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
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DCM - LUP Consistency Determination
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Local Permit Officer
Corps of Engineers - Regulatory Branch
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DWR-Public Water Supply
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DEMLR-Stormwater
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Wildlife Resources Commission
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DMF - Shellfish Section
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DNCR-Archives & History
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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
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APPROVED
North Carolina Envtmnmantal
Managerr�rt Canmisdon
E3RrtsExs mfV9 �r Resources
Dow 11/13 , . 19
pemot# 19-1398
Eros,',,,,c Escor��n}
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APPROVED
NwM Carogns Environmardal
'Managom,rA0=m!ss7=
omsim af viaw Posculces
Date 11/13 19
19-1398
o43
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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
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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
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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
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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
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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
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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,
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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'
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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
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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
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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
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(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
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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 ?
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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-
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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
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1101(11,ty /VC a7liuy
2.
9590 9402 4643 8323 553123
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PS Form 3811, July 2015 PSN 7630 o2-000-9063
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C. Date of Delivery
Is delivery address ddl from Rem 1? ❑ Yea
If YES, enter dells address below: p No
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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
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RECEIVED
OCT 10 2019
DCM-MHD CITY
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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