73-19 Armstrong, Kevin

Permit Class
NEW
Permit Number
73-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and ..
Coastal Resources Commission
Vermt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Kevin H. Armstrong 415 Firetower Rd., Belhaven NC 27810
Authorizing development in Hyde County at adj. to the AIWW, at 415 Firetower Rd., in
Belhaven as requested in the permittee's application dated 6/23/19,
including attached workplan drawings (2) both dated 6/25/19.
This permit, issued on August 27, 2019 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
)f these terms may be subject to fines, imprisonment or civil action; or may cause the permit to oe nuu ana voia.
Docking Facility Expansion
1) This permit authorizes only the additional boat lift and uses located in or over the water that are
expressly and specifically set forth in the permit application. No other structure, whether floating or
stationary, shall become a permanent part of this docking facility expansion without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the
U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum,
permanent reflectors shall be attached to the structure in order to make it more visible during hours of
darkness or inclement weather.
(See attached sheet 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, 2022
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.
BraxtonkY Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Kevin H. Armstrong Permit No. 73-19
Page 2 of 2
ADDITIONAL CONDITIONS
i
3) This permit authorizes an additional formalized boat slip for a maximum of 3 formalized boat slips.
4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
General
5) 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.
6) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the
permitted activity without having it transferred to a third party.
7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including any building permit required by
Hyde County.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2019-01483).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4175 and assigned the project DWR Project No. 19-0966.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many land disturbing
activities are not authorized within 50 feet of the normal water level unless specifically exempted
by Environmental Management Commission's (EMC) Tar Pamlico River buffer regulations
in place at the time of such development.
NOTE: An application processing fee of $250 was received by DCM for this project.

DIVISION OF COASTA- L MANAGEMENT
Application Processing Notes
Applicant:
Type: (Check all that apply)
New _->—'� Major Mod Permit# Minor Mod Renewal Transfer
Permit Coordinator: 3CZ6.40E-2
Field Representative: I eQa,.. �
7
Date Time Message
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Coastal Management
ENVIRONMENTAL QUALITY
Kevin H Armstrong
415 Firetower Road
Belhaven, NC 27810
Dear Mr. Armstrong:
August 27, 2019
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
(9
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, [phone] within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Enclosure
(�1Qcerely,
•� d yay�--
Douglas V. Huggett "-
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality l Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557
252 808 2808

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North Carolina DIVISION OF COASTAL MANAGWE
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Business Name Project Name (if applicable)
—First
Applicant t: / f
MI,„ ty
Last Name
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional page(s) with names listed.
Mailing Address
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PO Box
City
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Street Address (if different from above)!—
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Business Name
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Agent/ Contractor t: First Name
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Agent/ Contractor 2: First Name
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Last Name
Malting Address
PO Box
City
State
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Phone No. t
Phone No. 2
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FAX No.
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Street Address (if different from above)
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RECEIVED
JUL I F2019 JUN 2 6 2019
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
County (can be m tiple)
Ire t Address
e
j
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(
Stale Rd. #
/
-
Subdivisio Name
City
State
Zip
No.
r „t tI,Y % I
Lot No.(s) (if many, altach acidiflonat page with list)
rPhoria
7� � -N6 ext.
a. In wfurh N river an is the prgjuR,y located?
b. Nam body of water naa ast to proposed project
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
❑Natural Manmade ❑Unknown
� t/�J
e. Is proposed work ithin city limits or planning jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Y9S o
work falls within.
_ +•r :£ 4 "'"2-T fp✓ z^ i ° ��.'`"
4 ��alfe=�e�cr �lar►�.; r �; -� �
a. Total lea of shoreline op.tttpyt[aef (ft.)
/j" /
b. Size 1f entire, —'KS .)
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
yjJL{normal water level)
(if many lot sizes, please attach additional page with a list)
v—�� ❑NHW or
J
J`
e. Vegetation on tract
/y,_
l CA L,d / VL
f. Man-made features and uses now on tract
g, Identify and describe the existing land uses adiacent to the proposed project site.
�C) ;r� (-/0d Q�ve,)Orec�
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
❑Yes ONO E NA
I. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ❑N7
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. Oyes ❑No etkA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes
alionat Register listed or ellgiblo property? t❑*►N
_..
<Form continues on next page> JUN 2 6 2019
JUL 1 - (D19 DCM-WARD
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Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
I m.
(i) Are there wetlands on the site?
❑Yes RN-6--'-
(if) Are there coastal wetlands on the site?
❑Yes
(iii) If yes to either (i) or (it) above, has a delineation bean conducted?
❑Yes (:]No
(Attach documentation, if available)
n.
Describe existing wastewater treatment facilities.
o.
Describe existing drinking water supply source. L—V
, � `j
tJ ' i7-✓
p.
Describe existing storm water management or treatment systems.
a. Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Governmeni
rivate/Communily
b. Give a brief description of purpose, use, and daily operations of the project when complete.
2$ V, J v4 C -a Ve'eJ L '4-
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c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type
of equipment and where it is to be stored.
d. List all development activities you propose.
�$ X 1G I�cat Ve CD
e. Are the proposed activities maintenance of an existing project, new work, or both?
I. What is the approximate total disturbed land area resulting from the proposed project?
q,Ft or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area
❑Yes Qf U NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the stale.
' L /
1. Will wastewater or stormwater be discharged into a wetland?
❑Yes ❑No N/A
If yes, will this discharged water be of the same salinity as the receiving water?
❑Yes ❑No 4EKA
t�p"�r��q if
t�xj�cF�fi
6 n roposed?
at nproposal.
❑Yes ❑No A
JUL 1 g 2019
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Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6 :Add( tonal lnt nn flan # x `,f n x a>sx
ttnad�rrran:o-tlrrs ramn+��da�rtdafron�t�i� (Mf3 f} wa rdtro�i�s rte�fi�tiefovr�I(ap�Bcahre must be su6r�rrcearg or'aw rortheg�igrc,��rrdn�
/Jab,Qa�g �a de CdroPleta , ttem� �a) (� are aAvays e'ppNoa4le,,(p�anY (Major r/etrelpymg'�1 applyd3fi�p Pteaso dof7sup 2-he a "l�caf/Dp �, �� ,�
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.
e. The appropriate application foe. Check or money order made payable to DENR.
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised (hat they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
am O r a, ti/ 'raj W l i i+ P �nS�id
ht x'r F ^fit w p6 '�N+'.,'°
YA�I(Yfe3S gilt+fV ">'�,3., ''�:. Y'A"::a'" K,t ;5,xF°x."�' F.c t�Y..1"i. .•�r. h: ':';"A auu-,s,
Name Phone No.
Address
tdame Citi(
t
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g. A list of previous state or federal permits issued for work on the project tract. Include permit number`,,�ermiltee, and issuing dates.
h. Signed consultant or agent authorization form, if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas- (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of stale 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 furth certify i tha inform tiy� provided in this applicati/4nniis truthful Ip the bes f my knowledge.
Date I-- Print Name / 1 e-�-�vy pn�-
�✓ Wb / /
Signature
Please indicate application attachments pertaining to your proposed project.
[]DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
�fv{ ll1��a,,}}^^ct•® lopment
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RECEIVED
JUL 1 C 0, JUN 2 6 2019
PAP
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Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
I- DOCKING FACILITY/MARINA CHARACTERISTICS
0This section not applicable `
a. (t) Is the docking facilityhnarina: �/ b. (1) Will the facility be open to the general public?
❑Commercial ❑PublictGovernment pp Private/ccmmunify ❑Yes G"-
c. (i) Dock(s) and/or piers)
(it) Number
d. (i) Are Finger Piers included? I]Yes
(tit) Length
If yes:
(N) Width
(it) Number
—
(v) Floating QYeses ONO
(III) Length
(iv) Width _
(v) Floating , d$ ONO
/
e. (I) Are Platforms included? QYes 8910
f. (i) Are Boatlifts included? []Yes QNo
If yes:
If yes:
(it) Number
(it) Number
(III) Length
(III) Length �.�
(iv) Width
(v) Floating ❑Yes QNo
(iv) Width
Note: Roofed areas are calculated from ddp/ine dimensions.
g. (i) Number of slips proposed
1
h. Check all the types of services to he provided.
(it) Number of slips existing
❑ Full service, Including travel lift and/or rail, repair or
'
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ("wet slipsl only, number of slips:
_
❑ Dry storage; number of boats:
_
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe. -
I. Check the Proposed type of siting:
Q Land cut and access channel
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats,
OOgpgtpvater, dredging for basin and/or channel
mixed types).
P `(� �1
� q J'
Open water; no dredging required
! r\ I �� ✓�
ElOther; please describe:
k. Typical boat length: - 0 � J
in, (i) Will the facilt have lie pilings?
Oyes o
(it) If yes number of tle pilings?
I. M Will the facilit a open to the general p'RECEIVED
CEECEI IED ❑Yes No JUN 2 6,2019
JUL 1 8 2019
zs;z.;�tra..is;3a ;: 1:3k, t-13tr;'yl�s7 :s

Form DCM MP-4 (Structures, Page 2 of 4)
L2: DO.CK/NG;FALL/TY/MARINAOPERATIDNS'' IFiissectionTrotapprcab/e,;"I
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number. _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
a. (i) Give the location and number of "No Sewage Discharge" signs proposed.
(il) Give the location and number of'Pumpout Available" signs proposed.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance he disposed of?
h• Give the number of channel markers and "No Wake" signs proposed. _
L Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
J. What will be the marina policy on overnight and live aboard dockage?
k. Describe design measures that promote boat basin flushing?
1. If this project is an expansion of an existing marina, what types of services are currently provided? _ RE C EE IV D.
JUL 1 c 2019
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
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n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh C
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. atic vegetation (SAV), shell bottom
❑CW _ ❑SAV ❑SB _
❑WL _ ❑None
P. Is the proposed marinaldocking facility located within or within close proximity to any shellfish leases? ❑Yes []No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease,
r, vU.va r7UUJt,(including covered lifts).
a. (i) Is the boathouse structure(s):
❑Commercial ❑PubficiGovernment ❑Private/Community
(ii) Number
(Hi) Length_ _ __....... ..
(N) Width
Nate: Roofed areas are calculated from ddpline dimensions.
,if GROIN (e.g., wood, sheefpile;etc. If a. rock. groln,
a (i) Number _
(it) Length
(Iii) Width
6. BREAKWATER. (e.g., wood, sheelpile, etc:)'
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
6:. MOORING PILINGS: and BUOYS
a. is the structure(s):
❑Commercial ❑Poblic/Government ❑Private/Communfty
c• Distance to be placed beyond shoreline _
Note: This should be measured from marsh edge, if present.
e. Arc of the swing _
A GENERAL
RECEIVED
-JUL 1 E 2019
SECTION IVIHD
La�his s�
llhis section nc
b. Average distance from NHW, NWL, or wetlands
DFthts—sei6don h
b• Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
JUN 2 61019
CCM-WARD
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Form DCM MP-4 (Stnictttres, Page 4 of 4)
a. Pr�� ofuu re(s) to adjacent riparian property lines
Note: For buoy, or mooring piling, use arc of swing including length
of vessel.
C. Width of water body
e. (I) Will navigational aids be required as a result of the project?
(]Yes QlTO- [INA
(it) If yes, explain what type and how they will be implemented,
i. 6TNER
a. Give complete description.
Applicant Signature
b �u 9vMn
JUL 1 g 2019
b. Proximity of structure(s) to adjacent docking facilities.
d. Water depth at wate rward end of structure at NLW r>�
RECEIVE®
JUN 2 6 2019
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ROY COOPER
covemor
MICHAELSAEGAN
Secretary
BRAXTON C. DAVIS
Director
Coastland Times
P.O. Box 400
Manteo NC 27954
NORTH CAROLINA
HnvlmnmentalQuaNty
15 July 2019
Attention: Legal Advertising Department
Please include the enclosed Notice of Filing in the Public Notice section of the 17 July 2019 edition of your
newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about
this notice, please call me as soon as possible at 948-3820.
The State Office of Budget and Management requires an original Affidavit of Publication
prior to payment for newspaper advertising. Please send the affidavit, an oHginal copy of the
published notice, and an original invoice to:
ATTACHMENT
Cc: File
Melissa Sebastian
NCDEQ
COASTAL MANAGEMENT DIVISION
400 COMMERCE AVENUE
MOREHEAD NC 28557
252-808-2808 ext. 229
Thank you.
Keri Sparks, Administrative Assistant
Division of Coastal Management
RECEIVED
JUL 1 8 2019
NIP SECTION MHD
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington square Mail I Washington, North Carolina 27889
252-946,6481

DCM Coordinator: *90 otz_ Permit #: 7 3--
^ � MAILING DISTRIBUTION SHEET
Permittee: 4vt✓, �. /tYMSMNC �S 6�r
Agents:
DCM Field Offices
Elizabeth City (with revised work plan drawings)
Morehead City
Washington kvl't �k
Wilmington litri �xrk5
US ACOE Offices:
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley at [e-mail]
Ad, --
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD)
Marine Fisheries: Shane Staples Curt Weychert
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Shelton Sullivan 54.4 (- v"WVO
Washington: Anthony Scarbraugh-401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington:
Wildlife Resources:
Natural Heritage Program
Robb Mairs — 401 (Carteret, Onslow, Pender)
Chad Coburn — 401 (Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson
LPO: , S PCFax Distribution: Pennittee #: Agent# 4

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Kevin IL Armstrong
COUNTY: Hyde
PROJECT NAME: Kevin Armstrong
LOCATION OF PROJECT: 41S Firetower Rd (SR //S8) Belhaven NC 27810
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 6-26-19
FIELD RECOMMENDATION: Attached: No
FIELD REPRF,SENTATIVE: Hart
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Bodnar
PUBLIC NOTICE REC'D: 7-17-19
ADJ. RIP, PROP NOTICES REC'D: _
C) 75 DAY DEADLINE: 9-6-19
HOLDS:
MAIL OUT DATE: 7-18-19
PERMIT FINAL ACTION: ISSUE DENY
AGENCY DATE
11 COMMENTS
RETURNED
DCM - Field
DCM - LUP Consistency Determination
Local Permit Officer
Corps of Engineers - Regulatory Branch
DWR-401 Section
jy�q
DWR - Public Water Supply
7�L5
DEMLR-Stormwater & Sed(Erosion
DOA - State Property Office
7i(i
Wildlife Resources Commission
71 I
DMP --Shellfish Section
7/2,
DMF - Habitat & Enhancement
7(/t
DNCR -Archives & History
5/(q
DNCR--Natural Heritage Program
NCDOT
Rural Development Division
To Be Forwarded: Yes
DISTRICT OFFICE: WASHINGTON
FEE REC'D: S250(100/0) # 5307
END OF NOTICE DATE: 8-6-19
DEED REC'D: Yes
150 DAY.DEADLINE:
STATE DUE DATE: 9-6-19
OBJECTIONS;
YES NO
Ile
)c
Z
bW
I%
NOTES
MP SECTION MHD

Bodnar, Gregg
From: Howell, Jonathan
Sent: Tuesday, August 13, 2019 10:39 AM
To: Bodnar, Gregg; Hart, Kevin
Subject: RE: Armstrong
Gregg, sorry we didn't get this to you earlier. Kevin is spread a little thin covering two territories at the moment. Please
take this email from this office recommending standard conditions on this project as the official comments. Thanks.
Jonathan Howell
District Manager
Division of Coastal Management
Department of Environmental Quality
252 948 3851 office
Jonathan. Howel]Ancdenr. aov
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg<[e-mail]>
Sent: Tuesday, August 13, 2019 10:18 AM
To: Hart, Kevin <[e-mail]>
Cc: Howell, Jonathan <[e-mail]>
Subject: RE: Armstrong
Just a thumbs up from Jonathan will work.
Gregg
From: Hart, Kevin <[e-mail]>
Sent: Tuesday, August 13, 2019 9:56 AM
To: Bodnar, Gregg <[e-mail]_>
Cc: Howell, Jonathan <[e-mail]>
Subject: RE: Armstrong
Gregg,
Sorry for not sending them, but this office recommends standard conditions apply for the project. If you need something
more in a memo form let me know.
Kevin
Kevin Hart
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
252-948-3936

NORTH CP ROL SNP.
cn:arascr.:fal npdLis
18_July 2o19
I
I MEMORANDUM: _
FROM Gregg Bodnar,A si Malor Permits Coordinator
—
NCDEQ Divisi Goa staiWnbdement
400 Commerce Ave., Morehead City, NC 28557
Fax: •252=247-3330, e0644er 0,4 16=33f'
' rg egg_bodnar( ncdenrcov
ROY COOPER
QORwliir
MICHAEL S. REGAN
4roldry
BRAXTON DAVIS
Dlnrlar. llivlsion ofcwvn[
Alanageinex
SUBJECT: CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1158 at 415 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an.additional boatlift to an existing private docking facility on
the. Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form 4o Greaa Bodnarat the address above by 7 August 2019. If you have;anyquestions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting. data is requested.
REPLY: V111 Thisagency 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__+�U2 �VMpo�
AGENCY RECEIVED
SIGNATURE
---. J J U L 2 2 2019
----� �
MP SECTION MH®
DATE
State of Nonh Carolina i Emiromnenlal Quality I Coastal Management
127 Cardinal Drive Lxt., Wilmington; NC 28-105 9197967215

NORTH 0AROUNA
Pi11'vrwmwvw': i n"I"A
Z_Iq.oa.l9.oi
18 July2019
MEMORANDUM:
FROM:
SUBJECT;
Applicants
Project Location:
Proposed Project:
Gregg Bod
NCDEQ -F
400 Commi
Fax: 252-2z
oreao.bodn
CAMA Majc
Kevin Arm;
SR 7'158 at
Proposed
We Interco
Please indicate below your
regarding the pr
supporting' data
Assistant Major Permits, Coordinator
Dnof Coastal Management
Ave.,. Morehead City; NC 28557
330'(Courier 04:96-33)
Application Review
ROY COOPER
Onvoiror
MICHAEL 5. REG,AN
5'eirelary
B.RAXTON DA;VI'S
Atrec(o(, t)ivwwl ofCgarial.
jvlanahziueiil
DUL 2019'
REPCOV D
mabwz
cam"SAW
,J
5 FiretowerRd Belhaven, NC 27810 Hyde County NC
add an additional boatlift'to an existing private docking facility on
al Waiterway'in Belhaven, Hyde County'
position or viewpoint on the proposed project.and
le address above by August 2019. If you have any questions
Kevin Hart [phone] when appropriate, in-depth comments with
REPLY: This agency'', has no objection to the project as proposed.
"`Additional commentsmay be attacheo"
I
V This agencyhas no comment on the, proposed project.
This agency, approves of the project only if the recommended changes
are incorporated. See attached.
the project for reasons described in the attached comments.
RECEIVED
AGENCY
j JUL 1 9 2019
SIGNATURE, !
MP SECTION MI -I®
DATE -4—I-'2'D1
'Scare 61'NpnM1 Carolina I'L'nvironmental Quality ICoas151 lNandgidm"'cin'
127 Cardinal Drive Cal., Wilminygoa, NC 28405 019796`7215

ROY
MICHAEL S.
NORTH UROLIN4 - BRAXTON DA
En'rn In,_; Jd I hn:1rP• Dmrmq Dn'ktrm nf(
18 July2019
MEMORANDUM:'
FROM: Gregg Bodnar, Assistant Major Permits'Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 0416-33)
rg egn bodnaraa ncdenr gov
SUBJECT: CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1158 at 415 Firetower Rd. Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an. existing private docking facili y on,
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by 7 August 2019. If you have any questio s'
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth commen s with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
V This agency has no comment on the proposed project.
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 con
PRINT NAME_ LeC_ /+
�j RECEIVED
AGENCY
JUL 1 9 2019
SIGNATURE � ���'
MP SECTION M
State of North Carolina I Emiionmental Quality I Coastal Management
127 Cardinal Dri%v Ext., Wilmington, NC 28405 919 796 7215

ROY COOPER
Gnsamnr
MICHAEL S. REGAN
l,{(I'�8Q 2019
�BRAXTON DAVIS
.NORTH Cakil A JUG 1 O 2019 Dircnnr, piv/xrm of U01109 /al
(�.>nirer.;nenlul tiro%;n. Mann en!
18 July-2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courler04-16-33)
areaa.bodnarlMncdenr.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1158 at 415 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Great Bodnar at the address above by 7 August 2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
—zThis 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 Sh//one- J �7 /Gi
AGENCY ✓, 31 /ffo; a f U041;w RECEIVED
SIGNATURE JUL 1 9 2019
DATE % �� fir!' MP SECTION MHD
State ofNonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405 9197967215

ROY COOPER
r`4 s MICHAEL S. REGAN
BRAXTON DAVIS
18 July 2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax:[phone] (Courier04-16-33)
gregq.bodnar(g)ncdenr.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1158 at 415 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by 7 August 2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
*"Additional comments may be attached"
_LZ 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 / "t i/t/L /"�" f�-
RECEIVED
AGENCY She �/�i U�.
' JUL I (1 J
SIGNATURE
nrP SECTION MHo
DATE
State of Nmh Carolina Hmimnmamd Qnzlay Coastal Management
127 Cwdinal Dave Ext., Wilmington, NC 28405 919 796 7215

"
ROY COOPER
` 3
Gmtnmr
MICHAEL S. REGAN
'yt
Secretary
BRAXTON DAVIS
NORTH CAROLINA
Dlrrelor. Dl,w,. nfC,.1,1
Lnvironmenial Quality
:lfmmgemem
18 July 2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnar0mcdenr.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1158 at 415 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Greats Bodnar at the address above by 7 August 2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
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 Jeffrey Rheubottom for Shannon Jenkins
AG NENE CY NCDMF Shellfish Santation
SIGNATURE
DATE 07-22-2019
IN
RECEIVED
JUL 2 3 2019
FAP SECTION MH®
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215

NORTH CAROLINA
F. nrrron trtenla! Ondily
18 July 2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-18-33)
ereoo. bodnar(rDncdenr.cov
SUBJECT: CAMA Major Permit Application Review
ROY COOPER
Oaremor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director, Divixlon ofCaagal
Managenunt
Applicant: Kevin Armstrong
Project Location: SR 1168 at 415 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Groan Bodnar at the address above by 7 August 2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
7 "*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME
AGENCY PLIA"G VV g 7 Q h J �f biP6� J e�/1 ✓0�
SIGNATURE
DATE 7— W I
State of North Carolina I Environmental Quality 1 Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215
RECEIVED
JUL 2 4.2019
MP SECTION MH®

ROY COOPER
Gommor
Z;
f H.
MICHAEL S. REGAN
Secretary
BRAXTON DAMS
t';.:
..- :.' AF )i ,iti,.
Director. Divwon r fConeral
Management
18 July 2019
MEMORANDUM:
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16.33)
grega.bodnar(g ncdenr.gov
SUBJECT: CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1168 at 416 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Grego Bodnar at the address above by 7 August2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"'
This agency has no comment on the proposed project.
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 P(4010V L V&r4i+r
AGENCY . NV a L' �O(411 / t/ (JG r'Cli� n 5pd Vl:O nS
SIGNATURE RECEIVED
DATE 07- 44- lq-
JUL 2 9 2019
State of North Carolina I Environmental Quality I Coastal hhr agment 127 Cardinal Drive Ect., Wilmington, NC 29405 919796 7215 M SECTION MIl D

4 %
Bodnar, Gregg
From: Jane Hodges <[e-mail]>
Sent: Monday, July 29, 2019 9:16 AM
To: Bodnar, Gregg
Subject: [External] Kevin Armstrong CAMA Permit
Attachments: CAMA Major Permit Review for Kevin Armstrong 001 jpg
We have no objections as long as he gets a building inspectors permit.
Jane Hodges
Hyde County Permit Technician/Hyde County Airport Manager
Administrative Assistant to the Hyde County Building Maintenance Director
P. 0. Box 95
30 Oyster Creek Road
Swan Quarter, N.C. 27885
1-252-926-4372 office phone
1-252-926-3701-office fax
1-252-925-1097-airport land line
1-252-943-4113-personal cell phone
RECEIVED
JUL 2 9 2019
V? SECTION MHD
t

Bodnar, Gregg
From: Thorpe, Roger
Sent: Tuesday, July 30, 2019 2:51 PM
To: Bodnar, Gregg
Subject: CAMA Major - Kevin Armstrong - Boatlift, Hyde County
G reg
The subject project will not require a State stormwater permit.
Roger
Roger K. Thorpe
Environmental Engineer
Division of Energy, Mineral, and Land Resources
North Carolina Department of Environmental Quality
252-948-3923 office
[e-mail]
Washington Regional Office
943 Washington Square Mall
Washington, NC 27889
Nothing Compares.....
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

ROY COOPER
MICHAEL S. REGAN
BRAXTON DAVIS
18 July 2019
MEMORANDUM.
FROM Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
gregg.bodnar( ncdenr.gov
SUBJECT CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1158 at 415 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by 7 August 2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
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 PxaiE.L LIVe—ll on-tGit�_
AGENCY b c M
SIGNATURE rfs z Q
DATE 4n Izl 2-3 1 q
RECEIVED
JUL 18 2019
DGMMEVED
AUG 2 2019
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dave Est, Wilmington, NC 28405 919 796 7215
reA QG/"'1t'IP�rI lA�U�

w
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmental Quality
TO: Gregg Bodnar, Major Permits Processing Coordinator
Division of Coastal Management
FROM: Rachel Love-Adrick, District Planner,-*
ment Division of Coastal Manage
SUBJECT: Major Permit request by Kevin Armstrong
DATE: August 2, 2019
Consistency Determination: The request is consistent with/not in conflict with the 2008 Hyde County
CAMA Core Land Use Plan certified by the CRC on March 28, 2008.
Project Overview: The 1.25-acre project site is located at 415 Firetower Rd adjacent to the Intracoastal
Waterway in Hyde County, North Carolina. The applicant proposes to add an uncovered 16ft x 28ft boatlift
onto an existing residential pier; with the addition of the proposed boat lift the applicant will have a total
of 3 slips. Existing on -site improvements include a single family residence and outbuilding. The shoreline
is stabilized with a concrete bulkhead and there is a docking facility that consists of 65ft x 5ft pier, an 11ft
x 33ft platform, 3ft x 6ft platform, 3ft x 3ft platform, 66ft x 1ft pier, a 14ft x 28ft boathouse and a single
pile jet ski lift (DCM General Permit 72415-B issued 18 August 2018).
The project is located in the following Areas of Environmental Concern (AEC): Estuarine Waters (EW) and
Public Trust Area (PTA). The project is located on the Intracoastal Waterway that is designated as SC;NSW,
is not a Primary Nursery Areas (PNA), and is closed to shellfishing.
A review of wetlands (Coastal/404), SAV, historic, and archaeological resources was not provided.
Anticipated impacts The proposed activities will shade 448 ft2 of non -vegetated wetlands river -bottom,
and construction of the boatlift will result in localized turbidity.
Basis for Determination:
RECEIVED
D_OFQV
.
MP
North Carolina Department of Environmental Quality ! Division of Coastal Management
Morehead City Office 3 400 Commerce Avenue I Morehead City, North Carolina 28557
252.8082808
AUG 2 2019
SECTION MHD

The 2008 Hyde County CAMA Core Land Use Plan Future Land Use Map (FLUM) designates the project site
on land as "Open Space/Vacant", and all AECs as "Unbuildable Land", which limits development to 15A
NCAC 7H use standards.
Policies - Conservation
P.30 Residential, commercial, and industrial development which meets 15A NCAC 7H use standards will
be allowed in estuarine shoreline, estuarine water, and public trust areas. In all other areas, development
will be allowed that is consistent with applicable local, state, and federal regulations.
RECEIVED
AUG 2 2019
P>l9aP SECTION IVIED
Papvbs�f M f mhvmnbl µMp�
North Carolina Department of Environmental Quality i Division of Coastal Management
Morehead City Office 1400 Commerce Avenue Morehead City, North Carolina 28557
252.808.2808

DWR Project No. 19-0966
ROY COOPER
Gavemor
4
s
NORTH CAROLINA
Environmental Quality
18 July 2019
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33J
gregg. bodnar(o)ncdenr.gov
SUBJECT: CA MA Major Permit Application Review
Applicant: Kevin Armstrong
MICHAEL S. REGAN
Sevviary
BRAXTON DAVIS
Director, DivWan of Coastal
Management
Project Location: SR 1158 at 415 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by 7 August 2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: X This agency has no objection to the project as proposed. No written concurrence required.
"*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 Anthony Scarbraugh
AGENCY DWR
RECEIVED
E®
JUL 2 d 2019
SIGNATURE
MP SECTION MSS®
DATE
07/24/19
State of Noah Carolina 1 Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 7967215

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Dimclor
Kevin H. Armstrong
415 Firetower Road
Belhaven, NC 27810
0 NOT A CAMA PERMIT
NORTH CAROLINA
Environmental Quality
August 13, 2019
DWR # 19-0966
HYDE County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Kevin Armstrong Dock Addition —415 Firetower Rd, Belhaven
Dear Mr. Armstrong:
The Division of Water Resources (DWR) has received a copy of your CAMA Major application modification
request. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the
CAMA Major Permit and General Permit(s)198000291 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 150E by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition
is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received
in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
RECEIVED
AUG 1 9 2019
North Carolina Department of Environmental Qualify' f Di AIT4110N M H D
Washington Regional Office 1943 Washington square Mall l Washington. North Carolina 27889
252.946.6481

If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
KEVIN ARMSTRONG
D W R# 19-0966
401APPROVAL
Page 2 of 2
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252-948-3924 or [e-mail] if you have any questions or
concerns.
Sincerely,
Raba TA4.k vut
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Enclosures: GC 4175
Certification of Completion
cc: Gregg Bodnar, DCM Morehead City Office (via email)
Kevin Hart, DCM WaRO (via email)
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Laserfiche
AUG 1 9 2019
MP SECTION MH®

Received: 07/19/2019
State Historic Preservation OfficeROY COOPER
Governor
MICHAEL S. REGAN
is
S"nrwy
BRAXTON DAVIS
NORTH CAROLINA Dircemr, M-Wnn nJCoastal
P"I", a mmnml oludinAlonagemem
18July 2019 ER 19-2304
MEMORANDUM:
Due -- 8/5/19
FROM: Gregg Bodnar, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-18-33J I�
gregg.bodnarCaD.ncdenr.gov A-
SUBJECT: CAMA Major Permit Application Review
Applicant: Kevin Armstrong
Project Location: SR 1158 at 416 Firetower Rd Belhaven, NC 27810 Hyde County NC
Proposed Project: Proposes to add an,additional boatlift to an existing private docking facility on
the Intercostal Waterway in Belhaven, Hyde County
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Gregg Bodnar at the address above by 7 August 2019. If you have any questions
regarding the proposed project, contact Kevin Hart [phone] when appropriate, in-depth comments with
supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached comments.
PRINT NAME Renee Gledhill -Earley
AGENCY
State Historic Preservation Office
DECEIVE®
AUG 1 9 2019
SIGNATURE �- ��� SECTION WD
DATE
Stan of North Carolina I Enviro unntal Quality l Coaaal hlanagemem JUL 2 2 2ols
127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215

Bodnar, Gregg
From: Bland, Raleigh W CIV CESAW CESAD (US) <[e-mail]>
Sent: Monday, August 26, 2019 3:51 PM
To: Bodnar, Gregg
Subject: RE: [External] RE: Kevin Armstrong
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to [e-mail]<mailto:[e-mail]>
Kevin Armstrong SAW 2019-01483 PGP 198200291 Your Date
Hope this helps!
Thanks!
-----Original Message -----
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Monday, August 26, 2019 12:57 PM
To: Bland, Raleigh W CIV CESAW CESAD (US) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] RE: Kevin Armstrong
Perfect. Thanks again!
Gregg
-----Original Message -----
From: Bland, Raleigh W CIV CESAW CESAD (US) <[e-mail]>
Sent: Monday, August 26, 2019 12:53 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] RE: Kevin Armstrong
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to repo [e-mail]<mailto: repo [e-mail]>
I will have you something asap or first thing Tuesday am. Thanks!
-----Original Message -----
From: Bodnar, Gregg [mailto:[e-mail]]
Sent: Thursday, August 22, 2019 8:01 AM
To: Bland, Raleigh W CIV CESAW CESAD (US) <[e-mail]>
Subject: [Non-DoD Source] Kevin Armstrong
Hey Raleigh,

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
2
3.
4.
APPLICANT'S NAME: Kevin Armstrong
LOCATION OF PROJECT SITE: 415 Firetower Rd (SR # l 158) Belhaven, Hyde County
Photo Index- 2006: 125-8919 F8
Latitude 35°33' 16.17" N
INVESTIGATION TYPE: CAMA
INVESTIGATIVE PROCEDURE
2000: 123-1416 M8
Longitude 76°26'24.67" W
Dates of Site Visit — 6/25/2019
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received Complete —26 June 2010
Office - Washington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — 2008 Hyde County Land Use Plan
Land Classification From LUP- Conservation (Land) and Conservation (Water)
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - None
Planned -None
(F) Type of Structures: Existing — Single Family Residence, Pier, jet ski lift, and
boathouse
Planned — Uncovered boatlift
(G) Estimated Annual Rate of Erosion: Oft over last year.
Source - Applicant
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTt IEtz
(A) Vegetated Wetlands
Wooded Wetlands
(B) Non -Vegetated Wetlands
River Bottom
448ft2 shaded
(shaded)
(C) Other
Upland
(D) Total Area Disturbed: 448ftz
(E) Primary Nursery Area: No
(F) Water Classification: SC, NSW Open: No RECEIVED
8. PROJECT SUMMARY: The applicant proposes to add an additional boatlift to an existing private
docking facility on the Intercoastal Waterway in Belhaven, Hyde County JUL 1 8 2019
P SECTION MVID

Kevin Armstrong
Hyde County
PROJECT SETTING
Kevin Armstrong has submitted a Major CAMA request to add an additional boatlift on a private
residential pier on the Intercoastal Waterway. The 1.25-acre site is located at 415 Firetower Rd (SR
✓I l 158) in Belhaven, Hyde County. The property is a maintained lawn with a single family residence
and outbuilding. The shoreline is stabilized with a concrete bulkhead and there is a docking facility
that consists of 65ft x 5ft pier, an l i ft x 33ft platform, aft x 6ft platform, aft x 3ft platform, 66ft x 1 ft
pier, a l4ft x 28ft boathouse and a single pilejet ski lift (DCM General Permit 72415-B issued 18
August 2018).
The property to the West is undeveloped with a shoreline that is not protected and the property to the
East is a maintained lawn with a rip rap shoreline. There is a remnant pier 600ft to the West and the
old bridge causeway 200ft to the East. The Intercostal Waterway is 300ft wide at the project site.
Water depths at the project location are -5.5ft below NWL.
The Intercoastal Waterway at the project site is classified as SC, NSW by the Environmental
Managemenf Commission and as joint waters by the North Carolina Marine Fisheries Commission
and Wildlife Resources Commission. Water depths at the project. location are -5.5ft. The project
confirms to the'/, width rule and it is outside of the 15' riparian corridor. The Intercoastal Waterway
is closed to shellfish.
PROJECT DESCRIPTION
The applicant proposes to construct a l6ft x 28ft boatlift. With the addition of the proposed boat lift
the applicant will have a total of 3 slips.
ANTICIPATED IMPACTS
The project will result in localized turbidity due the construction of the boatlift. The boatlift will
shade 448ft2.
Kevin Hart-
26 June 2019
'Washington Regional Office
IN NA �
JUL 1 6 2019
MP SECTION MHD

June 25,2019
To whom it may concern:
_I,.Kevin Armstrong, plan toconstructa 16 x 28_Boat Lift tomyexisting -.
pier on my property located on the ICW. Boat Lift is for a 25 foot open
boat.
Kevin H. Armstrong
RECEIVED
JUL 1 b 2019
MP SECTION MHD
RECEIVED
JUN 2 6.2019
DCM-WARC

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hereb��ced!TY that I Pm at
(Got etc.) in 6z�,//C or county)
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(Water body) ent Proposed at the
to me. as shown below, the development m� be set
The applicant has described on> excluding
of tuna g feet {IS') �m rrry area of riparian access unless
above location. I �mderstand that aay cOttsh'nctt
back a minimum distauce
valved by me. waive
the
proposed but do notvnsh to w
I have no objection to the pto3 as
(I51) setback regnirement.
I have no objection to the Pro] as proposed and do wish to waive the {ls')
` setback requitement
I object to the project as ProPIS` -
1
ON ANDIOR DRA'WINO OF PROP SED de�� LOPNIENT
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JUL 1 g 2019
MP SECTION MHD
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Bodnar Gregg
From:
Hart, Kevin
Sent:
Thursday, August 01, 2019 3:12 PM
To:
Bodnar, Gregg
Cc:
Howell, Jonathan
Subject:
RE: Armstrong
Gregg,
According to Kevin Armstrong, Bruce Cameron has a strip of land between him and the high rise (DOT property).
Lawrence is the property manager for Mr. Cameron. Let me know if this will work.
Kevin
Kevin Hart
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
252-948-3936
^` Nothing Compares. ,. .
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Bodnar, Gregg
Sent: Wednesday, July 31, 2019 10:50 AM
To: Hart, Kevin <[e-mail]>
Subject: Armstrong
Morning Kevin,
I'm having trouble figuring out the riparian notification for the property to the east (not Weyerhaeuser). It looks like the
MP-4 form has a Bruce Cameron as the riparian, the notification letter has a WE Law Fence Company? as the signature,
and it looks as though it is up against SR 1158 which would mean DOT?
Thanks for helping clear this up for me,
G regg

D_EQ
Gregg Bodnar
Assistant Major Permits Coordinator
Division of Coastal Management
Department of Environmental Quality
252 808 2808 ext 215 (Office)
Grnvv,B [e-mail]_
Email correspondence to and from this address is subject to the
North Carolina Public Records tow and may be disclosed to third parties.

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04t01 t2013 02:51:41 PM
E MERITA LEWIS-SPENCER, HYPE COUNTY. NC
Deed of Trust
7T# Z4 �5o2y
Return To: JP an C e Bank, A. ,,�,� ��
Collateral, ling uments Chk�apo�T}8e
rg
P,O. Heic 800 onroe 71203 Servicellnk DNielon
Prepared By: Christopher Clark 4000 Industrial Blvd
1111 Polaris Pkwy Alinuippa, PA 16001
4th Floor
Columbus, OH 43240
Definitions. words used in multiple sections of this document are defined below and other words are
defined in Sections 3, 11, 13, 18, 20 and 2 L Certain rules regarding the usage of words used in this
document are also provided in Section 16.
(A) `Security Instrument" means this document, which is dazed January 23, 2013, together with all
Riders to this document.
(B) "Borrower" is KEVIN H. ARMSTRONG , Kimberly Armstrong. Borrower is the trustor under
this Security Instrument.
(C) 'Lender" is Morgan Chase Bank, N.A.. Lender is a National Banking Association organized
and existing under the laws of the United States. Lender's address is 1111 Polaris Parkway, Floor 4J,
Columbus, OH 43240 . Lender is the beneficiary under this Security Instrument. (C-1) The name of
the Mortgage Broker is N/A.
(D) "Trustee" is Servicelink Title - NATL VENDOR.
(E) "Note " means the promissory note signed by Borrower and dated January 23, 2013. The Note
states that Borrower owes Lender seventy thousand six hundred eighty-one and 00/ 100 Dollars (U.S.
1304357307
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(F) 'Property" means the property that is described below under the heading "Transfer of Rights in
the Property."
(G) 'Loan " means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders " means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
❑ Adjustable Rate Rider
❑ Balloon Rider
❑ VA Rider
❑ Condominium Rider ❑ Second Home Rider
❑ Planned Unit Development Rider ❑ 1-4 Family Rider
❑ Biweekly Payment Rider ❑ Other(s) [specify]
(1) "Applicable Law " means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable
final, non -appealable judicial opinions.
(,n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and
other charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to
debit orcredit an account. Such term includes, but is not limited to, point -of -sale transfers, automated
teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L) "Escrow Items " means those items that are described in Section 3.
(M) "Miscellaneous Proceeds " means any compensation, settlement, award of damages, or proceeds
paid by any third party (other than insurance proceeds paid under the coverages described in Section
5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any
part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or
omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default
on, the Loan.
(0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest
under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) " RESPA"means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and
its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from
time to time, or any additional or successor legislation or regulation that governs the same subject
��I ��J 1304357307
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(Q) "Successor in Interest ofBorrower"means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
Transfer of Rights in the Property. This Security Instrument secures to Lender: (i) the repayment
of the Loan, and all renewals, extensions and modifications of the Note; and (d) the performance of
Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,
Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with
powerof sale, the following described property located in the COUNTY [Type of Recording Jurisdiction]
of [Name of Recording Jurisdiction]: See Attached
Parcel D Number: 3585 which currently has the address of 415 FIRE TOWER RD [Street] Belhaven
[City], North Carolina 27810 (Zip Code] ("Property 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 easements,'
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall
also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument
as the "Property"
BORROWER 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 record. Borrower warrants and will defend generally the title to the Property against all claims and
demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering
real property.
Uniform Covenants. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or
this Security Instrument is retuned to Lender 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 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) Electronic Funds Transfer.
Payments are deemed 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 Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient
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way "Mpt any payulent or partrar payment msurrtctent to onng me Loan current, wrmout waiver or 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 are accepted. If each Periodic
Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or
return them to Borrower. If not applied earlier, such funds will be applied to.the outstanding principal
balance under the Note immediately prior to foreclosure. 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 be applied in the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining 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 from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late
charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can 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
shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due
for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as
a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any;
(c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage
Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow
Items." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts
to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time, Any such waiver may only
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may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes
be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant
and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower 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 Items at any time 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) not to exceed the maximum amount a lender can
require under RESPA, Lender shall estimate the amount of Funds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, 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 Lender 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 on the Funds. Borrower and -Lender can agree in writing, however, that interest
shall be paid on the Funds. Lender 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 under 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. Charges; Liens. 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 Escrow Items, Borrower shall pay them in the manner provided in Section 3.
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by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate
to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) 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, Borrower shall satisfy the lien or take
one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance.
This insurance shall be maintained in the amounts (including deductible levels) and for the periods that
Lender requires. What Lender requires pursuant to the preceding sentences can change during the terns
of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's
right to disapprove Borrowers choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type
or amount of coverage. Therefore, such coverage shall cover 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 lessercoverage than was previously in effect. 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 ofdisbursementand shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lenderas 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 Lender all receipts of paid premiums and renewal
notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
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In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender, Lender may
make proof of 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 economically 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 Lender has 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 or in 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. Fees for public adjusters, or other 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 Lender's security would be lessened, the
insurance proceeds shall be applied to the sums secured by this Security Instmmcnt, whether or not then
due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order
provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period
will begin when the notice is given. In 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 cither
of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under
all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the
Property. Lender may use the insurance proceeds eitherto repairer restore the Property or to pay amounts
unpaid under the Note or this Security Instrument, whether or not then due.
6.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 Borrowers principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances
exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower 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
order to prevent 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 Lender has released proceeds for such
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completion of such repair or restoration.
Lenderor its agent may make reasonable entries upon and inspections of the Property. If ithas 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.
8. 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 the Property as
Borrowees principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security
Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property
and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation
or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to
enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay
for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this
Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or
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 Instnunent; (b) appearing in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under 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 off. 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 disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
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 Insurance. 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 separately designated
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alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage
is not available, Borrower shall continue to pay to Lender the amount of the separately designated
payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of
Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan
is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on
such loss reserve, if permitted under Applicable Law. Lendercan no longer require loss reserve payments
if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an
insurerselected 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, Borrower 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 Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are
on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any
source of funds that the mortgage insurer may have available (which may include funds obtained from
Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage insurers risk, or reducing losses. If such agreement
provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the
premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
(A) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the
amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any
refund.
(B) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1999 or any other law. These
rights may include the right to receive certain disclosures, to request and obtain cancellation
of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or
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11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During
such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until
Lenderhas 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 pay for the repairs
and restoration in a single disbursement or in a series of progress payments as the work is completed.
Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security
would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess,
if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured
by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by
the following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount
of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower
and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrurrient whether or not the sums are then due,
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower
Nis to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair ofthe Property orto the sums secured
by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes
Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to
Miscellaneous Proceeds.
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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 are 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 Lender 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 any 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, Lenders acceptance of payments from third persons,
entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be
a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute. the Note (a "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 personalty obligated to pay the sums
secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to
extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument
or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrowers 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 Lender.
14. Loan Charges. Lender 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, attomeys' fees, property inspection and valuation fees.
In regard to any other fees, the absence of express 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
charge fees that are expressly prohibited by this Security Instrument or by Applicable Law.
1304357307
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poi atalACu turms, tnen: ta) any such loan cnargc snag Oe reoucca oy me amount necessary to rec uce me
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to 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 be treated as a partial prepayment without any prepayment charge (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising
out of such overcharge.
15. 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 requires otherwise. The notice address shall be the Property Address
unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender 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 will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any requirements and limitations of
Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or
it might be silent, but such silence shall not be construed as a prohibition against agreement by contract.
In the event that any provision or clause of this Security Instnunent or the Note conflicts with Applicable
Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to
take any action.
17. Borrowers Copy. Borrower shall be given one copy of the Note and of this Security Instrument
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited
to, 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 oftitle by Borrower at a future date to a purchaser.
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Instrument. However, this option shall not be exercised by lender if such exercise is prohibited by
Applicable law.
If Lenderexercises this option, Lender shall give Botrowernotice 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 to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time
prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained
in this Security Instrument; (b) such other period as Applicable Law might specify for the termination
of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security
Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants
or agreements; (e) pays all expenses incurred in enforcing this Security Instrument, including, but not
limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for
the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and
(d) takes such action as Lender may 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 Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement
sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money
order; (c) certified check, bank check, treasurers 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. 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 Loan Servicer; Notice of Grievance. The Note orapartial interest
in the Note (together with this Security Instrument) can be sold one or more times without prior notice
to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects
Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be
one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan
Servitor, Borrower will be given written notice of the change which will state the name and address of
the new Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan
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.
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ocw,ny ulauulrmua U1 ulaa W10803 coat umc oulm party non oreaunou ally provision or, or any uury oweu
by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with
such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded
the other party hereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which must elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to
Borrower pursuant to Section 18 shall be deemed to satisfy 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 Law and
the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides
and herbicides, 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 environmental protection; (c) "Environmental Cleanup" includes any
response action, remedial action, or removal action, as defined in Environmental Law; and (d) an
"Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not
do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release 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 Property 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 governmental or regulatory agency or private parry 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 learns, or is notified
by any governmental or regulatory authority, or any private party, that any removal or other remediation
of any Hazardous Substance affecting 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 -Uniform Covenants. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration
following Borrower's breach of any covenant or agreement in this Security Instrument (but
13w3r`730i
NORTH CAROLINA-"Ia FanMFanne MadFmddi Mx UNIFORM INSTRUMENT p1^SO 1'017
VMPO Qi
NANera Kb", Fir miW Sews 201 W22a.000.A002.IM110929Y Indab' PayeUdl7
11111111111 UN
JUL 3 1 2019
MP SECTION MIS®
RECEIVE®
JUN 2 6 7019
OCM-WARO

--+- ---^ "'— —..-.. ...,.." " a.".. .v u.➢evwel, u] W11NRl nle uelaull must
be cured; and (d) that failure to cure the default on or before the date specified in the notice
may result in acceleration of the sums secured by this Security Instrument and sale of the
Property. The notice shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any
other defense of Borrower to acceleration and sale. If the default is not cured on or before
the date specified in the notice, Lender at its option may require immediate payment in full
of all sums secured by this Security Instrument without further demand and may invoke the
power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled
to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, reasonable attorneys' fees and costs of title evidence.
If Lender invokes the power of sale, and if it is determined in a hearing held in accordance
with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding
notice of sale and shall give such notices to Borrower and to other persons as Applicable Law
may require. After the time required by Applicable Law and after publication of the notice
of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the
highest bidder at the time and place and under the terms designated in the notice of sale in
one or more parcels and in any order Trustee determines. Lender or its designee may purchase
the Property at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any
covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima
facie evidence of the truth of the statements made therein. Trustee shall apply the proeeid§
of the sale in the following order: (a) to all expenses of the sale, including, but not limited to,
Trustee's fees 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 shall apply whether before or after any judgment on the indebtedness .
evidenced by the Note.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall
cancel this Security Instrument. If Trustee is requested to release this Security Instnrment, all notes
evidencing debt secured by this Security Instrument shall be surrendered to Trustee. Borrower shall pay
any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only
if the fee is paid to a third party for services rendered and the charging of the fee is permitted under
Applicable Law.
24. Substitute 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 herein and by Applicable Law.
25. Attomeys' Fees. Attorneys' fees must be reasonable.
1304357307
NCR7H CAROIINASmple F.mdN.F.nne MaNFredle Mn UNIFORM INSrRUMEN7 J031 ,q,
VMPO 0 NI
4btenl(MN21 Fin•mW SeMGm 201301714.0.0.0 A002JT011001pY Inroab:� Pepe 15 o117
IIIIYI�II��IY�II���Y�Y�IYIH(��I
RECEIVED RECEIVED
JUL 3 1 2019
MP SECTION MHD
JUN 2 6 2019
DCM.WA.RO

Borrower
1 •.
1 L7.
ikBE.U1'A -Date
Seal
130a357W7
NORTH CAROUNAS0I91e FamN•Fsnnb M.WFreddin Mee UNIFORM INSTRUMENT 303. 1101
YMPO 00111
Wulkn NLwel F7naMol SeMm. 2013012210.0.0A002Jp20 20110Y Indu4'. ape 1Ed17
IY�Il�lll��l�a�ll� •III�I�N�MI�NI
RECEIVE® +
JUL 3 1 2019
lip SECTION MRC
RECEIVED
JUN 2 6 2019

County of Hyde
i % Aelmg G a notary public, do hereby certify that
6v;" 14. I�Itn,S7Rort�
(/,mbea11 F ems—,ieony
personally appeared before me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official statement or seal on Tpn u_g
. 4_l �
Notary
My commission expires: IX- 3—/ 3
(seal) Thelma G. Jefferson
ETHELMIA G JEFFERSON
tary Public
fort County
th Carolina
n Expires Dec 3, 2013
13d%7307
NORTH CAROLINAS-i's Famai-Fam, MaeFeme Mae UNIFORM INSTRUMENT F. 3034 TV
03111
Wlttxa 10m r Handal SeNicee 201301224.0 0.0.40024MII09M Inala4� Pave I d 117
I���I�II��I���II� IMII • ���������I� ul
RECEIVED
JUL 3 1 2019
Pe9P SECTION MHD
RECEIVED
JUN 2 6,.2019
DCM-WARD

ALL THAT PARCEL OF LAND IN TOWNSHIP OF CURRITUCK, HYDE COUNTY, STATE OF NORTH CAROLINA, AS
MORE FULLY DESCRIBED IN DEED BOOK 8, PAGE 809, IDN 3585, BEING KNOWN AND DESIGNATED AS A METES
AND BOUNDS PROPERTY.
COMMONLY KNOWN AS: 415 FIRE TOWER RD, BELHAVEN, NC
Tax/Parcel ID:3585
20248865
RECEIVED
JUN 2 6.2019
DCM.WARO

---I his is a word processing form to be completed in Microsoft Word"*
NC Division of Coastal Management
Major Permit Application Computer Sheet
(02/1512010)
Applicant: Kevin Armstrong
fhlc7H 9Mn1n
Project Site County Tyrrell County
Staff: Kevin Hart
District: ❑Elizabeth City ®Washington
❑Morehead City ❑Wilmington
Project Name: Kevin Armstrong
Rover File:
Date application "received as complete" in the Field office (EX:
1/S/2007): 4/1/2019
Permit Authorization:
SITE DESCRIPTION/PERMIT INFORMATION
: ❑Yes ®No
al Habitat❑Yes ❑Nq ❑Not Sure ..-
fS_A:
Photos Taken: Yes ❑ No®
. 15 foot waiver obtained: ❑Yes -®No
Setback Required (riparian): ❑Yes ON,
Hazard Notification Returned
❑Yes ❑No
❑Yes ❑No ®Not Sure
Sandbags: ❑Yes ❑No ❑ Not Sure
Shell Bottom: ❑Yes ®No ❑ Not Sure
Did the land use classification come from
county LUP: ®Yes ❑No
Temporary Impacts: Yes ®No
Mitigation Required (optional):
❑Yes ❑No
Moratorium Conditions: ❑Yes ❑No
®NA
Environmental Assessment Done:
❑Yes ❑No ®NA
SECORInAov1.1.111— .
••r I =n �L.raairn.,v r ION -OPTIONAL (choose MAX of 4)
❑ (404) Corp. of Engineers (Jurisdictional
wetlands)
❑ —PS) Sea lavender (Limonium sp.}
❑ (SS) Glasswort (Salicornia sp.)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
alterniflora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
spicala)
❑ (SC) Bullrush or three square (Scirpus
❑ (TY) Cattail (Typha spJ
sp.)
❑ (SP) SalVmeadow grass (Spartina
❑.(A) Black needlerush (Juneus
roemerianus)
patens)
ADDI In ATlnu CGO---
_-i
-
❑ No fee required - $0.00
❑rvatewF up to 1 acre; 3490
❑ III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
❑ Minor Modification to a CAMA Major
permit - $100
❑Major Modification to a CAMA Major
❑ IV Any development involvin D&F of
9
permit - $250
more than 1 acre - $475
❑ Permit Transfer- $100
® III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension reuest -
q
ll. Public or cormercial/no dredge
--
$100
and/or fill - $400
❑ III(C) Priv. public or Comm w /D&P to 1
RECEIVED
® I. Private no dredge andlor fill - $250
acre; 3490 can be applied; DCM needs
DWQ agreement - $400
J U L 1 B 2019
2 i2�II03-2EQa .. � :;&n-.i'2 C: C1:1 rT , w•N �y,rrcca+,: nicxr �it�.t<tetil<gn [.net � ��

MC Division of Coastal. Nmg4. Application Computer Sheet, Page 2 of 3)
Applicant: Kevin Armstrong
Date: 7/12/2019
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 w
:_Number
Choose
Choose
__Dimensional_.
_ Dimension 2-..
.Dimension 3. .
_ Dimension:4=
One
-
-
al
_ -
..;..:.New.Work.
O'..
,Replace.
,. .....,
..
...
ET
New Work•❑
Replace,_
Maint
0 -Y El N
--..------New
Work O--Replace----------_----
—----------
Maint ❑
❑ X ❑.N.
New Work ❑
Replaces.
Maint❑
❑ Y El IN
'New Work ❑
Replace
Maint❑
❑Y ON
New Work ❑
Replace-
Maiiit ❑
❑ Y ❑ N
New: Work ❑
Replace
Maint❑
❑.Y El
New Work ❑
Replace
Maint ❑
❑ Y El IN
New Work ❑
Replace
Maint ❑
❑ Y ❑,N
New Work ❑
Replace
Maint ❑
❑ Y 0 N
'
New ik_rk0
Replace
Maint ❑
❑ Y ❑'N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint-❑
q Y ,❑ N
New Work Li
Replace
Maint ❑
❑ Y ❑ N
New Work❑
-Replace
R�
E YE®
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
--. _..._ ..
.Maint❑. .
0Y.❑N_...._
New Work-❑
Replace
Maint ❑
❑'Y ❑N
Replace
•❑
MP SECTION
Maint0k❑
Maint❑
Y ❑ N
aYG
New Work.❑
Replace
Main(❑
❑ Y ❑ N
revised 02/15/10

MC. Division of, Coastal) Mgt. Application Computer 3iteet, Page 3 of 3)
Applicant: Kevin Armstrong
'Dale: 7/12/2019.
Describe below tfieiHABITAT disturbances for lhe'applicaUon: -All'values fiould match th'e name, and units of measuremerit -
found in your Habitat code sheet.
--
Habitat'Name
-
-
.----'(Applied,foc
. DISTURB+TYPE --
Choose'Qne ... _.
.
TOTAL;Sq;Ft..
-.(Anticipated
Disturbance total..
includes any,
_.
:anticipated .�.
restoration or '
•_tem im acts
FINAL;Sq.,Ft.
final.
,._.disturbance..
_. Excludes.any,
,;. restoretlon6 .
' and/or temp
- im ad amount -
TOTALFeet
(Applied for.:
.' Disturbance -=
, total.includes ,_Excludes
_any.anticipate&--.
'resloration' or' ..
(em im ads
-FINAL;Fee,t
(Anticipated Mal
-d Isturbance -
any,
restoration and/or
temp impact. -
-amount)
�Open Water
.: .._. .,.. .,;.Dredge❑...Fill❑.
- — — --
Both a❑ Other,®
--
448sq ft
..,. ..
,-..
.:. _,.
= = --
.. .. ..
•
Dredge,❑ Fill ❑ -Both [I Other. ❑ .
-
.. -
-
`Dredge.❑ Fill ❑ Both ❑ Other ❑
-`
Dredge El Fill ❑ Both ❑ Other ,❑
Dredge [I Fill ❑ Both. ❑ Other ❑
Dredge ❑ Film❑ 'Both,❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge❑ Fill ❑ Both ❑ Other ❑
-
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ fill ❑ Both ❑ other
Dredge ❑ Fill ❑ Both ❑. Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
RIECEIVED
JUL 3 1 2019
MP SECTION MHD
252+8M2808 :: 1.888-4RCOAST is www:ncrousiflimari eman t.nai revised; 0211.5110

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Kevin H Armstrong
415 Firetower Rd
Belhaven, NC 27810
�yd � ^ y',QygNti
NORTH CAROLINA
Environmental Quality
15 July 2019
Dear Mr. Turner:
The NC Division of Coastal Management hereby acknowledges receipt of your application
for State approval for development of your property located off SR 1158 at 415 Firetower
Rd Belhaven Hyde County North Carolina. It was received on 26 June 2019, and appears to
be adequate for processing at this time. The projected deadline for making a decision is 06
September 2019. An additional 75-day review period is provided by law when such time is
necessary to complete the review. If you have not been notified of a final action by the initial
deadline stated above, you should consider the review period extended. Under those
circumstances, this letter will serve as your notice of an extended review. However, an
additional letter will be provided on or about the 75th day. Kevin Hart, Field Representative
for the Division of Coastal Management is responsible for processing your permit and he can
be reached at 252-948-3936 or via email at kevin.hart(@ncdenr.gov if you have any questions.
If this agency does not render a permit decision within 70 days from 26 June 2019, you
may request a meeting with the Director of the Division of Coastal Management and permit
staff to discuss the status of your project. Such a meeting will be field within five working
days from the receipt of your written request and shall include the property owner,
developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the
proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which
must be posted at the property of your proposed development. You should post this notice
at a conspicuous point along your property where it can be observed from a public road.
Some examples would be: Nailing the notice card to a telephone pole or tree along the road
right-of-way firontingyour 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.
It E JUL 1 8 2019
aa,cw�ar..ee.ww nor\�//'
North Carolina Department of Environmental Quality I Division of Coastal ManagemenF h M SECTION RIPM
?..9
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215
Morehead Cily Office 1 400 Cnmmrrrr Avem,x i AAnrnl+Pad ru+, m—,, rr—iim, oacai i oc-r ono on.

An onsite inspection will be made, and if additional information is required, you will be
contacted by the appropriate State or Federal agency. Please contact me if you have any
questions and notify me in writing if you wish to receive a copy of my field report and/or
comments from reviewing agencies.
Sincerely,
Kevin Hart
Coastal Management Representative
Division of Coastal Management
Washington Regional Office
Enclosure
Cc: Gregg Bodnar - Assistant Major Permit Coordinator
WaRO
RECEIVED
JUL 1 g 2019
PIS' SECTION M111)
6� EQ>
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1947 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 284051 910,796.7215
Mn...6..ed rb., nlA.... � ♦nn r........ �.._. �.._....., i w _� ern.. ..__.,. .._... o.... ...... i .�...............

APPLICANT:
-1�Pyin R- Krrns-krona
�11ri Fire-Yower VA
T' A)naven - Ne �'1RIn
ia52 oI4-� -Zt 3R
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�� I�SPV in 'Nart � �eOrPSPftip,-f'j V�
Ne Div " oasi-al Mttnaoeme-n-H
�1 3 WQshlnaj'bn Sa Mall v
(asa)gy,g - 39 3to

ROY COOPER NORTH CAROLINA
Governor Envlronmenta(Quallty
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
NOTICI. OF FILING
OF APPLICATION FOR
CAMA MAJOR DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S.
113A-I 19(b) that an application for a development permit in an Area of Environmental Concern as designated under
the Coastal Area Management Act (CAMA) was received on 26 June 2019. According to the said application
submitted by Kevin Armstrong, applicant proposes to add an additional boatlift to an existing private docking facility
on the Intercostal Waterway in Belhaven, Hyde County.
A copy of the entire application may be examined or copied at the office of Jonathan R. Howell, District
Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours.
Public comments received by 06 August 2019 will be considered. Later comments will be accepted and considered
up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of
the permit decision in this matter will be provided upon written request.
Please publish on: 17 July 2019
Kevin Hart
Coastal Management Representative
NC Division of Coastal Management
943 Washington Square Mall
Washington, North Carolina 27889
[phone]
RECEIVED
JUL 1 8 2019
QECTION MHO
North Carolina Department of Environmental Quality I Division of Coastal Management
Washington OffIce 1 943 Washington Square Mall I Washington North Carolina 27889
252.946.6481

NC Division of Coastal Management
Cashier's Official Receipt
Received From: K�uj� r1Q/ti T jYttlnl C
Permit No.: _ i'_JA i71 tL c nM�
. ,
Applicant's Name:- A.l. V l,"I/ /' klii jpl/ L
Project Address: r
7575 AOB C D
Date: Z .R4 L, 20 1 9
s �S'o.©6
Check No.: S6
j
I
County:. 4 F
Please retain receipt for your records as proof of payment for permit issued.
Signature of Agent or Applicant: )/�—
Signature of Field Representative: — f
Date:
Date:
LJU
rn
"
co 0
�}'.'eaj'-
=D LU

MAJOR ]P EWWT
------____----- ------
}EIEIE MA'ICli X
A>p11ftnt: &VO
AEmsmd c
Selection
Development Type
Pee
DCI:A %
DWO %p
(1430016014351000931029'0253)
(243001002 435100095 2341)
I: Private, non-commercial
development that does not
involve the filling, or
$250
100%($250)
0%0 f$0)
'
excavation of any wetlands
3
or open water areas:
II. Public or commercial
development that does not
Involve the filling or
$400
100% ($400)
0% ($0):
excavation of any wetlands
r
or o n water areas:
Major Modification to a
CAMA Ma'or ermit
$250
100% ($250)
MOP)
'
I0 For development that
Involves the filling and/or
excavation of up to 1 acre
of wetlands and/or open
a
water areas; determine if A,
B C or 0 below a lies:
111(A). Private, non-
commercial development, if
General Water Quality
$250
100% ($250)
0% ($0)
Certification No. 3490 (See
attached can be a lied:
III(B). Public or commercial
(�
development, if General
Water Quality Certification
$400
100%.($400)
0% ($0)
No. 3490 (See, attached),
can be applied:
III(C). If General Water
Quality Certification No.
3900 (see attached) could
$400
60% ($240)
40% ($160)
be:applied, but DCM staff
determined that additional
review and written DWQ
concurrence is needed
because of concerns
related to water quality or
aquatic life:
III(D). If General Water
Quality Certification No.
3900 (see attached) cannot
$400
60% ($240)
40% ($160)
be a lied;
E
3
IV. For development that
4
Involves the filling and/or
excavation of more than
$475
60% ($285)
40% ($190)
one acre of wetlands and/or
JUL 1 8 2019
c en waterareas:
MP
SECTION MH®
E