4Cq SIGNATURE W `%1-ur'1r'L DATE q�24'aD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Fit, Wilmington, NC 28405 919 796 7215 Roy Cooper, Governor North Carolina Department of Administration State Property Office September 24, 2020 TO: Curt Weychert, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 FROM: Wanda Hilliard Real Property Agent Department of Administration Machelle Sanders Secretary SUBJECT: CAMA / APPLICATION REVIEW James and Tammy York RE: 407 6s' St. adjacent to a manmade canal/AI W W, Sunset Beach, Brunswick County Tim Walton Director Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not, then the State Property Office has no comment on the proposed project. Thank you. State of North Carolina I State Property Office 116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Palelgh,NC27699 9198074650 TI Web: http://www.ncspo.com ROY COOPER a G emar MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Dire,,,, Divixiurr ufC'oarraf f m'iet...nerrtal 01win) Monegan,cm August 21, 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) cu rt.wevchert(a)NCDENR.gov SUBJECT: CAMA/Dredge & Fill Applicant: James and Tammy York Project Location: 407 6fh St., adjacent to a manmade canal/AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: PRINT AGENCY 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. Shannon Jenkins NCDMF/Shellfish Sanitation SIGNATURE &"t'- for Shannon Jenkins DATE 8/24/2020 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 DocuSign Envelope ID: E3828CFE-04B8-4F89-9CCD-5E4DCC65E57" ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 2, 2020 DWR # 2020-1080 Brunswick County James and Tammy York 204 Leonard Road Pilot Mountain, NC 270416 Subject: No Written Approval Required 407 611 Street —Sunset Beach Dear Mr. and Mrs. York: The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request dated received by this office on August 21, 2020. The application proposes to construct a new bulkhead waterward of existing bulkhead. As proposed the bulkhead would impact approximately 100 square feet of coastal wetlands. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.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. �/_�^u n North Carolina Department of Environmental Quality l Division of Water Resources V _ E ��® Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 NUMB rl.R UNA 910.796.7215 DocuSign Envelope ID: E3B28CFE-D4BB-4F89-9CCD-5E4DCC65E57A ti Mailing address for the OAH: if sending via US Postal Service: Office, of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 DWR # 2020-1080. October 2, 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 and 15A NCAC 02H .0500. Please contact Robb Mairs at 910-796-7303 or Robb.Mairs( ncdenr.aov if you have any questions or concerns. Sincerely, 1000usieoea by: 1-re.'tW.miwtoti for 7141E73BU3458... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Debbie Wilson • Consulting, EC DWR 401 & Buffer Permitting Branch file-LF WiRO 11 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-01469 County: Brunswick County U.S.G.S. Quad: Little River GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Size (acres) Nearest Waterway USGS HUC Location description: James York 204 Leonard Road Pilot Mountain, NC 27041 Jinks Creek 03040208 Nearest Town Sunset Beach River Basin Lower Pee Dee Coordinates Latitude:33.872 Longitude:-78.5032 Description of project area and activity: The proposal is to replace 50 linear feet of bulkhead immediately waterward (average of 2 feet waterward) of an existing deteriorated bulkhead This bulkhead replacement will permanently fill 100 square feet of coastal wetlands. Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344) ❑ Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Nationwide Permit Number: 3 SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached permit application and drawings dated July 9, 2020. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523 1151 or at GregoryE Currey(i�usace army mil. RECEIV�E� NOV OI MP SECTION DCM - MHD CITY CURREY.GREG ORY.EUGENE.1 Corps Regulatory Official: 051011950 Date: November 6, 2020 Expiration Date of Verification: Digitally signed by CURREY.GREGORY.EUGEN E.1051011950 Date: 2020,11.0612:21:24 -05'00 March 18, 2022 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action, under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEI�VE� NOV 0X2020 MP SECTION DCM - MHD CITY In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by it is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. E GREGORYEUGENEI Digitally signed by Corps Regulatory Official: BURRI CURREY.GREGORY.EUGENE.1051011950 051011950 DaW 2020.11.0612R2:17-05'00' Gregory Currey Date of JD: Expiration Date of JD: The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at http://corpsmapu.usace.army.mil/cm apex/f?n=136*0. Copies furnished by email: Debbie Wilson (Debbie Wilson Consulting) Curt Weychert (NC DCM) Brendan Brock (NC DCM) Robb Mairs (NC DWR) RECEIVED NOV O4g MP SECTION DCM - MHD CITY Ea Action ID Number: SAW-2020-01469 Permittee: James York County: Brunswick County Project Name: 407 6th Street/James and Tammy York Bulkhead Replacement Date Verification Issued: November 6, 2020 Project Manager: Gregory Currey Upon completion of the activity authorized by this permit and any mitigation required by the permit, sign this certification and return it to the following address: US ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Attn: Gregory Currey Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of Engineers representative. Failure to comply with any terms or conditions of this authorization may result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I administrative penalty, or initiating other appropriate legal action. I hereby certify that the work authorized by the above referenced permit has been completed in accordance with the terms and condition of the said permit, and required mitigation was completed in accordance with the permit conditions. Signature of Permittee Date RECEIdI;�D Nov �2 MN SECTION DCM - MHD CITY DocuSign Envelope ID: E3B28CFE-D4B8-4F89-9CCD-5E4DCC65E57^ ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 2, 2020 DWR # 2020-1080 Brunswick County James and Tammy York 204 Leonard Road Pilot Mountain, NC 270416 Subject: No Written Approval Required 407 Sth Street —Sunset Beach Dear Mr. and Mrs. York: The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request dated received by this office on August 21, 2020. The application proposes to construct a new bulkhead waterward of existing bulkhead. As proposed the bulkhead would impact approximately 100 square feet of coastal wetlands. DWR, issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.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. North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405 xoti• omsunawmemam�omp 910.796.7215 DocuSign Envelope ID: E3B28CFE-D4B8-4F89-9CCD-5E4DCC65E57A Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 DWR # 2020-1080 October 2, 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 and 15A NCAC 02H .0500. Please contact Robb Mairs at 910-796-7303 or Robb. Mairs(a)ncdenr.aov if you have any questions or concerns. Sincerely CDacuSignetl by: To,a 'tMo�10.�to� for ]F141E]BB6F3466... Morelia Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Debbie Wilson Consulting, EC DWR 401 & Buffer Permitting Branch file-LF WiRO .. ROY COOPER s, MICHAEL S. REGAN .a:z„n.;i BRAXTON DAVIS August 21, 2020 -zgz5m, � MEMORANDUM.' oSL� �r0 m AUG 2020 6 RECEIVED FROM: Curt Weychert, Assistant Major Permits Coordinator Lo NCDEQ - Division of Coastal Management C22� w 400 Commerce Avenue, Morehead City, NC 28557 p curt252-247-33 0 (Courier 1-12 09) SUBJECT: CAMA/Dredge & Fill Applicant: James and Tammy york Project Location: 407 61h St., adjacent to a manmade canaLWINW, sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgfi of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 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" VThis 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_4e-n�T :J MA AGENCY NCnJSLC— SIGNATURE DATE 1'2'7020 State dhbnb Camlme I Envimnmmtal Quality I COd W M—g—mt 127 CaWinal RiwErt,Wirning", NC 28QS 9197967215 ROY COOPER Gavernor MICHAEL S. REGAN Secmlary BRAXTON DAVIS Director, Dwaum of Cairo& Management August 21, 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(a)NCDENR.gov SUBJECT: CAMA /Dredge & Fill Applicant: James and Tammy York Project Location: 407 6t1 St., adjacent to a manmade canal/AIWW, Sunset Beach, Brunswick County Proposed Project: Proposal to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 sgft of Coastal Wetlands. 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 September 16, 2020. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in- depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. *"Additional comments may be attached" This agency has no comment on the proposed project. PRINT AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. DECEIVED AUG 21 2020 State of North Carolina I Environmental Quality i Coastal Management 127 Cardinal Dore Ext., Wilmington, NC 28405 9197%7215 DCM-MHD CITY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: James & Tammy York PROJECT NAME: York Private Bulkhead 2. LOCATION OF PROJECT SITE: The project site is located at 407 6a' St., Sunset Beach, North Carolina. Coordinates: Latitude N 33052'19.32" Longitude W 78030'l1.97" 3. INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 6-9-2020 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 8-6-20 Application Complete — 8-6-20 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Town of Sunset Beach Land Classification From LUP — Residential (B) AEC(s) Involved: ES, CW (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single family residence, bulkhead Planned - Replace the existing bulkhead (G) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OT14PP (A) Uplands N/A N/A 700 ft2 (Disturbed) (B) Vegetated Wetlands N/A 100 ft, N/A (C) Open Water N/A N/A 100 ft, (D) Total Area Disturbed: 800 fl (.01 acres) (E) Primary Nursery Area: No (F) Water Classification: SA; HQW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 ft2 of Coastal Wetlands. RECEIVED AUG 21 2020 DCM-MHD CITY York Private Bulkhead August 14, 2020 9. PROJECT DESCRIPTION The proposed project is located at 407 6s' St., Sunset Beach, Brunswick County The property can be reached from Wilmington by traveling south on NC HWY 17 towards South Carolina. Continue 35 miles south on NC HWY 17 and make a left turn onto Seaside Road SW. Drive south Seaside Road SW for 3.5 miles and take a right onto Sunset Blvd N for 2 miles. At the round -about, take the first right and continue over the bridge. Take the first left onto East North Shore Dr. and continue until 6 h St. is on the right. The property will be on the left at 407 6a' St. The proposed project site sits on a manmade canal. Existing structures on the .13-acre property include a multi- story house, a docking facility, and a deteriorating bulkhead. Based on DCM records, no previous permit history can be found for the construction of the existing bulkhead. The total length of the existing bulkhead measures 50 linear feet and is constructed with treated timber. Two sets of stairs are located 8' landward of the existing bulkhead and the house foundation is located 12' landward of the existing bulkhead (Sheet 2a of 3). High ground is located approximately 8' above normal high water (NHW) and primarily consists of landscaping stone, domestic grasses, and ornamental shrubs. Smooth Cordgrass (Sparina alfernaflora) grows along the entire length of the existing bulkhead and extends approximately 15' water ward. The waters of the Sunset Beach canals are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. Based on visual observations made by DCM staff during the June 2020 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) on site. PROPOSED PROJECT The applicant proposes to replace 50 linear feet of bulkhead immediately water ward of an existing bulkhead, resulting in the filling of approximately 100 ftz of Coastal Wetlands. According to the applicant, pressure exerted from the house has caused the current wooden bulkhead to bow out and compromise the integrity of the solider pilings. The proximity of the concrete slab and house pilings to the existing bulkhead make replacing the bulkhead in the same footprint a logistical challenge. The applicant states that a bulkhead failure while trying to replace in the same footprint could have much greater environmental impacts than stepping out the new bulkhead into Coastal Wetlands. The proposed bulkhead would step out an average distance of 2' water ward of the existing bulkhead, resulting in the filling of approximately 100 ft of Coastal Wetlands (Sheet 2 of 3). Vinyl installation would be conducted using a barge -mounted pile driver while high ground equipment would be limited to a skid steer and hand tools. Clean upland material would be used to backfill the tie -back system and would be contained on site via silt fence. High ground disturbance associated with grading and filling landward of the bulkhead would result in approximately 700 ft of disturbance. The proposed bulkhead would terminate with 8-10' wing walls, making the bulkhead structurally independent of the bulkheads to the north and south of the property. 10. ANTICIPATED IMPACTS The proposed bulkhead would step out an average of 2' water ward of the existing bulkhead, resulting in the filling of approximately 100 ft of Coastal Wetlands below NHW. Clean sandy loam would be used as backfill material and result in approximately 700 ftZ of high ground disturbance. Increased turbidity levels shdQ130EIVED expected during project activity. Submitted by: Brendan Brock Date: August 14, 2020 Office: Wilmingt XbG 21 2020 r'�M1�-MHD CITY Narrative As the acting agent for James York who owns 407 61 Street, Sunset Beach, in Brunswick County, I am submitting the enclosed CAMA Major Permit Application for the installation of a new vinyl bulkhead. As proposed, the new vinyl bulkhead would be installed 2' waterward of the existing failing wooden bulkhead even though there are Coastal Wetlands in front of and up to the existing bulkhead. The existing bulkhead is 8' in height above the substrate and is located only 12' from the foundation of the existing dwelling and only 8' from the existing stairs leading to the 2°d floor which flank both sides of the dwelling, thus extremely restricting the work area between the existing bulkhead and the dwelling. The existing 8' tall bulkhead is already bowing out toward the canal and the foundation slab of the dwelling is also elevated an additional 1 to 2 feet above the top cap of the bulkhead. As such, this has created a tremendous amount of pressure on the failing bulkhead which prevents the removal of the existing bulkhead in order to replace a new bulkhead in the same location without a huge potential for the foundation of the dwelling to have a catastrophic failure. Due to these conditions we are requesting and it is extremely important that the existing bulkhead to remain in place and the new bulkhead to be installed 2' waterward even though there are Coastal Wetlands (primarily Spartinia alternaflora) right up to the existing bulkhead. The loss of approx. 100 sq. ft. of Coastal Wetlands would have a much less environmental impact than the potential catastrophic failure of the foundation of dwelling. Please feel free to contact me if you have any questions. Thank you. RECEIVED AUG 21 2020 DCM-MHD CITY RECEIVED AUG 6 6 202u DCM WILMINGTON, NC ®011 UP-1 APPLICATION for Major Development Permit flast revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT f. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name James York Applicant 2: First Name MI Last Name Tammy York If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 204 Leonard Road Pilot Mountain NC ZIP Country Phone No. FAX No. 27041 USA 336- 407- 2292 ex` Street Address (if different from above) City State ZIP Email JYork@petroleumtransport.com Z Agent(Contractorinformatlon Business Name Agent) Contractor 1: First Name MI Last Name .Debbie D Wilson Agent) Contractor 2: First Name MI Last Name Mailing Address PO Box City State 16275 Wilmington NC ZIP Phone No.I Phone No. 2 28408 910.612 0402 ext. Q9CEI FAX No. Contractor # AUG 21 Street Address (fidrlfarent from above) City State ZIP DCM-MHD Email RECEIVED debbiew75 charter.net AUG 6 2020 <Fortn continues on back> 0CM WILMINGTON, NC °D 020 CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # Brunswick 407 6th Street Subdivision Name City State Zip Sunset Beach NC 28468 Phone No. Lot No.(s) (if many, attach additional page with lisp 336 - 407 - 2292 ext. L-30 a. In which NC dyer basin is the project located? b. Name of body of water nearest to proposed project Lumber Man-made canal offAIWW c. Is the water body identified in (b) above, natural or manmade? it. Name the clQsQat major water body to the proposed project site. ❑Natural ®Manmade [:)Unknown J` AIVWV e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ®yes []No work halls within. Sunset Beach 4. Site Description a. Total length of shoreline on the tract (fL) b. Size of entire tract (sq.ft.) 50' 5 250 c. Size of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (Kmany lot sizes. please attach additional page with a list) 8, ®NHW or ❑NWL e. Vegetation on tract Ornamental landscaping and lawn grasses. f. Man-made features and uses now on tract Single family residence, bulkhead, private pier and floating dock. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) BR-2 ®Vas ❑No ❑NA REC j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ®No ❑NA AUG If yes, by whom? OCM I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED AUG 6 2020 PCM WILMINGTON, NC IVED 12020 D CITy Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes ®No (ii) Are there coastal wetlands on the site? ®Yes ONO (III) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) See site plan n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. Municipal P. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑commercial ❑Public/Govemment ®Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residential use. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where @ is to be stored. Typical marine construction with a pile driver. d. List all development activities you propose. Installation of new vinyl bulkhead and clean backfill of bulkhead. e. Are the proposed activities maintenance of an existing project, new work, or both? New T. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres Approx. 700 g. Will the proposed project encroach on any public easement, public accessway or other area Oyes ®No ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. None RECEI I. Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No ❑NA If yes. will this discharged water be of the same salinity as the receiving water? ❑Yes ONO ❑NA j. Is there any mitigation proposed? Elves No ❑NA If yes, attach a mitigation proposal. <Form continues on back> AUG 6 2i1 ED f020 CITY DCM WILMI GT ODCM MP-4 Structures Information Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additionallnformation In addition to this completed application form, (MP-1) the following items below. if applicable, must be submitted in order for the application package to be complete. Items (a) - (p are always applicable to any major development application. Please consult the application instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. a. The appropriate application fee. Check or money order made payable to DEW, I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Meletis at Sunset, LLC Go Ann Meletis Phone No. Address 222 French Belk Road, Mount Ulla, NC 28125-7614 Name Frances Slapak Phone No. Address 3090 Coleman Ct., Rock Hill, SC 29732-8072 Name Phone No. Address Fofs state or federal permits issued for work on the project tract. Include permit numbers. permittee. and issuing dates.dnt or agent authorization form, if applicable. tion, if necessary. I. 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 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. Icertify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 7j12/20 Print Name Debbie Wilson, Agent RECEIVED Signature _+9j4� Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information []DCM MP-5 Bridges and Culverts CDCM MP-3 Upland Development aECF.1V�D AUG 21 2020 DCM-MHD CITY AUG 6 TO ToN, NC pG� Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW) Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL Breakwater shoreline stabilization Length Width Avg. Existing Depth NA NA Final Project Depth NA NA 1. EXCAVATION ($This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. c. (i) Does the area to be excavated Include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS _ OWL ❑None (if) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 12. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable a. Location of disposal area. b. Dimensions of disposal area. o. () Do you claim title to disposal area? ❑Yes ONO ❑NA (if) If no. attach a letter granting permission from the owner d. () Will a disposal area be available for future maintenance? ❑Yes ONO ❑NA (1l) If yes, where? RECEIVED e. (I) Does the disposal area include any coastal wetlands/marsh f. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. ❑CW ❑SAV ❑SB OVYIL ❑None (ii) Describe the purpose of disposal in these areas: (i) toes the disposal include any area in the water? ❑Yes ONO ❑NA AUG 21 2020 ()I) If yes, how much water area is affected? DCM-MHD CITY PSG _ 61Uti� _�nNrwo 3. SHORELINE STABILIZATION ❑This section not applicable (if development is a wood groin, use MP-4 - Structures) a. Type of shoreline stabilization: b. Length: 50' 010' wingwalls u raw L.roleUKWUW/bla LJUther: _ C. Average distance waterward o NHW r NWL: e. Type of stabilization material Vinvl g. Number of square feet of fill to be placed below water level. Bulkhead backfill toosq.ft. Ripmp _ Breakwater/Sill_ Other_ i. Source of fill material. Upland sand oh. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) a. (I) Wilt fill material be brought to the site? ❑Yes []No ❑NA If yes, (ii) Amount of material to be placed in the water _ (iii) Dimensions of fill area _ (iv) Purpose of fill 15. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? Sift Fence c. (I) Will navigational aids be required as a result of the project? []Yes ❑Nc ®NA (11) If yes, explain what type and how they will be implemented. 7/12/20 Date York Project Name Width: 1' d. Maximum distancewaterward o NHW or NWL: f (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ®No ❑NA (it) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean sand ®This section not applicable D. (i) Will fill material be placed in coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SIB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected, ❑CW _ ❑SAV _ ❑SB _ ❑WL _ []None (it) Describe the purpose of the fill in these areas: b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Backhoe or skid steer or barge mounted Pile driver. d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes ®No ❑NA (ii) If yes, explain steps that will be taken to avoid o�'MTLgy-pIVED environmental impacts AUG e�ee21 201200 James and Tammy York ) —MH C� 1 Applicant Name ` �® (Agent) aSC �iV f' Applicant Signature S014 ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Ohecmr SENT VIA EMAIL Debbie Wilson Consulting c/o Debbie Wilson PO Box 16275 Wihnington, NC 28408 NORTH CAROLINA Environmental Quality August 14, 2020 SENT VIA EMAIL RE: CAMA Major Development Permit Application York Private Bulkhead Dear Ms. Wilson: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for the replacement of a failing bulkhead located at 407 6" St, Sunset Beach, Brunswick County, NC. It was received complete on August 6", 2020 and appears to be adequate for processing at this time. The projected deadline for making a decision is October 20", 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 August 64, 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-I 19(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sinc 1 B� n an rock Field Representative cc: Curt Weychert, MHC Stanley Dills, LPO WIRO DCM USACOE Robb Mairs, DWR James & Tammy York, Applicants D Q�� North Carolina Department of Environmenmi Quaaty Division of Coastal Management Wilmington Office 127 cardinal Drive Extrnslon I Wilmington. North Carolina 284o5 910.796.7215 RECEIVED AUG 21 2020 I)CM-MHD CITY NOTI(V"O'*107A CAMA PE MIT APPLIED PROJECT: A licant roposes to re F RE lace 50 linear feet WMENTS ACCEPTED THROUGH September 76 2020 ,ANT: m & Tammy York .eonard Road o , t: Debbie Wilson m (910) 612-0402 3: e M FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICE= F=i BELOW ROY COOPER (fiw•mw MICHAEL S. REGAN Secmmn BRAXTON DAVIS Ormcror. l)1einno ofCwxlal Mange." August 21, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice in Brunswick County • James and Tammy York • Robert and Ann Wyker Hello Angie: Please publish the attached Notice in the Wednesday, August 26, 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. 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. 'iatila Support & Customer Assistance cc: MHC — Curt Weychert WIRO File USACE RECEIVED State of North Carolina I Fmironmenml Quality I Coa" Management AUG 21 2020 127Cardinal Drive Fit., Wilmington, NC 2"05 9197967215 nCM-MHD CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the LAMA: On August 14, 2020, fames & Tammy York proposed to replace 50 linear feet of bulkhead with associated coastal wetland fill at 407 611 St., adjacent to a manmade canaUAIWW, in Sunset Beach, Brunswick County; and on August 13, 2020, Robert & Ann Wyker proposed to replace 1521inear feet of bulkhead with associated joint f i of 404 coastal wetlands at 1031 Tide Ridge Dr., adjacent to the AIWW, in Holden Beach, Brunswick County. A copy of the application can be examined or copied at the office of Brendan Brock, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, 910-796-7270 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to September 16, 2020 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED AUG 21 2020 F)CfM-IMHD CITY AGENT At3T}10Rt4AT(Q"_FOR„CA.1lA_PERMIT APPLICATION Name of Property Owner Requesting Permit T)qlKee} Mailing Address: () L 'e, Uwm'-V4 r me Number: Email Address: 336- V07 -zzgz I certify that I have authorized Debbie Wilson Agent i Centractcr to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development /¢G�l k Led at my property located at f 0 C. n gt%A W i C44CA County. l furthermore certify that l am authorized to grant, and do in fact grant permission to Division of Coastal Management staff. the Local Permit Officer and their agents to efV* on the aforementioned lands in connection with evaluating information related to this permit application. Owner Information: E or Tyfie Name --� &UA/ tet- 5 _ Title _ Date This certification is valid through __7 1 ! 2 0 Zl DECEIVED AUG 21 2020 DCM-MHD CITY RECEIVED AUG G 6 DCM WILMINGTON, NC Debbie Wilson Consulting debbiew75@charter.net (910) 612-0402 Certified Mail — Return Receipt Requested # 7019 2280 0001 7428 3341 July 12, 2020 Meletis at Sunset clo Ann Meletis 222 French Belk Road Mount Ulla, NC 28125-7614 Dear Ms. Meletis; I am the acting agent for James and Tammy York who are applying for a CAMA Major Permit to install a new vinyl bulkhead, located at 407 601 Street, Sunset Beach, adjacent to a man-made canal in Brunswick County, North Carolina. The specifics of the proposed work are in the enclosed application fors and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify YOU of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Tara MacPherson, District Manager, NC Division of Coastal Management,127 Cardinal Drive Ext., Wilmington, NC 28405 within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (910) 612-0402, or e-mail me at: debbiew75@charter.net. Sincerely, J Debbie Wilson, Agent Enclosures RECEIVED AUG 21 2020 DCM-MHD CITY RECEIVED AUG 0 6 200 DCM WILMINGTON, NC Debbie Wilson Consulting debbiewt5@chai-tei-.net (910) 612-0402 Certified Mail — Return Receipt Requested # 7019 2280 0001 7428 3358 July 12, 2020 Frances Slapak 3090 Coleman Ct. Rock Hill, SC 29732-8072 Dear Ms. Slapak; I am the acting agent for James and Tammy York who are applying for a CAMA Major Permit to install a new vinyl bulkhead, located at 407 61' Street, Sunset Beach, adjacent to a man-made canal in Brunswick County, North Carolina. The specifics of the proposed work are in the enclosed application forms and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments to Tara MacPherson, District Manager, NC Division of Coastal Management,127 Cardinal Drive Ext., Wilmington, NC 28405 within 30 days of your receipt of this notice. Such comments will be considered by the Department in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at (910) 612-0402, or e-mail me at: debbiew75@charter.net. Sincerely, Debbie Wilson, Agent Enclosures RECEIVED AUG 21 2020 DCM-MHD CITY RECEIVED AUG 0 6 2020 DCM WU 1iNCTON, NC ■ 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. 1. Article Addressed fo: -- --- Frances Slapak 3090 Coleman Ct. Rock Hill, SC 29732,8072 11111111111111111111111111111111111111111111 9590 9402 5592 9274 3873 42 9Rer��arefifidmay7gE lebelf — 7019 2280 0001 7428 3358 PS Fond 3811, July 2015 PSN 7530 MDO-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. Is Attach this card to the back of the mailpiel or on the front if space permits. 1. Article Addressed to Meletis at Sunset c/o Ann Meletis 222 French Belk Road Mount Ulla, NC 28125-7614 11111111111111111111111111111111111111111111 9590 9402 5592 9274 3873 35 2. Article. Number Taoslet'lmm serNce labell ...__ 7019 2280 0001 7428 3341 x �°��"` B. ReceNwd err yPnnr.n w....e, n y q�01T 0 Yft w h� No DCM WILMINGTON, NC AUG 0 6 2020 3. Service Type ❑ Adult Signature L7 Priorily Mail Express@ ❑Adult Signature ReelectedDa,vary ❑ cerdlled Mail® ❑ Registered Mell- e Deliv❑Rapivt¢rad Mail Reefrkted D ❑ Certified Mal Reatricted Delivery 0 Collect un Oalivery ry ❑ Receipt for Merchandise 11 Collect on Delivery Raalilicted Deivery U Signature Coafinnatio,— ❑ Ineurad Mail ❑ Signature Confirmed., 11 Insured at Rsatrioted Deivery Resticted Delivery D by Domestic Return Receipt D. Is Oeft Afj �nS1tnpLll@m 14' BYES, sr. DCM WILMINGTON, NC AUG 0 6 2020 o. aerylce type ❑ Prudty Mail Express® O Adult Signature D Registered Miurra ❑ Adult Signature Restricted Delivery ❑ Reastared Mail Restricted ❑ Cadlfled Mail® Delvery ❑ certified Mall Restricted Delivery ❑ Retum Recelpt for ❑ COI1M on DoWely Merchandise ❑ Collect tan Deaary Restricted Dellvary D signature Canflanatian•a ❑ Insured Mail ❑ Signature confirmation ❑ Insured Mail Restricted Da May Restricted Delivery RECEIVED AUG 212020 PS Form 3811, July M15 PSN 7530-02-000-9053 Domestic Return Receipt . DCM-rYI HD CITY 1 u..-....... ... „ 1 Previous Page Book:2885 Page:881 Next Page �IIIIIIIIU�IIIIIIIIII'II�II'lll�l�Il 82M P0881 Sore-2-�o RECEIVED Brunsuiek County, 11C Reglater of needs Page 1 of 3 arends R, Clem ans Register of Duds AUG 6 6 29210 e2-17-2609 15:06 Z9,eee grunsuiok Cowty, NC NC REVENUE STAMP $1200.00 (#159135) :1 W!Ltd91YdGTON, NC farce rzdacovied, NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel No. Prepared By: KARIN L. STANLEY LAW FIRM, PA Attorney at Law Brief Description for Index: Lot 30, Canal A, Sunset Beach THIS DEED, made this the _ day of February, 2009 between Mary S. Fakelmann and husband, Robert 3. Fakelmann as Grantor, to 3ames Johnson York and wife, Tammy Taylor York of 204 Leonard Rd., Pilot Mountain, NC 27041, party of the second part, hereinafter referred to as Grantees; WITNESSETH: THAT the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee, their heirs and assigns, in fee simple, all that certain lot or parcel of land situated in the Township of Shallotte, Brunswick County, North Carolina, and being more particularly described as follows: BEING ALL of Lot 30, Canal A, as shown on that certain survey pCEIVED thereof entitled Revision of Revision C, Eastern Portion of Sunset Beach, as shown and described on that certain survey plat there 21 2020 recorded in Map Cabinet 10, at Page 58 In the office of the Brunswick County, North Carolina Registry. UCM-MHD CITY -F-1 w—wi m rcwruca in D000< cu95, at rage 590, Brunswick County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all Privileges and appurtenances thereunto,belonging to the Grantee in fee simple. AND the Grantor does hereby covenant with Grantee that Grantor is seized of the premises In fee simple, that it has the right to convey the same In fee simple, that'title Is marketable and free and clear of all encumbrances, Previous Page Boak:2885 Page:881 Next Page Previous Page Book:2885 Page:882 Next Page 11111111111111111111111111111111 B?885 N Brunswick Cvaety, tic Rsydatcr ll pda and that Grantor will warrant and defend the title against the lav all persons whomsoever, except for the exceptions hereinafter sl Title to the property hereinabove described is subject to exceptions: 1. Rights of way and easements of record, if any. 2. Zoning and/or subdivision rules and regulations, if any. 3. Restrictive covenants of record, if any, 4. Ad valorem taxes for the year 2009 and subsequent yez IN WITNESS WHEREOF, the Grantor has hereunto set his hi and has caused this instrument to be signed in his name, the day above written. Mary S. Fakelmann (SEAL) obert 1. Fakelmann is STATE OF /J 3— COUNTY OF flu e-(�O,r certify that the following person(s) persc before me this day, and (mark [c] one box) / I have personal knowledge of the identity of the principal(s o I have seen satisfactory evidence of the principal's identity by a current state or federal identification with the princip photograph in the form of a valid Each acknowledging to me that he or she voluntarily signed the foregoing doc purposes stated therein and in the capacity Indicated. Principal's Nam Qpacity Mary S, Fakelmann Individually • c • : �7 C� • t5 c SEAL T JAIAM O SPINEU Notary Public, Notary Public of New J Commission uea My Commission Expires: RECEIVED AUG 0 6 Z020 RECEIVED DCM WILMINGTON, NC AUG 21 2020 1CM_MH® CITY Previous Page Book:2885 Page:883 Next Page Lill III 1111111 IIII IjIINl �we STATE of tI• 86 ; COUNTY OF I, �,! w '� '���� , certify that the following person(s) personally appeared before me this day, and (mark (0] one box) t5 I have personal knowledge of the Identity of the principal(s) n I have seen satisfactory evidence of the principal's identity, by a current state or federal identification with the principal's photograph in the form of a valid Each acknowledging to me that he or she voluntarily signed the foregoing document for the Purposes stated therein and in the capacity Indicated Prindpal's Name Capacity Robert ]. Fakelmann Individually Date: 0?-6 ^ Q SEAL .IAidFQ n SPINFt 11 Notary Public,_ Notary Public of New Jersey ommleslon Expires 8/17/2013 My Commission Expi • t u p to :yj RECEIVED AUG 0 6 2020 DCM VJ!Ll`.'!NC70N, NC Previous Page Book:2885 Page:884 Next Page Ilil jII II81 IIII I NIIIAIIB HII III B205 Poi Brunswick County. Reaister of Daeds To12t F.i: y CxS_Iv �� Cl:a Refund:------__.C4. nS -- ❑ PcrEl+Str ra:rront era �te5;h1 e 7 Dp„si`a:A cams'rs zrls venEe74y ry i.7,;f`JRIDtn $au.Go'r4' tr.' iC:! ,OUYitl (Jpace,lbrne This Line For Recorddrg Data) - -. Loan N MIN: 10016250002140490 DEED OF TRUST A$er recording pleats return to; AutTntst Book Final Documents Department [Name] (Attention) I Ill Cheater Ave, Suite 200, Mall Code: 01198-M01 [Strut Address] Cleveland, 01tio 4411"16 (City, state Zip Code] Parcel ID Number: 2560JM; PREPARM BY: AM TRUST BANK AND THE STANLEY LAW FIRM, PA DEF1NMONS Words used in multiple sections of this document are defined below and other words are defined i 13, I8, 20 and 21. Certain rules regarding the usage of words used in this document are also provide (A) "SeCarky Instrument" means this doctmrent, which is dated February Mh 2009, togedat to this document. HUSBAND AND 'Borrower" ) "Boowor" is JamJohnson York sad tvlfe llmmy 1Lybr York Harrower is the t Security Instrument. (C) "Leedee is First Rrunswlrk Mortgage, Ine- Iender is a corpontlon organized and e laws of The UsKod States of America. Lender's address is 2011-1 EOs Read, SW, Sup^ NC 21 (C-1.) The name of the Mortgage Broker is NIA. (D) "Trustee" is Karim L Stanley. (E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate unporau solely as a nominee for Lender and Lender's successors and assigns. MERS is the beneficiary and "r*Camlleaeuaif.. loaf owet HEM Modified r1tr Csupaaare saerrr, lac Ps4e 1 ear 13 1lfadtard Dr (:sspaaen 9ottrtt 1130tr nrntteanpllaY.weamaeoot 02M,'1'ke Ceoi RECEIVED AUG 21 2020 DCM-MHD CITY RECEIVED AUG 0 6 2020, C i.1 +rdi I�t:::C'rCiJ, NC Previous Page Book:2885 Page:885 Next Page IIIIII81H IIIIII I I I I 111101F1111I 828s5 Brrnsuick county, aysater of O.eds [eatrmeaL MERS is organized and existing under the laws of Delaware, and has an addre number of P.Q. Box 2026, Flint, MI 48501-202.6, tel. (899) 679-MERS. (F) "Note" means the promissory rtou signed by Borrower and dated February 16, 2009. 11 Borrower owes Leader Fopr Hundred SUbbeo 11housand Five Htmdred and 00/100t S41660 -00) Pius interest. Borrower has promised to pay this debt in regular PLyiodic Payments a in full not later than March 1, 2039. (G) "Property" means the property that is described below under the heading 'Transfer property" M "Loan" means the debt evidenced by the Note, plus intereu, any prepayment charges ant under the Note- and all sums duc under this Security Instrument, plus interest. (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower Riders are to be executed by Borrower (check box as applicable]: Adjustable Rate Rider ❑ Condominium Rider ® Sectmd 11 Balloon Rider ❑ Planned Unit Development Rider ❑ Biweekly 1-4 Family Rider ❑ Revocable Trust Rider ❑ Other(s) (specify) (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regult and administrative rules and orders (that have the effect of law) as well as all applicable Etna judicial opinions. X "CooumturWy Association Dues, Rea, and Assessments" means all does, fees, asset eharges that are imposed on Borrower or the Property by a condominium association, homeowm similar organization. (L) "Eleetronk Funds 1Yansfer" means any transfer of tunds, other than a transaction oril draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instr or magnetic tape so as w order, instruct, or authorize a financial institution to debit or credit an ac( includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, Iran telephone, wife transfers, and automated clearinghouse transfers. (M) "F.acrow Items" means those items that are described in Section 3. M "Miatxdane0as Proeeada" means any compensation, settlement, award of damages, or any third party (other than insurance proceeds paid under the coverages described in Section 5) to or destruction of, the Property; (ii) condemnation of other taking of all or any pact of the Property; in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value andior conditior (0) "MOrtgng• Insurance" mans insurance protecting t.ader against dnc nonpayment of, r Loan. (P) "Perindic Payment" mean the regularly whedulcd amount due for G) principal and it Note, plus 00 any amounts under Section 3 of this Security Instm,cm, (Q) "RBSPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 t implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from rim additional or successor legislation or regulation that governs the saute subject matter. As used ntrltMKP C•rotlaa Doerr Pf Itaq�ll•dc Famar—r•••te :N•oMroddk Nsc U•Ibrm lutr•meat s atoaur•a The compa••ee Sou.oe. t•e Pop 2 of 13 afedined by CanWlaare snare 143011 NM.t"attdl•neY••rtalV W GLkla,'1'be (Ab RECEIVED AUG 0 g /� ; I II 1 r dr w •.I Previous Page Book:2885 Page:886 RECEIV29Pegs AUG 0 6 2020 UIII IIII II III IIII I IIIIB1II III III IB B2885 Peep s � "110 .. !!','CTCN, NC arencla Brunswick County, K Register of Deeds page 3 of to Instrument. "RESPA" refers to all requirements and restrictions that arc imposed in regard to a "federally related mongtlge loan' even if the Loan does not qualify as a "federally related mortgage ban" under RESPA. (R) "Successor to Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Horrower's obligations larder the Note andor this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY The bdmcficiarp of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS. This Security Instrument secures W Leader: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfomwtxe of Borrower's covenants and agreements under this Security Instrument and the None. For this purpose, Horrower irrevocably grams and conveys to Trustee, 61 trust, with power of sale, the following described property located in the County [Type of Recording Jurisdiction] Sae Attached Ezhibk A which currently has the address of 407 6th Shut suuset Beach [City! (Street) North Carolina 28468 of Bmnmielt (Name of Recording Jurisdiction] [Zip Codc] ("Pmperty Address"): 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 casements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is rcfcnrd to in this Security Instrument as the "Property." Borrower understands and agrees that MERS Folds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MEWS (as nominee for bender and Lender's successors and assigns) has the right: W exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited in, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey, the Property and that the Property is unencumbered, except for encumbrances of rbeord. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURrIY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction m constitute a uniform security instrument covering real property. RECEIVED UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Frcrosr Items, Prepayment Charges, and We Charge, AUG 2 1 2020 Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Sechop�� Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, If any eheclt7 M—M H C CITY other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender NWtb ('amerce DeN of 7Yeat �Siagk Fwily--.F¢¢e1e M.dircddk Mac Uoirorm le�tr¢lowt �v�Fanm 30J1 tql 'rot 4ompuxstt son lac. Page 3 or 13 Modified by Camptla¢er Soarer 1430INC Q@dW Rae. 04M +errwx.comptiaaeyanKLtoar 02000, Ibe Complplou atamt, lot. 1 I,iCMsn Previous Page Book:2885 Page:887 Next Page RECEIVED AUG ° 6 2020 IIIIHI��8111111IIIINIIIINNI� B2885 POW ��-� set Brunasiick County, NCR Register of =theca papa 4 Of IB DC.9 WMAINGTON, NC ap unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in One or more of the following forms as selected by Lender. (a) cash; (b) money order; (c) certified check, bank cheep, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer: Payments arc donated received by Lender when received at the location designated in the Note or at such other location as may be designated by lender in accordance with the notice provisions in Soction 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has beached any covenant at agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the ban current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied w of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Itonower makes payment to bring the Loan cturent. If Borrower does not do so within a reasonable period of time, Lcndcr shall either apply such finds or return them to Borrower. if not applied earlier, such funds will be applied to the outstanding principal balance tinder the Now immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall he applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment front Borrower for a delinquent Periodic Payment which ineiudes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments. such excess may be applied to any late charges due. Voluntary prepayments shag be applied first to any prepayment charges and then as described in the Note. Arty application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments, 3. Pands for F.atraw Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for, (a) taxes sad assessments and other items which can anain priority over this Security Instrument as a lien or encumbrance an the Property; (h) leasebolt) payments Or ground rents on the Property, if any; (c) premiums for any and all insurance required by (..ender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lander in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 19. These items aft called "Escrow Items." At origination or at any time during the term of the Loan, Lefler may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender ail notices Of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Feuds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for why or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver. Borrower shalI pay directly, when and where payable, the amounts titre ebr any Bsoow Items for which payment of Funds has been waived by Lender and, if Lender require.%, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow items directly, pursuant b a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow hems at any Nttrlh Canpaa had oiltuaE-,giaaie Fame--Paoore MaMredd/e Mitt Uefrorm rotrrveeot Fonts 3e3!]/al MUM lNaaldled The Campaasre `,source, Inc Poe 4 of 13 MOdrkd by COmpamue Soarte 1430INC 01M Rn. "108 wrw''te.spWt°Cb°e'atom Oym lily Campiaaen $Osten, tar. 21403`70 ........�.... m,—_........ ,, sow...,_. Previous Page Book:2885 Page:888 Next Page RECEIVED WG 0 6 2020 II II IIiI °s M zs of cleDCM ;^�`M.:'::OTav, NC �1���1I11Ick col ntv. NC� egister os o : � P geMB of to nine by a notice given in accordance with Section 15 and upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may. at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) rat to exceed the maximum amount a lender can require under RESPA. Lender shag 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 we insured by a federal agency, instrumentality, or entity (including Leader, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings ort fie Funds. Borrower and Lender can agree in writing, however; that interest shall be paid on the Funds. bender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. if there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA. but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined wider RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment: in full of all sums secured by this Security instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charles; Lieaa. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are FACrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lied 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 fong as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the cttfortxment of the lien while those proceedings are pending, but only until such proceedings are concluded; or (e) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument, if Lender determines that any part of the 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, Borower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-timc charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan- S. Property Iasurstiam Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding senterwes can change during the tc. of the loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, ccnificalkm and tracking services; or (b) a one -tithe charge for flood zone determination and certification services and subsequent charges each time mmappingg or Similar changes occur which reasonably might afi'eet such determination a certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emrrgency Management Agency in connection with the review ofany flood zone determination tesuhing from an objection by Borower. IfHom,wer fails to maintain any ofthe coverages described above. Lender may obtain insurance uuv at Lender's option and Borrower's expense. Lender is under no obligation to puran chase y particular type or amotmt RECEIVED Norm CaWM. Dina arTtuo—S re Yamiry—Paaate Mae/Pta unr mat um my lwmmmt Perm Jatir fA/ a�a AUG 2 12020 Tar Cemp6aaee Sovrva lea Peas a or l3 Modified by Compsooe, Sparc, 14301NC OM nay. CA,= www.cempWac000rcerom C201q, Tat CompWnrt Seam 2140WCM-MHD CITY Previous Page Book:2885 Pagc:889- Next Page RECEIVED AUG 0 6 202002-17-2039 rn ick County. �iister t70 ate!!. C1e 1"a i DC,^,9 Vd!L ;!;'GTON NC 0ruaswlck totntY. Of coverage. Therefore, such coverage shall over Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously In elfoot. Borrower acknowledges that the cost of the insurance coverage so Obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These Amounts shall bear interest at the Note rate from the date of disbursement and shall he payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Leader and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, turd sbali name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Leader all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance overage, not othetwtse required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proofof loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance Proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is camomicaily feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Leader bus had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment Orin a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Pees for public adjusters, or outer third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Leader's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, "bother or not then due, with the excess, if any, Paid to Borrower, $uch insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the property, Leader may file, negodste and settle any avallabile insurance claim and related matters. If Borrower does not respond within 30 days to a notice firm Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the clahn. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any retired of unearned premiums paid by Borrower) under all instuanee policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. & Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for At least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withhold, or unless extenuating circumstances exist which are beyond Borrower's control. T, Presetvatioa, Maintenance and Protection of the Property; inspection& Borrower shall not destroy, damage or impair the Property, allow the property to deteriorate or commit waste on the Property, whether or not Borrower Is residing in the property, Borrower shall maintain the Property in cider to prevcm the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if damaged to avoid further deterioration or.damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Leader has rcleasrd proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. if the insurance or condemnation proceeds Mc not sufficient to repair or restore the Property,, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. hams Warned G'ataned of7lars—Stsjle loot¢--Fw4MadPttddk Mu U.rarto 4ntramat Farm303d Wr The Coaplrmw aema,La Peaa6 of 1A ido6mN nr CampWmae SOatR 14r01TC OBraalieY. a1�a8 WWW.MmvWne"guree{era 02010. The r:ompus,u8e.rcg foe. 2140499 Previous Page Book:2885 Page:890 Next Page RECEIVED An o s z020 BOW P0690 t DC4d WILM.i4:G'MN, NC Brunswick County, nc Register of Oeeda Paa. of 16 Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Loan Application, Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) In connection with the Loan. Material representations include, but are not limited to, representations concerning. Borrower's occupancy of tine Property, as Borrower's principal residence, 9- Protection of Lender's Interest Ito the Preperty and Rights Uncitr this Security Inrtrament. If (a) Borrower tails to perform the covenants and agreements contained in this Security Instrument (b) there is a legal procecding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of it lien which may attain priority over this Security instrument or to enforce laws or regulations), or (c)Borrower has abandoned the Pugrcrty, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing andor repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appealing in court; and (c)paying reasonable attorneys' fees to protect its interest in the Property and/or rights tinder this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities Turned on or obi Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under This Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbutsemcnt and shall be payable, with such interest upon notice from Lender to Borrower requesting pa-vm=t_ If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the Icase. if Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing, 10. Mortgage lttruranee, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make scpamlely designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required W obtain coverage substantially equivalent to the Mortgage Insurvnnce previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Leader the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept. use and retain these payments as a non-refundable loss reserve, if permitted under Applicable Lnw, in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact than the Loan is ultimately paid in full, and Lender shag not be required to pay Borrower any interest or earnings on such IM restm't, if permitted under Applicable Law. Lender can no longer require loss reserve payments if Mortgage Insurance coverage the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Burrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by ItiFCEIVED Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. AUG 212020 tereh Conallas need sflr- -- 114FM Medised Tort--96g1a Raab• —Punk MnNFreddre Mu IlaiAro rmrrnneat Fern 70 4 IM �`�-MHD Ty 17rs C'OmP aOs� he. 1'.ae 7 of ly Medifkd Oy Comptlua Cioattt [w101TC W00 Rer, 06J0a CI wr w.mmptlearmrerrecem tr30M. 1be cempitaeee Searrc, Tee. 11M)1W) 1 11 '. ..r l.... •:1 Previous Page Book:2885 Page:892 VV Next Page RECEIVED AUG 0 6 2020�Nl Jill J11i1N111111Ill Brooch P Clawmors (n u q f {�� �DQyt 02-Ti-2nfl9 tNd f{!Q'( 15�p6�2g. e01 Dii'r1 Vv:Li'.41PdG70N, NC 6reraerlck County, C Register of Deeds Page 9 of 16 Proceeds either to restoration or repair of the Property or to the sums secured by this Security htstrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has it right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal. is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under thls Security instrument. Bontnver can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that arc attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or 8111V Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, cooties or Successor in interest of Borrower or in amounts less than the amount then do_ shall not be a waiver of or preclude the exercise of any right or remedy I& Joint and Several Llabiktyt Cosigners; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall he joint and scvcrA. However, any Borrower who co-signs this Security Instrument but does not execute the Note to "co-signer): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pav the sums secured by this Security Instrument: and (c) agrees that Lender slid any Other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the cos signer's consent. Subject t0 the provisions of Section 18, any Successor in interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain aft of Borrower's rights and benefits under this Security tnstrume it. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lendcr. 14. lass Charges, mender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of expross authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not chargc tees that arc expressly prohibited by this Security Instrument or by Applicable Law. if the loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (by say sums already collected from Aorrower which exceeded pmminhd limits wilt be refunded uo Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will he treated as a partial prepayment without any prepayment charge (whether or not a pmVa)tncnt charge is provided for under the Nom)_ Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge_ 1R. Notices. All notices given by Borrower or lender in connection with this Security Instrument must be in writing_ Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly MERS Modules Dmdof74aw-�41agk Faaay—Fnaie?W/FrWak MU Ualferf tMmlmeat Form 3034 M Tat Campaan<e aanrw roe Pq< 9 of t3 INeNrteO by CospWnt< gourtt 1430134C 09Ae lien. OdAa www.com9tle°reaa°�� 0200a TLe Connn,illasa 6onra, [ae 214n4VO Previous Page Book:2885 Pagc:893 Next Page RECEIVED AUG 0 6 2020 IIIII IIN I II IIIII I �li118111�11 �1 B?�5 3. 29 00 vCPA Vd'.L.M:NGTON, t. Brusaulck County, NC Register of Deeds page to of 16 requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender, Borrower shall promptly ratify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower Shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement wil! satisfy the corresponding requirement under this Security Instrument. lf. Goverala6 Law; Sevmlaillty; Pula of Cotvtructios, This Security Instrument shall be governed by federal law and the law of the jurisdiction in w-hich the Property Ls located. All rights and obligations contained in this Security Instrument arc subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the panics to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contmet. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this SCcuriry Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words ot'the feminine gender, (b) words in the singular shall mean and include the plural and vice verxa: and (c) the word `may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument I& 'ii'uskr of the Property or a Beaellidal Interest is Borrower. As used in this Section is, "Interest in the property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exerciu is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. if Borrower fails to pay these sums prior a the permitted by this Security Instrument without further expiration of this period. Ladder may invoke any remedies notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to tiny power of sale contained in this Security Inspwnent; (b) such Other period as Applicable law might specify for the termination of Borrower's right to reinstate; or (e) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due undcr this Security instrument and the Note as if no acceleration had occurred; (b) cures any default of any otba covenants or agreements; (c) pays all expenses incurred in enforcing this Security lostrument, including, but not limited to, reasonable attorneys' foes, property inspection and valuation foes, and odtnr fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action &c Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security lostrumenr, shall continue unchanged, Lender may require that Borrower pay such reinstatement sums and expenses in one or thous Of the following forms, as selected by Lender: (a) cash; (b) money order: (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity: or (d) Plectronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred, However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loaa Servker, Notice of Grievance. The Note or a partial interest in the ECEIVED Note (together with this Security Instrument) can he sold One or more times without prior notice a Borrower. A sale might result in a change in the entity (known as the "Loan Serviccr") that collects Periodic Payments due under the Nona Cazoara a.a er71�q-..-Stacey FuW,—Fu.& MWprr�� tilir l'alEorm tartraarm Fanu 3ai4 iNl AUG 2 12020 Mr:RS tinned 119 cemFtlaaee Saarcq lee rqe la of 13 Modiard by Comp&,& Source 14)Ol Nc oxo0 aer, 0aia8 , , ���n p tJ HD ry CI wee 06weseu eem 03000,11ecampuaaresoarcglet. rY TM 2149490 Previous Page Book:2885 Page:894 Next Page 0h Ilk IIIIII IIIII I IIIlu�111111III B2a8� PB89 a.ana ?9 Mi 6rui--.. ick C., ty, NC Reaister of Dads pate 11 of 16 Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument' and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the ". c. If there is a change of the Loan Servicer, Borrower will be given written notice ofthe change which will state the name and address of the new Loan Servicer. the address to which payments should be trade and any other information RESPA requires in cormection with a notice of transfer of servicing If the Note is sold and thereafter the Igao is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as tither an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by rcuon of this Security instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party herew a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can he taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cum given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfv the notice and Opportunity to take corrective action provisions of this Section 20. • 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Lawand the following substances: gaspltne, kerosene, other flammable or toxic petroleum products, toxic pesticitics and herbicide%, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or envitonmenWl protection; (t) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law: and (d) an "Enviroomcntal Condition" means a erudition that can cause, contribute to, or otherwise trigger an Envirormuental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property' (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or rcleasc of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Properry of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any govcmnienral or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remcdiation of any Hazardous Substance affeccfing the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIF'ORSA COVENANTS. Bortowa and Lender father covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acedention following Borrower'+ breach of any covenant or agreement in this Secarity Iugtnmeot (but not prior to acederation under Section 18 nnlesa Applicable Law provida otherwise). The notice shag specify: (a) the dolauLt; (b) the action required to can the default; (c) a date, not less than 30 days from the date the attics is given to Borrower, by which the default must be cured; and (d) that failure to cure the defauh on or Wore the date specified In the notice may result In acceleration of the sums secured by thb Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after accage4loon and the right to assert in the foreclosure proceeding the non-caisreece of a defaolt or ■ ny other defense of Borrower to Yor1h Ceeutlea prod of7Ylu{--$tytr pLetly--i'euk Madl+rddlr lies l"aflwn iu— I Fora 30341N1 MERN Mediaed T9r Ce@paapq Source, lee. Pear ll of 13 Madlaed by Cempllerr<Seera Id3e119C OSAO nor. ntAe n+eroePaaaovva020W lie Cbapuag" Sourer. tar. 21C049D t n� .. a -- • r Previous Page Book:2885 Page:895 V V Next Page RECEIVED AUG 0 6 2020 �2�5 M. �o0:29001 Brunswick Covdy, NC eqi seer or Deeds page 12 of to acceleration and sale If the default is not cored us or before the date tpeclfled in the notice, Lender at its option may require immediate payment In full of aB Sams secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by Appktable Law. Leader shag be entitlW to celled all expenses hicurred to pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costa of title evidence It Lender invokes the power of sale, and it it Is determined In a hearing held in accordance with Applicable Law that Trustee can proceed to aale, Trastee shall take rack action regarding notice of sale .cad #ball give such notices to Borrower and to other persons as Applicable Irw may regnhe. After the time required by Applicable Law and after publication of the notice of salt, Tnastor, without demand on Borrower, shall sell the Property at public section to the highest bidder at the time and place and under the term& designated in the notice of sale in one or more pamela and in any order Trustee determines. Lender or its designee may purchase the Property at any eels Trustee shag deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's dead shall be prima facie evidence of the truth of the statements mode therein. Trustee shag apply the proceeds of the sole In the following order: (a) to sg expenses of the sale. Including, but not limited to, Trustee's tea of 5.00% of the gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to It. The interest rate set forth in the Note shag apply whether before or after any Judgment on the Indebtedness evidenced by the Note. 23, Release. Upon payrucnt of all sums secured by ibis Security lnstrumait, Lcndcr ur Trustee shall cancel this Security Insrument. If'rrustee is requested to rcicasc this Security Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to Trrstee. Borrower shall pay any recordation costs. Lender may charge Borrower u fee for releasing this Security instrument, but only if the fee L, paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Sabstitate Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee heroin and by Applicabk Law. 25. Attorneys' Fan. Attorneys' fees must be reasonable. The following signature(s) and aclutowledgmem(s) are incorporated into and trade a pan of this North Carolina Deed of Trust dated February 16, 20" between James Johnson York and wife, Tommy Taylor York - First Brunswick Mortpge, Inc. and Karin L. Stanley. BY SIUNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants comained in this Security Insaumcnt and in any Rider executed by Borrower and recorded with it. ($eel) J Johaso orlc -Borrower [i'rinted Namal (sea]) -Bormwer [Printed Name) � Lf.T (Send) / � LIN.Tammy Taylo orh Borrower [Printed Name) (Seal) [Primed Name) ��ECEIVED AUG 21 2020 Ko,th Clean" tN6� monad of Tract-Strake FeaJy—r`oaak ytadrreddk slat lleltorm tutraerart Forso 3 e uV up ['�� Tee C*0pusew souree, tar- Pere l3 offs MealaM Dy Camplrstt aoertt ta301N1'nlNa Rer, lWax�-MHD CITY www.cerepar,ataoeuseeoo CZM The Cnmpaaen Notes, Inc 2i-0U414) 1. i1.-...,... 1i ...... . Previous Page Book:2885 Pagc:896 Next Page iiii u�k�iiii�iia R��ii oroof ACKNOWLEDGMENT State of &+b(nn:(;art Counryof 5tt.. r7 3 HU§BAND AND WIFE, 114.r "%01 40 hereby certify that Jame Joba"s York and Unsay Taylor YeA perwriatiy appeared before me this day and acknowledged the due execution of the foregoing instnanent Witness my hand and (where official seal is required by law) official seal this the 16TN day of FEBRUARY, 2009 (Seal) JUUE L MoMILtIAN HWary PuDYt) - NoM Carolina IibOanaiaalort�eYsaa Jr �9�c�r t iz S nature of O cer Printed Name Ajo�g(sj I amic Tide of (hiker k— —" My Commission Expires: l � %J i/ccl AGISS arsaw 'A�Y9 aMFw---90* FawAr—paaele MaWwroddk Mac Oniswo h Nnwr Form 304 tAl Taa cawpua Skaree. lu far *GM MedMedarCmpgaa Soseaaf4Mr4CaNaaae,*W C70aa, The Co.paaare Saara6lhe, 2140490 Previous Page Book2885 Page:897 Next Page fIIIIiIII �IIIIIIII IIIIIilll�llll lul B?�5 M Brunswick County. NC twister of Deeds BEING ALL of Lot 30, Cana! A, of a revision of 'Revision C Eastern Portion of Sunset Beacl survey by Gerritt C. Greer, R,LS., dated May 17, 2967 and recorded in Map Book 10 at Pa.( Brunswick County Registry, RECEIVED AUG 0 6 > ac.. 4ECEIVED rOW,m AUG 21 2020 DCM-iWHD CITY Previous Page Book:2885 Page:898 ' Next Pi 02-17-2009 Loan Number, 2140490 MIN:10016MOM1404901 SECOND. HOME RIDER THIS SECOND HONM RIDER is made this 16th day of February, 2809 , and is incorporated into and shall be deemed4v amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") ofthe same date given by Ate undersigned (the "Borrower," whether there are one or more persons uoderslgned) to secure Borrower's Note to Punt Brumnirlek Mortgage, lne (the "Lender') of the same date and covering the described in the Security Ins"Property', trument (the which is located at: 407 6tb Street, Sunset Such, NC 28468 (Property,[&6 iri In addition to the covenants and agreements made in the Security Instrument, Borrower Had Lender further covenant and agree that Sections 6 and 8 of the Security Instrument are deleted and are replaced by the following: 6. oecupaury. Borrower shall occupy, and shall only use, the Property as Borower's second eep home. Borrower shall kthe Property available for Borrowers exclusive use and e(joymeAi at all times, and shelf not subject the Property to any timesharing or other shared ownership arrangement timesharing to any rental pool or agreement that requires Borrower either to rear the Property or give a management firm or any other person any control over the occupancy or, use of the Property. 8. Butrowees I'm APpllextim Borrower shall be in defaolt if, during the Loan application Pmcess, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially Use, misleading, or inaccurate information r statements to Leader (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrowers occupancy of the Property as Borrower's second home. 1Hetd�bteSeessdIIsme ruder —Slagle Famiy—Fende MWYrddk M.c ONIFOHa3 TLYSiRUarE1vT AMMULLINt9901110E, INC— p 1�Z F4=3i9a O]!et +�w.�gpllrsaourmm amaw tap ezaq ]1ss CLmpimm ros'�st ass. 2140490 RECEIVED AUG 0 5 1 Previous Page Book:2885 Page:899 VV Next Page IIIIIIIIi II II Irllil NIIIIII�III) NI ss5 Paris �K 03, Brv,wlck County. NC RdgisLer of needs page is aF 16 BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Second Home Rider. ) 1'h c'- (Scal) J®ea gA Yo Parrowrr Tammy T Oril HmNw r (Seal) -R,mry yr (Scat) Bo Wer (tiign 0r4. ns! Onfyj Staltlemte Steaad Rene RM., %-& F—m It- Raaele M—V-ddie M UNUNIFORM INSTXV&11; parm ]ago UUDI --Tat 00MMAarx SOvace, INC,— Pate t art 14w e v+w w+N�gmao�..m+ caLO, rnr Comywa Saux, iae 2140490 RECEIVED AUG 0 F acs.I sRECEIVED AUG 21 2020 0CM-MHD CITY LOCATION MAP o R`vtKsiOt'OR )F G Z N m. 1P' R t- G N4 N. U y t c -c IT S V ✓'- n �p ^ - _ ,. - tea N Brunswick County GIS RECEIVED AUG 21 2020 DCM-MHD CITY RECEIVED AUG 0 g,';,_ DCM WILMINGTON, NC James York 407 6th Street Sunset Beach Brunswick County Prepared by: Debbie Wilson 7/12/20 Scale NTS Sheet 1 of 3 R R R R R * istiR cxl Dn Exing Bulead 406 Marlin Street W g r M. EPxe ng la fo m R 'mWN R dge of MarsFr- v R R l tv ^NLW — — — Existing Floating I Dock bD tD II jo O f--Man-made Canal--_j � d � C � I t 1 � Existing Floating Dock tg, E ,F-15' Set b� �II —NLW-- _ c__—,Edge rnmare Y V V y V Y i Y 9 Y' • V Y Y '� V V VV I Y ,R V Y Y Y V W V V y V YV Vi Y 'Y YYVV i Y .V V Y Y Y � V V e' Proposed y EPletforma 41p ...d Buty.dV V Y y Y Y Y V V V 'V Bulkhe d ifV y V V y W Y V Y NHW,y V w y IVY" __ = V V Y V. if4, i Y V if mNH�I y V Meletis at Sunset, LLC cto Ann Meletis Scott 405 Sth Street Setback -1}I ..d E.x (--Exiebng Boardwalk—* 1111 Existing Steps James York 407 Sth Street P [ L Existing P L Ij Dwelling 111MM:'m RECEIVED 40961h Streetk AUG 21 2020 DCM-MHD CITY James York 407 6th Street Sunset Beach Brunswick County Drawn by: Debbie Wilson 7/9/20 Scale: V = 10' Sheet 2 of 3 ® N O N C3 U FLU AdLOLI LU Lf Y r O o z O L 0 U W J jr G U 0 James York 407 6th Street Sunset Beach Brunswick County Drawn By: Debbie Wilson 7/9/20 Sheet 2a of 3 Typical Bulkhead X-Section NTS Top Cap Waler I 10 1. Back Fill / Finished Ground Elevation Tie -rod or NH I\helical anchor length to be determined by contractor or engineer Wales' Filter Fabric fl Anchor pile i r -Contour_ i I t CEIVED V w�/ AUG 21 2020 RECEIVED AUG 0 6 rC120 DCM WILMINGTON, NC X')CM-MHD CITY James York 407 6th Street Sunset Beach Brunswick County Drawn by: Debbie Wilson 7/12/20 Scale: NTS Sheet 3 of 3 NC Division of Coastal Management Major Permit Application Computer Sheet AEC: M1 Fee: $1 — # 0 0 CDAITS _ MHC cc Applicant A � s YU. Agent(Contrector. Project Site County: SStaffi. k Z District: Wilmington Project Name: or JV, %J v t " 4a Rover File: n/a River Basin: Initial date of application submittal: - f4 1 2oao Date application "received as complete' in the Field office: Z---ZU Permit Authorization: CAMA Dredge & RII []Both SITE DESCRIPTION/PERMIT INFORMATION ORW: ❑Yes PNo I PNA: ❑Yes PgNo Photos Taken: Yes 0 NoW Setback Required (riparian): ❑Yes RJNo Critical Habitat: Yes o ❑Not Sure 15 That waiver obtained: Yes MWo Hazard Notification Returned: ❑Yes opallo SAV: []Yes EINo PNot Sure Shell Bottom: ❑Yes ❑No N Not Temporary Impacts: Yes ❑No Sure Sandbags: ❑Yes No ❑Not Sure Did the land use classification come Mitigation Required (optional): from county LUP! PYes ❑No Environm ntal Assessment Done: ❑Yes No Length of Shoreline: Mon-- - oratorium Conditions: ❑Yes No ❑NA ❑Yes ?No ❑NA FT. Shellflsfi Area D on: Project Description: (code) Development Area: (code) Open -or- ose , d I f} c SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) 0 Swamp Waters (SW) I)OHIgh Quality Waters (HOW) LJ Outstanding Resource Waters (ORW) WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limomum sp.) (SS) Glasswort (Sallcomia sp.) wetlands) ❑ (CJ) Saw gress (Cladium jamaicense) (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina gernifiors) cynosuroides) (DS) Sell or spike grass (Distichlis El (SC) Bullrush or three square (Scirpus (TY) Cattail (rypha sp.) spicate) sp_) ❑ (JR) Black needlerush (Juncos ❑ (SP) SaWmeadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ 111(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or oomm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a LAMA Major Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 LJ 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 - El If. Public or oommercial/no dredge RECEIVED $100 and/or fill - $400 I. Private no dredge and/or fill - 5250U III(C) Priv. public or comm w /D&F to 1 acre; 4144 can be applied; DCM needs AUG 21 2020 DWQ agreement - $400 v�)CM-NJiHD CITY Name. I G Date: ` 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 Maint ❑ PY ❑ N New Work ❑ eplace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ Ely ❑ N New Work ❑ Replace Maint ❑ Ely ❑ N New W.,k Replace Maint ❑ Ely ❑ N New Work Replace Maint ❑ ❑ Y [IN New Work ❑ Replace Maint ❑ ❑ Y [IN New Work ❑ 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 S-q Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final Habitat Name DISTURB TYPE Disturbancetotal includes any disturbance. Excludes any Disturbance total includes disturbance. Excludes any Choose One anticipated restoration any anticipated restoration and/or restoration or andfor temp restoration or temp impact tamp Impacts) impact amount) tam/ hn cis) amount LDredge Fill Both ❑ Oster ❑ O / d v 10 o Dredge ❑ Fill ❑ Both ❑ Other gI 70 0 U '//00 / �-'0 Dredge ❑ Fill ❑ Both ❑ Other 0 1Q� Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED AUG 21 2020 919-T33-2293 ::11-888311COAST v www nccoa tslmanaaemant net 1)CWjfMWMW Major Permit Fee Schedule Project Name: 7 r (( 01 % Nti �_ County: /./^ S 111 6,J \ \'C �"' '4vOsC' Check No & Amount: ydU �' Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) I Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. I I Public or commercial development that does not involve the filling or excavation $400 100% ($400) of any wetlands or open water areas: III. For development that involves the Ming and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality certification $400 100%($400) 09n($O) No. 4175 can be applied: IIGeneral Water Qualify "jam n J Certification No. 4175 could be applied, but DGM staff determined that additional 400 60% ($240) 401% ($160) review and written DWQ concurrence needed because of concerns rela d to water quality or aquatic life: III(D). If General Water Quality Cerl�rstian Na4175 . oann°t be applied. $400 60% ($240) 4D% ($160) 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: 13ECEIVED AUG 21 2020 ACM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 8/18/2020 Jim and Tammy same PNC Bank 4050 $400.00 major fee, 407 6th St, Sunset BB rct. York Beach BrCo SPLIT 60/40 11536 = c ti M M n ^� o N m v O DCM Coordinator: Curt Weychert WI E-MAIL DISTRIBUTION SHEET Circle one, ioii, Permit for: a 5 C V1 IYl1l/� Oversize la County: I /` — Permit #: 'a " DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Curt & Amanda on group email w/ bio. narr. app. drawings, deed, comment sheet v *MHC documents (Curt & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Carteret Co): PN, CL, Reports, Split Sheet _ (until territories are decided) ilmingtonNCREG@usace.army.mil (NH / BR): PN, CL, Reports, Split Sheet _ Div of Water Resources: obb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ 01 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: Aheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ Marine Fisheries: Deaton (until Kim fully trained) w/Reports _ + Kim Harding _ DCM Planner/WiRO: Mike Christenbury Cultural Resources: Wnee Gledhill -Earley Environmental ReyiBW0-ncdenr aov _ Natural Heritage Prog. v}4odney Butler_ DCA-Rural Eco. Dev: Xrk ziegler NC DOT: -david Harris _ Wildlife Resources: ,Maria Dunn w/Reports State Property Office: --rim' Walton: DEED _ A�€Moser _ Wanda Hilliard, Real Property Agent (Bio Reports only) _ Shellfish Sanitation: \4eremy Humphrey (Bio)— �ron Gupton, Admin. _ DEMLR: Chr' tine Hall - Stormwater Section _ D/ n Sams - Land Quality Section Public Water Supply: ✓Heidi Cox Enforcement: Field Rep: Oyvnl�atyi YOB Go. LPO DiOLY, Agent: C ^! n DISTRIBUTED: RECEIVED AUG 21 2020 ')CAA-MHD CITY Updated 07/29/20 CAMA/Shaun majors docs/e Agency List