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
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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
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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
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21403`70
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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
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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
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2140499
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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.
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RECEIVED
AUG 0 6 2020�Nl Jill J11i1N111111Ill Brooch P Clawmors
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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
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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
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2149490
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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
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21C049D
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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"
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Tee C*0pusew souree, tar- Pere l3 offs MealaM Dy Camplrstt aoertt ta301N1'nlNa Rer, lWax�-MHD CITY
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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
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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
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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
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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
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(--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
®
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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
=
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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