Loading...
HomeMy WebLinkAbout88-19 Strickland, DonaldPermit Class NEW Permit Number 88-19 STATE OF NORTH CARbLINA Department of Envirowental Quality n and 0 Coastal Resources Commission 10 �rrrrYit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Issued to _ Donald M. Strickland, 230 Livingston Chapel Rd., Delco, NC 28436 Authorizing development in Perauimans County at adi. to Albemarle Sound, at 102 Osprey Lane, in Hertford as requested in the permittee's application dated 9/5/19, including attached workplan drawings (3), Pages 1,2 of 3 dated 9/5/19 and Page 3 of 3 dated 7/17/19. This permit, issued on November 13, 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 )i uiese terms may De suoject to Imes, imprisonment or civil action; or may cause me permit to oe null ana voia. Shoreline Stabilization - Bulkhead 1) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan drawings. 2) No open water shall be excavated or filled, even temporarily, outside of the approved bulkhead alignment. 3) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions, shall require the alignment to be re -staked by permittee and verified by DCM within a maximum of 30 days prior to the new expected start of construction. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 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. fp/ -Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee Donald M. Strickland Permit No. 88-19 r Page 2 of 3 ADDITIONAL CONDITIONS 4) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, or other suitable materials approved by Division personnel. 5) The bulkhead shall be constructed prior to any backfilling activities. 6) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. 7) The fill material shall be clean and free of any pollutants except in trace quantities. 8) All backfill material shall be obtained from a high ground source and confined behind the permitted bulkhead. 9) All fill material to be placed below normal water level shall be confined behind the permitted bulkhead. Sedimentation and Erosion Control 10) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfilling activities. Boat Ramp 11) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured entirely within a watertight containment structure. Live concrete shall not be allowed to contact waters of the State or waters that will enter waters of the State. 12) Excavation and ground disturbing activities, associated with the placement of the boat ramp, above and below the normal water line shall be limited to that absolutely necessary to establish adequate ramp slope and provide a ramp no greater in size than specified in the attached permit application and workplan drawings. Observation Pier 13) This permit authorizes only the pier, platform and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this observation pier without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 14) This permit does not authorize any formalized boat slips. 15) 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. Donald M. Strickland Permit No. 88-19 Page 3 of 3 ADDITIONAL CONDITIONS 16) 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. Upland Development 17) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the clearing and site preparation of the above referenced property, all as expressly and specifically set forth in the attached permit application and workplan drawings. Stormwater Management 18) The Division of Energy, Mineral and Land Resources (DEMLR) has determined this project may require a Stormwater Management permit. The permittee shall receive a Stormwater Management permit from DEMLR prior to the initiation of any construction. Any violation of the permit approved by DEMLR shall be considered a violation of this CAMA permit. General 19) 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. 20) 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. 21) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations'that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2019-1959). 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. 19-1398. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination.. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVIS N OF COASTAL MANAGEMENT APPLICATION TRAM MITTAL AND PROCESSING RECORD Gteoe%Nj D APPLICANT: Donald Strickland COUNTY:Perquimans OCj 10 Jp PROJECT NAME: Bulkhead/Pier Replacement, Boat Ramp LOCATION OF PROJECT: 102 Osprey Lane, Lots I & 2 pCM'M DATE APPLICATION RECEIVED COMPLETE BY FIELD: 9-30-19 FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Renaldi DISTRICT OFFICE: ELIZABETH CITY DISTRICT MANAGER REVIEW: Date lO(Lo�.�ol9 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $400 (60140) # III(D) APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 10-16-19 END OF NOTICE DATE: 11-5-19 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 12-14-19 EMAIL OUT DATE: 10-10-19 PERMIT FINAL ACTION: ISSUE DENY 150 DAY DEADLINE: STATE DUE DATE: 10-31-19 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep I0124 54. r DCM - LUP Consistency Determination tOl Zt L 7 Local Permit Officer Corps of Engineers - Regulatory Branch (t 0 DWR-401 Section `/ 1o(II'( �g -137v DWR-Public Water Supply l'/( >c DEMLR-Stormwater t %t!/(4 Stn� Tu+�w r" Rsi DEMLR - Sediment & Erosion (o(Z I ( A( DOA - State Property Office Wildlife Resources Commission It 1 %� DMF - Shellfish Section t0/It I( )c DMF - Habitat & Enhancement DNCR-Archives & History Ii DNCR -Natural Heritage Program NCDOT Rural Development Division t�119 ROY COOPER NORTH CAROLINA Governor Environmental Quality MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director MEMORANDUM TO: Gregg Bodnar, Assistant Major Permits Coordinator THROUGH: Ron Renaldi, District Manager Q. A. %? DATE: October 21, 2019 SUBJECT: Donald M. Strickland Major Permit Recommendations The applicant proposes to construct a bulkhead 2' waterward of an existing breached bulkhead alignment, backfill a large eroded area, install a boat ramp, construct a pier with a platform and grade the highground area. The site of the proposed development is on two Lots (Lot 1 & 2) addressed as 102 Osprey Lane (SR#1465), Hertford, Perquimans County, adjacent to the Albemarle Sound. The development proposal involves the Public Trust Area (PTA), Estuarine Waters (EW), and Estuarine Shoreline (ES) Areas of Environmental Concern (AEC's). I have reviewed the Rules of the Coastal Resources Commission (CRC) as they pertain to this project and my findings are as follows: 15A NCAC 07H.0208 Use Standards Paragraph (a) addresses General Use Standards, and sub -paragraph (1) precludes uses that are not water dependent within the EW and PTA and lists uses that may be considered water dependent. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(A) states that the location, design, and need for development, as well as the construction activities involved shall be consistent with the management objective of the Estuarine and Ocean System AEC and shall be sited and designed to avoid significant adverse impacts upon the productivity and biologic integrity of coastal wetlands, shellfish beds, RECEIVED D. Q5 OCT 31 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 301 1 Elizabeth City. North Carolina 27909 Gregg Bodnar, Assistant Major Permits Coordinator Donald M. Strickland Major Permit Recommendations October 21, 2019 Page 2 submerged aquatic vegetation as defined by the Marine Fisheries Commission, and spawning and nursery areas. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(B) states that development shall comply with state and federal water and air quality standards. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(C) states that development shall not cause irreversible damage to documented archaeological or historic resources as identified by the N.C. Department of Cultural Resources.. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(D) states that development shall not increase siltation. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(E) states that development shall not create stagnant water bodies. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(F) states that development shall be timed to avoid significant adverse impacts on life cycles of estuarine and ocean resources. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (a)(2)(G) states that development shall not jeopardize the use of the waters for navigation or for other public trust rights in public trust areas including estuarine waters. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (b) addresses Specific Use Standards. Of these, subparagraphs (6) Piers and Docking Facilities and (7) Bulkheads pertain to this project, and those subparagraphs not listed are not applicable to this project. Paragraph (6) Piers and Docking Facilities Subparagraph (6)(A) states that piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Donald M. Strickland Major Permit Recommendations October 21, 2019 Page 3 Subparagraph (6)(B) states that the total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions do not apply to marinas. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(C) states that piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(F) states that piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use. Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (6)(G) states that pier and docking facility length shall be limited by: (i) not extending beyond the established pier or docking facility length along the same shoreline for similar use; (This restriction does not apply to piers 100 feet or less in length unless necessary to avoid unreasonable interference with navigation or other uses of the waters by the public); Consistent: The proposed development is consistent with the intent of this rule. (ii) not extending into the channel portion of the water body; Consistent: The proposed development is consistent with the intent of this rule. (iii) not extending more than one-fourth the width of a natural water body, or human -made canal or basin. Measurements to determine widths of the water body, canals or basins shall be made from the waterward edge of any coastal wetland vegetation that borders the water body. The one-fourth length limitation does not apply in areas where the U.S. Army Corps of Engineers, or a local government in consultation with the Corps of Engineers, has established an official pier -head line. The one-fourth length limitation does not apply when the proposed pier is located between longer piers or docking facilities within 200 feet of the applicant's property. However, the proposed pier or docking facility shall not be longer than the pier head line established by the adjacent piers or docking facilities, nor longer than one-third the width of the water d�EIVED Consistent: The proposed development is consistent with the intent of this rule. OCT 31 2019 DCM-MHD CITY Gregg Bodnar, Assistant Major Permits Coordinator Donald M. Strickland Major Permit Recommendations October 21, 2019 Page 4 Subparagraph (6)(I) states that piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The proposed development is consistent with the intent of this rule. Paragraph (7) Bulkheads Subparagraph (7)(A) states, "Bulkhead alignment, for the purpose of shoreline stabilization, shall approximate the location of normal high water or normal water level." Inconsistent: The proposed bulkhead alignment averages ±24.4' waterward of NWL. However, this is due to a breached bulkhead and accelerated erosion of the highground area. Subparagraph (7)(B) states, "Bulkheads shall be constructed landward of coastal wetlands in order to avoid significant adverse impacts to the resources." Consistent: The proposed development is consistent with the intent of this rule. Subparagraph (7)(C) states, "Bulkhead backfill material shall be obtained from an upland source approved by the Division of Coastal Management pursuant to this Section, or if the bulkhead is a part of a permitted project involving excavation from a non -upland source, the material so obtained may be contained behind the bulkhead." Consistent: The applicants have indicated that clean fill will be used. Subparagraph (7)(D) states, "Bulkheads shall be permitted below normal high water or normal water level only when the following standards are met: (i) the property to be bulkheaded has an identifiable erosion problem, whether it results from natural causes or adjacent bulkheads, or it has unusual geographic or geologic features, e.g. steep grade bank, which will cause the applicant unreasonable hardship under the other provisions of this Rule; Consistent: The proposed development is consistent with the intent of this rule. This property appears to have had a functioning bulkhead in 2017 that was subsequently breached prior to Tropical Storm Michael in 2018. That storm as well as strong seasonal SW winds and Hurricane Dorian significantly increased the shoreline erosion. (ii) the bulkhead alignment extends no further below normal high water or normal water level than necessary to allow recovery of the area eroded in the year prior to the date of application, to align with adjacent bulkheads, or to mitigate the unreasonable hardship resulting from the unusual geographic or geologic features; Consistent: The proposed development is consistent with the intent of this rule. Gregg Bodnar, Assistant Major Permits Coordinator Donald M. Strickland Major Permit Recommendations October 21, 2019 Page 5 (iii) the bulkhead alignment will not adversely impact public trust rights or the property of adjacent riparian owners; Consistent: The proposed development is consistent with the intent of this rule. (iv) the need for a bulkhead below normal high water or normal water level is documented by the Division of Coastal Management; Consistent: The proposed development is documented in a Field Investigation Report. (v) the property to be bulkheaded is in a nonoceanfront area. Consistent: The proposed development is consistent with the intent of this rule. 15A NCAC 07H.0209 Coastal Shorelines (c) Management Objective. The management objective is to ensure that shoreline development is compatible with the dynamic nature of coastal shorelines as well as the values and the management objectives of the estuarine and ocean system. Other objectives are to conserve and manage the important natural features of the estuarine and ocean system so as to safeguard and perpetuate their biological, social, aesthetic, and economic values; to coordinate and establish a management system capable of conserving and utilizing these shorelines so as to maximize their benefits to the estuarine and ocean system and the people of North Carolina. Consistent: The proposed development is consistent with the intent of this rule. (d) Use Standards. Acceptable uses shall be those consistent with the management objectives in Paragraph (c) of this Rule. These uses shall be limited to those types of development activities that will not be detrimental to the public trust rights and the biological and physical functions of the estuarine and ocean system. Every effort shall be made by the permit applicant to avoid, mitigate or reduce adverse impacts of development to estuarine and coastal systems through the planning and design of the development project. In every instance, the particular location, use, and design characteristics shall comply with the general use and specific use standards for coastal shorelines, and where applicable, the general use and specific use standards for coastal wetlands, estuarine waters, and public trust areas described in Rule .0208 of this Section. Development shall be compatible with the following standards: (1) All development projects, proposals, and designs shall preserve and not weaken or eliminate natural barriers to erosion including peat marshland, resistant clay shorelines, and cypress -gum protective fringe areas adjacent to vulnerable shorelines. Consistent: The proposed development is consistent with the intent of this rule. RECEIVED (2) All development projects, proposals, and designs shall limit the construction of impervious surfaces and areas not allowing natural drainage to only so much as is necessary to adegtWJly3 1 2019 service the major purpose or use for which the lot is to be developed. Impervious su%,8%) j D CITY not exceed 30 percent of the AEC area of the lot, unless the applicant can effectively u Mn Gregg Bodnar, Assistant Major Permits Coordinator Donald M. Strickland Major Permit Recommendations October 21, 2019 Page 6 demonstrate, through innovative design, that the protection provided by the design would be equal to or exceed the protection by the 30 percent limitation. Redevelopment of areas exceeding the 30 percent impervious surface limitation may be permitted if impervious areas are not increased and the applicant designs the project to comply with the intent of the rule to the maximum extent feasible. Consistent: The proposed development is consistent with the intent of this rule. (3) All development projects, proposals, and designs shall comply with the following mandatory standards of the North Carolina Sedimentation Pollution Control Act of 1973: (A) All development projects, proposals, and designs shall provide for a buffer zone along the margin of the estuarine water which is sufficient to confine visible siltation within 25 percent of the buffer zone nearest the land disturbing development. Consistent: The proposed development is consistent with the intent of this rule. (B) No development project proposal or design shall permit an angle for graded slopes or fill which is greater than an angle which can be retained by vegetative cover or other erosion -control devices or structures. Consistent: The proposed development is consistent with the intent of this rule. (C) All development projects, proposals, and designs which involve uncovering more than one acre of land shall plant a ground cover sufficient to restrain erosion within 30 working days of completion of the grading; provided that this shall not apply to clearing land for the purpose of forming a reservoir later to be inundated. Consistent: The proposed development is consistent with the intent of this rule. (4) Development shall not have a significant adverse impact on estuarine and ocean resources. Significant adverse impacts include development that would directly or indirectly impair water quality standards, increase shoreline erosion, alter coastal wetlands or Submerged Aquatic Vegetation (SAV), deposit spoils waterward of normal water level or normal high water, or cause degradation of shellfish beds. Consistent: The proposed development is consistent with the intent of this rule. (5) Development shall not interfere with existing public rights of access to, or use of, navigable waters or public resources. Consistent: The proposed development is consistent with the intent of this rule. (7) Development shall not cause irreversible damage to valuable, historic architectural or archaeological resources as documented by the local historic commission or the North Carolina Department of Cultural Resources. Gregg Bodnar, Assistant Major Permits Coordinator Donald M. Strickland Major Permit Recommendations October 21, 2019 Page 7 Consistent: The proposed development is consistent with the intent of this rule. (8) Established common-law and statutory public rights of access to the public trust lands and waters in estuarine areas shall not be eliminated or restricted. Development shall not encroach upon public accessways nor shall it limit the intended use of the accessways. Consistent: The proposed development is consistent with the intent of this rule. (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high-water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed development is consistent with the intent of this rule. Based on my review of the applicable subsections of the North Carolina Administrative Code, the permit application and plans, I recommend a permit be issued to Donald M. Strickland for the development as proposed. RECEIVED OCT , 1 Z019 OCM_MHD CITY MICHAELS; ' PEGAN Se000­y­.. BRAXTON itDAVIS. Dirdetof October 10, 2019- MEMORAND FROM:. GreggA's iRadfiar, elttant M0jor Permits Coordinator NCDEQ - Division of Coastal Management 400 ComMarce Ave.,, Moeehead City, NC 28557 Fax: 252-2474330 (Couder04-1#4 gregg;b0dnafQncdenCtoV SUBJECT'.. CAMA /Dredge & Filk Application Review Applicant, Donald Strickland,' project Location: I D2 osprey Lane, Lots 1: & 2 In Perqulmans County Proposed Project Construct A bulkhoaid:21 waterw i ard of an existing'brisached bulkheadi. bdckfill.an eroded areai,insta.11 a boat ramp, construct a pier with a platform and 9ra0a thah,1914 ground area Please Indicate below your agency's positlon:or Viewpoint on the proposed project And turn this form. to Grearl Bodnar at the address above by P;fobor*3.1,.2019. ifyou have -any . questions regard! * ng the proposed project,. contact Ron Reneldl (26Z-264-,390`1 . ext. 235) When appropriate, in-depth: comments. with supporting dalia.is requested. PRINT NAME AGENCY SIGNATURE DATE This agency has no objection to the projectas proposeu. 7 *Additional comments may be: attached.'' *This agency has no commenton the proposed project. This agency approves of the proJeot.only if the.recommended Changes are incorporated, Sao attached. This agency objects to the project.ftir reasons described In the attached 0 0 r RECOVED OCT 1 5 2019. MP SECTION MHD North Carolim Department of EnArorumntal otiality. I WvWcut of 601al lihulogelMlu - MIzabethcIty0fte] 401 South GriffinStrget, Si 060 I -Okabeth City, NorthCotolirka 27909 ROY COOPER covemor MICHAEL S. REGAN Secretary: BRAXTON C. DAVIS Director October'10, 20-19 MEMORANDUMi NORTH CAROLINA Environmental Quality FROM: .Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Ave.,.Mofehead City, NC;29557 Fax: 252-247-3330 (Courier 64-16 -33) greoo bodnar(Mriddenr.gov sUBJEeT: CAMA /Dredge & Fill Application Review Applicant: Donald Strickland Rroject Location: 102 OspreyLane, Lots 1 & 2 In Perquimans County Proposed Project: Construct a bulkhead 2' waterward,of an existing breached buikhead; backfill arteroded area, install a. boat ramp, construct a pier with a platform and grade the' high ground area Please indicate,below your agency's position or viewpoint on the proposed project'and return this form,to Greag Bodnar at the, address above by October'31, 2019. If you: have'any questions; regarding the proposed, project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate; in-depth comments with:supporting data is requested, as proposeo. --Additional comments may This agency has no:comment on, the proposed project: _ This agency approves of the project only if the recommendedchanges are incorporated. See:attached. This agency objects to the project for reasons des in the attached, comments: PRINT'NAIM Kacee zinn RECEIVED AGENCY Nrnaer ct uc h SaPitatlan SIGNATURE il� 2u2rL for Shannon Jenkins OCT 1 1 2019 DATE 10/11/ 02 1G MEEK Q�� N NN�I North Carolina Department of EnvIrO mental Quanty I Division of Coastal Management Ellzabeth0tyOfnce.'1401 South Griffin Street, Suite ,3001 Elizabeth City,North Carolina27909 -252.2643901 ROY COOPER Covemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 10, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality. FROM: Gregg Bodnar,,Assistant Major Permits Coordinator NCDEQ -Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28657 Fax: 252-247-3330 (Courier04-16-33)- gregc bodnar(cDncdenr aov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Donald Strickland Project Location: 102 Osprey Lane, Lots 1 & 2 in Perquimans County Proposed Project: Construct a bulkhead 21,waterward of an existing breached bulkhead, backfill an eroded area, Install a boat ramp, construct a pier with a platform and grade.the:hlgh ground area Please indicate;below your agency's position or viewpoint on the proposed project and return this form to Grearr Bodnar at the address above by October 31, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth commentsmith supporting data is requested. has no objection to the project as comments may be attached" ✓This agency has no c0mmenton the proposed project: _ This agency approves of the project only if She recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached. comments. PRINT NAME j e PRdr: �C AGENCY NC— 6,0 ✓to" "t/�-t-e SIGNATURE`��/ DATE r/d — / 7 i 9 rwn, RE. P nJmp� K"ECEIVED OCT1 7 2019 MP SECTION MHD North Carolina Department of Environmental Quality. I Division of Coastal Management .Elizabeth City Office 1 401'South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 ..252264 3901 ROY COOPER MICHAEL S REGAN, SeCrdWy BRAXTON C. DAVIS Director I October 10, 2ql 9 NgNgRANDUR.', FROM: SUBJECT: CA MA Dredge & Fill . Appficaflon Reyleivit Applicant: Donald Strickland Project Location: A" proposed, C' ;tr�iii-abulk�h6id'2',Wat6r.warddfanO:Kistlnl,gbr,earbod,�builkhoads Project: � onE I backfill,we'rodeid are I 'a boat ramp'', construct pleewithaptaff9irm Install 'gr efie h 9 1 Uar6a 6" oup, and.grad please indicate below.your agency's 'posi ton1,orviEiW06int0n' theproposed projectand, returrri , I , i , Is form togT!�= at 6e address above by October 31, 2019. Ifyou hav,eany' nuech'. the DrODOSErd'Drolect..c4ritact Ron RerfialdI425Z264��901',-e�(t; 235) when IfAna ronnrri appto-oriite',"Ih-'d6Oth'orr rtie.h,ts.Wl.tnts,UPPO(I!ngQaI � REPLY: -f77'T_hI& agency, has, noobjection to the �: proje, ctas proposed.. 'Aodlt6nal comments fnai.6e aita I , J­ This agency has 0o,pornment on the proposed project. 'This-aieno"y approves 'iothe _project only if the recommended changes are incorporated, See attached thls agency objects -to the project for reasons described, in' the attached AGENCY SIGNATURE DATE RECEIVED OCT 1 6 2019 MP SECTION MHD EQ '2k 0 North Carolina Department okvlronmental Quality I Dlvl5lonQfCoastal M1a'Wme0 Elizabeth City Offifee 1401 South Griffin Str752264,eet, S6110390100' 1 Elizabeth City, North Carolina 27909 ROY COOPER Gommor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 10,.2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ .Division of Coastal Management 400 commerce Ave.,.Mo(ehead City, NC 285.57 Fax: 262-247-3330 (Courier 04-16.33) . _lg bodnarCv7ncdenr.gov SUBJECT: CAMA /Dredge.& Fill Application Review Applicant: Donald Strickland Project Location: 102 Osprey Lane, Lots 1 & 2 In Perquimans County Proposed Project: Construct a bulkhead 2' waterward of an existing breached bulkhead, backfill an eroded area, install a boat ramp; construct a pier with a platform and grade the high ground area Please indicate below your agency's position or viewpoint on the proposed projectand return this form to Grem Bodnacat the address above by October 31, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth corn . ents with supporting data is requested. _ This agency has no objection to the project as proposed. "Additional'comment%may be attached" _ This -agency has no comment oh 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 = tom _!>""172 AGENCY �E1g4`�. In SIGNATURE — DATE ( 11 North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 401 South Griffin Street; Suite 3001 Elizabeth Oly, North Carolina 27909 252.264.3901 ROY COOPER Governor MICHAEL S. REGAN secretory. , BRAXTON C. DAVIS Director October 10, 2019 MEMORANDUM: FROM: GregWBodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave,, Morehead City, NC 28557 Fax- 252-247-3330 (Courier 04r16=33) gregg bodnar( ncdenr.gov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Donald Strickland Project Location: 102 Osprey Lane, Lots 1 & 2 in-Perquimans County Proposed Project: Construct a bulkhead,2' waterward of an existing breached bulkhead, backfill an eroded area, install a boat ramp, construct a pier with a platform and grade,the'high ground area Please indicate below youragency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by October 31, 2019. li you have any questions regarding the proposed project, contact Ron Rdnaldi (M-'264-3901, ext. 235) when appropriate, in -depth -comments with supporting data;is requested. _ This agency has no objection to the project as.proposed. "Additional comments may be attached" t This agency has no comment on the proposed project. D3 This ageficy approves of the project only if the recommended changes — are incorporated,. See attached. This agency objects to theproject for reasons described in the attached comments. PRINT NAME �lkiAdCL 11 l AGENCY ` 'x�- � P SIGNATURE WQn.(t& <4A-!Lk0A_01.A2 DATE Oc;�- .99" a-0I I o�� RECEIVED 0Gi 2 3 2019 p.1p SECTION M13 a0' North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street Suite 300 I- Elizabeth City, North Carolina 27909 252.264.39,01 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Dhwfor October 10, 2019 MEMORANDUM: NORTH CAROLINA Envi+anmenfaf Quallfy FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier04-16-33) gregg bodnar ncdenrgov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: Donald Strickland Project Location: 102 Osprey Lane, Lots 1 & 2 In Perquimans County Proposed Project: Construct a bulkhead 2' waterward of an existing breached bulkhead, backfill an eroded area, install a boat ramp, construct a pier with a platform and grade the high ground area 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 October31, 2019. If youhave any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 236) when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY �ecoc� — ncw% RECEIVED SIGNATUR DATE OCT 2 3 2019 7rieP aSt� �oTI®ttl eYliHD North Carolina Department of Environmental Quality I DIvIston of Coastal Management Elizabeth City Office 1401 South GrifOn Street, Suite 3001 Elizaheth City, North Carolina 21909 252,264,3901 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAYTON C. DAVIS Director MEMORANDUM r NORTH CAROLINA £nvtranmentaf Quality TO: Gregg Bodnar, Major Permits Processing Coordinator Division of CoastFA Management FROM: Charlan Owen ICP, NE District Planner Division of Coastal Management SUBJECT: Major Permit Request by Donald Strickland to install 280 linear feet of vinyl bulkhead, a 20 foot wide by 94 foot long concrete boat ramp and a 5 foot wide by 110 foot long pier with a 12 foot by 10 foot terminus platform on the Albemarle Sound and excavate tree stumps and root systems along the sound shoreline; at 102 Osprey Lane, in Bethel, Perquimans County. DATE: October 22, 2019 Consistency Determination: The request is consistent with/not in conflict with the Perquimans County / Town of Hertford / Town of Winfall Land Use Plan (LUP) certified by the CRC on February 10, 2016, as amended through March 5, 2018. Overview: The subject property consists of two (2) vacant lots totaling 2.72 acres with a combined 350 linear feet of shoreline along the Albemarle Sound. Water depths range from .5 feet to 1.5 feet below Normal Water Level (NWL) at the shoreline to 3 to 4 feet below NWL approximately 24 feet waterward of NWL. The property has an elevation of 7 feet above NWL and is vegetated with upland grasses and cut tree stumps. The property is located outside of a floodzone. Existing shoreline improvements consist of 300 linear feet of bulkhead and a remnant pier. The bulkhead has been breached resulting in a highly eroded shoreline. Approximately 33 linear feet of the bulkhead is located at NWL while the alignment of the remaining 267 linear feet averages 24.3 feet waterward of NWL. Erosion has resulted in a 4 foot to 6, foot high erosion escarpment at NWL and a number of trees are collapsing over the bulkhead. Installation of 260 linear feet of vinyl bulkhead, a 20 foot wide by 94 foot, long concrete boat ramp and a 5 foot wide by 110 foot long pier with a 12 foot by 10 foot terminus platform, and excavation of tree stumps and root systems along the shoreline are proposed. RECEIVED Dw OCT 2 3 2019 Ilgnlmu�A—(i ib'MxC�41®mf North Carolina Department of Environmental Quality 1 Division of Coastal NlanagMP SECTION M D Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City. North Carolina 27909 252.264,3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 6 The bulkhead will be installed 2 feet waterward of the existing breached bulkhead alignment. The proposed alignment will average 24.4 feet waterward of NWL with a maximum distance of 42 feet waterward of NWL. The alignment will tie into existing bulkhead on adjacent property to the east and return landward along the western property line. Return walls will be constructed along the boat ramp. The pier and terminus platform will join in an "L" shape. The remnant pier will be removed. Material resulting from grading and excavation will be stored within the highground area at least 75 feet from the shoreline. The waters of the Albemarle Sound in this area are classified as Class SB waters and Coastal Waters and are closed to shellfish taking. No submerged aquatic vegetation (SAV) was observed within the project area. A review of historical or archaeological sites was not provided. Anticipated Impacts resulting from this project are expected to include: the excavation of 900 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AEC); the filling of .16 acre of Public Trust Area/Estuarine Waters AEC; the shading of 670 sq. ft. of Public Trust Area/Estuarine Waters AEC, and; the disturbance of,.52 acre of Estuarine Shoreline AEC. Basis for Determination: The property is designated as "Residential' on the Perquimans County Future Land Use Map (FLUM). "Designated conservation/open space areas" are also included within the project area. As indicated on Page IX-34 "(t)he precise location of protected/regulated areas that have a conservation or open space connotation such as coastal wetlands, estuarine waters, estuarine shoreline, pubic trust areas, and Section 404 wetlands must generally be determined by field investigation on a case by case basis. These areas, scattered throughout the County and generally found along creeks and rivers, are not individually identified on the future land use map." The following LUP policies may be applicable to this request: Public Access: Policy PA #1, Page IX-6. "Perquimans County, Hertford, and Winfall will ensure a variety of opportunities for access to public trust waters to all segments of the community, including disabled people." OCT 2 3 2019 MP SECTION MVID North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 3 of 6 Natural Hazard Area: Policy IN HA #9, Page IX-14 "Perquimans County, Hertford, and Winfall support the CAMA development permit process for estuarine shoreline areas and the requisite development standards which encourage both shoreline stabilization and facilitation of proper drainage." Water Quality: Policy WQ #3, Page IX-15. "Perquimans County, Hertford, and Winfall will coordinate the approval of local land development projects with applicable State agencies to ensure compliance with regulations to prevent or control non -point source discharges." Policy WQ #5, Page IX-15. "Perquimans County, Hertford, and Winfall shall establish and/or maintain requirements that, to the extent practicable, all development shall conform to the natural contours of the land and natural and pre-existing man-made drainage ways shall remain undisturbed. All developments shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. No surface water may be channeled or directed into a sanitary sewer. Whenever practicable, the drainage system of a development shall coordinate with a connect to the drainage systems or drainage ways on surrounding properties or roads. All developments shall be constructed and maintained so that adjacent properties are not unreasonably burdened with surface waters as a result of such developments." Policy WQ #9, Page IX-15. r "Because of water quality concerns, only limited construction will be allowed within a landward buffer (provided in accordance with locally adopted best management practices) of the mean high water mark on subdivision lots which adjoin the Little River, Perquimans River, Yeopim River, the Albemarle Sound, or their impounded waters and tributaries. The landward buffer shall not contain any buildings or related structure, such as decks, paved patios, or RECEIVED utility sheds. The primary use of the area is the growth of natural vegetation OCT 2 3 2019 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 4 of 6 such as a grassed lawn. The only structure permissible within the waterfront set -back area is an elevated pier of wood construction constructed to provide access to the water. On -site septic systems and nitrification lines are also prohibited from the required setback area. The locations of buildings or related structures, such as decks, paved patios, or utility sheds in new developments shall be subject to the more or less stringent provisions of any applicable State law." Policy WQ #10, Page IX-16. "Perquimans County, Hertford, and Winfall, in orderto minimize sedimentation and erosion, shall require that all development maintain a vegetated buffer along each side of a stream or natural drainage way. The vegetated buffer shall remain undisturbed except as may be necessary to accommodate roads, utilities and their easements, pedestrian paths and their easements and approved water -dependent uses such as marinas, docks, piers, boat ramps and bridges. In cases which the buffer may not be practical or desirable, the Board of Adjustment may consider a special exception if it finds that an acceptable alternative means of handling storm water can be achieved without maintaining a vegetated buffer." Areas of Environmental Concern: Policy AEC #1, Page IX-16. "Perquimans County, Hertford, and Winfall support State and Federal law regarding land use and development in Areas of Environmental Concern." Policy AEC #2, Page IX-16. "Perquimans County, Hertford, and Winfall will permit, within AEC, those land .uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses included utility easements, docks, boat ramps, bulkheads, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." RECEIVED OCT 2 3 2019 MP SECTION MHD North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 5 of 6 Policy AEC #3, Page IX-16. 1 "Perquimans County, Hertford, and' Winfall will restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of estuarine waters and public trust areas." Policy AEC 94, Page IX-16. "Perquimans County, Hertford, and Winfall will make comments as appropriate concerning the overall interests of residents on CAMA dredge and fill permits for projects which would be detrimental to rivers and wetlands." Policy AEC #8, Page IX-17. "Perquimans County, Hertford, and Winfall support bulkhead installation that is conducted using appropriate construction and resource protection techniques. Where installation is required, development plans should consider every feasible alternative to minimize the damage to existing marshes." Local Areas of Concern: Policy LAC #9, Page IX-18 and IX-19. "Perquimans County, Hertford, and Winfall will adopt and enforce ordinances and procedures to regulate land use, development, and redevelopment and support applicable State and Federal laws and regulations regarding building, land uses and development in areas of environmental concern to help preserve, protect, and enhance the Perquimans River, Little River, Yeopim River, and Albemarle Sound. Perquimans County and its towns support continued management of these shorelines and their attendant wetlands and shores to protect and preserve the natural resources of the water and shoreline, relying primarily on the Division of Coastal Management's permitting and enforcement program of the State's Coastal Area Management Act (CAMA), the Dredge and Fill Law, and the Federal Coastal Zone Management Act of 1972 in designated areas of Areas of Environmental Concern (AEC) Perquimans County and its towns will review, comment, advocate, or oppose any regulations or programs that may affect the regulation of river and sound waters and/or shorelines. In their respective �a l� zoning ordinances, Perquimans County and its towns will consider and maRECEIVED OCT 2 3 2019 PAS' SECTION MHD 1 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 6 of 6 include specific guidance relative to: net developable area calculations should not include natural hazard areas or areas of environmental concern wherein development should not occur; that a variety of residential zoning districts should be considered with varying density and intensity standards and development requirements; that cluster development should be promoted in various residential zoning districts; that buffering of various land uses such as commercial and industrial uses should be included when proposed in or near residential areas or adjacent thereto; and, that any such approval must be consistent with LAC #30, page IX-22" Policy LAC #24, Page IX-21. "Perquimans County, Hertford, and Winfall will review and analyze development and redevelopment proposals for consistency with the future land use maps included in this land use plan." RECEIVED OCT 2 3 2019 MP SECTION MHD ROY'COOPER Governor MICHAEL S. REGAN Secretory, BRAXTON,C. DAVIS Director October 19, 2019 MEMORANDUM: NORTH-CAROLINA Environmental Quality FROM: Gregg Bodnar,Assistant Major Permits "Coordinator NCDEO -Division of Coastal Management 400 Commerce Ave., Mo(ehead City, NC 28657 Fax: 252-247-3330 (Courier 04-16-33) Breda bodnar(cDncdenr.gov SUBJECT: CAMA/Dredge&Fill Application :Review Applicant: Donaldttrickland Project Location: 102 Osprey Lane, Lots 1 & 2 in Perquimans County . Proposed Project: Construct.a bulkhead 2' waterward.of,an existing breached bulkhead, backfill an eroded`area,;Install a boat ramp, construct a pierwith a platform and gradethe high ground area Please indicate!below.your agency's position orviewpoint on the proposed project and return this form to Greaa Bodnar at the address above by October 31, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901,-exti 235) when appropriate, in-depth comments with supporting data is requested. _ This agency has. no objection to the project as proposed. —Additional comments may belattached'* X This agency has no comnienton the proposed project. DWR Project No. 19-1398 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 Anthonv Scarbraudh e�,� AGENCY DWR RECEIVED �� SIGNATURE Scat OCT 3 1 2019 DATE 10/31 /19 �E� MP SECTION Nall® MMO .W. W�: North Carolina. Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 252.244.3901 ROY COOPER Governor MICHAEL S: REGAN Secretary BRAXTON C. DAVIS Dimaoir October 10, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar; Assistant Major Permits Coordinator NCDEQ —Division of Coastal Management 400:CommerceiAve., Morehead City,:NC 26557 Fax:.262-247-3330 (Courier 04-16-33) gregg. bodnar(o)ncden r. _g oov SUBJECT: LAMA/Dredge,& Fill Application Review Applicant: Donald Strickland Project Location: 102 Osprey Lane, Lots 1 & 2 in Perquimans County Proposed Project: Construct a bulkhead 2' waterward of an existing breached -bulkhead, backfill an eroded area, install a.boatramp, construct a pierwith aplatform and grade the high ground area Please indicate below your agency's position orviewpoint on the proposed. project and :return this form to Greira Bodnar at the address above by .October3l, 2019. If you,have ar y gUestions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) when appropriate, in-depth comments with supporting data is requested. This agency has no objection to theproject:as proposed. "*Additional comments may be attached" This agency has no commenton 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 Mr_�i�—f Dw—iA r-1 9ED n1 I AGENCY N (t{ U SIGNATURE AA;:�_NOV 4 2019 DATE MP SECTION MHD North Carolina Department of Environmental Quality] DlvlsionofCoaetalManagcment Elizabeth City office 1401 South Griffin Street, Suite 3001 Elizabeth City, North. Carolina 27909 252.264.39,1 `trr�1`3 Roy COOPER Governor .MICHAEL S. REGAN •seaetaiy - BRAXTON'C. DAVIS F(recmr October 10, 2M MEMORANDUMS NORTH CAROLINA, thvlronmenral Quality Receaved: 10/14/2019' State Historic:Freservation Office FROMGregg Bodnar;_' AssistantMajor Permits Coordinator NCDEQ -'Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Faz:252-247-3330 (Courier044,6.33) greoo,bodnar( ncdenr,00y SUBJECT:. CAMA✓Dredge'&'FillApplication Review Applicant: Donald Strickland Project Location: 102:Osprey Lane, Lots 1 & 2 in Perquimans,County ER 10-3066 Due-- 10/29/19 A-, j.,1G•, NCN 1a jIM .Proposed 'Project: Construci a bulkhead 2' waterward oI an existing breached bulkhead„ backtiii an'eroded area,,install a.boat ramp, construct a,pier with a platform= and grade the high ground area Pleaseandicate below your agency's position or viewpoint on the proposedd ',project an return this form. to.Gregg Bodnar at the address above by October3l, 2019.. If you,have any questions regarding the':proposed.project, contact.Ron Renaldi,(252-264-3901, ext. 235) when appropriate, in depth eonlments with supporting datads.requested:. REPLY:: This-agencyhasnoobjection.to.the,p'rojectias,pfdposetll. '!Additional comments may be attached"' This agency has no comment onthe proposed project: This agency approves of the project only if the recommended changes .are incorporated: See attached. This•ayen' objects Witte project for reasons,described in, the attached comments. PRINT NAME hence Gledhill -Earley AGENCY State Historic Preservation Office RECEIVED SIGNATURE ,1 q NOV 5 2019 DATE kit. �{ ` P SECTION MHD North Carolina Department ofrnvlronrnental Quality,l eIvlSlonofCoastalManagement eltabeth Clly=e 1401Somh GrIMnStr"I,Sulte300 I elrabeth City, North Cm:lna27909 OCT 1 �,� 2019 "2522643901 -. Bodnar, Gregg From: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Sent: Wednesday, November 06, 2019 1:02 PM To: Bodnar, Gregg Subject: [External] RE: Projects CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repo rt.spam@nc.gov<mailto:report.spam@nc.gov> Hudson SAW 2019-01860 PGP 198000291 November 6, 2019 Strickland SAW 2019--1959 PGP 198000291 November 6, 2019 No Special Conditions. Please use standard conditions..... Thanks! ----Original Message ----- From: Bodnar, Gregg[mailto:gregg.bodnar@ncdenr.gov] Sent: Wednesday, November 6, 2019 11:31 AM To: Bland, Raleigh W CIV CESAW CESAD (US) <Raleigh.W.Bland@usace.army.mil> Subject: [Non-DoD Source] Projects Hey Raleigh, Just checking in on a few... Hudson Strickland Hope all is well, Gregg ROY COOPER Gm ernoi MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Donald M. Strickland 230 Livingston Chapel Road Delco, NC 28436 NORTH CAROLINA Environmental Quality November 13, 2019 NOT A CAMA PERMIT DW R # 19-1398 Perquimans County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS DONALD STRICKLAND PROPERTY —102 OSPREY LANE, HERTFORD Dear Mr. Strickland: You have our approval for the impacts listed below for the purpose described in your application dated October 10, 2019 and received by the Division of Water Resources (Division) on October 10, 2019. These impacts are covered bythe attached Water Quality General Certification Number4175 and the conditions listed below. This certification is associated with the use of 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. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/ or (c)] Type of Impact Amount Approved Amount Reduced Plan location/ (units) (units) Reference Permanent Temporary Attached Open Water OW-1 (Excavation for Boat Ramp) 0.02 (acres) 0 (acres) OW-2 (Fill for Bulkhead 0.16 (acres) 0 (acres) Replacement) Pages 1, 2, 3 of 3 OW-3 (Shading from Pier and 0.02 (acres) 0 (acres) Platform North Carolina Department of Environmental QuAity [ Divis mn of Water Resources DE Wasim9lon Regional Office 1 4.13 Washington Square bta-I 1 Wa>hmgton Not ih Carolina 37889 tyt ia(I.fl48t uvvnx IV-Inwo 401APPROVAL f Page 2 of 3 2. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. 115A NCAC 02H .0507(c)] Continuing Compliance 3. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for Class SB Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .02221 Other Conditions 4. This approval and its conditions are final and binding unless contested. [G.S.143-215.5] This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 uwnx 17-1J`Jo • 401APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Rules. Please contact Anthony Scarbraugh at 252-948-3924 or anthony.scarbraugh@ncdenr.gov if you have any questions or concerns. Sincerely, ROW lii?+" Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 Certification of Completion cc: Gregg Bodner, DCM Morehead City (via email) Ron Renaldi, DCM Elizabeth City (via email) Raleigh Bland, USACE Washington Regulatory Field Office (via email) Laserfiche �-reiz{��.crf sf� / 6t 3 , )7 0 2ta ao O G\ /3 r�E E/-I W�1{a12 #r 5 el ;f -- 1 V 9, APPROVED North Carolina Envtmnmantal Managerr�rt Canmisdon E3RrtsExs mfV9 �r Resources Dow 11/13 , . 19 pemot# 19-1398 Eros,',,,,c Escor��n} ``Y V. Da T \VV I'D to APPROVED NwM Carogns Environmardal 'Managom,rA0=m!ss7= omsim af viaw Posculces Date 11/13 19 19-1398 o43 / "/, ell t2 a j rya IV DCM Coordinator: ?0VJ Ih2 Permit DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET 6 A(t; zx3(.�' ?on t A (with revised work plan drawings) 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: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Shane Staples David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Curt Weychert 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: Robb Mairs — 401 (Carteret, Onslow, Pender) Chad Coburn — 401 (Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Natural Heritage Program Maria Dunn (WARD) Rodney Butler LPO: AA t. Fax Distribution: Permittee #: VAgent#_ (NCDOT) Travis Wilson IN MFl APPLICATION for Major Development Permit (last revised 12/27I06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name I/ additional applicants, please attach an additional page($) with names listed. Mailing Address 30 G. 'v, sJ S4 e,4Ag//1c/ PO Box City Aleo State *G ZIP rr Country iz Phone No. Rio - 07 - VV 42 eta. FAX No. Street Address (N afferent from above) City state ZIP Email 2. Agent/Contractor Information Business Name � n /J U Agent/ Conbaotor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City state ZIP Phone No. 1 - - ext. Phone No. 2 - - am. FAX No. Contractor • Street Address(N different from above) City State ZIP Email <Form continues on bacio RECEIVED nrT i a HIS I ti88 41?( 0AS1 - www.ncrba st almanayemenl.nel DCM-MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. 11 s /aa L,o„ /Y6 Subdivisi n Name City State Zip V/�S.a Nt 4we I-lplf/taRcl /" -a7gyy Phone No. Lot No.(s) (!/many, attach additional page with list) ro - 6 - tr-.1/ ext. , A , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project A4t H c. Is the wale ody identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. 121ga-tural ❑Manmade ❑Unknown MBA/ 5::V4y e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es El No work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.fl.) lco. , c. Size of Individual lots) d. Approximate elevation of tract above NHW (normal high water) or /f-J i /r lol 46ae s NWL (normal water level) �/ 14 ❑NHW NW L (If many lot sizes, please attach additional page with a list) or L7 e. Vegetation on tract / v iR�aRr4/-Ifu'PS ot- Afa5,i I. Man-made features and uses now on tract / y-a. /pr/ qa/��o401, /L¢/rrr1�OKT �l. yrf g. Identify and describe the existing land uses adjacent to the proposed project site. A*4.0 5,'/0 5 h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? zoning compliance certificate, if applicable) R(Attach [?ies []No ❑NA I. Is the proposed activity pad of an urban waterfront redevelopment proposal? []Yes 2Iq-6 k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No [319A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes ON-o ❑NA National Register listed or eligible property? RECEIVE <Form continues on next page> O C T 10 2019 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ❑Yes III) Are there coastal wetlands on the site? ❑Yes �10 (III) If yes to either (i) or III) above, has a delineation been conducted? ❑Yes No (Attach documentadon, if available) n. Describe existing wastewater treatment facilities. /,/)/If ,kW C 5IV/? o. Describe existing drinking water supply source. / �aun� lis4/,/1 p. Describe existing storm water management or treatment systems. A ' 5. Activities and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Government vate/Gommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. f,p p,P44 Kte s. o/4ti/;o / a S-e- c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment nd where it Is to be stored. -excpdvdlol , ba rg ,e , ho of r r 041 /li4*v, d. List all development activities you propose. G �. art /a rt �G '7 S ' L '7 sx ;r15�.4.bK//Grs��oe�o� /t)4414, °�/[h+� K)Ra�4 /O�>/vr CGnsr/i*aerbr. e�4>l Rio /> : /� .aMo' a ' ,< 9 �! ' ,'., /Itrl o � e�a sr a✓� /a� d?, e. Are the/proposed Activities maintenance of an existing project, new work, or both? AC &1V GYGc% fn `�fi>t// 14/✓/ f. What Is the approximate total disturbed land area resulting from the propolsed project? [3SgTt or ❑Acres S'co g. Will the proposed project encroach on any public easement, public accessway or other area []Yes Oro ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stormwater be discharged Into a wetland? []Yes Wo []NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes ❑No CKA— j. Is there any mitigation proposed? []Yes 916o ❑NA RECEIVE If yes, attach a mitigation proposal. <Form continues on baclo O C T 10 2019 DCM-MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Additional Information In addition to this completed application form, (MP-1) the following Items below, it applicable, must be submitted in order for the application package to be corplete. Items (a) - (f) are always applicable to any ma/or development application. Please consult the application instruction booklet on Crow to properly prepare the required items below. a. A project narrative. (/.rroc/B4O4cl r ro ,;;frr 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. 6. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name r' t 5- P K t 5 Prone No. 5':L Address //y i pit y�jLbHe .11R.4 4 *t VL7 ye/ Name J/ ApIrP 5 a- 14f tfK• A4.4oe / ,• /Phone No. Address/*-/) MAQ0V ��'t'ff�C /�t� Y•lt�i�1•IO IIcH c�7ys� /9's1i��II Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permidee, and issuing dates. h. Signed consultant or agent authorization form, If applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). If necessary. If the project Involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application ar follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date �%-S ad/9 Print Name _Q M 514S,sit OCT 10 2019 Signature DCM-MHD CITY Please indicate application attachments pertaining to your proposed project. DODCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development MDCM MP-4 Structures Information 2'i2.800 2808 .. 1-888 I iCOASY .. www.ncc b:++,lalmanagemenl.nal Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NW L stabilization Length e/ D , Width Avg. Existing NA NA Depth Final Project' NA NA Depth 1. EXCAVATION ❑ This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. �rYc/ b/b yS . CGt .G vs4 S c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet effected. ❑CW [36V ❑SB ❑WL None (ii) Describe the purpose of the excavation in these areas: d. High -ground excavation In cubic yards. ,a/3 c,r2 /0SS C" c yyAOMdS 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. 00 5'rlc c. (i) Do yo_4 claim title to disposal area? BqFes ❑No ❑NA (II) If no, attach a letter granting permission from the owner. e. (I) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SFilL ❑SS ❑WL one (II) Describe the purpose of disposal In these areas: b. Dimensions of disposal area. 'lo W 10 d. (I) Will a disposal area be available for future maintenance? es ❑No ❑NA (11) If yes, where? I. (I) Does the dIsEostilLinclude any area in the water? []YesNA (if) If yes, how much water area is affected? RECEIVED OCT 10 2019 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section notapplicable (if development is a wood groin, use MP-4 — Structures) a. T shoreline stabilization: b. Len � 1 O the M.✓1.J� ^- YP 9 Bulkhead ❑Riprap ❑BreakwaledSill []Other: Width: c. Average distance waterward of NHW �o/\ r NWL: d. Maximum distancee/waterward of NHW or NWL: 30 ! (SMfca4Aek)a4.4 A.A.R.) +%2 r e. Type of stabilization material: Z1.1-.-rtv g. Number of square feet of fill to be placed below water level�kJt. Bulkhead backfill llv Riprap_ y i�pacfr'1' Breakwater/Sill_ Other_ r '0 fiI I. Source of fill materiel. Cb/Y/g1•PilC.IQ/ �r/ �H•I/i)/��f'i%lfF i'J (i) Has there been shoreline erosion during preceding 12 mont as []No ❑NA (II) If yes, state amount of erosion and source of erosion amount information. L ✓/ r /a � �%/�S P MPArJSUitIAr/�N/ S Type of fill material. 4. OTHER FILL ACTIVITIES B17 rs section not applicable (Excluding Shoreline Stabilization) a. (1) Will fill material be brought to the site? []Yes []No ❑NA b. (1) Will fill materiel be placed in coastal wetlands/marsh (CW), If yes, (II) Amount of material to be placed in the water (III) Dimensions of fill area _ (Iv) Purpose of fill 5. GENERAL How will excavated or fill material be kept on site and erosion controlled? / /i `7r�Y 'fFNC2 c. (i) Will nevigeNonyl aids be required as a result of the project? ❑Yes ❑1�0 ❑NA (h) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shelf bottom (su), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None (II) Describe the purpose of the fill in these areas: Whet type of construction equipment will be used (e.g., dragline, backhos, or hydraulic dredge)? X1 ,e zG�/4/�iL/l d. (1) Will wetlands be crojW in transporting equipment to project site? ❑Yes o ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. nib .' /,,,/ /iic/% 1 Date Apply Na e n /�i),✓N•'���✓A/�'u7/�FYg 0�CJG��fjG•��/ci4�,W Appliranl Signature Project Name RECEIVED OCT 10 2019 252-808 2808:: 1-888.4RCr- I DCM-MHD CITY Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) 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. GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. .Oeyow2 c. Density (give the number of residential units and the units per acre). e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (1) If applicable, has a sedimentation and erosion control plan been submitted to the Divisio of Land Resources? Dyes ❑No (11) If yes, list the date submitted: ���� d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. $Ppo So �S+•F4 e,1. 1,hJ 3>�,se�ft\ I I j- f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. P g. Give the percentage of the tract within the coastal shoreline AEC to h. Projects that require a CAMA Major Development Permit may also be covered by impervious and/or built -upon surfaces, such as require a Stonnwater Certification. pavement, building, rooftops, or to be used for vehicular driveways (i) Has a site development plan been submitted to the Division of or parking. Water Quality for rye . w? r G 5 �G ❑Yes ❑No I. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. j. Describe proposed method of sewage disposal. ,2dlvdI4 1'4l!/ I. Describe location and type of proposed discharges to waters of the state (e.g., surface mnoff, sanitary wastewater, Industrial/ commercial effluent, "wash down" and residential discharges). (it) If yes, list the date submitted: k. Have the facilities described In Item (I) recelved state or local approv . es ❑No ❑NA It yes, attach appropriate documentation. m. Does the proposed project include an innovative stormwater design? ❑Yes of LJNA n CD If yes, attach appropriate documentation. aFCFIVG OCT 10 zwq DCM-MHD CITY 252-808-28082 :: 1.888-4RCOASI revised: 12 26 06 F("n) DCM MP-3 (11pland Development, Palle 2 of 2) in. Describe proposed drinking water supply source (e.g., well, community, public system, etc.)) n. (i) Will water be impounded? ❑Yes 091 ❑NA (ii) If yes, how many acres? o. When was the lolls) platted and recorded? p. If proposed development is a subdivision, will additional utilities be ,,//JJ �� Vi�c�/�p� installed for this upland development? Z),— S/ fy) &S-0 ❑Yes ❑No L17aA 9, 5--'54ei/1! Date Sri c%/.o�«//�u//��1•�✓� % /I.o�.•� Project Name ApplicpnWaige. n licam Signature RECEIVED OCT 10 2019 DCM-MHD CITY 252,008 98011:: 'I-tS81 OMOASr b. �:'Mllomanl. net. iovi"'d. 12o60b 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. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public? ❑Commercial ❑PublldGovernment dvate/c mmunfty ❑Yes gKo c. (I) Dock(s) and/or r(s) d. (i) Are Finger Piers included? ❑Yes 090 (it) Number / If yes: (III) Length (11) Number (iv) Width (III) Length / (v) Floating []Yes041 (iv) Width (v) Floating []Yes []No e. (I) Are Platforms included? es ❑No f. (f) Are Boatlifts Included? ❑Yes Ljfvo u yea: If yes: (ill Number I'^ (II) Number (ill) Length _ /0 (Ill) Length ' (iv) Width � (iv) Width _ (v) Floating ❑Yes 0111 Note: Rooted areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ill Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('wet slips") only, number of slips: ❑ Dry storage; number of boats: _ Ergo —at ramp(s); number of boat ramps: ❑ Other, please describe: I. Check a proposed type of siting: and cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other, please describe: k. Typical boat length: �/ m. (i) Will the facil ave tie pilings? ❑Yes o (ii) f s number of tie pilings? ). Describe the typical boats to be served (e.g., open runabout, chbo}ig, sail boats, mixed types). / IAi/t fJ�%C I9 %CGII9 Al��� I. (i) Will the facllily bn to the general public? RECEIVED Elyse[-IIGo OCT 10 2019 DCM-MHD CITY 252.808-2808:: 1.888-4RCOAST :: www.nccoastaimanage_ment.net revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers �I [IBoatholding tank pumpout; Give type and location: A/W i /�i// b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled?, e. (i) Give the location and number of "No Sewage Discharge" signs proposed. /4/// (ii) Give the location and number of "Pumpout Available" signs proposed. I. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? /Y 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? *W k. Describe design measures that promote boat basin flushing? ^/ !Y I. If this project is an expansion of an existing marina, what types o1 services arently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? oyes GKO� RECEIVED OCT 10 2019 DCM-MHD CITY 252-808-2808 :: i-88a-411COAST :: www- . lument.not revised: 12127106 Forth jDCM MP -A (Sirtuauras, Page 3 of 4) n. Is the me king 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 (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ono — p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No It yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ErKs section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Pdvate/Cmmunity (if) Number _ (lit) Length (Iv) Width Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheefpile, etc. If a rock groin, use MP-2, Excavation and Fill.) 01 nAs section not applicable a. (i) Number (it) Length _ (Ill) Width 15. BREAKWATER (e.g., wood, sheetpile, etc.) fffhis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a. Is the structure(s): ❑Commercial ❑PubliGGovernment ❑Pdvate/Community C. Distance to be placed beyond shoreline Note: This should be measured Imm marsh edge, if present. a. Arc of the swing 7. GENERAL b. Average distance from NHW. NWL, or wetlands section not applicable b. Number d. Description of buoy (color, inscdptlon, size, anchor, etc.) (RECEIVED OCT 10 2019 DCM-MHD CITY .:r,'1:, „na., 1 i<, 11 ., WWW. nc COOSt ill na wlov ment.net nevi,,-&, 1227`06 Form DCM MP-4 (Structures, Page 4 o1 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Note: For txay or mooring piling, use an: o/swdg including length o/vessel. c. Width of water body '7- G P.: /+ 5 e. (i) Will navigatiSpaMds be required as a result of the project? E]Ye 06o EINA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward and of structure at NLW or NWL �r 8. OTHER ❑ This section not applicable a. Give complete description: -5-Q'•/4 Date // / / Wwwo Project Name oa4gil /yell"// e? In e'i4 1 l/1 F=, Applicant Signature RECEIVED OCT 10 2019 DCM-MHD CITY 252.808-2808 :: 1.888-4RCOAST :: www.ncceastaimanafloinent.net revised: 12127106 ROY C06PtR 'Governor' MICHAEL Si REGAN 'Secretary, — ' ' S. DANIELSMITH Director Mr. Donald' M. Strickland 230:Livihgst:6n:,Chape1 Rd Delco, NC ' 28436 Dear. Mr. Strickland: On October .1 stormwater Please other permits ,cc: ec: also NORTH CAROLINA EAyfronmented Quality November 14,2019 Subject: Stormwater. Permit Exemption Stormwater Project No. SW7191004 CAM[A,136Mead?roj6Cf Perquimans County November 13,2019. water Division of permit the common and ofa For this maso% We a State Storarwater tat this determination does not affect,you:r legal obligation t6 obtain which Maybe required ed by Federal, State, drio.cal government, ive any questions, or need;additional information cpncer4ingthIs ice at (492).946-6481. Sincerely, Bill Moore RE-CEWED Environmental Engineer Washington Regional Office NOV 1 8 2019 WARD Gregg,bodnar(ftcdenngov WIP 53117ECTM WHD Irsc—Fn 1NorthOarolinaDepartmentofE nvironmental Quality I'Divislon oftnergy, Mineral and Land Resources 2r aar 9 '�ashIngtonRegIqnaJ0fflce,l 9'43Wa9h1ngtonSqua.reMo!I I W'a,�hlng!qn,tiRr!��grglina27889 D 252.946.6481 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Donald M. Strickland 2. LOCATION OF PROJECT SITE: 102 Osprey Lane (Lots 1 & 2), Hertford, Perquimans County, adjacent to the Albemarle Sound. Lat/Long: 36.086902° N,-76.354787' W 3. INVESTIGATION TYPE: CAMA / Dredge & Fill INVESTIGATIVE PROCEDURE: Dates of Site Visit — 8/23/2019; 10/4/2019 Was Applicant Present — Yes; No PROCESSING PROCEDURE: Application Received Complete — 9/30/2019 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Perquimans County Land Classification from LUP - Residential (B) AEC(s) Involved. Estuarine Waters (EW), Public Trust Area (PTA) & Estuarine Shoreline (ES) (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - Septic Planned - N/A (F) Type of Structures: Existing — Breached bulkhead & pier Planned - Bulkhead, pier/platform & boat ramp (G) Estimated Annual Rate of Erosion: Estimated at 18' within last year Source — photos & measurements taken by applicant HABITAT DESCRIPTION: [AREA] EXCAVATED FILLED OTHER (A) Shallow Bottom PTA, EW AEC's ±900 ft2 (boat ramp) t6,820 ft2 ±670 ft2 shaded (B) Estuarine Shoreline AEC ±22,500 ft2 (C) Other (D) (E) (F) Total Area Disturbed: ±30,890 ft2 (t0.71 acres) Primary Nursery Area: No Water Classification: SB Open to Shellfishing: No ..s OCT 10 2019 DCM-MHD CITY 8. PROJECT SUMMARY: The applicant proposes to construct a bulkhead 2' waterward of an existing breached bulkhead alignment, backfill a large eroded area, install a boat ramp, construct a pier with a platform and grade the highground area. DECEIVED Donald M. Strickland Field Investigation Report Page 2 Project Setting OCT 10 2019 DCM-MHD CITY The site of the proposed development is on two Lots (Lot 1 & 2) addressed as 102 Osprey Lane (SR#1465), Hertford, Perquimans County, adjacent to the Albemarle Sound. Lot 1 has a platted size of 57,500 Wand Lot 2 has a platted size of 61,025 W, for a total area of 118,525 ftz (2.72 acres). The property contains no man-made structures in the highground area, has an elevation of ±7' above normal water level (NWL) and is vegetated with upland grasses and cut tree stumps. The current shoreline is 1350' in length and has become highly eroded at two locations waterward of an existing ±300' breached bulkhead alignment. Approximately 33' of this bulkhead is located at NWL while the remaining ±267' of alignment averages ±24.3' waterward of NWL. This erosion has caused a sheer 4'-6' high erosion escarpment to form at NWL as well as causing a large number of trees to collapse over the bulkhead further damaging it and exacerbating the erosion. Wetlands do not exist along the shoreline. In addition to the breached bulkhead, a remnant pier exists along the shoreline. The waters of the Albemarle Sound in this area are considered Coastal Waters, classified as SB and are closed to shellfish taking. There is >_7.5 miles of open water to the south of the site. The bottom substrate is made up of fine sands and water depths within the eroded areas range from 0.5' to ±1.5' below NWL and ±3' to 4' below NWL waterward of the breached bulkhead. Submerged Aquatic Vegetation (SAV) was not observed growing within the project area. Both adjacent riparian properties have been developed with single-family dwellings, have bulkheaded shores and docking facilities. The adjacent property to the west also has a concrete boat ramp. It should be noted that the existing bulkhead alignment appears to have been intact in Google Earth's March 2017 aerial imagery; however, it was breached prior to Tropical Storm Michael. That storm as well as strong seasonal SW winds and Hurricane Dorian significantly increased the shoreline erosion. Development Proposal In order to prevent further erosion to the site and reclaim eroded land, the applicant proposes to construct ±280' of vinyl bulkhead 2' waterward of the existing breached bulkhead alignment. The proposed alignment will overall average ±24.4' waterward of the current NWL with a maximum distance of ±42'. This alignment will tie into an existing bulkhead corner on the east side of the property and return landward along the western property line. On Lot 2, 15' from the eastern property line, the applicant proposes to install a 20' wide concrete boat ramp. The end of the ramp will be located at the proposed bulkhead alignment and will extend landward ±94'. The ramp is located at the widest eroded area and it is anticipated that this will result in minimal shallow bottom excavation to achieve ramp slope to the ±3' water depth on the waterward side of the bulkhead. Return walls will be constructed along the ramp. Excavated material resulting from grading & excavation will be stored within the highground area landward of the 75' AEC. Donald M. Strickland Field Investigation Report Page 3 The applicant proposes to remove the remnant pier and construct a 11O'x5' pier with a 12'x10' platform in a "L" configuration on Lot 1. Boat slips are not proposed with the pier and water depths are ±4' below NWL. The proposed pier & platform are similar to others in the area, meets the % width rule and does not encroach within the 15' setback. In addition to the above, the applicant proposes to excavate and grub the existing tree stump & root systems and then grade the entire highground area of the 75' AEC. Anticipated Impacts . The construction of the bulkhead along the proposed alignment will result in the shallow bottom fill of ±6,820 ft2 of Estuarine Waters and Public Trust Area AEC's with clean fill from an upland source. . The construction of the bulkhead along the proposed alignment will result in the placement of ±252.6 cubic yards of fill material below NWL. . The construction of the boat ramp will result in the excavation/grading of ±900 ft2 of Estuarine Waters and Public Trust Area AEC's. . The proposed pier and platform will result the shading of ±670 ft2 of Estuarine Waters and Public Trust Area AEC's. Bulkhead installation, boat ramp installation, removal of tree stumps and upland grading will result in ±22,500 ft2 of land disturbance within the Estuarine Shoreline AEC. Submitted by: Ron Renaldi Date: 10/9/2019 RECEIVED OCT 10 2019 DCM-MHD CITY r 0 Gf 7,e. .c.,ld o/ /I/C krrL�lv�td +��'ej� /4N.e .g rC D M-EG DEED OF TRUST SECURING FUTURE ADVANCES WHEN RECORDED MAIL TO: FIRST BANK, LOAN OPERATIONS, 355 N BILHEN ST, TROY, NC 27371 SEND TAX NOTICES TO: FIRST BANK. PO BOX 926. TROY. NC 27371 This Deed of Trust prepared by: X Samuel Dixon and First Bank THIS DEED OF TRUST is dated March 15, 2019, among DONALD M STRICKLAND, JR., and Spouse, CHARLENE D STRICKLAND, whose address Is 230 LIVINGSTON CHAPEL RD, DELCO, NC 28436-9364 ("Grantor"); FIRST BANK , whose address is LELAND, 10 WATERFORD BUSINESS CTR WAY, BELVILLE, NC 28461 (referred to below sometimes as "Lender" and sometimes as "Beneficiary"); and Kirsten E. Foyles, Esq., whose address is 340 Commerce Avenue, Ste 17B, Southern Pines, NC 28387 (referred to below as "Trustee"). CONVEYANCE AND GRANT. NOW, THEREFORE, as security for the Indebtedness, advancements and other sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (including attorneys' fees as provided In the Note) and other valuable consideration, the receipt of which is hereby acknowledged, Grantor has bargained, sold, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to Trustee, and Trustee's heirs or successors and assigns, for the benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; all easements, rights of way, and appurtenances; all water, water rights and ditch rights (including stock in utilities with ditch or irrigation rights); and all other rights, royalties, and profits relating to the real property, including without limitation all minerals, oil, gas, geothermal and similar matters, (the "Real Property") located in Perqulmans County, State of North Carolina: See Attached Exhibit A , which is attached to this Deed of Trust and made a part of this Deed of Trust as if fully set forth herein. The Real Property or its address is commonly known as Lots 1 and 2 Goose Nest Annex Osprey Lane, Hertford, NC 27944. To have and to hold said Real Property with all privileges and appurtenances thereunto belonging, to the Trustee, his heirs, successors and assigns forever, upon the trusts, terms and conditions and for the uses hereinafter set forth. RECEIVED ocT 10 mg DCM-MHD CITY j r—_. _ - I - DEED OF TRUST (Continued) Page 2 Grantor presently assigns to Lender (also known as Beneficiary in this Deed of Trust) all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lender a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: FUTURE ADVANCES. The Indebtedness secured by this Deed of Trust is for present and future advances and/or present and future obligations that may from time to time be made or incurred under this Deed of Trust and this Deed of Trust is given to secure all present and future advances and/or obligations made to or incurred by Grantor. The period in which future advances may be made and/or future obligations may be incurred and secured by this Deed of Trust is the period between the date hereof and that date which is thirty (30) years from the date hereof. The amount of present obligations secured by this Deed of Trust is Seventy-five Thousand & 001100 Dollars ($75,000.00) and the maximum principal amount, inducing present and future advances and/or obligations, that may be secured by this Deed of Trust at any one time is Seventy-five Thousand & 00/100 Dollars ($75,000.00.) This Deed of Trust shall also secure all payments made, sums advanced, and expenses incurred by Lender (A) for insurance, taxes, and assessments, (B) to protect Lenders interest under this Deed of Trust, or (C) to preserve and protect the value or condition of the Real Property encumbered by this Deed of Trust and shall have the same priority as if they had been paid, advanced or incurred at the time this Deed of Trust was registered. Further advances may be made and additional obligations secured by this Deed of Trust may be incurred from time to time within the thirty (30) year time limit fixed by this Deed of Trust, provided that the maximum principal amount of obligations outstanding at any one time shall not exceed the maximum amount set forth above. All future advances and/or obligations shall be considered to be made or incurred pursuant to the requirements of North Carolina General Statutes Sections 45-67, at. seq., or any amendments thereto. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Deed of Trust, Grantor shall pay to Lender all amounts secured by this Deed of Trust as they become due, and shall strictly and in a timely manner perform all of Grantor's obligations under the Note, this Deed of Trust, and the Related Documents. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, treat, dispose of or release any Hazardous Substance on, under, about or from the Property, and (b) any such activity shall be conducted in compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Cr Page 3 tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Deed of Trust. Any inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for indemnity or contribution in the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Deed of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Deed of Trust, including the obligation to indemnify and defend, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Deed of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender's interests and to inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With Disabilities Act. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lenders interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this Deed of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real Property. A "sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial interest in or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender if such exercise is prohibited by federal law or by North Carolina law. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: RECEIVED OCT 10 2019 DCM-MHD CITY Received DEED OF TRUST (Continued) , Page Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, special taxes, assessments, charges (including water and sewer), fines and impositions levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not due and except as otherwise provided in this Deed of Trust. Right to Contest Grantor may withhold payment of any tax, assessment, or claim in connection with a good faith dispute over the obligation to pay, so long as Lender's interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (15) days after the lien arises or, if a lien is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lender as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a fair value basis for the full insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Trustee and Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shall maintain such other insurance, including but not limited to hazard, business interruption, and boiler insurance, as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lender, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice is given by Lender that the Property is located in a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien RECgAm OCT 10 Z019 OCM-MHD CITY DEED OF TRUST (Continued) , f, l r Page 5 Property, or the restoration and repair of the Property. If Lender elects to apply the proceeds to restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Grantor's Report on Insurance. Upon request of Lender, however not more than once a year, Grantor shall furnish to Lender a report on each existing policy of insurance showing: (1) the name of the insurer; (2) the risks insured; (3) the amount of the policy; (4) the property insured, the then current replacement value of such property, and the manner of determining that value; and (5) the expiration date of the policy. Grantor shall, upon request of Lender, have an independent appraiser satisfactory to Lender determine the cash value replacement cost of the Property. LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lender's interest in the Property or if Grantor fails to comply with any provision of this Deed of Trust or any Related Documents, including but not limited to Grantor's failure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Deed of Trust or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for insuring, maintaining and preserving the Property. All such expenditures incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity, The Deed of Trust also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Deed of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property in fee simple, free and clear of all liens and encumbrances other than those set forth in the Real Property description or in any title insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lender in connection with this Deed of Trust, and (b) Grantor has the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Title. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced that questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representations and Warranties. All representations, warranties, and agreements made by Grantor in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature, and shall remain in full force and effect until such time as Grantor's Indebtedness shall RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Page s be paid in full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable costs, expenses, and attorneys' fees incurred by Trustee or Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Deed of Trust. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Rents and Personal Property. In addition to recording this Deed of Trust in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lender and make it available to Lender within three (3) days RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Page T after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Deed of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES; ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a part of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, refiled, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. The lien of this Deed of Trust and the security interest granted hereby will automatically attach, without further act, to all after -acquired property attached to and or used in the operation of the Property or any part thereof. Unless prohibited by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attorney -in -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. if Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Deed of Trust, Lender shall submit for recording a satisfaction of security instrument and shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Any reconveyance fee required by law shall be paid by Grantor, if permitted by applicable law. DEFAULT. Each of the following, at Lender's option, shall constitute an Event of Default under this Deed of Trust: Payment Default. Grantor fails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Deed of Trust to make any payment for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Other Defaults. Grantor fails to comply with or to perform any other term, obligation, covenant or condition contained in this Deed of Trust or in any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. Compliance Default. Failure to comply with any other term, obligation, covenant or condition contained in this Deed of Trust, the Note or in any of the Related Documents. Environmental Default. Failure of any party to comply with or perform when due any term, obligation, covenant or condition contained in any environmental agreement executed in connection with the Property. Default in Favor of Third Parties. Should Grantor default under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Grantor's property or Grantor's ability to repay the Indebtedness or RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Page 8 Grantor's ability to perform Grantor's obligations under this Deed of Trust or any of the Related Documents. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantor's behalf under this Deed of Trust or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished or becomes false or misleading at any time thereafter. Defective Collateralization. This Deed of Trust or any of the Related Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or lien) at any time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property secJring the Indebtedness. This includes a garnishment of any of Grantor's accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfeiture proceeding and if Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, in its sole discretion, as being an adequate reserve or bond for the dispute. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Affecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any Guaranty of the Indebtedness. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself insecure RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Deed of Trust, after Grantor's failure to perform, shall not affect Lender's right to declare a default and exercise its remedies. Accelerate Indebtedness. Lender shall have the right at its option without notice to Grantor to declare the entire Indebtedness immediately due and payable, including any prepayment penalty which Grantor would be required to pay. Express Power of Sale Provision. Upon the application or request of Lender, it shall be lawful for and the duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to sell the Property at public auction for cash, after having first complied with all applicable requirements of North Carolina law with respect to the exercise of powers of sale contained in deeds of trust or such other sales appropriate under the circumstances; and upon any such sale, the Trustee shall convey title to the purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the powers granted in this Deed of Trust, or pursuant to any order and any judicial proceeding or otherwise, RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Page 9 the Property may be sold as an entirety or in separate parcels and in such manner or order as Lender in its sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Carolina General Statute Chapter 45. If Trustee so elects, Trustee may sell the Property covered by this Deed of Trust at one or more separate sales in any manner permitted by applicable North Carolina law, and any exercise of the powers granted in this Deed of Trust shall not extinguish or exhaust such powers, until the entire Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter further secured by any chattel mortgages, pledges, contracts of guaranty, assignments of lease or other security instruments, Lender may at its option exercise the remedies granted under any of the security agreements either concurrently or independently and in such order as Lender may determine. Foreclosure. With respect to all or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice to Grantor to take possession of and manage the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by Lender, then Grantor irrevocably designates Lender as Grantor's attorney -in -fact to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lender may exercise its rights under this subparagraph either in person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of Lender. Other Remedies. Trustee or Lender shall have any other right or remedy provided in this Deed of Trust or the Note or available at law or in equity. Notice of Sale. Lender shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. Sale of the Property. To the extent permitted by applicable law, Grantor hereby waives any and all rights to have the Property marshalled. In exercising its rights and remedies, the Trustee or Lender shall be free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Fees; Expenses. If Lender institutes any suit or action to enforce any of the terms of this Deed of Trust, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Page 10 fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a part of the Indebtedness payable on demand and shall bear interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated postmjudgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lender as set forth in this section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; (b) join in granting any easement or creating any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lender under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Trustee's Fees. The Trustee's commission shall be five percent (5%) of the gross proceeds of the sale for a completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor shall pay all expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding Indebtedness, according to the following schedule: one-fourth of the commission before Trustee issues a notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hearing; three -fourths of the commission after a hearing; and the full commission after the initial sale. Express Power to Substitute a Trustee. Lender shall have the irrevocable right to remove at any time and from time to time without limit the Trustee named in this Deed of Trust without notice or cause and to appoint a successor by an instrument in writing, duly acknowledged, in such a form as to entitle such written instrument to be recorded in the State of North Carolina; and, in the event of the death or resignation of the Trustee named in this Deed of Trust, Lender shall have the right to appoint a successor by such written instrument, and any Trustee so appointed shall be vested with the title to the Property, and shall possess all the powers, duties and obligations herein conferred on the Trustee in the same manner and to the same extent as though the successor trustee were named in this Deed of Trust as Trustee. NOTICES. Any notice required to be given under this Deed of Trust, including without limitation any notice of default and any notice of sale shall be given in writing, and shall be effective when actually delivered, when actually received by telefacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Deed of Trust. Any party may change its address for notices under this Deed of Trust by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unless otherwise provided or required by law, if there is more than one Grantor, any notice given by Lender to any Grantor is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trus: RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Page 11 Amendments. This Deed of Trust, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Deed of Trust. No alteration of or amendment to this Deed of Trust shall be effective unless given in writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. If the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantor's previous fiscal year in such form and detail as Lender shall require. "Net operating income" shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. There shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Governing Law. This Deed of Trust will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the State of North Carolina without regard to Its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of North Carolina. Joint and Several Liability. All obligations of Grantor under this Deed of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor. This means that each Grantor signing below is responsible for all obligations in this Deed of Trust. No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Deed of Trust unless such waiver is given in writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right. A waiver by Lender of a provision of this Deed of Trust shall not prejudice or constitute a waiver of Lender's right otherwise to demand strict compliance with that provision or any other provision of this Deed of Trust. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender is required under this Deed of Trust, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of Lender. Severabllity. If a court of competent jurisdiction finds any provision of this Deed of Trust to be illegal, invalid, or unenforceable as to any person or circumstance, that finding shall not make the offending provision illegal, invalid, or unenforceable as to any other person or circumstance. If feasible, the offending provision shall be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shall be considered deleted from this Deed of Trust. Unless otherwise required by law, the illegality, invalidity, or unenforceability of any provision of this Deed of Trust shall not affect the legality, validity or enforceability of any other provision of this Deed of Trust. Successors and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors and assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and the Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of this Deed of Trust or liability under the Indebtedness. Time is of the Essence. Time is of the essence in the performance of this Deed of Trust. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Deed of Trust. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts in lawful money of the United States of America. Words and terms used in the singular shall include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in RECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) this Deed of Trust shall have the meanings attributed to such terms in the Uniform Commercial Code: Beneficiary. The word "Beneficiary" means FIRST BANK , and its successors and assigns. Page 12 Borrower. The word "Borrower" means DONALD M. STRICKLAND, JR.; and CHARLENE D. STRICKLAND and includes all co-signers and co -makers signing the Note and all their successors and assigns. Deed of Trust. The words "Deed of Trust" mean this Deed of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Default. The word "Default" means the Default set forth in this Deed of Trust in the section titled "Default". Environmental Laws. The words "Environmental Laws" mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ("CERCLA"), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, at seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default. The words "Event of Default" mean any of the events of default set forth in this Deed of Trust in the default section of this Deed of Trust. Grantor. The word "Grantor" means DONALD M. STRICKLAND, JR.; and CHARLENE D. STRICKLAND. Guaranty. The word "Guaranty" means the guaranty from guarantor, endorser, surety, or accommodation party to Lender, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words "Hazardous Substances" mean materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word "Improvements" means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obligations or expenses incurred by Trustee or Lender to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Lender. The word "Lender" means FIRST BANK , its successors and assigns. Note. The word "Note" means the promissory note dated March 15, 2019, In the original principal amount of $75,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. Personal Property. The words "Personal Property" mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds (including without limitation all insurance roceeds DECEIVED OCT 10 2019 DCM-MHD CITY DEED OF TRUST (Continued) Page 13 and refunds of premiums) from any sale or other disposition of the Property. Property. The word "Property" means collectively the Real Property and the Personal Property. Real Property. The words "Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Related Documents. The words "Related Documents" mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents" means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The word "Trustee" means Kirsten E. Foyles, Esq., whose address is 340 Commerce Avenue, Ste 17B, Southern Pines, NC 28387 and any substitute or successor trustees. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. THIS DEED OF TRUST IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS DEED OF TRUST IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: X �7Ile. (Seal) !tir '' D6 ALD M. ST JKjL4N - R. i X `7 (Seal) CHARLENE D. STRICKLAND RECEIVED OCT 10 2019 DCM-MHD CITY 1 Received DEED OF TRUST (Continued) INDIVIDUAL ACKNOWLEDGMENT STATE OFV�,c,rA.r \tic• ) SS COUNTY OF .C. \c ) Page 14 I, ``k,-2r"r'� , a Notary Public for said County and State, certify that DONALD M. STRICKLAND, JR. personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial Seal this the \ - day of vti1 ti, Q- v-, . 20 MCA . Notary Public My Commission Expires: NOTARY o PUBLIC ? RECEIVED OCT 10 2019 DCM-MHD CITY Received DEED OF TRUST (Continued) Page 15 INDIVIDUAL ACKNOWLEDGMENT STATE OF C` � c yiA �rC� )SS COUNTY OF\r 1, . -a Notary Public for said County and State, certify that CHARLENE D. STRICKLAND personally came before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and Notarial Seal this the \=', day of Yti r c h , 20 1 My Commission Expires: � C —1 , pl0 $ RC z PV r >\ j Notary Public LaserPro, Ver. 18.1.10.007 Copr. Finastra USA Corporation 1997, 2019. All Rights Reserved. - NC C:\CFI\LPL\G01.FC TR-118233 PR-10 RECEIVED OCT 10 2019 DCM-MHD CITY DM Strickland 9/5/2019 Bulkhead/pier replacement, boat ramp Site: 102 Osprey Lane Hertford NC 27944 I am seeking a permit/permits to replace 300' of failing bulkhead with anew vinyl bulkhead and replace the old damaged pier. I am also wanting to install a boat ramp in the location of eroded soils on lot 2. The bulkhead is 300.8' made of wood that has failed in three locations. I plan to construct a new vinyl bulkhead 2' in front of the old bulkhead across the waterward side of the lots. I plan to backfill the eroded areas with dirt/sand from local quarries. I have indicated the eroded areas on diagram page 1. The old pier is 110'long with a 10'x12'dock and was damaged prior to the property purchase. I plan to rebuild the pier back to the original length in the same location on lot 1. The pier will be constructed of wood as before in the same configuration as indicated on diagram page 1. The proposed boat ramp I would like to install on lot 2 in the location of the eroded area in the corner of the lot. Placing a ramp there would reduce the amount of backfill and is landward of the water (bulkhead) as indicated on diagram pages A2. The size of the ramp maybe smaller due to the installation of bulkhead materials. These are proposals that I am aware you may change or not allow. I would like to work with you to resolve any issues/problems or find better solutions to quickly stop the further erosion of my property. I have received a significant amount damage or square footage (+-6,000 sq.ft ) loss due to Hurricane Michael (damaged old bulkhead) and from southwest windstorms. With the new hurricane season this will continue to worsen. Thank you. If you have questions or need more information that that I have not provided you can contact me at email: barehandhooker@hotmail.com or call me at 910 617-8212. aka„ a:P!j$I . 6.r.j01--5;jf- RECEIVED OCT 10 2019 DCM-MHD CITY ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to:All- Rg;n.ra /3.v.et/i A. Stgr,aWre < B. Recdved by OYededAVme1 I C. Bete Ott a b deliveryaddress daferer0 flan Rem 11 - u ref If YES, enter delivery address below. ❑ No 111111Jill 111111111111111111111111111111111 3. !UltSwTyP� PPrkrlbtael Mall- 0 ndwr Ice Typo D rreeb Mal EXP 9590 9402 4643 8323 5531 30 o CN~ Adult Reatrb`e° oeaven ❑ n.dneed Ma rmvkn 0 CWfflW MM PMtrk,ted Delhary o oneh�mrrnecepc for ❑ Cotect an oellvay NercbarMtre Mile Numher rfO gfiv enm wwrv4>A bNe ❑ C .t .aneiivay Pe WcWd Dell D alSlYnn�re ���n 7017 1070 11000 6978 8838 Mall Reatrl tod Dehay newcw Deewry PS Form July 2015 PSN 7630-02-000A063 ■ Complete tems 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to; M,hle a �04144W /-4//5 llv D y�ieey Calve 1101(11,ty /VC a7liuy 2. 9590 9402 4643 8323 553123 7017 1070 0000 6978 8821 PS Form 3811, July 2015 PSN 7630 o2-000-9063 O Agent C. Date of Delivery Is delivery address ddl from Rem 1? ❑ Yea If YES, enter dells address below: p No , •.. =, ❑Flo ee ExpagS� ' 12% ❑ rasa.,, d DelM1ary�., ❑ Mall Resekted belh'err 'rO Rat for Dona lc Return RECEIVED OCT 10 Z0I9 DCM-MHD CITY DATE: q S-,.12dl9 NAME: iC/ MdNc/ ADDRESS:IV 14� / A/ CITY: d/i/1eb' ST At ZIP rrr U RE: To Whom It May Concern: NAME) This correspondence is to notify you as a riparian property owner that el, "// VA �04srcl is applying for (insert property owner name or company) a CAMA Major permit to 00 lot on property located at {insert project property address / county) which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: Q Al 511f.wdo/ as soon as possible. (insert name of responsible party) If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 401 S. Griffin St., Ste 300., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at410 6/7. S01/0, (insert phone number) or the Division of Coastal Management at 252- 264-3901. Sincerely, ov I ERf�S T M �ave no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must Initial the appropriate blank below.) I do wish to waive the 15' setback requirement. � do not wish to waive the 15' setback requirement. Ant Name F& to? nature of Adjacent Property Owner I Mailing Addrest anft&tmall Address Lr r 6't/ 1 Ole P o V� o Ci Phone Number �O QG Coastal Management ENVIRONMENLLL OUAtIll EMAIL MEMORANDUM TO: The Perquimans Weekly Hertford, NC 27944 c/o edalegals@dailyadvance.com FROM: Ella Godfrey DATE: October 10, 2019 SUBJECT: Major Public Notice: Donald Strickland ROY COOPER i,aM'IIIM MICHAEL S. REGAN &,cwary BRAXTON C. DAVIS Doettm' Please publish the attached Notice in the Wednesday, October 16, 2019 issue of THE PERQUIMANS WEEKLY. Please note that this is for a one -day publication only. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Greg Bodnar, Assistant Major Permits Coordinator, DCM, Morehead City Tricia Smith, PIO, DMF/DCM, Morehead City Jessica Gibson, Budget Officer, DCM, Morehead City File RECEIVED %'Nothing Compares - , OCT 10 Z019 Stale ofNolth Carolina I r2mronatental QuahtY I CasVl h4101v01111111l MHD CITY 401 S. Gnffin St., Ste MO 1131inbdh City, NC 27909 DCM- 252-264-39011252-331-29511fa.) NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 09/30/19. Donald Strickland proposes to construct a bulkhead 2' waterward of an existing breached bulkhead, backfill an eroded area, install a boat ramp, construct a pier with a platform and grade the high ground area at 102 Osprey Lane, lots 1 &2 in Perquimans County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264- 3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 11/05/19, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: DATE Wednesday, October 16, 2019 RECEIVED OCT 10 2019 DCM-MHD CITY ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Donald Strickland 230 Livingston Chapel Road Delco, NC 28436 Dear Mr. Strickland: NORTH CAROLINA Environmental Quality October 10, 2019 The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval to construct a bulkhead 2' waterward of an existing breached bulkhead, backfill an eroded area, install a boat ramp, construct a pier with a platform and grade the high ground area located at 102 Osprey Lane, (lots 1 & 2) in Perquimans County. It was received complete on September 30, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is December 14, 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. If this agency does not render a permit decision within 70 days from September 30, 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 held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. D RECEIVED OCT 10 2019 North Carolina Department of Envlrorlm@ital Quality I Division of Coastal Management ENzabettiCityofncr 14015out a27909 OCM-MHD CITY 252.264.3901 Donald Strickland October 10, 2019 Page 2 of 2 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 or if you wish to receive a copy of the field report. Sincerely, Ron Renal District Manager, Northeastern District NC Division of Coastal Management RR/eg Enclosure cc: Gregg Bodner, Assistant Major Permits Coordinator, DCM, Morehead City, NC RECEIVED OCT 10 2019 DCM-MHD CITY NOTI(ol$174A W o � o W cD . � o CAMA PERMIT APPLIED FOR PROJECT: Construct a bulkhead 2' waterward of an existing breached bulkhead, backfill an eroded area, install a boat ramp, construct a pier with a platform and grade the high ground area COMMENTq ACCEPTED TP PO UCH November 5, 2019 APPLICANT: Donald Strickland 230 Livingston Chapel Road Delco, NC 28436 910-617-8212 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW. �1 Ron Renaldi 401 S. Griffin Street, Suite 300 Elizabeth City, NC 27909 252-264-3901, ext. 235 MAJOR PERMIT FEE MATRIX Applicant' 1 o nu I C t\ , 5 Ir i c k I c.n Selection Development Type Fee DCM % (143001601 4351000031q6266253)(243001602435100095 DWa % 2341)I. Private, non-commercial development that does not $250 100%($250)0% ($0) involve the filling or excavation of any wetlands open water areas: Ii. Public or commercial development that does not $400 100% ($400) 0% ($0) Lor involve the filling or excavation of any wetlands or o en water areas: Major Modification to a $250 100% ($250) 0% ($0) CAMA Major ermit III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B. C, or D below a ies: MEN El III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 4097 (See can be applied: blic or commercial ent, if General $400 100%($400) 0%($0) Mdevelopment, alityCertification (See attached) lied: eneral Water Quality Certification No. $400 60% ($240) 40% ($160) 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns d to water quality or life: General Water No. $400 60%($240) 40%($160) e attached) cannot PCertification Fapolied: ied:development that the filling and/or $475 60%($285) 40%($190) ion of more than cre of wetlands and/or RECEIVED water areas: OCT 10 2019 DCM-MHD CITY NC Division of Coastal Management Cashier's Official Receipt Received From, J y) �' ' C C l4' Permit No.: cT`4" 142J 1 1 Applicant's Name:^..i0^'e0'��% �f'-xlwi Project Address: LI fell IZ*Al-e- 9003 & s C D Date: �D 20 L� y Ilee .uy Check County: Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: `' 'L '4 ' J,,J/ Signature of Field Representative: ✓ Date: Date: RECENED 0c, 10 2019 Dcm-MHD CITY RECENED 0c, 10 2019 Dcm-MHD CITY —This is a word processing form to be completed in Microsoft Word*** NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Applicant: Project Site County: PergWmans District: Permit Authorization: CAMA ElDredge & Fill MBoth SITE DESCRIPTIONIPERNIT INFORMATION PNA: []Yes No Photos Taken: Yes ® No❑ Setback Required (dpartan): [I Yes No Critical Habitat: 0 Yes ❑No ❑Not Sure 15 foot waiver obtained: ❑Yes MAki Hazard Notification Returned: []Yes ®No SAV: Yes ®No ❑Not Sure Shell Bottom: []Yes ®No ❑ Not Temporary Impacts: ®Yes ❑No Sure Sandbags: ❑Yes ®No ❑ Not Sure Did the land use dassificstion come from Mitigation Required (optional): countyLUP. ®Yes ❑No []Yes ®No Moralodum Conditions: Yes ®No Environmental Assessment Done: ❑NA ❑Yes ❑No ®NA SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (S W) ❑ High Quality Waters (HQW) 0 Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional C1 (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Sallcomis sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh oordgrass (Spardna ❑ (S)9 Salt reed grass (Sporfina altemlflors) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) BuNrush or three square (Sdrpus ❑ (TY) Cattail (Typha sp.) spicata) Sp.) ❑ (JR) Black neecilerush (Juncos ❑ (SP) SalNmeadow grass (Spaidna roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ Ill(A) Private w/ D&F up to 1 acre; ®111(D) Pdv. public or Comm w/D&F to 1 3490 can be applied - $250 acre; 3490 can? be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer- $100 ❑ Ill(B) Public or commercial w/ D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ It Public or commerdaUno dredge $100 andlor fill - $400 ❑ 1. Private no dredge andbrU- $250 ❑ III(C) Priv. public or comm, wA7&F to 1 T 1 20�9 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1-888-4RCOAST of www.nccoastaimanagemenl. net revised: Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Donald M. Strickland Date: 10/92019 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found In yourActivldes code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dhnemtion 4 One One Bulkhead (not i Now Work ® Replace 280 1 4 24.4 nwl vinyl) Maint ❑ ❑ Y ® N Fill (Shoreline New Work ® Replace 263 Stabil. Below Maint ❑ ❑ Y ® N H2O level High Ground New Work 9 Replace 300 75 Disturbance Maint ❑ ❑ Y ® N New Work ® Replace 110 5 Pier'L' Head 1 Maint ❑ ❑ Y ® N New Work R Replace 12 10 Platform 1 Maint ❑ ❑ Y ® N Boat romp 1 New Work C9 Replace 94 20 Maint ❑ ❑ Y ® N New Work ® Replace Maint ❑ ❑ Y 1911 New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace MeiM ❑ ❑ Y ❑ N New work ❑ Replace Maint ❑ ❑ Y [IN New Wotk ❑ Replace Maim ❑ ❑ Y ❑ N New work 0 Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace AWN❑ ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Wbik❑ Replace RECEIVED Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New work 0 Replace Maint ❑ ❑ Y ❑ N Nov. 2012 NC Division of Coastal Mgt. Application Computer Sheet, Page :1 of 3) Applicant: Donald M. Strickland Date: 1092019 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for Disturbance total includes any anticipated restoration or tomp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration andlor temp impact amount TOTAL Feet (Applied for. Disturbance total includes any anticipated resforation or hunic im s) FINAL Feet (Anticipated final disturbance. Excludes any restoration andror temp impact amount High Ground Dredge ❑ Fill ❑ Both ❑ Other ® 22,500 22,500 Shallow bottom Dredge ❑ Fill ® Both ❑ Other ❑ 7,720 7,720 Shoreline Dredge ❑ Fill ® Both ❑ Other ❑ 300 300 Open water Dredge ❑ Fill ❑ Both ❑ Other ® 670 670 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ FIN ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fit ❑ Both ❑ Offer ❑ Dredge ❑ Fig ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ F9 ❑ Both ❑ Other ❑ Dmdge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED OCT 10 2019 DCM-MHD CITY 252-808-2808 :: 1-888.4RCOAST :c www.nccoastalmanagement.nel revised: Nov. 2012 ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director October 10, 2019 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax 252-247-3330 (Courier04-16-33) gregg bodnar(a ncdenr.gov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: Donald Strickland Project Location: 102 Osprey Lane, Lots 1 & 2 in Perquimans County Proposed Project: Construct a bulkhead 2' waterward of an existing breached bulkhead, backfill an eroded area, install a boat ramp, construct a pier with a platform and grade the high ground area 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 October 31, 2019. If you have any questions regarding the proposed project, contact Ron Renaldi (252-264-3901, ext. 235) 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" PRINT NAME AGENCY SIGNATURE DATE 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. e,41WE'M RECEIVED OCT 10 2019 DCM_MHp CITY North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 3001 Elizabeth City. North Carolina 27909 252.264.3901 DCM Coordinator: Greg Bodnar Distributed Yes® No ❑ Applicant: Donald Strickland Distribution Date: 10/10/2019 AGENCY ECRO Community Develo ment/LPO Dan Porter DCM Planner CharlanOwetts ElizCity US COE: Raleigh Bland (Beaufort Camden, Chowon, Craven, Hertford, Hyde, Perquimans, Tyrrell) Community Assistance Lee Pedrick (Beaufort Carteret Craven, Eliz City, Pamlico, Washln ton Cultural Resources Renee Gledhill -Earley Div. of Water Infrastructure (No longer public Water Supply) Of Whitfield Marine Fisheries Curt Weychert WARO/ECRO NC DOT David Harris Shannon Jenkins Shellfish Sanitation Sharon Gupton Tim Walton State Property Mike Moser Wanda Hillard DEMLR/DWR: Sheri Montalvo Shelton Sullivan DEMLR Sediment & Erosion- Samir Dumpor Storm water- Roger Thorpe DWR 401- Anthony Scarbraugh WRC Maria Dunn (wARO) National Heritage Program Rodney Butler RECEIVED OCT 10 2019 DCM-MHD CITY C:\Users\emgodfrey\Documents\Major Permits\lenner\Maj comment Distribution sheet for lenner.docx Revised : 6/29/2018 F- 0 � LLI N U > o W - _ W c- C:) U N r� M � •30' h -s�- `ti� /j/ E�muo—n 8��acy�ll •J ✓'�a1/,elio��� O 2e-) 40 — 1y9, t -- sr'� ram----•- C,qh /3a GAF' ' ! Fieyw �i 3,03_- .f Q wale a/f*,1, j�a e s Iq RECEIVED OCT 10 2019 DCM-MHD CITY 9q, _ _--fit.—�--., ...�.. `xr✓a„c%� ��•�x�s•.-'u:or o LLB > � N c � U � w Lu U C£R77F7CA T£ OF ACCURACY I, 1H. MILLER, R.., A" LYRRFY 7HAT 7HI5 PUT W.IS DRAWN UNDER MY SUPERMSlOV FROM AN ACTUAL SURWY MADE UNDER MY SUPERN90V PROM M. 395 PG 67 7HAr THE BOUNDARIES NOT SURI£YED ARE 9/0IWO AS OASYED ONES AND ARE CLEARLYWOC47ED AS DRAWN FROM /NFOPMA77GV FOUND IN (SEE ADO/DLNAL REFERENCES /N NO7F5), 7HAT 7H£ RA DO Or PRE090N OR PO977OVAL ACCURACY AS CALCULATED /S 1: 10,000+; 7HAT 7HE GLOBAL P0977OV/NG SYS7EM (CPS•) SURWr AND 7HE FOUOWING 7NFORMADCN WAS USED 70 PERFORM 7HE WM (DUAL CONSNUA77CNS) SURWr. 1.) GLASS OF SUR6EY.� CLAss A S) � A �G-S -RWs�1CA/�Q'''•., FELD A9LY£OU2-GENRE A) OA 7F OF SURWrAERR//ARY 20 '� 2019, 6..) DATUM / EPOCH• NC GRID - NAn AT(2011). EPOCY/ 2010 p� � A� •, ` (3 SS /1, ' 1 6.) PUBUSYED /F/AED CON7ROL USE 2.�� 7) 4701D M00EL: GEOD B) COMS/NED FAC7M0.99997897 SEAL _ 9.) UWM US giRWY FEET L-4958 rHAT 7H/S PLAT WAS PREPARED /N ACCORDANCE IW7H GS 47-30 AS AMENDED. p± �t� O:• J.N. MKLER, Jl., ALSO CE,RRFY, 7HAT THE SURWEY /S $U �� N[Yt1Tl CARa /NA. •i ✓ �' �� nOUNTY OF PERLYOMANS �'•i H OF AN EN/S7WC PARCYZ L1P FARMS LAND AND A41LLER, ��`, 'C/NITY MAP NOT TO SCALE DOES NOT CREATE A NEW S7REFr OR OYANCE AN EX/S77NG SIREFT. ''•/I 1 rl���`` L SEW OFF/Ll'A OF PERIX//MANS COVNrK CERTIFY THAT 7NE MAP OF PUT TO WWCH 7HIS CERARCA PON /S AFFIXED MEF7S ALL S7A 7UTORY REOWREMEN75 FOR RECORDING ___2 _ __________{r_____s OAIE RENEW 0'}7CER .Oki $� V , Wed ti O F m 60'RIG/FOFWAYPC 1 v 29 Jp g po�.�L 00- 299. 65' IV N 803935�" E S 8017'04' W , B67J0866' E 2781JJ2.07' I/9.B5"Y� vY\�— �i 750 C0' N 8673815g! V (DE) Ii- M.. , 5M9— D—B9 2'— G —0 2 E 278777576' iI W^ NO7FS. li v Q 'o i CURRENT PROPERTY OR HERS PETER A. h ANNA C 9M ' I I 7R 9M fAWBCLY PO = J700 IOU MS&WrF ✓A 23787 Q cd Q h 1 "Y ' I W • 7H/S SURY WAS PERFORMED WITHOUT 7HE YFSEN&7T OF A 777LE REPORT AND MAY NOT ppI �CBRANCESS 1/AET ASf� TT THE ERTY. I ci I '^I 4 1 I ' o, ` WS PRMERrY /S 5U8, Cr TO ALL SE78ACK AND H BY _ w I Si I PEROUMAN �NTY �NG OPDWA CE AND I% LOT J Q LOT 2 Q I� I EASEM 75 PER B RECORD 90 ACWS AND ❑Opp 57, 500 SO. FT Q 1.W- AC Ia 61,025 SO. FT. 1.401 AC h 14 1-OOB3-0001- NA '6,' 1,4 _ 1-DO83-0002-6NA 0 O W a' 4 �+ (W000E0) H I ' Q ' (WVDoL•O) , , 4pp'� �_ 4 V IZi 5' URUrY EASEMENT T I '1 ^ I Q O ti D.B 9..E PG 90 , I�'I I hhl f• 75' MBC. O.S. ti 7• ... - . 00D I OVE ' �� I[WE.04 zO4E AO* - i i M96' .i ,_ ... .. S74-,942 W N��9t2 W R AL B£�'4 EiI U. e UNE TABLE a 7H R UNE LENG O/ EC7AON LI -134' N B6' S0' t1, W L1 2J8' N 10. O4' 31" w PRO/ECT NUMBER ✓190d7 VC ...........Bi N B9111. W _ I GRAPHIC SCALE 80 0 80 1 inch 80 R • AREA BY COOPO/NA7F ME7H0D ALL DISTANCES HOP/IGWTAL GROUND. THIS SURVEY IS BASED OV FOUND MCWUMENTADON AS Sr/ONN HEREON LEGEND FOUND MAC NAIL FOUND IRON ROD FOUND IRON PIPE • SET MAC NAIL • PGNT oN BULKHEAD U7/L/TY POLE T 7EZEWMMUN/CATKIN PEDESTAL ❑00000000❑ -------------- .................. SCALE., I•=80' PHYSICAL SURVEY FOR J.H. M/LLtK, ✓/f. OGWi4L0 A//IQiE[L SlkyyG�7AN0, 6e &4 CilAafN£ 4NrSE SITIMAW LAND SURVEYING 109 MARKET STREET HERTFORD, NC 279" L07S 1 & 2, GODS£ NEST LANE ANNEX PROFESSIONAL LAND SURVEYOR /: L-4956 P. C 1• SL. 29 Phoa.: (252) 426-1000 BETHEL TOWNSHIP PEROU/MANS COUNTY NORTH CAROLINA E-Mail: )hDlhm)la.00m WWW.hlmhleflflatlllfrllV1111h1[1_GN,1