31-18 Loder Landing HOA

Permit Class
NEW
Permit Number
31-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Per mtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
_ Excavation and/or filling pursuant to NCGS 113-229
Issued to Loder Landing HOA, c/o John Ford, 237 Loder Ave, Wilmington, NC 28409
Authorizing development in New Hanover County adi. to the AIW W, at the end of Loder Ave.,
Wilmington as requested in the permittee's application dated 7/19/17 (MP-1), Received
DCM Wilmington 8/9/17 (MP-4), incl. attached workplan drawings (2), 2-3 of 4, both dated 7/13/17.
This permit, issued on April 6, 2018 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Community Marina Facility
1) This permit authorizes only the reconfigured docks, piers, 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 reconfigured docking
facility without permit modification. No non -water dependent uses of structures shall be conducted
on, in or over Public Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconfigured docking facility. Any sewage discharge at the reconfigured docking facility shall be
considered a violation of this permit for which the permittee is responsible. This prohibition shall be
applied and enforced throughout the entire existence of the permitted structure.
(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, 2021
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

Loder Landing HOA Permit Nq. 3171$
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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.
4) 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 a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) This pemut authorizes a maximum of 21 formalized boat slips and 2 temporary tie-up slips. At no time
shall more than 23 vessels be moored or docked at this community marina facility.
6) This permit does not authorize any tie pilings in association with the 2 temporary tie-up slips.
7) In accordance with commitments made by Loder Landing Company in association with the original
permit issued on April 18, 2001 (State Permit No. 46-01), and in order to ensure a closure of open
shellfish waters does not occur,.at no time shall any vessels with heads or cabins or over 24 feet in
length be docked, moored, or in boat lifts at the community marina facility.
8) The construction and/or operation of the authorized facilities shall not directly result in any closure of any
waters that are open to the taking of shellfish. Any such closure directly attributable to the community
marina facility shall require that the permittee undertake corrective actions to remedy the situation.. Such
actions may include, but are not limited to, a removal of any unauthorized slips or mitigative measures to
reduce or eliminate the cause(s) of the closure.
9) In order to satisfy concerns of the resource agencies, physical stops shall be placed on the reconstructed
boat lifts at a minimum height of 18" above the bottom substrate to prevent the boat lifts from disturbing
the bottom substrate. The physical stops shall remain in place for the life of the docking facility.
10) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owners' riparian access corridors.
11) No portion of the authorized docking facility shall extend into the federal channel setback.
12) Any portion of the permitted access pier and docking facilities built over Coastal Wetlands shall not
exceed six feet in width and shall be elevated a minimum of three feet over the wetland substrate as
measured from the bottom of the decking.
13) 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.
14) The authorized project is located within a primary nursery area (PNA). Therefore,, -in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is
not authorized. This prohibition shall be applied and enforced throughout the entire existence of the
permitted structure.
1

Loder 1,;.nding HOA
Permit No. 31-18
Page 3 of 3
ADDITIONAL CONDITIONS
15) The community marina facility shall display a sign showing the location of the nearest pumpout facility,
including other appropriate waste disposal,information, at the entrance and exit from the main pier.
16) In accordance with commitments made by Loder Landing Company in association with State
Permit 46-01, all structures authorized by this permit are for the private use of the subdivision residents
only. Any change in use may require a modification of this permit.
General
17) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
18) 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.
19) This permit does not authorize the interference. with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest.
20) No excavation or filling of any open water area or vegetated wetlands is authorized by this permit.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
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 proposed project by way of Nationwide
Permit 3 (Action ID No. SAW-2018-01659), which was issued on 9/6/17.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2000-
0569.
NOTE: An application processing fee of $250 was received by DCM for this project.

Coastal Management
ENVIRONMENTAL QUALITY
April 6, 2018
Southeastern Coastal Construction Co.
c/o Mr. Stephen Conway
6252 Towles Rd.
Wilmington, NC 28409
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON C. DAVIS
Director
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
Loder Landing HOA
Dear Mr. Conway:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on August 9, 2017. On October 27, 2017,
processing of your application was placed on hold pending a request for proof of deed
restrictions on the three waterfront lots. We received the requested information on March 26,
2018 and no further action is needed on the applicant's part. Therefore, processing of your
permit application officially resumed as of March 26, 2018. The revised projected deadline for
making a decision is June 5, 2018, as provided by G.S. 113A-122(c).
If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone], or by email me at [e-mail].
Cc: MHC Files
WiRO Files
Sincerely,
Cow
Bather Coats
Assistant Major Permits Coordinator
State of North Carolina I Environmental Olaftty I Coastal Management
MImI gton Office 1 127 Cardinal Drive Extension I WBmington, North Carolina 28405
9107%7215

14
DIVISION OF COASTAL MANAGEMENT
: I : 1'
1) APPLICANT: Loder Landing HOA
PROJECT NAME: Loder Landing Docking Facility
COUNTY: New Hanover
LOCATION OF PROJECT: end of LoderAve., adjacent to the AIWW and Myrtle Grove Sound, in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-9-17
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a
CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: n/a
FIELD REPRESENTATIVE: Courtney Spears DISTRICT OFFICE: WLEMINGTON
DISTRICT MANAGER REVIEW: .D ,4
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 8-25-17
SoHw-aJ &w 0Fr- gzV,-7
ADJ. RIP. PROP NOTICES REC'D: SoyTNaUjNO 9WTf 9ii,1J,-1
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE:hi
MAIL OUT DATE: 8-21-17
FEDERAL DUE DATE:
FEE REC'D: $250 #10426 /
END OF NOTICE DATE: 9-15-17
DEED REC'D:
ON:
150 DAY DEADLINE: VV 17 409 if y�j��
STATE DUE DATE: 9-15-17
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
Pact 17¢2mli YZc �2C�Y11 Gt 7 st
No"eO TD t7CM4 1-VA< `F-9 iS3 •
DATE
COMMENTS
RETURNED
OBJECTION
S:
YES NO
NOTES
Division of Community Assistance
VZZ/17
Division of Coastal Management-LUP Consistency
1 l $" lk
/
Public Water Section (DWR)
31
i
Land Quality Section (DEMLR)
$ 7/ 1
Division of Water Resources - 401 Section
5 l
2ooa 0.Sb
Storm Water Management (DEMLR)
213 1 7
i
State Property Office
l8 1
Division of Archives & History
Division of Marine Fisheries - Shellfish Section
Division of Highways (NCDOT)
31 1
Wildlife Resources Commission
�I
Local Permit Officer
ZC l
i
Dept. of Cultural Res / Underwater Archaeology
Division of Marine Fisheries - DCM
�f l8/I 1
�
GO AciA-fi O✓t � ��kr �� c��
Corps of Engineers - Regulatory Branch
d/(,l i'
HkEll
(JW3 I SS cy1.l17 3A W -Zv17 - 0110

RECOMMENDATIONS FOR — Loder Landing HOA c/o Stephen Conway 8/18117
The total area of floating dock and platform was calculated as follows:
Shoreline length = 235' x 27' = 6,345 ft2 allowable
Proposed incorporated area = 180' x 40' = 7,200 ft2
Total counted= 7,200 ft2
The docking facility would provide permanent docking space for twenty-one (21) vessels with
two (2) slips for loading and unloading, for a total of twenty-three (23) slips. It is staff's
recommendation that the proposal appears to be CONSISTENT with the use standards set forth
in NCAC 07H .0208(b)(6), including the %width rule and the pier width rule. It is staff's
recommendation that the proposal appears to be mostly CONSISTENT with the use standards
set forth in NCAC 07H .0208(b)(5), however the proposal may be inconsistent with 27 ft2 rule.
The total area incorporated would be 7,200 ft2 which is 855 ft2 greater than what is allowable
given the 235' shoreline length. However, given that the applicant is reducing environmental
impacts by transitioning from a floating structure to a fixed structure in a Primary Nursery Area,
it is the staffs recommendation that this proposal meets NCAC 07J .0211 for non -conforming
development. The structure would not be enlarged beyond its current footprint, and shading
from deck area would be reduced. The facility would still serve the same use for community
docking. Given the current rules this proposal appears to reduce impacts and would be rebuilt in
compliance with all other use standards. The proposed structures would be located over open
water, and would reduce bottom impacts by transitioning from a large floating structure to a
mostly fixed structure. This office has no objection to the proposed project provided it is
consistent with all other state and federal permitting requirements. Any permit issued should
include standard conditions for community docking facilities.
RECEIVED
AUG 2 3 7017
DCM- MHD CITY

T
MEMORANDUM
To: Heather Coats
From: Michael Christenbury, Wilmington District Planne
Subject: Consistency Determination, Major Permit Application, Loder Landing
HOA, Wilmington, New Hanover County
Date: January 18, 2018
The applicant proposes to reconfigure an existing docking facility. The property is
located at the end of Loder Avenue adjacent to the AIWW and Myrtle Grove Sound in
Wilmington, New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are EW-ORW and
PT. Waters at the project site are classified as SA-ORW and not open to the harvesting
of shellfish. The area is Primary Nursery Area.
I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover
County Joint Land Use Plan and offer the following comments.
The general area of the project is classified as Resource Protection while the AECs
impacted by the work are classified as Conservation. --
In general, Wilmington -New Hanover County allows development in Conservation
classified AECs, which is consistent with the State's minimum use standards. The 2006
Wilmington -New Hanover County Joint Land Use Plan contains some policies, which
exceed the State's minimum use standards. However, none of these standards appear to
be applicable to this proposal.
This project appears to be consistent with the 2006 Wilmington -New Hanover County
Joint Land Use Plan
Cc: File

Coastal Management
ENVIRONMENTAL QUALITY
August 21, 2017
TO
Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Duecmr
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d)-ncdenrgov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED P/1 DATED s'�Z 2-1
State of Nonh Carolina I Environmental Quality I Conant] Management
127 Cardinal Dnve Eat., Wilmington, NC 28405
910-796-7215

Eat
Coastal Management
ENVIRONMENTAL QUALITY
August 21, 2017
TO:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
2111
AUG 1 1 WIvl .on
ZOl7 ater R,
+ViRO p bwoWae s"urce
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsa(Dncdenrgov
Fax: [phone] (Courier 04-16-33)
Heidi Cox
Regional Engineering Supervisor
Public Water Supply-WiRO
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the A/WW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: _X_ This agency has no objection to the project as proposed.
"*Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNEd JL (1' Q r I A1), DATED
RECEIVED
DCMWILgMINGTON, NC
State of NotlM1 Carolina J Environmental Quality I Coastal Management AUGH.) 1 2017
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

ROY COOPER
Govemor
l.a
MICHAEL S. REGAN
secretary
Coastal Management BRAXTON DAVIS
ENVIRONMENTAL QUALITY Director
August 21, 2017 t -it, ,
TO: Dan Sams 2'
District Manager-DEMLR zp'�
Wilmington Regional Office
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm.,•NC 28405 heather. coats(o)ncdenr.gov
Fax: [phone] (Cour rep 416-33)
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
retur`T n this.form- to Heather.CoaWat the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested. ;
�F
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.
SIGNED DATED v ° 25 261
DCM WECEIVED
ILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Maaegement
127 Cardinal Drive ExL, Wilmington, NC 28405 AUG 2'8 2017
910-796-7215

ROY COOPER
Go. mr
Coastal Management
ENVIRONMENTAL QUALITY
TAug7ust 21
W
FF�OAA:
SUBJECT:
Applicant:
2017
RECENED/NCDENR/DWR
AUG 21 2017
Water quality Regional
Operaons Section
Wilmington Regional Office
�4
Chad Coburn
401 Wetlands
DWR-WiRO
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(oDncdenraov
Fax: [phone] (Courier 04-16-33)
CAMA Application Review
Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: "This agency has no objection to the project as proposed.
"`Additional comments may be attached"
SIGNED
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
Thgency objects to the project for reasons described in the attached
co' ent .
�v N DATED
-k-. � I K C-1IW6.50A)
DCM WILM NIGTON, NC
Slate of North Camlirn I Environmental Quality I Cea54al Management
127 Cardinal Drive Ev., Wilmington, NC 28405 SEP 0 5 2017 --
910-796-7215

%V
Coastal Management
ENVIRONMENTAL QUALITY
ROY COOPER
Governor
MICHAEL S. REGAN
se—ory
BRAXTON DAVIS
Dhwfor
August 21, 2017 CIL
rAlu
EIVE
G 2 1 2017
TO: \ *(b Georgette Scott
1 Stormwater Section BY,
DEMLR - WiRO
7DM: `, Heather Coats, Assistant Major Permits Coordinator
/Y1"I NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ftcdenr.aov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the A/WW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: —4LThis 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.
SIGNED 1--t DATED jS /Z,3 7
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive EM., Wilmington, NC 29405
910-796-7215

Energy, Mineral &
Land Resources
ENVIRONMENTAL OVALITV
October 18, 2017
John J. Ford
Loder Landing Homeowners Association
237 Loder Avenue
Wilmington, NC 28409
Subject: EXEMPTION
Stormwater Project No. SW8 170820
Loder Avenue Floating Dock Project
New Hanover County
Dear Mr. Ford:
ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
TRACY DAVIS
Director
On August 21, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources
received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and
specifications on August 23, 2017 has determined that the development activities proposed at this time will not pose
a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed
and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the
stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter,
we are informing you that this project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also
subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You
are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary
built -upon area associated with the construction of the project must be removed within 30 days of completion of the
project, or when it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Georgette Scott at
[phone], or via e-mail at [e-mail].
Sin ely,
For Tracy E. avis, P.E., Director
Division of Energy, Mineral, and Land Resources
GDS/gds: MStormwateAPennits & Projects12017 \170820 Exemption1201710 permit 170820
cc: Southeastern Coastal Construction Company
New Hanover County Building Inspections
Courtney Spears/Shaun Simpson DCM WIRO
DCM Morehead City RECEIVED
Wilmington Regional Office Stormwater File
OCT 31 2017
DCM- MHD CITY
State, of North Carolina I Environmental Quality I Energy, Mineral and Land Resources
Wilmington Regional Office 1127 Cardinal Drive Extension I Wlinilngton, NC 28405
910 796 7215

1^
Coastal Management
ENVIRONMENTAL QUALITY
August 21, 2017
TO: Tim Walton
Dept of Administration
State Property Office
RECEIVED
AUG 222017
DOA
rATE "RO�PERT
n Fhll F
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsaC)ncdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"*Additional comments may be attached"
5IF1: A7FAC+it:D
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.
SIGNED
DATED 57/"Z 3/1-7
RECEIVED
DCM WILMINGTON, NC
State ofNotth Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 AUG 2 8 2017
910-796-7215

r
Roy Cooper, Governor
North Carolina
Department of Administration
State Property Office
August 23, 2017
TO: Heather Coats
Assistant Major Permit Coordinator
FROM: Everette Moo
Real Property Agent
RE: CAMA Private Dock Construction Application Review
Applicant — Loder Landing HOA
Loder Avenue, Wilmington, New Hanover County
Machelle Sanders
secretary
Tim Walton
Director
REPLY : Please confirm that the proposed construction is not located within the 1000' USACE AIWW
easement area.
RECEIVED
DCM WILMINGTON. NC
State of North Carolina I State Property Office
116 West Jones Street, Suite 4055 11321 Mail Service Ctr. I Raleigh, NC 27699 AUG 2 8 2017
919 807 4650 TI Web: http://www.ncspo.mm

Coastal Management
ENVIRONMENTAL QUALITY
9 AUG 2 5 2017
HISTORIC PRESERVATION OFFICE
yr
ROY COOPER
Gavemor
MICHAEL S. REGAN
Se"'eary
BRAXTON DAVIS
1)lrecro,
August 21, 2017 ER n - 1572
TO: Renee Gledhill -Early
Dept. of Cultural Resources
Archives & History
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(a).ncdenr.gov
Fax: [phone] (Courier 04.16-33)
SUBJECT CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
V�4"SIGNED u^ tir
DATED R'V'I?-
RECEIVED
DCM WILMINGTON, NC
S E P 072017
Slate of North Carolma I Bnv ronmealal Quality I Co W MenaBement ft
127 Cardinal D.,e LxI, Wlhn,T wa, NC 28405 AUG 2 8 A /r
017
910-796-7215

fit,
Coastal Management
ENVIRONMENTAL QUALITY
August 21, 2017
TO:
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
ROY COOPER
GOw a.,
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCaiincdenroov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project. , I
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.
SIGNE DATED
JS/164410Lll t,4t�11' "I S Receive('
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Exf, Wilmington, NC 29405
910-796-7215
AUG 3 0 iiiii
DCM

Marine Fisheries
ENVIRONMENTAL QUALITY
August 30, 2017
u F4 ue:_►o N
TO:
From:
SUBJECT:
Applicant:
ROY COOPER
Governor
MICHAEL S. REGAN
rury
BRAXTON C. DAVIS
Director
Heather Coats, Assistant Major Permits Processing Coordinator
NCDEQ - Division of Coastal Management
Shannon Jenkins, Section Chief
Shellfish Sanitation & Recreational Water Quality
CAMA Application Review
Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
In Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
This 21-slip facility was originally authorized by CAMA Major Permit #46-01 and is in
waters that are open to shellfish harvest. The facility was permitted as an "Exclusionary"
docking facility in accordance with 15A NCAC 18A .0911 MARINAS: DOCKING
FACILITIES: OTHER MOORING AREAS. That is, the facility would have less than 30
slips, have no boats over 24 feet in length, no boats with heads and no boats with
cabins. A shellfish closure is not required for facilities that are permitted with these
conditions.
The applicant intends to include two additional slips at the site bringing the total number
of slips to 23. The additional slips alone would not cause a shellfish closure. However,
the conditions in Permit #46-01 summarized above would need to be included in the
new permit, as well as the existing and re -configured docking facility being fully
compliant with those conditions.
Received
AUG 3 0 1017
State of North Carolina I Division of Marine Fisheries M� /I
3441 Arendell Street I P.O. Box 769 1 Morehead City, North Carolina 28557 DCM
252-726-7021

UM
Coastal Management
ENVIRONMENTAL QUALITY
August 21, 2017
TO:
RECEIVED
AUG 211 !1117
David Harris
NC DOT
Roadside Environmental Unit
DISTRICT 3
ROY COOPER
Govemor
MICHAEL S. REGAN
Secretory
BRAXTON DAVIS
Direclor
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa)ncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATED L°I
R�^,E!VED
DCM WILMINQ`Illt NC
AUG 31 201!
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive E.1 , Wilmington, NC 29405
910-796-7215

ew
Coastal Management
ENVIRONMENTAL QUALITY
August 21, 2017
TO:
--. V1,ci&23. Dk
Maria Dunn
NC Wildlife Resources Commission
For WiRO
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
BRAXTON DAVIS
Director
AUG 2017
RECEIVED
curlm m
Promm
FROM: Heather Coats, Assistant Major Permits Coordinator �u.t
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa)-ncdenr.gov
Fax: [phone] (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats at the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
/ **Additional comments may be attached**
✓ This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED DATED1-A
RECEIVED
DCM WILMINGTON, NC
SEP 12 2017
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

I . —1 - ROY COOPER
MICHAEL S. RBGAN
&many
"CEIVVEDBRAXTON DAVIS
CoastalManagement
EWIROUMEWAL OUAU"
AUG 2 5 2017
August 21, 2017
NEW HANOVER COUNTY
PLANNING & ZONING
7O. Darrell Galloway
Local Permit Officer
New Hanover County
I
FROM: Heather Coats, Assistant Major -Permits Coordinator
NCDEd - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., INC 28405 heather.coatsc@flcdenroov
Fax: [phone] (Courier 04-16-33) .
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave:, adjacent to the AIM & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below your agency's position or viewpoint on the proposed project and'
retum this form to Heather Coats atthe address above by September 14 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at(910) 796-7423 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. agencjr 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.
SIGNEnX..0 DATED � d) 7
U
Received
AUG 819U
St1ftdl01mCor=IRamomttQmmyic035b,m .s®+
127 CYdmdDna Curt, Wes, NC 2S103
910-790215

T11
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM:
TO: Heather Coats, DCM Assistant Major Permit Coordinator
FROM: Curt Weychert, DCM Fisheries Resource Specialist
SUBJECT: Loder Landing HOA Dock Reconfiguration
DATE: August 28, 2017
ROY COOPER
GRae,Na.
MICHAEL S. REGAN
sece a'y
BRAXTON DAVIS
aUxfo.
A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the
CAMA permit application for proposed actions that impact fish and fish habitats. The applicant is proposing
to reconfigure an existing docking facility. The docking facility has 23 formalized docking slips, 21 of which
are lifts, that range from depths of -1'8" to -1'4" at NLW. The applicant is seeking to replace floating
platforms with fixed access piers and construct two floating docks for loading stations. The project area is
located within a Primary Nursery Area (PNA) designated by the North Carolina Division of Marine Fisheries.
PNAs are estuarine waters where initial post -larval development occurs. Species within this area are early
post -larval to juvenile and include finfish, crabs, and shrimp. Species inhabit PNAs because they afford food,
protection, and proper environmental conditions during vulnerable periods of their life history, thus protection
of these areas are imperative.
Floating docks repeatedly resting on the bottom can kill aquatic vegetation or shellfish beds, create anoxia in
the sediment which can kill benthic invertebrates, and reduce the availability of shallow bottom habitat during
low tide. In addition, vessels moving to and from these shallow water docks can cause propeller disturbance
impacts to the PNA.
Formalized slips in shallow water can allow vessels to repeatedly contact the bottom, resulting in; aquatic
vegetation or shellfish bed loss, anoxia in the sediment which can kill benthic invertebrates and reduction of
shallow bottom habitat during low tide. In addition, vessels moving to and from these shallow water docks can
cause propeller disturbance impacts to the PNA. For these reasons, it is suggested that any reconfiguration of
boat lifts (single or multi -piling) should be accompanied by stops at 18 inches from the sediment surface to
prevent further damage to shallow soft bottom habitat. These stops should be strong enough to stand in
perpetuity with the lift.
Docking facilities have the potential to shoal after construction leading to decreased depths in slip areas, and
should be considered through the design process. Since this area is PNA, future requests to dredge will be
opposed by the DCM Fisheries Resource Specialist.
Contact Curt Weychert at [phone] ext. 213 or CMWeycheq cn denr.gov with further questions or
concerns.
Stun of North Camtive I EmdmemenW Quality l Covtal Management
400 Cotmnerce Avenue I Morehead City, NC 28557
252-808-28081252-247-3330(fu)

4A
Coastal Management
ENVIRONMENTAL QUALITY
August 21, 2017
TO:
Curt Weychert
Fisheries Resource Specialist
MHC-DCM
ROY COOPER
Governor
MICHAEL S. REGAN
&ewrary
BRAXTON DAVIS
D'Mdo'
RECEIVED
AUG 2 3 2017
DCM- MHD CITY
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(d)ncdenraov
Fax: [phone]
SUBJECT: CAMA Application Review
Applicant: Loder Landing HOA
Project Location: end of Loder Ave., adjacent to the AIWW & Myrtle Grove Sound,
in Wilmington, New Hanover County
Proposed Project: to reconfigure an existing docking facility
Please indicate below our a ency s position or viewpoint on the proposed project and
®t the address above by September 14, 2017. If you have any
questions regarding the proposed project, contact Courtney Spears at [phone] when appropriate
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"*
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
SIGNED b I DATED v
tEC i1/E"
uCM 1NILMINGTON, NO
"
Staze ofNorth Carolina I Envuonmenlal Quality � CossIW Mruagenrnl arg2G2017
127 Cardinal Dnve En. W ilmingtw NC 28405
910-7967215

1W
U.S. ARMY CORPS OF ENGINEERS
WILMIN(YfON DISTRICT
Action Id. SAW-2017-01659 County: NEW HANOVER U.S.G.S. Quad: CAROLINA BEACH
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Pemuttee: LODER LANDING HOA
ATTN: MR. JOHN J. FORD
237 LODER AVENUE
Address: WILNUNGTON, NORTH CAROLINA 28409
Telephone Number: 910-513-3278
Size (acres) 0.34 acre Nearest Town: WILMINGTON
Nearest Waterway ONSLOW DAY River Basin: AIWW/MYRTLEGROVESOUND
USGS HUC: 0302030205 Coordinates Latitude: 34.124917
Longitude:-77.873451
Location description: The project site is located at 237 Loder Avenue at the northeast end of Loder Avenue (S.R.1523), Loder
Landing subdivision adjacent to the AIW W & Myrtle Grove Sound, in Wilmington, New Hanover County, North Carolina.
Description of projects area and activity: Project consists of reconfiguration of an existing floating dock facility and platform at
a private residence.
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344)
® Sections 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number or Nationwide Permit Number: NW3
SEEA7TACHED RGP or NWP GENERAL, REGIONAL AND SPECIAL CONDH70NS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information dated August 25, 2017. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide authorization is modified,
suspended or revoked. If, prior to the expiration date identified below, the nationwide permit authorization is reissued and/or
modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of
the modified nationwide permit.. If the nationwide permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are
under construction) or are under contract to commence in reliance upon the nationwide permit, will remain authorized provided the
activity is completed within twelve months of the date of the nationwide permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management, 127 N. Cardinal Drive, Wilmington, NC 28405,
or at 910-796-7215.
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the
program, please contact Mr. Tyler A. Crumbly4phon9t., 910-25
Corps Regulatory Official:
Expiration Date of Verification:
the Permit, or the Corps of Engineers
September 6,201
RECEIVED
0CM WILMINGTON, NC
S E P 0 6 2017

FOCIAlk DA NUMER, 6rAW-2M7-016Q
The 'Wilmingt-o'nDistrictis committed -tm iding thabigh--estkyol of support;to the ublic., Tabelp us,ensurpWe
continue to do. so,PIBMq complete Customer Satisfaction s ey,ocatcd ei6e at bttR:I/comsmgpu.usace;arniv�millem - gpex/f?p=l 36.4.Oi
CopytitMshed.
Agq&w Sdatheastern-Coastal Cous&uieffit Ca
Aftni.Mk. Stephen'R. Conway
Ad&dft 6252 Towles Road
WftlnyCon, North Carolina 29409,
- 910 -53, s-9
Cqpj%IFmashed,
Mr.,D'6ug.Hiigg6ft.-,NCDEQIDCM
W Cba&Q?,bi�u.- NMEQ/,DWR,
.Ms. Karea /DWR
Ms., Heathur Coats i.NCDEQ/DCM
Ao. Cqi4lnoy 8 ---,EQ .1 /D p�ws-NCD-CM

Saw-2017-01659/237Loder Avenue/FORD:
Action ID Number: SAW=2019-61659 County:;NEW NANO VER
Permittee:; JOHN J FORD Wo• Stephen R Conway, Southeastern Coastal Construction Coal
ProjectNames 237 Loder Avenue, Wilmineton, NC28409
Date Vorification,fssuedi SEPTEMBER.6, 2017.'
Projectl Manager. MR. TYLER.Ai., CRUMBLEY
Upon completion of the activity authorized -by this permit and any mitigation required by the permit;
sign'this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT'
Attn; MR. TYi IItA. CRUM LEY
69 DARLINGTON AVE
WILAHNGTON; NORTH CAROLINA 28403
Please note that your permitted activity is subjecfto a compliance inspection by a U. S. Army. Corps of
Engineers representative. Failure to comply -with any terms or conditionstof this.authorization may
result in the Corps suspending, modifying,or revoking the authorization and/or issuing, a Class I
administrative penalty, or initiating other appropriate legal.action.
I hcrebyce "reify"tlia't the work authorized by the above referenced permit has been completed in
accordance with the`terms and condition of -the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permttee Date

r
Saw-201-7-01659/237 Loder Avelwe/FOR-D
%
NO
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A.- MTLAL'PROFFERED PERMIT: You may accept or object to the'peiviit.
• ACCEPT., Ifyotiie4d&ed-a5tandawdPerbA-:ypumay sigtithepermit dOcum t - document and return it to the district engineer for final
authorization. Ifyou recelved a-Lett&r ofTerruigsibn (LOP), youmay yqlimWo* as aufhorize4., Yorq
signature on the Standard PermiLor acccptanceof the -LOP meaqs=thiitydu accept -the permit in its entirety, and Waive, all
righ i , o appeal the permit,, fficluding. its terms and conditions, and approved jurisdictional determinations associated with the
p emi, 4
• OBJECT. If you objectto the permit (Standard orLOP) because of certain terms acdconditions therein, you may request
that thepermif be modified accordingly. Ymmust.complete Section IL of this form ad& feturnthe form to the district
engineer. 'bur objections must be reeeived'by the. distr;Ucugineerwitfiin 60 days oftie date of this notice, or you will
forfeit -your right to appeal the pertnit in the Plign receipt of your.lettet,_tbe district engineer will evaluate -your
objectionsland rnay:, (4)mo(*�tbe.permit toad dr qsA Of yourconcems, (b) modify* ppirnitto address sorne,,6f your
objections, or (e) not modify the permit having determined that thepenhit should be issued as previously written. After
evaluating your objections, the district engineer, will send:yod a proff6rcd Permit forf your redimsidefation, as indicated ,in
Section R'bolow.
Bt PROFFERED PE RMITrYbu mpyaccept,or appeal the permit
. ACCEPT. If you,received a.StanAardT6rmit,you may sign,the permit document and return it to the dNW6t engineef for final,
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work isauthorized. Your
signature on the Standard ,P&briit,or,-ace-optg;pp� the Q, cce it'luitsentfrety, and waive all
of - ropan$,thaty ua,, Ap*qpeynn
rights to appeA the permit, including its terms and conditions, and approvedJurisdictional determinations associated withthe
permit.
e APPEAL: Ify6ti-chbosetodecline the;;proffered p e
permit of certain tm-ins-and-conriftions therein,
you may appeal the, declinedpermit under the.Corp8 of Engineers Administrative Appeal Process by completing.Section 11 of
this form and sendingthe form.to-the division, engineer_ This form must be recelv0d.by the division engineer within 00 days
of the date of this notice.
Q PERMUDENUL: YW`irny appeal thdrienialpf apormitutdor the Corps ofEngineers Adtnmn; trativeAppeal. Proms by
J
completing Section H ofthis form and sending the form :tothe ,division angUider. This foie must be received by the division
engineerwithin 60 days of the,dirte- ofthis notice.

gaw-2017-0,1659/117 1.6derAVenue/FORD
D: APPROVED JURISDICTIONAL DETERMINATION. You may accept or appeal the approved JD or provide now
information.
a ACCEPT: You do not need to notify the Corps.to acceptah approved JD: Failure to notify the Corps within 60-days Of the
date of this notice, means that you accept -the approved JD in its entirety, andmaive all rights to ap �peal.'the approved.M.
• APPEAL: If youdisagree with the approved M, you may appeaf the approvediD under the Corps of lgngitxeqs
Administrative Appeal Process by, completing Section H of*is form and sending the forin to the district engineer. This f6fin
must,be received by the division engineer within 60 days of theAate of this notice.
the
E: • PRELDMARY-JURISDICTIONALDEtTERMINATION.- You do not need torespond to' the Corps regardin9-
prelimiriaryJI). TliePreliminary JDis,rfotappeal6l6. Ifyou wish, you may nquestan approved JD (which may -be appealed),
by contacting the Corps district for further instruction. Also you mayprovide new information for further consideration by the:
Corps to reevaluate the 10.
REASONS FOR APPEAL OR OBJECTIONS' (Describe Your reasons f6r- appealing the decision oryouf objections to an Initial
proffered permit in clear concise statements. You may attach additional information to this.form to clarify where your reasons or
objections are, addressed iirthe admin-istrative record.)
ADDITIONAL INFORMATION: The appeal is linfited.10 a review cifft administrative record, the Corps-memarandum for the
record of the appeal conference oi meeting,. and anysupplemental information that the feviewofficer has ddenriffied is needed to
clarify the:administradve.record. Neither the appellant nor the Corpsmay add new -information or analyses to the recor&
However, you may provide additional information to clarify the location of information that is already , iutheadministrative
record.
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact.
also contact,
District Engineer, Wilmington Regulatory. DivisionAtth:
Mr- Jason Steele, Administrative Appeal Review Officer
Mr. Tyler A. Crujubley; Project Manager
CESAD-PDO
69 Darlington Avenue
UA Atty Corps omnizifteers. South AtIgntic D! on
Wilmington,, North Carolina 18403
60 ForsydiStreet, Zoom,10MI5
PHH: 910-251-4170
Atlanta,,4Gcorgia 30303-8801
Phone, -51P
. 04)562
RIGHT OF ENTRY. Your signature below grants the eight of entry to CorpspfEngiueers personnel, and anygovernment
ccinsultants, to conduct investigations'af the project site during the course of the appeal process. You Will be provided a 15 day
notice of any site investigation, and will have thc,opportun!!X to participate in all'site investigations.
Dater
Telephime'number-
Signature of#2ellant or agent.
For appeals.on Initial Proffered Permits send this form to;
District Engineer, Wilmington Regulatory Division, Attri-Mr. Tyler A. Crumbley, 69 Darlington-Avenue;Wilmington, North
Carolina 28403
For Permit denials,. -Proffere4-Permits, andApprovedrurisdictional Determinallonssend fftform to:
Division Engineer, Commander, U.S.'Army Engineer Divislan, South Atlantic, Attn: Mr: Jason Steele, Administrative Appeal
Officer, CESAD-PDO, 60 Forsyth. -Street, Room IOM15,Atlanta, Georgia, 30303-8001
Phonek404)562-5137

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V (1 I1IN111II11111
200SM5752
FOR REGSRAUCCIROP REGISTER OF CEEOG
NEW HANOVER COUNTY. NC
20M FEB 84 91 Z31 PM
BK:4663 K:62M22 FEE:$17A
K REV STNISIN
MIRMI # M2
Excise Tax Recording time, book and page
3o76Da0-003-0F?-000
ParcelIdentiBerNo. 07(,a0-063-0$7-000
Prepared by: William 0. J. Lynch
Hogue, Hill, Jones, Nash & Lynch, L.L.P.
P. O. Drawer 2178
Wilmington, NC 28402
Grantee mailing address:
Retumto: OcAuIk
i
STATE OF NORTH CAROLINA
WARRANTY DEED
COUNTY OF NEW HANOVER
KNOW ALL MEN BY THESE PRESENTS that LODER DEVELOPMENT
COMPANY, INC., a North Carolina corporation "GRANTOR", in consideration of TEN AND
N01100 ($10.00) DOLLARS and other good and valuable consideration, paid to GRANTOR by _
Tt & CO., INC. "GRANTEE", the
receipt of which is hereby acknowledged, by these presents, does give, grant, bargain, sell and
convey unto the said GRANTEE, and GRANTEE'S heirs, successors, and assigns, forever, in fee
simple, all that certain lot or parcel of land located in the County of New Hanover, State of North
Carolina, and more particularly described as follows:
Being all of Lots B and C, as shown on final map entitled `Revision of Lots B, C and Lot 3R,
Loder Landing, as recorded in Map Book 40, Page 398, New Hanover County Registry, reference
to which map is hereby made for a more complete description.
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and
appurtenances thereto belonging, to the said GRANTEE and said GRANTEE'S heirs, successors,
and assigns, forever, in fee supple; and the Grantor, for itself; its successors and assigns, does
covenant with the said GRANTEE and said GRANTEE'S heirs, successors and assigns, that
GRANTOR is seised of the premises in fee simple, and has the right to convey the same in the
xwo,�v.omGe.w<me"Re..Rao;mauaerexmvm e,oa c,,aev i�ayya,.aax

estate aforesaid, that title is marketable and free and clear of all encumbrances, except as herein
stated, and that GRANTOR hereby will warrant and defend the title against the lawful claims of
all persons whomsoever, except for the exceptions herein stated.
Title to the property is subject to the following exceptions:
The provisions of all applicable zoning and land use ordinances, statutes and regulations; the lien of the
current year's ad valorem taxes; Declaration of Covenants, Conditions and Restrictions for Loder Landing
(the "Declaration") recorded in Book 2920, Page 699, of the New Hanover County Registry, as amended;
and rights of way and easements shown on the recorded maps of Loder Landing as referred to in the
Declaration. If any portion of the above described property lies below the high water mark of any waters
that ebb and flow with the tides, then title to that portion of said property is excluded from the warranty of
this deed.
The designation GRANTOR and GRANTEE as used herein shall include said parties,
thew heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or
neuter as required by context
IN TESTIMONY WHEREOF, Grantor has caused this deed to be signed in its corporate
name by its president pursuant to authority of Grantor's Board of Directors as of the day and year
first above written.
LODER DEVELOPMENT COMPANY, INC.
By: �.1Nt A/
President
STATE OF NORTH CROLINA
COUNTY OF NEW HANOVER
I, �1 a Notary Public, certify that T ersonally
came before me this day and cknowledged that he is the Pr ident of LODER
DEVELOPMENT COMPANY, INC., a corporation, and that he, as _President, being
authorized to do so, executed the foregoing on behalf of said corporation.
Witness my hand and seal, this the .d
My commission expires: ri / (o.
(SEAL)
S\4URVuaxhrWabaer-e..m�..� J..heWuaa W C.[ tiv Ludltda

FOR REGISTRRTION REGISTER OF DEEDS
RES COP T CHRISTIAN
EW NHRNOVER COUNTY NC
2001 MRY 01 03' }7 PM
S INSTRUMENT t92001018430- 00
STATE OF NORTH CAROLINA DECLARATION OF COVENANTS
CONDITIONS AND RESTRICTIONS
COUNTY OF NEW HANOVER FOR LODER LANDING
This Declaration, Made the o day of April, 2001, by LODER DEVELOPMENT
COMPANY, INC., hereinafter referred to as "Declarant" or "Developer" for the purposes
hereinafter stated,
WITNESSETH
Whereas, Declarant is the owner of certain real property in New Hanover County,
North Carolina, known as Loder Landing, consisting of 28 lots, which are shown on plats
recorded in the Office of the Register of Deeds of New Hanover County, North Carolina,
in Map Book 36 Pages 319 and 395, Map Book 37, Pages 205, 250, 291 and 321, Map
Book.38 Page 273, and Map Book 39 Page 95, and -consisting also of a "Community
Boating Facility" shown on a platthereofto be recorded in said Registry, to which reference
is made for a more particular description (collectively the "Property")
NOW, THEREFORE, Declarant declares that the Property described above shall
be held, sold and conveyed subject to the North Carolina Planned Community Act set forth
1n Chapter 47F of the North Carolina General Statutes (the "Act"), as well as the following
easements, restrictions, covenants, and conditions
ARTICLE I
DEFINITIONS
SECTION 1 Additional Property shall mean and refer to any lands which are now
owned or may be hereafter acquired or developed by Declarant, in addition to the above
described Property, and annexed to and made a part of the Planned Community (as
hereinafter defined)
SECTION 2 Allocated Interest shall mean the Common Expense Liability and votes
in the Association allocated to each Lot
SECTION 3 Association shall mean and refer to Loder Landing Homeowners'
Association, Inc , a North Carolina non-profit corporation, its successors and assigns, the
owners association organized pursuant to Section 47F-3-101 of the Act for the purposes
set forth herein
F:'�TURNED T a 4-14 • S•til • L,

SECTION 4 Boat Slips shall mean the 21 boat slips shown on the above
referenced plat of the Community Boating Facility
SECTION 5 Boat Shp Certificate shall mean the Boat Slip Certificate in the form
attached hereto as Exhibit A
SECTION 6 Common Elements or Area shall mean and refer to all lands and
easements within or appurtenant to the Planned Community owned by the Association,
other than a Lot, and intended for the common use and enjoyment of the Owners,
including, without limitation, the Community Boating Facility defined below
SECTION 7 Common Expenses means expenditures made by or financial liabilities
of the Association, together with any allocations to reserves
SECTION 8 Common Expense Liability_ means the liability for Common Expenses
allocated to each Lot as permitted by the Act, this Declaration or otherwise by law
SECTION 9 Community Boating Facility means the riparian easement, the pier,
the floating dock, the " 10' common area access easement (pedestrian)" and 21 boat slips
constituting limited common area, all as to be shown on the plat of the Community Boating
Facility referenced in the preamble to these covenants
SECTION 10 Declarant shall be used interchangeably with Developer (which
designations shall include singular, plural, masculine and neuter as required by the
context) and shall mean and refer to Loder Development Company, Inc , its successors
and assigns, if such successors or assigns should acquire undeveloped property from the
Declarant or a Lot not previously disposed of forthe purpose of development and reserves
or succeeds to any Special Declarant Right
SECTION 11 Declaration shall mean this instrument as it maybe from time to time
amended or supplemented
SECTION 12 Development shall be used interchangeably with Planned
Community and shall mean the Property plus any Additional Property
SECTION 13 Executive Board shall be used interchangeably with the Board of
Directors and means the body, regardless of name, designated in this Declaration to act
on behalf of the Association
2
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SECTION 14 Limited Common Elements shall mean the hash -marked, shaded
limited common area shown on the plat of the Community Boating Facility referenced
above
SECTION 15 Lots shall mean and refer to any portion of the Planned Community
designated for separate ownership by a Lot Owner
SECTION 16 Lot Owner shall mean the Declarant or other Person who owns a fee
simple title to any Lot, including contract sellers, but excluding those having such interest
merely as security for the performance of an obligation
SECTION 17 Master Association means an organization described in Section 4717-
2-120 of the Act, whether or not it is also an association described in Section 47F-3-10.1 of
the Act
SECTION 18 Person means a natural person, corporation, business trust, estate,
trust, partnership, association, joint venture, government, governmental subdivision, or
agency or other legal or commercial entity
SECTION 19 Planned Community shall mean and refer to the Property plus any
Additional Property made a part of Planned Community by the exercise of any Special
Declarant Right
SECTION 20 Purchaser means any Person, other than a Declarant or a Person
in the business of selling real estate for the purchaser's own account, who by means of a
voluntary transfer acquires a legal or equitable interest in a Lot, other than (1) a leasehold
interest (including renewal options) of less than 20 years, or (n) as security for an
obligation
SECTION 21 Reasonable Attorneys' Fees means attorneys' fees reasonably
incurred without regard to any limitations on attorneys' fees which otherwise may be
allowed by law
SECTION 22 Special Declarant Rights means rights reserved for the benefit of a
Declarant including without limitation the right (i) to complete improvements indicated on
plats and plans filed with or referred to in this Declaration, (u) to exercise any development
right reserved to the Declarant by this Declaration or otherwise, (ui) to maintain sales
offices, management offices, signs advertising the Planned Community, and models, (iv)
to use easements through the common elements forthe purpose of making improvements
within the Planned Community or within real estate which may be added to the Planned
Community, (v) to make the Planned Community part of a larger planned community or
5 MOJULoderOwv Wec ofCo'vs wpd-vms

group of planned communities, (vi) to make the Planned Community subject to a Master
Association, or (vn) to appoint or remove any officer or Executive Board member of the
Association or any Master Association during the Declarant Control Period
ARTICLE II
PROPERTY RIGHTS AND EASEMENTS
SECTION 1 Owners' Property Rights and Easement of Enjoyment Every Owner
shall have and is hereby granted a right and easement of enjoyment in and to the Common
Elements, if any, which shall be appurtenant to and shall pass with the title to every Lot,
subject to the following provisions
(a) The Association may make and amend reasonable rules and regulations
governing use of the Common Elements by the Owners,
(b) The Association may mortgage or convey the Common Elements, or
dedicate or transfer all or part of the Common Elements, to any public agency, authority
or utilityfor such purposes and subject to such conditions as may be agreed to by at least
eighty percent (80%) of the Members, excluding the Developer, provided, however, that
the Association maywithout the consent ofthe Owners grant easements over the Common
Elements for drainage systems and public utilities servicing the Planned Community, that
any conveyance or encumbrance of Common Elements shall be subject to any rights of
ingress and egress to any Lot over private streets
(c) The Board of Directors on behalf of the Association, as a Common
Expense, may at all times keep the Common Elements and other assets of the
Association, if any, insured against loss or damage by fire or other hazards and such other
risks, including public liability insurance, upon such terms and for such amounts as may
be reasonably necessary from time to time to protect such property, which insurance shall
be payable in case of loss to the Association for all Members The Association shall have
the sole authority to deal with the insurer in the settlement of claims In no event shall the
insurance coverage obtained bythe Association be brought into contribution with insurance
purchased by Members or their mortgagees
(d) The rights, duties and obligations of Lot Owners concerning use of the
Limited Common Areas (boat slips) are set out in Article VI hereof
SECTION 2 Easements in Favor of Declarant and the Association The following
easements are reserved to Declarant and the Association, their successors and assigns
4
S \WOJLNLoderDev-L,Deo-o(Covs wpd-vms

(a) easements as necessary in the lands constituting the Common Elements
and the rear, front and side ten feet of each Lot for the installation and maintenance of
utilities and drainage facilities, including the right of Declarant and the Association to go
upon the ground with men and equipment to erect, maintain, inspect, repair and use
electric and telephone lines, wires, cables, conduits, sewers, water mains and other
suitable equipment for the conveyance and use of electricity, telephone equipment, gas,
sewer, water or other public conveniences or utilities on, in or over each Lot and such other
areas as are shown on the plat of the Property or any Additional Property recorded or to
be recorded in the office of the Register of Deeds of New Hanover County, the right to cut
drain ways, swales and ditches for surface water whenever such action may appear to the
Developer or the Association to be necessary in order to maintain reasonable standards
of health, safety and appearance, the right to cut any trees, bushes or shrubbery, the right
to make any grading of the soil, or to take any other similar action reasonably necessary
to provide economical and safe utility installation and to maintain reasonable standards of
health, safety and appearance, and the right to locate wells, pumping stations, and tanks
within residential areas, or upon any Lot with the permission of the owner of such Lot No
structures or plantings or other material shall be placed or permitted or remain upon such
easement areas orother activities undertaken thereon which may damage or interfere with
the installation or maintenance of utilities or other services, or which may retard, obstruct
or reverse the flow of water orwhich may damage or interfere with established slope ratios
or create erosion problems These easement areas (whether or not shown on the
recorded plats for the Planned Community) and improvements within such areas shall be
maintained by the respective Owner except those for which a public authority or utility
company is responsible
(b) easements over all private streets, if any, access easements, and
Common Elements within the Planned Community as necessary to provide access, ingress
and egress, to any Additional Property
(c) an easement of unobstructed access over, on, upon, through and across
each Lot and the Limited Common Elements located thereon, if any, at all reasonable
times to perform any maintenance and repair to the Limited Common Elements required
by this Declaration This easement shall also run in favor of the Association and the
Association's agents, employees, successors and assigns
SECTION 3 Other Easements The following easements are granted by Declarant
to others
(a) an easement is hereby granted to all police, fire protection, ambulance
and all similar persons, companies or agencies performing emergency services, to enter
upon all Lots and Common Elements in the performance of their duties
5
S IWOJULoderDev-L%Dec-ofCovs wpd vms

(b) in case of any emergency originating .in or threatening any Lot or
Common Elements, regardless of whether any Lot Owner is present at the time of such
emergency, the Association or any other person authorized by it, shall have the right to
enter any Lot for the purpose of remedying or abating the causes of such emergency and
making any other necessary repairs not performed by the Lot Owners, and such right of
entry shall be immediate
(c) the Association is granted an easement over each Lot for the purposes
of providing Lot maintenance when an Owner fails to provide maintenance and upkeep in
accordance with this Declaration
SECTION 4 Nature of Easements All easements and rights described herein are
perpetual easements appurtenant, running with the land, and shall inure to the benefit of
and be binding on the Declarant and the Association, their successors and assigns, and
any Owner, purchaser, mortgagee and other person having an interest in the Property or
any Additional Property, or any part or portion thereof, regardless of whether or not
reference is made in the respective deeds of conveyance, or in any mortgage ortrust deed
or other evidence of obligation, to the easements and rights described in this Declaration
ARTICLE III
HOMEOWNERS' ASSOCIATION
SECTION 1 Formation of Association The Association shall be incorporated no
later than the date the first Lot in the Planned Community is conveyed The Association
is a nonprofit corporation organized pursuant to the Nonprofit Corporation Act of the State
of North Carolina for the purpose of establishing an association for the Owners of Lots to
operate and maintain the Common Elements and any Limited Common Elements in
accordance with this Declaration, its Charter and Bylaws The Association shall be
empowered to perform and/or exercise those powers set forth in Section 47F-3-102(1)
through (17) of the Act as it may be amended from time to time
SECTION 2 Membership Every Lot Owner shall be a Member of the Association
Membership shall be appurtenant to and may not be separated from Lot ownership
SECTION 3 Voting Rights The Association shall have two classes of voting
Membership
Class A Class A Members shall be all Owners, with the exception of
the Declarant, and shall be entitled to one vote for each Lot owned When
more than one person holds an interest in any Lot, all such persons shall be
6
5 \WOJULdderOev-LTecofCovs wpd,ms

Members The vote for such Lot shall be exercised as they determined, but
in no event shall more than one vote be case with respect to any Lot
Fractional voting with respect to any Lot is hereby prohibited
Class B The Declarant shall be a Class B Member and shall be
entitled to three (3) votes for each Lot owned The Class B Membership
shall cease and be converted to Class A Membership on the happening of
any of the following events, whichever occurs earlier
(a) when the total vote outstanding in the Class A Membership equals
the total vote outstanding in the Class B Membership, or
(b) on December 31, 2006, or
(c) upon the voluntary surrender of all Class B Membership by the
holder thereof
The period during which there is Class B Membership is sometimes referred to
herein as the "Declarant Control Period"
SECTION 4 Government Permits All duties, obligations, rights and privileges of
the Declarant under any water, sewer, stormwater and utility agreements, easements and
permits for the Planned Community with municipal or governmental agencies or public or
private utility companies shall be the duties, rights, obligations and privileges the
responsibility of the Association
ARTICLE IV
COVENANTS FOR ASSESSMENTS
SECTION 1 Creation of the Lien and Personal Obligation of Assessments Each
Lot Owner covenants and agrees to pay to the Association the following assessments
(collectively the "Assessments"), provided, however, that only holders of Boat Slip
Certificates shall pay any Assessments regarding the Limited Common Elements
A Annual Assessments,
B Special Assessments for Capital Improvements,
C Insurance Assessments,
7
S \WOJL%LoderDev-L\Dec ofCovs wpdwms

D Ad Valorem Tax Assessments. and
E Working Capital Assessments
The Assessments, togetherwith interest, costs and reasonable attorney's fees, shall
be a charge on the land and shall be a continuing lien upon the respective Lot against
which the Assessments are made Each such Assessment, together with interest, costs
and reasonable attorney's fees, shall also be the personal obligation of the person who
was the Owner of such Lot at the time when the Assessment fell due The personal
obligation for delinquent Assessments shall not pass to the Owner's successors in title
unless expressly assumed by them
SECTION 2 Purpose of Annual Assessments The Annual Assessments levied
by the Association shall be used exclusively to promote the recreation, health, safety and
welfare of the Owners and residents of the Property and Additional Property and for the
maintenance, repair and replacement of the Common Elements and any Limited Common
Elements The funds arising from said assessments or charges, may be used for any or
all of the following purposes Operations, maintenance and improvement of the Common
Elements, and any Limited Common Elements, including payment of utilities, enforcing this
Declaration, paying taxes, insurance premiums, legal and accounting fees and governmen-
tal charges, establishing working capital, paying dues and assessments to any organization
or master association of which the Association is a member, and in addition, doing any
other things necessary or desirable in the opinion of the Association to keep the Common
Elements and Limited Common Elements in good operating order and repair
SECTION 3 Annual Assessments The Executive Board shall adopt a proposed
annual budget at least 90 days before the beginning of each fiscal year Within 30 days
after adoption of the proposed budget for the Planned Community, the Executive Board
shall provide to all of the Lot Owners a summary of the budget and notice of a meeting to
consider its ratification, including a statement that the budget may be ratified without a
quorum The budget is ratified unless at the meeting a majority of all of the Lot Owners
in the Association rejects the budget In the event the proposed budget is rejected, the
periodic budget last ratified by the Lot Owners shall be continued until such time as the Lot
Owners ratify a subsequent budget proposed by the Executive Board The Annual
Assessment for each Lot shall be established based on the annual budget thus adopted
,provided, however, that the first Annual Assessment shall be set by the Declarant prior to
the conveyance of the first Lot to an Owner The due date for payment shall be
established by the Executive Board The Executive Board shall have the authority to
require the assessments to be paid in periodic installments The Association shall, upon
demand, and for a reasonable charge furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid
8
3 VVOJL,LoderDev L%DecdfCovs wpd.vms

SECTION 4 Special Assessments for Capital Improvements In addition to the
Annual Assessments authorized above, the Association may levy, in any assessment year,
a Special Assessment applicable to the year only for the purpose of defraying, in whole or
in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Elements and any Limited Common Elements, including
fixtures and personal property related thereto, provided that any such assessment shall
have the assent of two-thirds (2/3) of the Members of each class who are voting in person
or by proxy at a meeting duly called for this purpose Written notice of any meeting of
Owners called for the purpose of approving Special Assessments shall be sent to all
Members not less than ten (10) days nor more than sixty (60) days in advance of the
meeting
SECTION 5 Insurance Assessments All premiums on insurance policies
purchased by the Board of Directors or its designee and any deductibles payable by the
Association upon loss shall be a common expense, and the Association may in any
assessment year levy against the Owners equally an "Insurance Assessment', in addition
to the Annual Assessments, which shall be in an amount sufficient to pay the annual cost
of all such deductibles and insurance premiums not included as a component of the Annual
Assessment - - - - - -
SECTION 6 Ad Valorem Tax Assessments All ad valorem taxes levied against
the Common Elements, if any, shall be a common expense, and the Association may in
any assessment year levy against the Owners equally an "Ad Valorem Tax Assessment',
in addition to the Annual Assessments, which shall be in an amount sufficient to pay such
ad valorem taxes in such year not included as a component of the Annual Assessment
SECTION 7 Working Capital Assessments At the time title to a Lot is conveyed
to an Owner by Declarant, the Owner shall pay the sum of $200 to the Association as
working capital to be used for operating and capital expenses of the Association Owners
being issued a Boat Slip Certificate shall pay an additional working capital assessemnt of
$200 which shall be applicable only to the Limited Common Elements Amounts paid into
the working capital fund are not to be considered as advance payment of the Annual or any
other assessments
SECTION 8 Rate of Assessment The Association may differentiate in the amount
of Assessments charged when a reasonable basis for distinction exists, such as between
vacant Lots and those with completed structures which legally can be occupied, whether
a boat slip is assigned to a Lot, or when any other substantial difference as a ground of
distinction exists between Lots However, Assessments must be fixed at a uniform rate for
all Lots similarly situated
9
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SECTION 9 Commencement of Assessments Assessments for each Lot shall
commence upon the date of acceptance by an Owner of a deed from Declarant
SECTION 10 Effect Of Nonpayment of Assessments And Remedies Of The
Association Any Assessment or installment thereof not paid within thirty (30) days after
the due date shall bear interest from the due date at the highest rate allowable bylaw The
Association may bring an action at law against the Owner personally obligated to pay the
same, or foreclose the lien against the Owner's Lot No Owner may waive or otherwise
escape liability for the Assessments provided for herein by non-use of the Common
Elements or abandonment of his Lot All unpaid installment payments of Assessments
shall become immediately due and payable if an Owner fads to pay any installment within
the time permitted The Association may also establish and collect late fees for delinquent
installments
SECTION 11 Lien for Assessments The Association may file alien against a Lot
when any Assessment levied against said Lot remains unpaid for a period of 30 days or
longer
(a) The lien -shall constitute a lien against the Lot when and after the claim
of lien is filed of record in the office of the Clerk of Superior Court of the county in which
the Lot is located The Association may foreclose the claim of lien in like manner as a
mortgage on real estate under power of sale under Article 2A of Chapter 45 of the General
Statutes Fees, charges, late charges, fines, interest, and other charges imposed pursuant
to Sections 47E-3-102, 47F-3-107, 47F-3-107A and 47F-3-115 of the Act are enforceable
as Assessments
(b) The lien under this section shall be prior to all liens and encumbrances
on a Lot except (i) liens and encumbrances (specifically including, but not limited to, a
mortgage or deed of trust on the Lot) recorded before the docketing of the claim of lien in
the office of the Clerk of Superior Court, and (n) Yens for real estate taxes and other
governmental assessments and charges against the Lot
(c) The lien for unpaid assessments is extinguished unless proceedings to
enforce the tax lien are instituted within three years after the docketing of the claim of lien
in the office of the Clerk of Superior Court
(d) Any judgment, decree, or order in any action brought under this section
shall include costs and reasonable attorneys' fees for the prevail fng'party
(e) Where the holder of a first mortgage or deed of trust of record, or other
purchaser of a Lot obtains title to the Lot as a result of foreclosure of a first mortgage or
first deed of trust, such purchaser and its heirs, successors and assigns shall not be liable
for the Assessments against the Lot which became due prior to the acquisition of title to
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the Lot by such purchaser The unpaid Assessments shall be deemed to be Common
Expenses collectible from all of the Lot Owners including such purchaser, its heirs,
successors and assigns
(f) A claim of lien shall set forth the name and address of the Association, the
name of the record Owner of the Lot at the time the claim of lien is filed, a description of
the Lot, and the amount of the hen claimed
SECTION 12 Portions of Assessments Covering Limited Common Elements On
all proposed budgets and other records, the Association shall specifically designate what
portion of any Assessments applyto the Limited Common Elements (the "Limited Common
Element Component') The Limited Common Element Component of any Assessment
shall only be charged to the holders of Boat Slip Certificates The Association shall keep
a separate bank account for the Limited Common Element Components and shall at all
times keep the Limited Common Element Components segregated from the other
Assessment revenues and funds When the vote of any Owner is required to approve any
Assessment, only the holders of Boat Slip Certificates shall be entitled to vote on any
Limited Common Element Component of the Assessment
F.1291OWMI
RIGHTS OF DEVELOPER
The Declarant shall have, and there is hereby reserved to the Declarant, the Special
Declarant Rights as herein defined and the following rights, powers and privileges which
shall be in addition to the Special Declarant Rights and any other rights, powers and
privileges reserved to the Declarant herein
SECTION 1 The Architectural Control Committee All duties and responsibilities
conferred upon the Architectural Control Committee by this Declaration or the Bylaws of
the Association shall be exercised and performed by the Declarant or its designee, so long
as Declarant shall own any Lot within the Property or any Additional Property
SECTION 2 Plan of Planned Community The right to change, alter or redesignate
the allocated planned, platted, or recorded use or designation of any of the lands
constituting the Planned Community including, but not limited to, the right to change, alter
or redesignate road, utility and drainage facilities and easements and to change, alter or
redesignate such other present and proposed amenities or facilities as may in the sole
judgment and discretion of Declarant be necessary or desirable The Declarant hereby
expressly reserves unto itself, its successors and assigns, the right to re -plat any one (1)
or more Lots shown on the plat of any subdivision of the Property or Additional Property
in order to create one or more modified Lots, to further subdivide tracts shown on any such
subdivision plat into two or more Lots, to recombine one or more tracts or Lots or a tract
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and Lots to create a larger tract, to eliminate from this Declaration Lots that are not
otherwise buildable or are needed for access or a,re needed for use as public or private
roads or access areas, whether serving the Planned Community or other property or are
needed for Common Elements or amenities, and to take such steps as are reasonably
necessary to make such.re-platted Lots ortracts suitable and fit as a building site or access
area or roadway or Common Elements
SECTION 3 Amendment of Declaration by the Declarant This Declaration may
be amended without member approval by the Declarant, or the Board of the Association,
as the case may be, as follows
A In any respect, prior to the sale of the first Lot
B To the extent this Declaration applies to Additional Property
C To correct any obvious error or inconsistency in drafting, typing or
reproduction
D To qualify the Association or the Property and Additional Property, -or any
portion thereof, for tax-exempt status
E To include any platting change as permitted herein
F To conform this Declaration to the requirements of any law or
governmental agency having legal jurisdiction over the Property or any Additional Property
orto qualify the Property or any Additional Property or any Lots and improvements thereon
for mortgage or improvement loans made, insured or guaranteed by a governmental
agency or to comply with the requirements of law or regulations of any corporation or
agency belonging to, sponsored by, or under the substantial control of the United States
Government or the State of North Carolina, regarding purchase or sale of such Lots and
improvements, or mortgage interests therein, aswell as any other law or regulation relating
to the control of property, including, without limitation, ecological controls, construction
standards, aesthetics, and matters affecting the public health, safety and general welfare
A letter from an official of any such corporation or agency, including, without limitation, the
Department of Veterans Affairs,U S Department of Housing and Urban Development, the
Federal Home Loan Mortgage Corporation, Government National Mortgage Corporation,
or the Federal National Mortgage Association, requesting or suggesting an amendment
necessary to comply with the requirements of such corporation or agency shall be sufficient
evidence of the approval of such corporation or agency, provided that the changes made
substantially conform to such request or suggestion Notwithstanding anything else herein
to the contrary, only the Declarant, during the Developer Control Period, shall be entitled
to amend this Declaration pursuant to this Section
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SECTION 4 Annexation of Additional Property Declarant may annex to and make
a part of the Planned Community any other real property which Declarant now owns or
which Declarant may hereafter acquire or develop (the "Additional Property") Annexation
of Additional Property to the Planned Community shall require the assent of 67% of the
Class A Members who are voting in person or by proxy at a meeting called for this
purpose, provided, however, Additional Property may be annexed to the Planned
Community without the assent of the Members so long as the Additional Property is
developed in accordance with the same general scheme as the other portions of the
Planned Community
SECTION 5 Sales Model So long as the Declarant or its designee shall retain
ownership of any Lot, it may utilize any such Lot for offices, models or other purposes
relating to the development, construction, sale or rental of Lots and dwellings, including
the right to place "For Sale" or "For Rent' signs on any Lots The Declarant may assign
this limited commercial usage right to any other person or entities as it may choose
ARTICLE VI
USE RESTRICTIONS, ARCHITECTURAL CONTROL
AND MAINTENANCE
SECTION 1 Approval of Plans for Building and Site Improvements No dwelling,
wall or other structure shall be commenced, erected, or maintained upon any Lot, nor shall
any exterior addition to or change in or alteration therein (including painting or repainting
of exterior surfaces) be made until the plans and specifications showing the nature, kind,
shape, heights, materials, colors and location of the same shall have been submitted to
and approved to writing as to harmony of external design and location in relation to
surrounding structures and topography by the Declarant, or its designee, or, after the sale
of all Lots by Declarant, by the Board of Directors of the Association, or by an Architectural
Control Committee composed of three (3) or more representatives appointed by the Board
In the event the Declarant, or its designee, or, if applicable, the Board, or the Architectural
Control Committee, fails to approve or disapprove such design and location within thirty
(30) days after said plans and specifications have been submitted to it, approval will not
be required and this Article will be deemed to have been fully complied with Refusal or
approval of any such plans, location or specification may be based upon any ground,
including purely aesthetic and environmental considerations, that in the sole and
uncontrolled discretion of the Declarant, the Board, or Architectural Control Committee
shall be deemed sufficient One copy of all plans and related data shall be furnished to the
Declarant, the Board, or Architectural Control Committee, as the case may be, for its
records Neither the Declarant, the Board, nor the Architectural Control Committee shall
be responsible for any structural or other defects in plans and specifications submitted to
it or any structure erected according to such plans and specifications
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SECTION 2 Minimum Standards for Site Improvements
A Each dwelling constructed on Lots A, B and C as shown on Map
recorded in Map Book 38 Page 273 of the New Hanover County Registry shall have a
minimum of 2000 square feet of enclosed, heated dwelling area All other Lots shall have
a minimum of 1750 square feet of enclosed, heated dwelling area, provided, however, the
Architectural Control Committee may permit a dwelling to have a minimum of 1450 square
feet if the Committee in its sole discretion finds that the variance will not adversely impact
property values within the Planned Community The term "enclosed, heated dwelling area"
as used in the minimum requirements shall be the total enclosed area within a dwelling
which is heated by a common heating system, provided, however, that such term does not
include garages, terraces, decks, open porches, and like area$
B Since the establishment of inflexible budding setback lines for location of
houses on lots tends to force construction of houses directly to the side of other homes
with detrimental effects on privacy, view, preservation of important trees and other
vegetation, ecological and related considerations, no specific setback lines shall be
established by this Declaration In order to assure, however, that the foregoing
considerations are given maximum effect, the site and location of any house or dwelling
or other structure upon any lot shall be controlled by and must be approved absolutely by
the Declarant, the Board, or the Architectural Control Committee, as the case may be,
provided, however, that no structure shall be constructed closer to an adjoining property
line than is permitted by applicable governmental regulations
C The exterior of all dwellings and other structures must be completed within
twelve (12) months after the construction of same shall have commenced, except where
such completion is impossible or would result in great hardship to the Owner or builder,
due to strikes, fires, national emergency or natural calamities
D All service utilities, fuel tanks, and wood piles are to be enclosed within
a wall or plant screen of a type and size approved by the Declarant, the Board or the
Architectural Control Committee, so as to preclude the same from causing an unsightly
view from any highway, street or way within the subdivision, or from any other residence
within the subdivision All mail and newspaper boxes shall be uniform in design Design
for mail and newspaper boxes shall be furnished by Declarant Fences shall be permitted
on any Lot, provided, however, that the design, placement, and materials of any fence are
approved by the Declarant, the Board, or the Architectural Control Committee, as the case
may be Clothes lines are not permitted on any Lot
E Off street parking for not less than two (2) passenger automobiles must
be provided on each Lot prior to the occupancy of any dwelling constructed on said Lot
which parking areas and the driveways thereto shall be constructed of concrete, brick,
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asphalt, or turf stone, or any other material approved by Declarant, the Board or
Architectural Control Committee
F All light bulbs or other lights installed in any fixture located on the exterior
of any building or any Lot for the purpose of illumination shall be clear, white or non -frost
lights or bulbs ,
SECTION 3 Use Restrictions
A Land Use And Building Type No Lot shall be used for any purpose
except for residential purposes All numbered Lots are restricted for construction of one
single family dwelling (plus, a detached garage, if there is not one attached to the
residence, and such other accessory buildings as may be approved by the Declarant, the
Board or the Architectural Control Committee)
B Nuisances No noxious or offensive activity shall be carried on upon any
Lot, nor shall anything be done thereon which may be or may become an annoyance or
nuisance to the neighborhood There shall not be maintained any plants or animals, nor
- device or thing of any sort whose normal activities -or existence are in any way noxious,
dangerous, unsightly, unpleasant or other nature as may diminish ordestroy the enjoyment
of other Lots by the Owners thereof It shall be the responsibility of each Owner to prevent
the development of any unclean, unsightly or unkept condition of buildings or grounds on
the Owner's Lot which would tend to decrease the beauty of the neighborhood as a whole
or the specific area
C Temporary Structures No structure of a temporary character, trailer,
basement, tent, shack, garage, barn or other outbuilding shall be used on any -Lot any time
as a residence either temporarily or permanently without the written consent of the
Association or its designee, provided, however, that this shall not prevent the Declarant,
its designees or assigns from maintaining a construction trailer or office on any part of the
Planned Community until the construction of dwellings on all Lots and Common Elements
improvements are completed
D Vehicles/Boats No boat, motor boat, camper, trailer, motor or mobile
homes, tractor/trailer, or similar type vehicle, shall be permitted to remain on any Lot or on
any street at anytime, without the written consent of the Association or its designee No
inoperable vehicle or vehicle without current registration and insurance, will be permitted
on any Lot, street or Common Elements The Association shall have the right to have all
such vehicles towed away at the owner's expense No repairs to any vehicle maybe made
on streets or in driveways but only in garages or other areas and not visible from the street
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E Animals No animals, livestock or poultry of any kind shall be kept or
maintained on any Lot or in any dwelling except that dogs, cats or other household pets
may be kept or maintained provided that they are not kept or maintained for commercial
purposes and provided further that they are not allowed to run free, are at all times kept
properly leashed or under the control of their owner and do not become a nuisance to the
neighborhood
F StatuaryTV Satellite Dishes and Outside Antennas No yard statuary or
TV satellite signal receiving dishes are permitted on any Lot and no outside radio or
television antennas shall be erected on any Lot or dwelling unit unless and until permission
for the same has been granted by the Board of Directors of the Association or its
Architectural Control Committee, provided, however, satellite dishes not over 18" in
diameter which cannot be seen from the street are permitted
G Construction in Common Elements No person shall undertake, cause,
or allow any alteration or construction in or upon any portion of the Common Elements
except at the direction or with the express written consent of the Association
H Signs No signs (including "for sale" or `for rent' signs) shall be permitted
on any Lot or in the Common Elements without permission of the Board of Directors
I Subdividing Subject to any rights reserved to the Declarant herein, no Lot
shall be subdivided, or its boundary Imes changed except with the prior written consent of
the Declarant during the period of Declarant control of the Association and thereafter by
the Board of Directors of the Association
SECTION 4 Maintenance Each Lot Owner shall keep his Lot free from weeds,
underbrush or refuse piles, or unsightly growth or objects All structures shall be kept neat
and in good condition and repair All shrubs, trees, grass and plantings shall be kept
neatly trimmed and properly cultivated
ARTICLE VII
COMMUNITY BOATING FACILITY
SECTION 1 Establishment of Facility There is hereby established a Community
Boating Facility as defined herein The Community Boating Facility shall constitute a part
of the Common Elements of the Development, excluding, however, the Limited Common
Elements
SECTION 2 Use of Limited Common Elements Each Boat Slip will be assigned
to a Lot pursuant to a Boat Slip Certificate in the form attached hereto as Exhibit A Only
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Lot Owners or persons renting the Lot Owner's residence shall be entitled to use the boat
slips Title to a Boat Slip Certificate may not be separated from Lot ownership but Boat
Slips may be transferred among Lot Owners
SECTION 3 Use Restriction The Community Boating Facility may not be used for
more than 21 Boat Slips Boats of 24 feet or less with no cabins or head are permitted
No gasoline sales or other commercial activity shall be permitted No motor vehicles or
boat traders shall be permitted on site and access shall be limited to the 10'
pedestrian/bicycle easement Notwithstanding the foregoing, motor vehicles may use the
temporary parking spaces/drop-off area constituting a part of the Community Boating
Facility In addition to the other use restrictions contained in this Declaration,the following
use restrictions shall also apply to the Community Boating Facility
A Nuisances No noxious or offensive activity shall be carried on upon any
boat, Boat Slip or Common Area, nor shall anything be done thereon which may be or may
become an annoyance or nuisance to the neighborhood There shall not be maintained
any plants or animals, nor device or thing of any sort whose normal activities or existence
are in any way noxious, dangerous, unsightly, unpleasant or other nature as may diminish
or destroy, the enjoyment of other Boat Slips It shall be the responsibility of each holder
of a Boat Slip Certificate to prevent the development of any unclean, unsightly or unkept
condition of the Boat Slip or any boat using it
B Devices and Structures No device, structure or other thing shall be
located or maintained on any dock or other Common Area except one dock box per Boat
Slip, the design and location of which must be approved by the Association All fishing
gear and other marine devices and equipment when not in use shall be stored on board
or in a dock box
C Boats No "tramp vessels", "derelict vessels", barges, or commercial
vessels may be moored in any Boat Slip All boats shall be maintained in a neat, clean,
ship shape, and seaworthy condition No inoperable boat without current registration and
insurance, will be permitted in any Boat Slip The Association shall have the right to have
all prohibited boats towed away and stored at the expense of the holder of the Boat Slip
Certificate No major repairs or complete overhauls to any boat may be made at a Boat
Slip Boats may not be used as permanent residences
D Signs No signs (including "for sale" or "for rent" signs) shall be permitted
on any Boat Slip or in the Common Areas
E Trash Disposal Newspapers, magazines and other similar items must
be placed in a solid waste container Garbage and other perishable items shall be placed
in a plastic bag secured at the top and placed in the solid waste container Loose garbage
shall not be deposited anywhere No trash or empty boxes of any kind shall be left on the
dockways No one shall throw, discharge, pump or deposit from any boat or float any
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refuse, oil, spirits, flammable liquid or polluting matter in the harbor All such matter shall
be deposited at approved oil disposal facilities Waste material such as paper, beer or
drink cans, cigarette stubs, trash, etc , must not be thrown from the boats or dock areas
F Dockways Children under twelve (12) years of age are not permitted on
docks without the immediate presence of a parent or other responsible adult Parents shall
not allow children to run and play on the dockways Dockways shall be kept clear and
uncluttered
G Moonng/Storm Precautions To prevent damage from weather or storms,
adequate mooring lines must be properly secured and maintained, and all outside property
shall be battened down, secured, or placed inside the boat The Association may order
boats immediately removed from their slips in the event of impending hurricanes or other
storms in order to protect the docks and other Common Areas Upon the issuance of any
such order, each holder of a Boat Slip Certificate shall immediately remove his boat from
the Boat Slip or cause any tenant using the Boat Slip to do so Any damage caused to the
common area on account of failure to remove a boat in accordance with such order shall
be repaired by the Association at the sole cost and expense of the Boat Slip Certificate
holder fading to remove or cause the removal of the boat
H Guests Every holder of a Boat Slip Certificate shall insure that his guests
and tenants abide by this Declaration and all rules and regulations and shall be responsible
to the Association for any violation The number of guests permitted at anyone time may
be limited by the Association
I Fish Cleaning Fish cleaning of any kind will not be permitted at the
Development except at a place or places designated by the Board of Directors
J Operation of Engines Unnecessary operation of engines in slips is not
permitted Engines may not be operated in gear while boats are moored
K Water/Power Lines and Connections Water or power lines shall not be
left unattended across main walks All connections to electrical receptacles shall be with
marine grade cords only All accessory cords shall be maintained in a good, safe operating
condition Frayed cords shall promptly be replaced at the Boat Slip Certificate holder's
expense
L Speed Limit The speed limit within the Community Boating Facility shall
be dead slow, or wakeless speed, whichever is slower
M Animals Animals shall be leashed at all times when on the premises
No animals shall be tied to any part of the dock, including fingers or dock boxes Animals
shall be physically kept on board at all times The owner of an animal is responsible for
cleaning, up pet feces and urine
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N Alterations No part of the docks, utility posts or any other Common Area
may be altered in any way
O Safety and Compliance with Law All persons using the facilities shall do
so lawfully and in such fashion as to maintain and preserve those facilities and the
Common Area Each person shall be responsible for his/her own conduct and safety All
persons shall comply with all applicable governmental ordinances
SECTION 4 Profits Notwithstanding that the Boat Slip Certificates are issued by
the Association, the proceeds, if any, from the sale or transfer of Boat Slip Certificates shall
belong to and be the sole property of the Developer When requested to do so by the
Developer, the Association will issue Boat Slip Certificates without charge The
Association shall not issue any initial Boat Slip Certificate except at the direction of the
Developer
SECTION5 Transfer of Certificate Upon the transfer of a Boat Slip Certificate, the
transferring holder shall surrender the applicable Certificate to the Association and a new
Certificate shall be issued by the Association to the new holder The Association shall be
entitled to charge a reasonable ad min istratwe.fee for handling the transfer
ARTICLE VIII
LOTS SUBJECT TO DECLARATION/ENFORCEMENT
SECTION 1 Lots Subtectto Declaration The covenants and restrictions contained
in this Declaration are for the purpose of protecting the value and desirability of the
Planned Community and the Lots contained in it All present and future Owners, tenants
and occupants of Lots and their guests or invitees, shall be subject to, and shall comply
with the provisions of the Declaration, and as the Declaration may be amended from time
to time The acceptance of a deed of conveyance or the entering into of a lease or the
entering into occupancy of any Lot shall constitute an agreement that the provisions of the
Declaration are accepted and ratified by such Owner, tenant or occupant The covenants
and restrictions of this Declaration shall run with and bind the land and shall bind any
person having at any time any interest or estate in any Lot, their heirs, successors and
assigns, as though such provisions were made a part of each and every deed of
conveyance or lease, for a term of twenty (20) years from the date this Declaration is
recorded, after which time they shall be automatically extended for successive penods of
ten (10) years, unless terminated by the Lot Owners
SECTION 2 Enforcement and Remedies The covenants and restrictions of this
Declaration shall inure to the benefit of and be enforceable (by proceedings at law or in
equity) by the Association, or the Owner of any Lot, their respective legal representatives,
heirs, successors and assigns The Executive Board shall be entitled to enforce its Articles
of Incorporation, Bylaws and Rules and Regulations In addition to the remedies otherwise
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provided for herein concerning the collection of Assessments, the following remedies shall
be available
A Association to Remedy Violation In the event an Owner (or other occupant of
a Lot) is in violation of or fails to perform any maintenance or other activities required by
this Declaration, the Association's Bylaws, Charter or Rules and Regulations, the
Executive Board or its designee, after 30-days notice, may enter upon the Lot and remedy
the violation or perform the required maintenance or other activities, all at the expense of
the Owner, and such entry shall not be deemed a trespass The full amount of the cost of
remedying the violation or performing such maintenance or other activities and shall be
chargeable to the Lot, including collection costs and reasonable attorneys' fees Such
amounts shall be due and payable within 30 days after Owner is billed If not paid within
said 30 day period, the amount thereof may immediately be added to and become a part
of the Annual Assessment levied against said Owner's Lot In the event that any
maintenance activities are necessitated to any Common or Limited Common Elements by
the willful act or active or passive negligence of any Owner, his family, guests, invitees or
tenants, and the cost of such maintenance, repair or other activity is not fully covered by
insurance, then, at the sole discretion of the Board of Directors of the Association, the cost
of the same shall be the personal obligation of the Owner -and if not paid to the Association
upon demand, may immediately be added to and become a part of the Annual Assessment
levied against said Owner's Lot Notwithstanding the foregoing, the Association shall not
have a lien for the cost of any maintenance and repairs mentioned in this section if the
Association is obligated to make such repairs or conduct such maintenance by virtue of
yards or structures being Limited Common Elements
B Fines The Association may in accordance with the procedures set forth in the
Act establish a schedule of and collect fines for the violation of this Declaration or of the
Association's Articles of Incorporation, Bylaws or Rules and Regulations IfanOwnerdoes
not pay the fine when due, the fine shall immediately become a part of and be added to the
Annual Assessment against the Owner's Lot and may be enforced by the Association as
all other Assessments provided for herein
C Suspension of Services and Privileges The Association may in accordance with
the procedures set forth in the Act suspend all services and privileges provided by the
Association to an Owner (other than rights of access to Lots) for any period during which
any Assessments against the Owner's lot remain unpaid for at least 30 days or for any
period that the Owner or the Owner's Lot is otherwise in violation of this Declaration or the
Association's Charter, Bylaws, or Rules and Regulations
SECTION 3 Miscellaneous Failure by the Association or by an Owner to enforce
any covenant or restriction herein contained shall in no event be deemed a waiver of the
right to do so thereafter The remedies provided herein are cumulative and are in addition
to any other remedies provided by law
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ARTICLE IX
GENERAL PROVISIONS
SECTION1 Enforcement Of Storm Water Runoff Regulations and Related Matters
The Development is subject to North Carolina State Stormwater Management Permit No
SW8 990208 issued by the Department of Environment and Natural Resources, Division
of Water Quality All lots are subject to the following provisions of the permit
A The allowable built -upon area per lot is as follows Lots 1 A, 1 B, 1 C, Lots 3 and
4 of Tract B and Lot 1 in Tract A at 3,810 square feet, remaining 23 lots at 4,100 square
feet This allotted amount includes any built -upon area constructed within the lot property
boundaries, and that portion of the right-of-way between the front lot line and the edge of
the pavement Built upon area includes, but is not limited to, structures, asphalt, concrete,
gravel, brick, stone, slate, coquina, and parking areas, but does not include raised, open
wood decking, or the water surface of swimming pools
B The covenants pertaining to stormwater regulations may not be changed or
deleted without concurrence of the Division of Water Quality
C Filling in or piping of any vegetative conveyances (ditches, swales, etc )
associated with the development except for average driveway crossings, is strictly
prohibited by any persons
D Lots within CAMA's Area of Environmental Concern may have the permitted
built -upon area reduced due to CAMA jurisdiction within the AEC
E Each lot will maintain a 30' wide vegetated buffer between all impervious areas
and surface waters
F For Lots 1A, 1 Band 1 C, access pavement 8' wide has been accounted for in the
overall BUA limit For Lots 1A and 1 B, a maximum length of 60' has been accounted for
For Lot 1C, a maximum length of 10' has been accounted for, and a maximum length of
20' has been accounted for across the right-of-way of Loder Avenue Access pavement
in excess of these amounts must be included as part of the 3,810 square foot limit per lot
G The pedestrian easement between Lots 1A and 1B must be constructed as
raised, open decking, i e water must be able to pass through to the soil underneath If it
is constructed in any manner other than raised and open, the built -upon area must be
included as part of the 3,810 square foot per lot BUA
SECTION 2 Rights of Institutional Note Holders Any institutional holder of a first
lien on a Lot will, upon request, be entitled to (a) inspect the books and records of the
Association during normal business hours, (b) receive an annual audited financial
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statement of the Association within ninety (90) days following the end of its fiscal year, (c)
receive written notice of all meetings of the Association and right to designate a
representative to attend all such meetings, (d) receive written notice of any condemnation
or casualty loss that affects either a material portion of the Planned Community or the
Property securing its loan, (e) receive written notice of any sixty-day (60) delinquency in
the payment of assessments or charges owed by any Owner of any property which is
security for the loan, (f) receive written notice of a lapse, cancellation, or material
modification of any insurance policy or fidelity bond maintained by the Association, (g)
receive written notice of any proposed action that requires the content of a specified
percentage of mortgage holders, and (h) be furnished with a copy of any master insurance
policy
SECTION 3 Utility Service Declarant reserves the right to subject the Property to
contracts for the installation of utilities, cable TV and street lighting, which may require an
initial payment and/or a continuing monthly payment by the Owner of each Lot Each Lot
Owner will be required to pay for any water connections, sewer connections, impact fees
or any other charges imposed by any entity furnishing water, sewer or other utility service
to the Lots In the alternative, the Developer may collect such connection, impact and
other fees, and charges directly from the Lot Owners All Lot Owners shall be required, for
household purposes, to use water and sewer supplied by the companies/governmental
units servicing the Planned Community Separate water systems for outside irrigation and
other outdoor uses shall not be permitted without the consent of the Declarant or the
Association
SECTION 4 Severability Invalidation of anyone of these covenants or restrictions
by judgment or court order shall in no way affect any other provisions which shall remain
in full force and effect
SECTION 5 Amendment of Declaration Except in cases of amendments that may
be executed by the Declarant under this Declaration or by certain Lot Owners under
Section 47E-2-118(b) of the Act, this Declaration may be amended by affirmative vote or
written agreement signed by Owners of Lots to which at least sixty-seven percent (67%)
of the votes in the Association are allocated, or by the Declarant if necessary for the
exercise of any Special Declarant Right or development or other right reserved to the
Declarant herein
SECTION 6 FHA/VA Approval So long as there is Class B membership,
annexation of Additional Properties, dedication of Common Elements and amendments to
this Declaration must be approved by the Federal Housing Administration and/or the
Department of Veterans Affairs, as the case may be, if either of those agencies has
approved the making, insuring or guaranteeing of mortgage loans within the Planned
Community
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,'s
SECTION 7 North Carolina Planned Community Act It is the intent of the
Declarant to comply with the requirements imposed on the Planned Community by the Act
and to the extent any of the terms of this Declaration violate the Act, the terms of the Act
shall control
IN WITNESS WHEREOF, the parties hereto, have caused this Declaration to be
executed in their corporate name and the corporate seal affixed by its duly authorized
officers as of the day and year first above written
LODER DEVELOPMENT COMPANY, INC
By yl/
ATTEST 7ko-
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, a Notary Public of the County and State aforesaid, certify that l7yc�6r t-CA
personally came before me this day and acknowledged that he is the
A%'rSecretary of LODER DEVELOPMENT COMPANY, INC, a corporation, and that by
authority duly given and as the act of the corporation, the foregoing instrument was signed
in its name by its President, sealed with its corporate seal and attested by himself as its
A%-Tsecretary
WITNESS my hand and official stamp or seal, this &.> day of �(_ 2001
•�' �_� -.tom..
My commission expires
I (SEAL)
_���.•`��� R, NoQ4,
S \W0JULoder0ev-L0ec- fCms wpd,ms
23 : :2. -
a o s ` •
���aiuua:a,ee

Exhibit A
BOAT SLIP CERTIFICATE
of
LODER LANDING COMMUNITY BOATING FACILITY
Issued by
Loder Landing Homeowners' Association, Inc
A NON-PROFIT CORPORATION
INCORPORATED UNDER THE LAWS OF THE STATE OF NORTH CAROLINA
THIS CERTIFIES THAT (the "Holder') Is the holder of
one (1) Boat Slip Certificate (the "Certificate") For Loder Landing Community Boating Facility
(the "Facility") The Certificate shall be held and transferred in accordance with the Declaration
of Covenants, Conditions and Restrictions for Loder Landing recorded in Book , at Page
_, of the New Hanover County Registry, and the Association's Articles of Incorporation,
Bylaws and Rules and Regulations, as they may be amended from time to time
This Certificate shall entitle the Holder to exclusive use and enjoyment of Boat Slip
as shown on the plat of the Facility recorded in Map Book Page _ of the
New Hanover County Registry
This Certificate may be transferred only to the owners of Lots within Loder Landing
The Holder of this Certificate shall not be permitted to create, incur, assume or suffer to
exist upon this Certificate any liens whatsoever except to the extent such lien represents a
purchase money lien incurred as a result of acquiring this Certificate, any Lot within Loder
Landing, or to the extent such lien arises from the security interest granted to the Association
for unpaid dues or other charges
IN WITNESS WHEREOF, the Association has caused this Certificate to be
signed by its duly authorized officer
DATED
LODER LANDING HOMEOWNERS'
ASSOCIATION, INC
By
President

r
I
UCMMPI
APPLICATION for AUG 2 3 2017 *T>
Major Development Permit OCM- MHD CITY
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
2. Agent(Contractor Information
Business Name '5Q'i1.1 I/1��'.tI,,
�.Qr7tU r�CjiSl '��--�I (ftl�
Agentl Contractor 1 First Name
Agent/ Contractor 2: First Name
Mailing Address -
(�2S"z 'ru�E�s Rd
ZIP
Z $409
FAX No.
Street Address (if different from above)
Finail
MI Last Name
MI Last Name
PO Box
City 4)rr
IiIMI
Phone No. Phone 2
q/0- r,3 973 x1.
Contractor p
6,3073
City Slate
<Form continues on back>
State
ext.
ZIP
RECEIVED
DCM WILMINGTON, NC

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
0
3. Project Location
County (can be multiple)Street Address State Rd. #
iQlev Raw..
Subdivision Name Ciry
State Zip
n
Phone No.
Lot No.(s) (it many, attach additional page with list)
_ - ext.
I I'
a. In which NCriverbasin is the project located? -
b. Name of body of water nearest to proposed project
CA e Fed(t
ATC WW
c. Is the water bddy identified in (b) above. natural or manmade?
d. Name the closest major water body,, to the proposed project site. .
❑Natural xu4anmade❑Unknown�n'i1Ca.
Is Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
.Aes ❑No
work falls within. tt�''
nJQW RGNUVCi L'10W; lM�
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
23 r cl
c. Size of individual lolls)
d. Approximate elevation of tract above NHW (norm/a/1/hi�gh water) or
NWL(normal water level) +� fo r7�..1DV--
(If many lot sizes, please attach additional page with a list)
XNHW or ❑NWL ..
e. Vegetation on tract
RECEIVED
f. Man-made features and uses now on tract AUG 2 3 2017
� ktn lot( dvck� `�'�'� DCM- MHD CITY
g. Identify and describe the existing land uses a 'ac nt to the proposed project site.
h. How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable).
^-j
Aes(QCI�PA l
Yes ❑No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Ves o
k. Has a professional archaeological assessment been done for the tract? It yes, attach a copy. ❑ Yes No ❑NA
If yes, by whom?
I. Is the proposed project located in a National Registered Historic District or does it involve-, ❑Ves %o ❑NA
National Register listed or eligible property?
<Form continues on next page>
aTN0�l rllNl if�r- r s}il�l— ,Ti�r7

Form DCM MP-t (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? -
t&i'es RNo
'-\(es
(ti) Are there coastal wetlands on the site?
❑/No
(iii) If yes to either (i) or (it) above, has a delineation been conducted?
❑Yes 0
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
CFPO
RECEIVED
o. Describe existing drinking water supply source. C
AUG 2 3 2017
.tn
p. Describe existing storm water management or treatment systems
yuY ►UCe rtuno
C J
DCM- r1u D CITY
5. Activities and Impacts
a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government
rl✓ rivate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete. rig
�Joat J �vUa�iXs�'���1�°fi'L°5� �isk��, SW�nlfnni�l el2�b' Jc
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, thenumber of each type.
of equipment and where it is to be stored.
d. List all development activities you propose. I,
&M&R old Q�L -rn dA*- s v ��pl�ce v✓
e. Are the proposed activities maintenance of an existing project, new work, or both?
W d1+q Ct✓
I. What is the approximate total disturbed land area resulting from the proposed project? q.Ft or ❑Acres
zolti
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes No❑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? Oyes No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j. Is there any mitigation proposed? ❑Yes No ❑NA
If yes, attach a mitigation proposal.
<Form continues on back> RECEIVED
DCM WILMINGTON, NC

Form DCM MPA (Page 4 of 4)
RECEIVED
AUG 232017
. A Ir1 MTV
APPucATION for
Major Development Permit
6, Additional Information
M addtim to this corepteled aPPkcafwrt Iarm- (AIP•1) Me fdbwrtg items below. I applicable, "a beSemilsse ed 0 orow for the ll the app&ca( rwn
package fo be canixiste. ttems (a) - (1) are always applicable to any major development aD'P�ation PM
Lwnx3ion booklet W how to isopeM prepare Me istil°Y"d items below.
a. A project narrative.
b. An accuse Caldd work plot i n aft*a Wx1A�e u �SAm� „�jrd��b, � �estatus of the
plar drawings to dissirguish
proposed faWect. is anY DOAan atready ompte
kelhmen work Canplemd and 17101ste d.
c. A Site «leCarlo" mar) Mal ie suackwily deleted to iNkIll agency Personnel unfamiliar vNh the Will, So the site.
0. A coPY d me dead (wiUtt state appkcatim. attty) or toner ihasvment under which ate appikaa Uaims see b Ute aneded Properties.
a. The appropriate apPticafon fee. Check «money oMW ireda Payable m t)ENR.
f. A list of me names and complete addresses of do adjacent waterfront (riparian) landowners and signed return receipts as Prod Cher such
«wren have received a cagy of the application and plats by contfied mail. Suchlandowhm must be advised Ittat dmeY have 30 days in
wiwh to submit con.ner" hm die proposed project lo eta Division of Coastal Management. ._ ._.
Herne CriA"A -Tp hnccN Phone No. gA. `5-3�
Address 1 A i; I K JulJrAt'N �i `o
Y�t -SO 1 Ph«he Na
Address WoLods-/41"UJ1fw,4*7NG.Z`T209
Phone No.
Name
Address
g. A Est of previous Stamm Iedual im mirs issued f« work WOW «pact tract. Inc�kide Donna nembas. pernmtee, arq isshurxl dales.
h. Sig^ee wrmwgam «agent aumonrati«t tram. A aot*cabla. _ — -
f. WWw4 deWteawn. it necessary —.
j. A eigrwd AEC Hazard mice for projects in W.'eWtlrhxht and irdal arras. f W.1 be *.d by pmp lty r^m'rtsd
k. A alatement of co-W; mice whm It's N C. f.—t;. rd l Poecy Amy 1N.C.G.S. t t]A 1•t0). d rhecessary. H the project �tvWves aspanMtwe
....u� items anacn a sbthxrhem decwnenem ng mpknca w aith the Norm Catalina Errvko«htef" PascY qh].
[Certification and Permission to Enter on Land
I understand that any permit issued in respi;Ws to this application cart allow only the development described in the appijcalion.
Tice project wjll be subject to the conditions and reslriclions contained in the Permit.
1 certity that I an, authorized to grant- and du in fact grant Permission to representatives of state and federal review agencies to
enter mt the aforementioned lands in connection voth evaluating infomtahon related to thts permit application and follow up
monitoring of the project.
I further certify that The information provided in this applica7Egr
edge.
Cltti v�' �1LU 111
Dale — __ Print Name
r
Signature-of
o f
Please indicate applicationaaachmems pertaining to your Proposed projac.
*DCM MP-2 Excavation and Fie Information ODCM MP-5 Bridges and Culverts
CM MP-3 Upland Development
�ICM MP-4 Structures information
DCM RECEIVED
NC
AUG 0 9 2017

Ce7
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
AUG 2 3 2017
DCM- MHD CITY
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 ❑Public/Government Private/Community []Yes /�No
c. (i) Dock(s) and/or pier(s)
III) Number /�
(iii) Length_ l 7 V
(iv) Width
(v) Floating ❑Yes ❑No
e. (i) Are Platforms included? tMres ❑No
If yes:
(ii) Number
(iii) Length -27 -
(iv) Width
(v) Floating 'KYes []NO
Note: Roo/ed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
/ -Tit V10.51t'lpr
(ii) Number of slips existing
i. Check the proposed type of siting:
❑ Land cut and access channel
J*pen water; dredging for basin and/or channel
❑Open water; no dredging required
[_-]Other; please describe:
//
k. Typical boat length: -
m. (1) Will the facility have tie pilings?
❑Yes XNo
(ii) If yes number of tie pilings?
d. (i) Are Finger Piers included? yes []No
If yes:
/ \
(ii) Number
Length
2.L
(iiit )
IN) Width
/
2�5�
(v) Floating
,3
❑Yes *&0
f. (i) Are Boatlifts
If
included? 0Yes ❑No
yes. [�
(ii) Number
(iii)Length A— <11 ^ps Q P
(iv) Width 4L— ✓ I'I'vQM.tGr.� 1n
h. Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
maintenance service
❑ Dockage, fuel, and marine supplies
( Dockage ("wet slips') only, number of slips:
❑\Dry storage: number of boats:
❑ Boat ramp(s); number of boat ramps:
Other, please describe:
per %r c cc p sl; ps
j. Describe the typical boats to be served (e.g.. open runabout,
charter boat@, sail boats, mined types).
I. (1) Will the fac'�ity be open to the general public?
❑Yes IT0
RECEIVED
DCM WILMINGTON, NC
AUG 0 9 2017

%k'
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
❑ Boatholding tank pumpout; Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
RECEIVED
AUG 2 3 201
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.
(ii) Give the location and number of "Pumpout Available" signs proposed..
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed or?
h. Give the number of channel markers and "No Wake" signs proposed.
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED
DCM WILMINGTON, NC

kw
RECEIVED
m. Is the marinaldocking facility proposed within a primary or secondary nursery area?
❑Yes ❑No AUG 2 3 2017
n. Is the marinaidocking facility proposed within or adjacent to any shellfish harvesting area?
[]Yes ❑No ncM MHB�ITy--
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), she I bottom
(SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected.
❑CW ❑SAV ❑SB
OWL []None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
13. BOATHOUSE (including covered lilts) AThis section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2. Excavation and Fill.) RThis section not applicable
a. (i) Number
(ii) Length
(iii) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) (This section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL. or wetlands
6. MOORING PILINGS and BUOYS ATnis section not applicable
a. Is the structure(s):
❑Commercial ❑Public/Govemment ❑Private/Community
C. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing _
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
RECEIVED
DCM WILMINGTON, NO
AUG 0 9 2017

7. GENERAL
a, pl x -ly of sVuctwe(s) to adjacent "padaa Omp" Nees b. Pm�Xvnity of sbucturc(s) to adlwwl (Inching raatibes-
•� I tom. )'7 (?Q.Cln C. �1,�C�/� i ("`t—.
Note: For buoy w moonng WIM, use arc ol.swing inUW(ng lergfA
of vessel.
c. W idlh of water body
Tlw i
e. (1) W dl navigattiunai aids be requ6ed as a respN of the pm)ect?
Qyes Old ONA
(ii) It yes, exxplam whal type and how they will be implemented,
OTHER
8.a.—
a. Give comp—
lete Oescdptipn:
Date
Reject Name
Applicant Name �.
C �
Applic Signatum
d. Water depth at w terward end of structure at4 LLW or NWT
O This section not appitcable
RECEIVED
AUG 2 3 2017
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
AUG 0 9 2017•

V
Rook 6126 Page 1729
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BK: RB 6128
PG: 1729 - 1737 2018008468
RECORDED'.
NO FEE VADO
0312=18 NEW HANOVER COUNTY,
TAMMY THEUSCH BEASLEY
03:37:05 PM E TX $0.00
REGISTER OF DEEDS
BY CMOL HUGHLEY
DEPUTY ELECTRONICALLY RECORDED
USE RESTRICTIONS AGREEMENT
& THIS USE RESTRICTIONS AGREEMENT ("Agreement") is made this
day of March, 2018 by LODER LANDING HOMEOWNERS' ASSOCIATION,
INC., a North Carolina nonprofit corporation ("Association"); the CONNIE STONE
REVOCABLE TRUST, u/a/d November 21, 2002, and the MILDRED M. STONE
REVOCABLE TRUST, u/a/d November 21, 2002 (collectively the "Stone Trusts");
RICHARD J. BRANNIN, JR., and wife SANDY S. BRANNIN (the "Brannins"); and
CHRISTIAN ALLYN BOLZ, and wife DEBRA ZIMBLE BOLZ (the "Bolz").
RECITALS:
A. The Association is a nonprofit corporation organized under
Chapter 55A of the North Carolina General Statutes, existing as a property owners
association for the Loder Landing subdivision in New Hanover County, North
Carolina ("Community").
B. The Association was created by the Declaration of Covenants
Conditions and Restrictions for Loder Landing, recorded in Book 2920, at Page 699
in the office of the Register of Deeds of New Hanover County ("Declaration"). The
Prepared by Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post
Office Box 7068, Wilmington, NC 28406-7068
Please return to Ward and Smith, P.A., 127 Racine Drive, University Corporate Center (28403), Post
Office Box 7068, Wilmington, NC 28406-7068
Attention: James R. Todd
No opinion on title is rendered by Ward and Smith, P.A., without a separate written opinion on title
from Ward and Smith, P.A.
RECEIVED
MAR 2 9 2018

Book 6128 Page 1730
Use Restrictions Agreement
capitalized terms in this Agreement shall have the same meanings as set forth in
the Declaration unless otherwise described herein.
C. The Association owns property within the Community, including
Lot 3R as shown on that map titled "Revision of Lots B, C and Lot 3R, Loder
Landing" recorded in Map Book 40, at Page 398 in the office of the Register of Deeds
of New Hanover County, North Carolina ("Lot 3R"). The Association manages and
operates Lot 3R as part of the Common Elements of the Community.
D. The Stone Trusts own a Lot within the Community depicted as
Lot A on that map titled "Division of Lot 1R, Loder Landing" recorded in Map Book
39, at Page 95 in the office of the Register of Deeds of New Hanover County, North
Carolina ("Lot A"). Lot A was granted to the Stone Trusts in a deed recorded in
Book 5967, at Page 2869 in the office of the Register of Deeds of New Hanover
County, North Carolina.
E. The Brannins own a Lot within the Community depicted as Lot
B on that map titled "Revision of Lots B, C and Lot 3R, Loder Landing" recorded in
Map Book 40, at Page 398 in the office of the Register of Deeds of New Hanover
County, North Carolina ("Lot B"). Lot B was granted to the Brannins in a deed
recorded in Book 6047, at Page 1515, as corrected in Book 6066, at Page 1786, both
in the office of the Register of Deeds of New Hanover County, North Carolina.
F. The Bolz own a Lot within the Community depicted as Lot C on
that map titled "Revision of Lots B, C and Lot 3R, Loder Landing" recorded in Map
Book 40, at Page 398 in the office of the Register of Deeds of New Hanover County,
North Carolina ("Lot C"). Lot C was granted to the Bolz in a deed recorded in Book
5993, at Page 2487 in the office of the Register of Deeds of New Hanover County,
North Carolina.
G. As part of the Common Elements, the Community contains a
pier, floating dock, and boat slips designed for the use and enjoyment of Association
members described in the Declaration as the Community Boating Facility.
Construction of the Community Boating Facility required a Coastal Area
Management Act ("CAMA") permit from the North Carolina Department of
Environmental Quality ("NCDEQ") (formerly known as the Department of
Environment and Natural Resources) and the Coastal Resources Commission.
NCDEQ issued CAMA Permit Number 46-01 to the developer of the Community
Boating Facility in 2001 ("Permit").

I Book 6128 Page 1731
Use Restrictions Agreement
H. The Permit was issued subject to several conditions. One
condition was that no additional docking facilities be allowed off any of the
waterfront lots in the Community, either at the time the Permit was issued or
thereafter, and that deed restrictions must be imposed on all Community
waterfront lots to give effect to this condition. Those restrictions were never
created.
I. Lot A, Lot B, and Lot C (collectively the "Waterfront Lots") are
the only waterfront lots in the Community.
J. The Association now desires to repair and update the
Community Boating Facility, and is recording this Agreement to comply with the
Permit and any other necessary government permits.
K. All the parties to this Agreement desire to subject the
Waterfront Lots to use restrictions sufficient to satisfy the Permit requirements.
NOW, THEREFORE, for and in consideration of the sum of Ten
Dollars ($10.00) in hand paid to each party by the other, and for the benefits that
Lot 311 and the Waterfront Lots will derive from the improvement of the
Community Boating Facility, and other good and valuable considerations given to
each party by the other party, the receipt of which hereby is acknowledged, the
Association, the Stone Trusts, the Brannins, and the Bolz hereby agree as follows
1. No docking facilities other than the Community Boating Facility
may be constructed or allowed to remain off any of the Waterfront Lots, either now
or in the future. "Docking facilities" include all piers, docks, bulkheads and other
structures designed or used for the storage, docking, or access of watercraft.
This Agreement shall be enforceable by the Association at law or
in equity.
3. If it becomes necessary for the Association to enforce the terms
or rights of this Agreement, the party in violation of this Agreement shall be
responsible for the Association's reasonable attorney's fees.
4. These restrictions and covenants are appurtenant to and shall
run with the Waterfront Lots for the use and benefit of Lot 3R and the Association,
and assigns.
RECEIVED
MAR 2 6 �3
DCM WILMINGTON, NC

Hook 6128 Page 1732
Use Restrictions Agreement
IN TESTIMONY WHEREOF, the'parties have executed this
Agreement under seal in such form as to be binding this the day and year first
above written.
[Signature Pages Follow]
0

Book 6128 Page 1733
Loder Landing Homeowners'
Association, Inc.
• � (� (Seal)
By: Jo h 1J 5
President
STATEOF Nnrkt^ Cnrel:eo_
COUNTYOF New i yip✓
I certify that the following person personally appeared before me this day,
acknowledging to me that he/she signed the foregoing document for the_ purpose(s)
stated therein, in the capacity indicated therein.
on 1). Ford lid yam'
Date: 3 /'
Signature of Notary Public
Seal)
NOTARY
PUBLIC
Mi cjv�f p Nl e r<<r
Notary's printed or typed name
My commission expires: --3ket- 5 ,20 2 c
Notary seal or stamp must appear within this box.
RECEIVED
MAR 2 6 2018
DCM WILMINGTON, NC

Book 6128 Page 1734
Use Restrictions Agreement
t (Seal)
�d J. Brannin, Jr.
Sandy S. Brannin
STATE OFW^ Ca �o�inc:
COUNTY OF IJew Wancc,0—,
I certify that the following persons personally appeared before me this day,
acknowledging to me that they signed the foregoing document for the purpose(s)
stated therein, in the capacity indicated therein: RICHARD J. BRANNIN. JR., and
wife SANDY S. BRANNIN.
Date:
(Official
T.
Notary Public
New Hanover
County
Signature of Notary Public
Grace. F- - l.)l-Sh
Notary's printed or typed name
My commission expires: 2)b33
Notary seal or stamp must appear within this box.

Book 6128 Page 1735
Use Restrictions Agreement
STATE OF 1 1 (kK CC^t h
COUNTY OF w VNI, AQVe r
I certify that the following persons personally appeared before me this day,
acknowledging to me that they signed the foregoing document for the purpose(s)
stated therein, in the capacity indicated therein: CHRISTIAN ALLYN BOLZ, and
wife DEBRA, ZIlvIBLE BOLZ.
Date: J I
(Official Seal)
T NF•1,
ear,,.,, 4.
`5:, aOTA py 1�Z
Z' c
�s�91;OM9Fn; s� J�a'�a
PER OQ.,,a`
SQ�CAK�-e� near
Notary's printed or typed name
My commission expires:
Notary seal or stamp must appear within this box.
7
RECEIVED
MAR 2 6 2018
DCM WILMINGTON, NC

Hook 6128 Page 1736
Use Restrictions Agreement
The Connie Stone Revocable
Trust, u/a/d November 21, 2002
STATE OF %)x4h Cary' U n 4
COUNTY OF Vhke
I certify that the following person personally appeared before me this day,
acknowledging to me that he/she signed the foregoing document for the purpose(s)
stated therein, in the capacity indicated therein: R�
Goren%e $-dune
Date: II I Iaot$
Wm-�- I If "I IZIN
N 0 HOL ALL—no4G11y4 cra irr
Notary's printed or typed name
My commission expires: I l I (-I Iao 1I
Notary seal or stamp must appear within this box.

Book 6128 Page 1737
Use Restrictions Agreement
The Mildred M. Stone Revocable
Trust, u/a/d November 21, 2002
COUNTY OF • •
I certify that the following person personally appeared before me this day,
acknowledging to me that he/she signed the foregoing document for the purpose(s)
stated therein, in the capacity indicated therein. R1q Ro-
�RI `-14wa n^X=rxx
// l %
ldre) In, Sent u
(Official
14�gnature of Notary 104c
Maria L080n4a F-WXicr
Notary's printed or typed name
My commission expires:
Notary seal or stamp must appear within this box.
080027-00001
ND: 4833-12274527, v. 1
RECEIVED
MAR 2 6 2018
9
DCM WILMINGTON, NC

Coastal Management
ENVIRONMENTAL QUALITY
October 27, 2017
Southeastern Coastal Construction Co.
c/o Mr. Stephen Conway
6252 Towles Rd.
Wilmington, NC 28409
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for
Loder Landing HOA
Dear Mr. Conway:
This letter is in response to the above referenced CAMA permit application, which was accepted
as complete by the Division's Wilmington office on August 9, 2017. Processing of the
application is ongoing. However, it has been determined that additional information will be
required prior to the Division taking final action on your application. The required item is
summarized below:
1) The original permit issued for the community dock required that deed restrictions
be placed on the three waterfront lots located landward of the community dock. It
appears that these deed restrictions may not have been placed on the lots, as was
required prior to construction of the docking facility. Please submit documentation
that these deed restrictions were executed and recorded and that the HOA has
retained riparian rights.
Therefore, it is necessary that processing of your permit application be placed in abeyance to
give you an opportunity to submit the required information. Once we receive information
requested above, we will resume processing of your application.
If you can provide to this office with the requested information within five working days from
the date of this letter, DCM staff will continue processing of the application and the processing
clock will not be suspended. If the required information is not received in this office within the
specified timeframe, processing of the application will be suspended in accordance with 15A
NCAC 07J.0204(d) until such time as the requested information is provided.
Stare of North Carolina I Environmental Quality I Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
9/07967215

If you have any questions concerning these matters, please feel free to contact me by telephone
at [phone], or by email me at [e-mail].
Sincerely,
Bather Coats
Assistant Major Permits Coordinator
Cc: MHC Files
WiRO Files
Tyler Crumbley, USACE
State of North Carolina I Environmental Quality I Coastal Management
Whnmgton Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28405
9107967215

r
Coats, Heather
From: Coats, Heather
Sent: Wednesday, February 07, 2018 1:19 PM
To: 'Jack Ford'
Subject: RE: [External] Loder Landing
Hi Jack,
After discussion with senior management and our attorney, it was determined that we do need deed restrictions placed
on the 3 waterfront properties in orderto continue processing the HOXs permit application.
I realize this is not your desired outcome, but this issue does need to be addressed now prior to permitting to meet the
rules and bring the facility into compliance- and it will also serve to protect the HOA down the road from further issues,
should any of the 3 properties change hands.
Feel free to call me if you have any questions.
Heather
Heather Coats
Assistant Major Permits Coordinator
Division of Coastal Management
North Carolina Department of Environmental Quality
910 796 7302 office
heather.coats(ancdenr.00v
127 Cardinal Drive Extension
Wilmington, NC 28405
Nothing Compares.,._
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.
From: Jack Ford [mailto:iackford3Cagmail.coml
Sent: Monday, February 05, 2018 12:14 PM
To: Coats, Heather <[e-mail]>
Subject: [External] Loder Landing
Heather,

Has there been any progress on decisions about our dock approval? As you can imagine, we are anxious to
move forward.
Thanks,
Jack
John J. Ford III ("Jack")
JF3 Consulting
iackford3()gmail.com
617-513-3278

RECEIVED
DIVISION OF COASTAL MANAGEMENT AUG 2 3 2017
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Loder Landing HOA DCM- MHD CITY
2. LOCATION OF PROJECT SITE: end of Loder Avenue (S.R. 1523) adjacent to the
AIWW and Myrtle Grove Sound, in Wilmington, New Hanover County.
Photo Index — 2006: 21-7383 O, P, Q — 14 Lat: 34007'25.68"N Long: 77052'08.94"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/16/17
Was Applicant Present— No
5. PROCESSING PROCEDURE: Application Received — 8/9/17
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan— New Hanover County
Land Classification From LUP — Conservation
(B) AEC(s) Involved: PT, EW-ORW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing- Municipal Sewer
Planned- N/A
(F) Type of Structures: Existing- Dock facility, bulkhead, and upland development
Planned- replace portion of existing docking facility
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION:
[AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Coastal)
(B) Non -Vegetated Wetlands (Open
Water)
7,200 ftz
(incorporated)
(C) Other - Highground disturbance
(D) Total Area Disturbed: 7,200 ft2 (0.17 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: YES
8. PROJECT SUMMARY: The applicant proposes to reconfigure an existing docking
facility.

Loder Landing HOA
Page Two
9. PROJECT DESCRIPTION
RECEIVED
AUG 2 3 2017
DCM- MHD CITY
The project site is located adjacent to the AIWW, on Myrtle Grove Sound, at the northeast end of
Loder Avenue, New Hanover County. To get to the site from the Wilmington Regional Office travel
southeast onto Eastwood Road for approximately 2 miles and then turn right on Military Cutoff
Road which becomes Oleander Drive. Travel approximately 1.5 miles and turn left onto Greenville
Loop Road. Travel approximately 3 miles and turn left onto Pine Grove Drive which becomes
Masonboro Loop Road. Travel approximately 4 miles then turn left onto Myrtle Grove Road. Then,
travel approximately 1 mile and turn left onto Loder Avenue and the project area will be located
to the left at the terminus of the road.
The 11.31-acre tract is approximately 180' wide, running the entire length of Loder Avenue, or
approximately 2500' in depth from Myrtle Grove Road. The existing subdivision include twenty-
six (26) lots, with three (3) lots on the east side of the property that are oriented toward the sound.
The waterfront lots average approximately 4'-5' above normal high water (NHW). High ground
vegetation that exists on the property consists primarily of lawn grasses and the lots are
developed with single family homes. The applicant's measured shoreline is approximately 235' in
length and stabilized with a bulkhead. Along the shoreline is a narrow strip of trees and shrubs
including Red Cedar (Juniperus virginiana), Oak (Quercus spp.), Yaupon (Ilex vomitoria), Marsh
Elder (Iva frutescens), and Groundsel-bush (Baccharis halmifolia). Waterward there is a border
of intertidal salt marsh, approximately 350' wide that consists primarily of Smooth Cordgrass
(Spartina alterniflora), Glasswort (Salicorina spp.), and Sea Lavender (Limonium carolinana). At
the transition to high ground there is Spike Grass (Distichlis spicata), Sea Oxeye (Borrichia
frutescens), and Salt Meadow Cordgrass. There are several areas of high -marsh consisting
primarily of Black Needlerush (Juncus roemerianus).
An existing twenty-one (21) slip docking facility extends approximately 435 ft. waterward of the
bulkhead between the southernmost and central waterfront lots in a easterly direction into Myrtle
Grove Sound. It includes a 435' by 6' access pier leading to a 24' by 20' fixed platform, the
landward -most 20' of which is covered. There is a 6' by 43' fixed pier that extends from the
platform which connects to a large floating platform via a ramp. The main spine of the floating
platform extends in a north -south direction and measures 7.5' in width by 180' in length. There
are six perpendicular finger piers on the waterward edge, each measuring 5' wide by 24' long.
There are twelve (12) slips on the waterward side of the main spine each of which has a 4-pole
boat lift and nine (9) slips on the back side of the floating platform, each of which has a single -
pole boatlift. The existing facility is constructed up to the 80' federal channel setback from the
AIWW. The facility extends approximately 150' into a waterbody that measures approximately
750' in width. Water depths are approximately -1' at NLW along the landward side of the floating
dock and -2' at NLW at the waterward end of the finger piers. The facility is built up to the adjacent
15-ft. Riparian Corridor Setback Area on the north and south sides. This facility was originally
authorized by CAMA Major Permit #46-01 which was issued 4/18/01.
The New Hanover County Land Use Plan classifies adjacent land and waters as Conservation.
The waters of the Myrtle Grove Sound are classified SA-ORW by the Division of Water
Resources. They ARE designated as a Primary Nursery Area by the N.C. Division of Marine
Fisheries and they are OPEN to the harvest of shellfish.

Loder Landing HOA
Page Three
PROPOSED PROJECT
RECEIVED
AUG 2 3 2017
DCM- IVIFID CITY
The applicant proposes to reconfigure an existing docking facility. The applicant proposes to
replace most of the floating portion of the existing docking facility with an elevated fixed dock.
However, the application states that to load and unload people and equipment, two sections of
floating platform would be needed. The main spine of the proposed fixed pier would be oriented
in the same direction as the existing main spine, and measure approximately 7' wide by 180' in
length. Two (2) elevated fixed finger piers each measuring 3' in width by 19' in length would
extend from the north and south end of the main spine in a parallel direction. Along the eastern
edge of the main spine would be six (6) fixed piers, the center two (2) would each measure
approximately 5' by 24', and the remaining four (4) would each measure approximately 3' by
24'. Extending from the northernmost and southernmost finger piers would be ramps that would
connect to the proposed floating platforms, each of which would measure approximately 27' by
6' extending perpendicular to the main spine (see Sheet 2 of 4). The 21 previously approved
slips would remain in essentially the same area, with 4-pole lifts in the slips on the waterward
edge and single pole lifts in the slips on the western edge of the main spine. Two (2) temporary
slips, one on each end of the main spine, would be created with the addition of the proposed
floating platforms.
10. ANTICIPATED IMPACTS
The reconfigured facility would incorporate approximately 7,200 ft2 of Estuarine Waters and Public
Trust Areas that is essentially usurped by the existing facility. The facility would accommodate
twenty-one (21) boats on a permanent basis, and two (2) temporary slips with the potential for
dockage for a total of twenty-three (23) vessels, in water depths ranging from -1' to -2' at NLW.
The facility would be built up to the 80' federal channel setback from the AIWW, and up to the
adjacent 15' Riparian Corridor Area setbacks on the northern and southern sides. The facility
would extend approximately 150' into a waterbody measuring 750' in width within the existing
footprint. Minor turbidity should be expected during construction.
Submitted by: Courtney Spears Date: August 18, 2017 Office: Wilmington

0
Southeastern Coastal Construction Company, Inc.
DBA Southeastern Marine Contractors
Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured
910.538.9737 6252 Towles Rd, Wibnington, NC 28409
July 18, 2017
Narrative for Loder Landing HOA:
My clients, The Loder Landing HOA would like to replace their existing floating dock structure which
was originally permitted under permit #4601 for Loder Avenue Development Company. The existing
floating dock is located at the end of their existing pier and around their existing boat lifts with a
structure which would be more accommodating to all the boat wake activity which they receive from the
AIC W W. Since the conception of this project they have had constant maintenance on the existing
floating dock structure which they would like to eliminate. While wishing to make the majority of it
raised fixed pier, they would still need some floating structure to accommodate loading and off loading
vessels which park along the back side of the existing floating dock structure. Current water depths
show 18" of water at mean low water. If deemed less than 18" owners will include stops or shorten
length of dock till water depth will be 18" under floating dock. We have made room for these floating
structures by reconfiguring the last 3 slips on either side of the project to create the room for a 6ft wide
floating dock within the 15 ft setback line. The new structure would accomplish several items. It would
eliminate a large floating dock facility in an area where it might be marginally acceptable under current
regulations. It would also decrease the square footage of the structure by 118 sq. feet.
Thank you for your consideration of this request.
Stephen B. Conway, Owner
Southeastern Coastal Construction Company, Inc.
910.538.9737
[e-mail]
RECEIVED
AUG 2 3 2017
DCM- MHD CITY
DCM RECEIVED
ON, NC
AUG 0 9 2017

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Coastal Management
ENVIRONMENTAL QUALITY
October 23, 2017
Loder Landing Homeowners Association
c/o Mr. John Ford
237 Loder Ave.
Wilmington, NC 28409
Dear Mr. Ford:
ROY COOPER
com"Ar
MICHAEL S. R€GAN
seaw2er
BRAXTON C. DAVIS
DireCNr
This letter is with reference to your application for a Coastal Area Management Act Major
Development permit to undertake development activities at property adjacent to the
AIWW, at the end of Loder Avenue, in Wilmington, New Hanover County.
Additional time is needed for this office to complete the review and make a decision on your
request. Therefore, it is necessary that the standard review time be extended. An additional
75 days is provided by G.S. 113A-122(c) which would make January 6, 2018, the new
deadline for reaching a decision on your request. However, we expect to take action prior to
that time and will do so as soon as possible. In the interim, if you have any question on the
status of your application, do not hesitate to contact me by phone [phone] or e-mail
at: [e-mail].
Sincerely,
A41WA"Rd,
Heather Coats
Assistant Major Permits Coordinator
cc: Wilmington Files
MHC Files
RECEIVED
OCT 27 Z017
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
Wihnington Office 1127 Cardinal Drive Edenton I Wilmington, North Carolina 28405
910 796 7215

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Wilmington, NC
Bunder Ave
Wilmington, NC 28409
Suggested routes
Masonboro Loop Rd
Pine Grove R and Masonboro Loop Rd
NC-132 S/S College Rd
Amrdinal R
1. Head southeast on N Card -oral Dr/Cardinal Or 6m toward Vision Or
0.5 M
2. Turn left onto Eastwood Rd
1.8 m
3. Turn right onto Military Cutoff Rd
0.6 or
4. Continue onto Oleander Or
0.7 rn
S. Tum left onto Greenville loop Rd
2.8 rl
6. Turn left onto Pine trove R
1.21a
7. Continue onto Masonlooro Loop Rd
3.6 m
8. Turn left or= Myrtle trove Rd
0.7 m
9. Turn left onto trader Ave
0.3 m
BLoder Ave
12.2 miles,22 min
11.9 miles,22 min
10.5 miles,23 min
RECEIVED
AUG 2 3 2017
DCM— MHD CITY
RECEIVED
DCM WILMINGTON, NC
AUG 0 9 2017

Coastal Management
ENVIRONMENTAL QUALITY
August 18, 2017
Stephen Conway
Southeastern Coastal Construction Company, Inc.
6252 Towles Road
Wilmington, NC 28409
Dear Mr. Conway:
ROY COOPER
GoW,mor
MICHAEL S. REGAN
Sec,i,r
BRAXTON DAVIS
Direcmr
The Division of Coastal Management hereby acknowledges receipt of your application, as authorized
agent for Loder Landing HOA, for State approval for development of the subject property located at the
end of Loder Avenue, Wilmington, New Hanover County. It was received as complete on August 9, 2017
and appears to be adequate for processing at this time. The projected deadline for making a decision is
October 23, 2017. An additional 75-day review period is provided by law when such time is necessary to
complete the review. If you have not been notified of a final action by the initial deadline stated above,
you should consider the review period extended. Under those circumstances, this letter will serve as your
notice of an extended review. However, an additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from August 9, 2017, 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.
An onsite inspection will be made, and if additional information is required, you will be contacted by the
appropriate State or Federal agency. Please contact me if you have any questions and notify me in
writing if you wish to receive a copy of my field report and/or comments from reviewing agencies.
Si ely,
Courtney Spe
ield Representative
cc: Heather Coats, DCM
Doug Huggett, MHC
Darrell Galloway, LPO
Tyler Crumbley, COE RECEIVED
Chad Coburn, DWR
AUG 2 3 2017
D'CMw MHD CITY
►M
State of North Carolina I EnvGonmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 29405
910-7%-7215

N0T1(S'#*1?j
RECEIVED
AUG 2 3 2017
DCM- MHD CITE'
AMA PERMIT
APPLIES FOR
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County
COMMENTS ACCEPTED THR
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Loder Landing HOA NC Div. of Coastal Management
c/o John Ford 127 Cardinal Dr. Extension
237 Loder Ave. Wilmington, NC 28405
Wilmington, NC 28409 Courtney Spears, Field Representative
910-796-7423
Agent: Stephen Conway [phone]

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RECEIVED
AUG 2 3 2017
CM- MHD CITY
RECEIVED
DCMK NC
AUG 0 :; i 17

Postal
CERTIFIED IVIAILO� RECEIPT
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DCM WILM NGTON, NC
AUG 0 9 2017

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2003018935
FOR REGISTRATION REGISTER OF DEFDS
REOECCA T CHRISTIAN
NEW HANOWR COUNTY, NC
2W APR 02 09:51, 55 AM
BK•3719 PG:154-156 FEE:$17 00
MINE
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
Tax Parcel No.: Pt. R07620-003-040-000
RECEIVED
AUG 2 3 2017
DCM- MHD CITY
NON -WARRANTY DEED
DEED made the 31day of March , 2003, by LODER DEVELOPMENT
COMPANY, INC , a North Carolina corporation, Grantor, to LODER LANDING
HOMEOWNERS' ASSOCIATION, INC , a North Carolina non-profit corporation, with an
address of c/o CAMS, 1630 Military Cutoff Road, Wilm., NC 28403 Grantee,
WITNESSETH
That the Grantor, in consideration of Ten ($10 00) Dollars and other valuable
consideration paid to them* by the Grantee, the receipt of which is hereby
acknowledged, have bargained and sold and by these presents do bargain, sell and
convey unto the Grantee, its successors and assigns, in fee simple, a tract or parcel of
land in New Hanover County, North Carolina, bounded and descnbed as follows
The 10' Private Pedestrian Easement and 30' Public Utility and Pnvate Access
Easement shown on map of a portion of Loder Landing recorded in Map Book 40, Page
398, New Hanover County Register of Deeds, which easements are Common Area
appurtenant to Loder Landing
TO HAVE AND TO HOLD the aforesaid tract or parcel of land and all privileges
and appurtenances thereunto belonging to the said Grantee and its successors and
assigns, in fee simple, forever
RECEIVED
DCM WILMINGTON, NC
AUG 0 9 2017

STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
I, V N —9roc ati , a Notary Public, certify that TERRY F TURNER
personally came before me this day and acknowledged that he is the President of
LODER DEVELOPMENT COMPANY, INC., a corporation, and that he, as President,
being authorized to do so, executed the foregoing on behalf of said corporation
Witness my hand and seal, this the .31 day of 414r,2003
My commission expires. 0yo(o(
(SEAL)
U m��.���
Wary Public
wor+.rvwtm*
VH11N
POW
RECEIVED
AUG 2 3 2017
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NO
AUG 0 9 2017

REBECCA T. CHRISTIAN
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
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Filed For Registration:
Book:
Document No
Recorder:
04/02/2003 09:51:55 AM
RE 3719 Page: 154-156
2003018935
DEED 3 PGS $17.00
LIESEL WARD
RECEIVED
AUG 2 3 2017
oGM- MHD CITY
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State of North Carolina, County of New Hanover
The foregoing certificate of V M STRACHAN Notary Is certified to be correct. This 2 ND of April 2003
REBECCA T. CHRISTIAN , REGISTER OF DEEDS
By: `A Jt_4 1 LAG�
Deputy/Assk"W Register of Deeds
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YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2003018935*
RECEIVED
DCM WILMINGTON, NC
AUG 0 9 2017

ROY COOPER
c ,wmor
MICHAEL. S. REGAN
Secretory
Coastal Management
ENVIRONMENTAL QUALITY
August 22, 2017
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notices:
• Loder Landing HOA / NH Co.
• St. James Plantation POA/ BR Co.
Kyle & Heather: Please publish the attached Notice in the Friday, August 25, 2017 issue.
BRAXTON DAVIS
Director
The State Office of Budget & Management requires an original Affidavit of Publication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by
credit card to the attention of Tanya Wright, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Wilmington office.
cc:
Sincerely,
/Shaun�llimps,n
Permitting Support & Customer Assistance
Heather Coats - WiRO
Doug Huggett - MHC
Tyler Crumbley - USACE
Sarah Young- DCM
State of North Carolina I Environmental Quality Coastal Management
127 Cardinal Drive Ext., Wilminluon, NC 28405
910-796-7215

0
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following applications were submitted for development permits in
Areas of Environmental Concern as designated under the CAMA: On August 9, 2017, Loder
Landing HOA proposed to reconfigure an existing docking facility at the end of Loder Ave.,
adjacent to the AIWW in Wilmington, New Hanover County; and on August 18, 2017, St.
James Plantation POA proposed to replace an existing bulkhead off of St. James Drive SE,
adjacent to Polly Gully Creek, in St. James, Brunswick County. Copies of the applications can
be examined or copied at the office of Courtney Spears (Loder), or Brooks Surgan (St. James),
N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,
Wilmington, NC 28405, (910-796-7215) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to September 15, 2017 will be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment by
the public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215

I /i)AZv�e ) vHe — Le-, 1,,j /AJH 4, .
CERTIFIED MAIL -RETURN RECEIPT REQUESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER STATENT MNT
Name of Property Owner: LO&-e-
Address of Property:
(L.ot or Stree , Strefet or Road, City &
Applicant's phone #: b 1 i - 613 - 3 4 Tl S Mailing Address: do 3 LD VY- A
W16Ac&N, NC. -o�840q
(10
I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit
has described to me�sshown -on the attached drawing the development they are proposing- A description of drawing
with dimensions.�ust be provided with this letter.
I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of Coastal Management (Dew
in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Eat
Wilmington, NC 28405-3845. DCM representatives can also be contacted at [phone]. No response is
considered the same as no obiecdon if you have been notified by Certified Mail
WAIVER SECTION
I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift 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.)
;j do wish to waive the 15' set back requirement
A0(; 8 0 2017
I dC� to waive the 15' set back requirement ^�
(Property Owner Information)
Signature
Print or Type Name
X3r1 , 0&r A(re
Mailing Address
W1IVnjo,�Nr., Nc- atC�109
City / State / zip
Print or Type NarggJ
1%63 0twk4k i-,)J.
Mailing Address
w I IVvtr rY�) C 2t$�D�
city / state / zip
Telephone Number GIV-Telephone Number
Date % - a `t - 1 1 Date xk r
127 Cardinal Drive ExL, Wilmington, North Carolina 28405-3845 RECEIVED
Phone: [phone] \ FAX [phone] \ Internet www.nccoasUmanagementnet DCM WILMINGTON, NC
An Equal OppatunqlAftmalWeActimEm*M-sa%#wydea\1o%PtCw=wPaw AUG 28 2017

CERTIFIED MAIL - RETURN RECEIPT REOTTESTED
DIVISION OF COASTAL MANAGEMENT
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
T
Name of Property Owner. LoaeK-
Q�
0
)VC
QLY
Applicant's phone # b t ?- 5 3- 3 z? g MailingAddress: Z 9 Lod P r
Wl1rnlr o,,�, Y(' '0�kS'40
I hereby certify that I own property adjacent to the above referenced property. A�des� �on this
has described to me as shown. on the attached drawing the development they are
with dimerL�n.+s must be Provided with this letter
�I have no objections to this proposal. I have objections to this proposal.
If you have objections to what is being proposed, you must notify the Division of
in writing within 10 days of recut of this notice. Correspondence should be led to 1 Management (De E
Wilmington, NC 28405-3945 pso ��d 1Z7 Cardinal Drive Ext
DCM representatives can also be contacted at (910) 796_7215. No response is
considered the same as no obiecOna if von have been notified by Certifiwt Ms:r
t
WAIVER SECTION
understand that a pier, dock, mooring pilings, bteakwaLer boathouse, or lift must be set back a 15' from my area of riparian access unless waived minimum distance of
appropriate blank below.) °m You wish to waive the setback, you mast initial the
T do wish to waive the 15'set back requirement
Lf�" I do not wish to waive the 15' set bath mquaemardt
(Property Owner Infermaonl
Signapne
FaATit
Print or Type Name
L Lard twfx
�3e1 i cAe,--
Mailing Address
Wtlml-jtsru. �1�. a�t4a9
city, state, zip
Telephone Number_
Date_
RF' w-
AUG $ 0 cJ17
5��- Gam,✓
Pont or Type Name
410 La de4-14 ✓�
Mardmg Address
city i state i zip
Telephone Number GI l C (, 1- r l 13
Date_ L x I
127 Car&W Drive ExL,-WftfftglAn, Nash Carob-e 28405W
Phan: 910-796-72151 FAX: [phone] k*net www.rrxoasumanagrr-otnet RECEIVED
%NEquadOPPWOutyINFcrnaheActimEmployer— maewcW110%pratr,wmnjerpaper DCM WILMINGTON, NC
AUG 2 8 2017

■ Complete items 1, 2, and 3.
s�
■ Print your name and address on the reverse
so that we can return the card to you.
X
■ Attach this card to the back of the mailplece,
or on the front if space permits.
1. Article Addressed to:
D.Is
Lf Lo\dLe Ave
0/
�I`n4l 1NCZ
s
tg
❑ Agent
eliveryaddress different from item 1? U Yea %'
ery address below: ❑ No
mas RECEIVED
? CM WILMINGTON, NC
nlir Inn
3 e'lyPe
❑ PdorftY Mail Express®
III'lllll
IIII
I�IIIIIII
II
II II
IIIII
IIIIIII
El Adult signature
❑Registered Mall""
I I I III
❑ Adult Signature Restricted Delivery
❑ Registered Mall Restricted
D Certified Mall®
Delivery
9590 9402 2934 7094 9799 53
❑ Collecttl Mall Restricted Delivery
❑ McNm Receipt for
p
❑ Collect on Delivery
Merchandise
nisi
2. Article Number (transfer from sefte feW
❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmation*^'
7015 3010 0002 3013 1573
❑ Insured Mali
1(re $S Mil Restated Delivery
❑ Signature Confirmation
Resmcted Dellvery
PS Form 3811, July 2015 PSN 7530-02-000-9
Domestic Return Receipt
■ 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 carts to the back of the mailplece,
or on the front If space permits.
I. Article Addressed to:
1%64 Ncwkf✓k Rd .
tillrifill itiw� NG a?goq
I I I IIIIII IIII III I II � � I I II III II II I II II i�ll� I� III
9590 9403 0325 5155 1878 g0
115 3010 0002 3013 1757
PS Form 3811, April 2015 PSN 7530-02-000-9053
A.
X
B.
C.
❑ Agent
D. Is delivery address different from item 1? ❑ Vies
If YES, enter delivery ggMlli Ufl f3 No
DCM WILMINGTON, NC
AUG 2 8 Z017
3. Service Type
❑ Priority Mall Express®
❑ Adult Signature
❑ Registered MaJITM
❑ Adult Signature Restricted Delivery
❑ Registered Mall Restricted
❑ Certified Mailee
Delivery
❑ Certified Mail Restricted Delivery
❑ Return Receipt for
Cl Collect on Delivery
Merchandise
❑ Collect on Delivery Restricted Delivery
❑ Signature ConfirmationTM
❑ Insured Mail
❑ Signature Confinnation
❑ Insured Mall Restricted Delivery
Restricted Delivery
Domestic Return Receipt
WXFWIVEr
rna

Wilm. Dist. Corps of Engineers
Attn: Tyler Crumbley
Regulatory Branch
69 Darlington Avenue
Wilmington, NC 28403-1343
5

NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: AIW W
Fee: $250 #10426
CDAITS _ MHC cc
Applicant: Loder Landing HOA
Agent/Contractor. Southeastern Coastal Construction Co., Inc. do Stephen Conway
Project Site County: New Hanover dlowt
Staff: Courtney Spears
District: Wilmington
Project Name: Loder Landing Dock Replacement
Rover File: n/a
River Basin: Cape Fear
Initial date of application submittal: 8-9-17 RECEIVED
Date application "received as complete" in the Field office
Dredge & Fill
SITECLEPCRIPTION/PERMIT INFORMATION DCM- MHD CITY
ORW: FYes []NO PNA: WYes ❑No
Photos Taken: Yes NO[]
Setback Required (riparian): []Yes No
Critical Habitat ❑Yes El No Not Sure
15 foot waiver obtai ed: []Yes PNo
Hazard N ' cation Returned:
[]Yes o
SAV: ❑Yes ❑No Not Sure
Shell Bottom: ❑Yes ONO Not
Temporary Impacts: Ryes ❑No
Sure
Sandbags: ❑Yes Nq ❑ Not Sure
Did the land use sification come
Mitigation Required (optional):
from county LUP: Yes ❑No
[]Yes ❑No
Moratorium Conditions:
Environmental essment Done:
Len of�Shoreline:
[]Yes❑No NA
❑Yes ❑No NA
U FT
Shellfish AreaDesignation:
Project Description: (code)
Development Area: (code)
pe -or- Closed
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
❑ Nutrient Sensitive Waters (NSW) =
❑ Swamp Waters (SW)
❑ High Quality Waters (HQW)
❑ Outstanding Resource Waters (ORW)
WETLANDSIMPACTED
❑ (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
❑ (SS) Glasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
❑ (SA) Salt marsh cordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemifiora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
_1 (TY) Cattail (Typha sp.)
spiceta)
sp.)
El (JR) Black needlerush (Juncos
❑ (SP) Salttmeadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
No fee required - $0.00
❑ III(A) Private w/ D&F up to 1 acre; 3490
III(D) Priv. public or Comm w/ D&F to 1
can be applied - $250
acre; 3490 can't be applied - $400
Lj Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
X IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
❑ III(B) Public or commercial w/ D&F to 1
❑ Express Permit - $2000
acre; 3490 can be applied - $400
❑ Major development extension request -
❑ 11. Public or commercial/no dredge
$1 0
and/or fill - $400
1. Private no dredge and/or fill - $250
Ej III(C) Priv. public or comm w /D&F to 1
acre; 3490 can be applied; DCM needs
DWQ agreement - $400

Loder Landing HOA
Date: 8-9-17
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of
measurement found in your Activities code sheet.
TYPE
REPLACE
Activity Name
Number
Choose
Choose
Dimension 1
Dimension 2
Dimension 3
Dimension 4
One
One
New Work
Replace
{Vlt
—1F
Maint ❑
JOY ❑ N
PMaint
New Work
Replace
3
Z
❑
Y❑ N
1
New Work Lt
eplace
G%
Maint ❑
Y ❑ N
2
New Work CR
Replace
JAY
2
Maint
❑ N
New Work
Aeplam
f
I Z
Z
Maint ❑
Y[IN
New Work
Replace
Maint
It Y ❑ N
g
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New WoM
Replace
Maint ❑
❑ Y ❑ N
_ -
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft
FINAL Sq. Ft
TOTAL Feet
FINAL Feet
(Applied for.
(Anticipated final
(Applied for.
(Anticipated final
DISTURB TYPE
Disturbance total
disturbance.
Disturbance
disturbance.
Habitat Name
Choose One
includes any
Excludes any
total includes
Excludes any
anticipated
restoration
any anticipated
restoration and/or
restoration or
and/or temp
restoration or
temp impact
tempimpacts)
impact amount
tem im acts
amount
V V
Dredge ❑ Fill ❑ Both ❑ Other
Z
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919-733-2293 :: 1-888-4RCOAST :: www.nccoastaimanagement.net revised: 10/12/06

MAJOR PERMIT FEE SCHEDULE
Development Type
Fee
DCM %
DWR %
14300160143510009316256253
2430016024351000962341
I. Private, noncommercial development that
does not involve the filling or excavation of
any wetlands or open water areas:
$250
100%
$250
0%
$0
II. Public or commercial development that
does not involve the filling or excavation of
any wetlands or open water areas:
$400
100%
$400
0%
$0
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,
r D below applies:
II I(A). Private, non-commercial development,
9
if General Water Quality Certification No. 4097
See attached can be applied:
$250
100%
$250
0%
$0
III(B). Public or commercial development, if
General Water Quality Certification No. 4097
See attached can be applied:
$400
100%
$400
0%
$0
III(C). If General Water Quality Certification
No. 4097 (see attached) could be applied, but
DCM staff determined that additional review and
written DWR concurrence is needed because of
concerns related to water quality or aquatic life:
$400
1 60%
$240
40%
$160
III(D). If General Water Quality Certification
No. 4097 see attached cannot be applied:
$400
60%
$240
40%
$160
IV. Development that involves the filling and/or
excavation of more than one acre of wetlands
,and/or open water areas:
$475
60%
$285
40%
$190
RPOEIVE
AUG 2 3 2011
DCM- MHD CITY

0
Date
Date
Check From
Name of Permit
Vendor
Check
Check
Permit Number
NOTES
Received
Deposited
(Name)
Holder
Number
amount
8/10/2017
Southeastern
Loder Landing HOA
South
10426
$250.00
major fee, 237 Loder Ave.
CS ret.
Coastal
State
Wilm NHCo no split
4755D
Construction Co.
►M
W
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N
LJJ
CII
LJJ
Er
Q
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U

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
RECEIVED
1) APPLICANT: Loder Landing HOA
COUNTY: New Hanover
AUG 2 3 2017
PROJECT NAME: Loder Landing Docking Facility - M fi ® CITY
LOCATION OF PROJECT: end of Loder Ave., adjacent to the AlW and Myrtle Grove Sound, in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-9-17
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: Courtney Spears y
DISTRICT MANAGER REVIEW: c% A'
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 8-24-17
ADJ. RIP. PROP NOTICES REC'D:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE:
MAIL OUT DATE: 8-21-17
FEDERAL DUE DATE:
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: W LEMINGTON
FEE REC'D: $250 #10426
END OF NOTICE DATE: 9-14-17
DEED REC'D:
ON: 2
150 DAY DEADLINE:
STATE DUE DATE: 9-14-17
FED COMMENTS REC'D:
PERMIT FINAL ACTION: ISSUE DENY DRAFT ON
AGENCY
DATE
COMMENT
RETURNED
OBJECTION
KA
NOTES
4�
Division of Community Assistance
Division of Coastal Management-LUP Consistency
Public Water Section (DWR)
Land Quality Section (DEMLR)
Division of Water Resources - 401 Section
Storm Water Management (DEMLR)
State Property Office
Division of Archives & History
Division of Marine Fisheries - Shellfish Section
Division of Highways (NCDOT)
Wildlife Resources Commission
Local Permit Officer
Dept. of Cultural Res / Underwater Archaeology
Division of Marine Fisheries - DCM
Corps of Engineers - Regulatory Branch

Coastal Management
ENVIRONMENTAL QUALITY
August 22, 2017
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
ROY COOPER
Governor
MICHAEL. S. REGAN
Secretory
BRAXTON DAVIS
Dimcror
RECEIVED
AUG 2 3 2017
Wilmington, North Carolina28402 DCM- MHD CITY
Re: Major Pubic Notices:
• Loder Landing HOA / NH Co.
• St. James Plantation POA/ BR Co.
Kyle &Heather: Please publish the attached Notice in the Thu rs ay, 4tbfirb ue.
The State Office of Budget & Management requires an on al vi u lication prior to
payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of
Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by
credit card to the attention of Tanya Wright, (Ref acct # 796-7215).
Please email a copy of the credit card receipt to me.
Thank you for your assistance in this matter. If you should have any questions, please contact me
at our Wilmington office.
cc:
Sincerely,
/
Shaun K. Simpson
Permitting Support & Customer Assistance
Heather Coats - WiRO
Doug Huggett - MHC
Tyler Crumbley - USACE
Sarah Young- DCM
Sure of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext, Wilmington, NC 29405
910-796-7215

NOTICE OF FILING OF RECEIVED
APPLICATION FOR CAMA MAJOR AUG 2 3 2017
DEVELOPMENT PERMIT
DCM- MHD CITY
The Department of Environmental Quality hereby gives public notice as required by
NCGS 113A-119(b) that the following applications were submitted for development permits in
Areas of Environmental Concern as designated under the CAMA: On August 9, 2017, Loder
Landing HOA proposed to reconfigure an existing docking facility at the end of Loder Ave.,
adjacent to the AIWW in Wilmington, New Hanover County, and on August 18, 2017, St.
James Plantation POA proposed to replace an existing bulkhead off of St. James Drive SE,
adjacent to Polly Gully Creek, in St. James, Brunswick County. Copies of the applications can
be examined or copied at the office of Courtney Spears (Loder), or Brooks Surgan (St. James),
N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,
Wilmington, NC 28405, (910-796-7215) during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400
Commerce Avenue, Morehead City, NC 28557-3421, prior to Ve
Dwill be
considered in making the permit decision. Later comments will be accepted and considered up
to the time of permit decision. Project modification may occur based on review and comment by
the public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
State of North Carolina I Eaviroomental Quality I Coutal Management
127 Cardinal Drive FA., Wilmington, NC 29405
910-796-7215

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