HomeMy WebLinkAbout43-18 Myatt, CraigPermit Cla3f
NEW
Permit Number
43-18
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,Permit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to Craig Myatt, 902 Bayshore Dr., Wilmington, NC 28411
Authorizing development in New Hanover County at adjacent to Pages Creek, at 902 Bayshore
Dr., Wilmington , as requested in the permittee's application dated 2/21/18, including
attached workplan drawings (2), Sheet 1 of 2 dated "Revised" 2/12/18 and Sheet 2 of 2 dated 2/12/18.
This permit, issued on May 11, 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.
Docldng Facility
1) This permit authorizes only the 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 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) 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.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 31, 2021
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources C/o'mmission.
ivcLBraxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
Craig MyRt ,
ADDITIONAL CONDITIONS
Permit No. 43-18
Page 2 of 2
3) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
4) This permit authorizes a maximum of 3 formalized boat slips.
5) 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.
6) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A: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.
7) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts
of the structure and the adjacent property owner's riparian access corridor.
General
8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third parry without the
written approval of the Division of Coastal Management.
9) 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.
10) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Nationwide Permit
197800056 (Action ID SAW-2018-00652) issued 4/12/18.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4144 and assigned the project DWR Project No. 2018-0387.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215prior 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: An application processing fee of $250 was received by DCM for this project.
DCM Coordinator._ �OD�` \ N—�_ Permit #• 7 J 0'
/Agents: Ce
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington'
US ACOE Offices:
- MAH.ING DISTRIEBMON
(with revised work plan drawings)
Washington: Raleigh Bland (Beaufort, Camden, Chowan, Graven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Peletier (Bertie, Currituck, Dare, Gates; Pamlico, Pasquotank, Washington)
Tom Steffan (NC DOT- Beaufort; Carteret, Craven, Pamlico.)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Tyler Crumbley (Brunswick, New Hanover
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley
.Public Water Supply: ✓ Heidi Cox (WIRO
Marine Fisheries: Shane Staples
Curt Waychert
NC DOT: / David Harris
Shellfish Sanitation: Shannon Jenkins
State Property: / Tim Walton
DEMLR/DWR: Karen Higgins
Kristy Lynn Carpenter (NC DOT -All Projects)
Washington: Anthony Scarbraugh401
Roger Thorpe-Stormwater
Garcy Ward- (NC)OT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Robb Mairs — 401(Carteret, Onslow, Pender, New Hanover),?
Chad Coburn —401 (Brunswick)
Georgette Scott - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn(WARO)
v/ LPO: Clads '•� ► 42 ffgno� Cou14�
Fax Distribution: Permittee #: Agent* '
Coastal Management
ENVIRONMENTAL QUALITY
Craig Myatt
902 Bayshore Dr.
Wilmington, NC 28411
Dear Sir or Madam:
May 11, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act,
and where applicable, the State Dredge and Fill Law, for you to proceed with your project
proposal. The original (buff -colored form) is retained by you and it must be available on site
when the project is inspected for compliance. Please sign both the original and the copy and
return the copy to this office in the enclosed envelope. Signing the permit and proceeding
means you have waived your right of appeal described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant
to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with
NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your
permit. You should also be aware that another qualified party may submit an objection to the
issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise,
all work must be carried out in accordance with your application. Modifications, time extensions,
and future maintenance requires additional approval. Please read your permit carefully prior to
starting work and review all project plans, as approved. If you are having the work done by a
contractor, it would be to your benefit to be sure that he fully understands all permit
requirements.
From time to time, Department personnel will visit the project site. To facilitate this
review, we request that you complete and mail the enclosed Notice Card just prior to work
initiation. However, if questions arise concerning permit conditions, environmental safeguards,
or problem areas, you may contact Department personnel at any time for assistance. By
working in accordance with the permit, you will be helping to protect our vitally important coastal
resources.
Sincerely,
Douglas V. Huggett
Major Permits Manager
N.C. Division of Coastal Management
Enclosure
State of North Carona I Envlronmemal QualRy I Coastal Management
Morehead Chy Office 1 400 Commerce Avenue I Morehead Qty, NC 28557
252 8082808
UCM MP4
APPLICATION for
C;
Major oeuelopmentPermit im
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name Project Name (if applicable)
AAp''p�licant 1: Fast Name MI Last Name
I 1 .
Applicant 2: t Name - MI Last Na
If additional applicants, please attach an additional page(s) with names listed. -
PO Box City State
Mailing Address / A 1 /r`
Aipo1 tlrnl�► .FjNo IV �.+
Ore � FAX No.
ZIP b� Country Phone No.
ext.
City Slate ZIP
Street Address (if different from above) ,
Email
DCM WILMINGTON, NC
<Form continues on back> IVIHD CITY
DCM- MAR ®E 2018
Form [9CM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
Slate Rd. #
NY'V"
a
Subdivision Name
CVY If
/''' ++ 1 �
YVI Min Trees
State
��,�
Zip
Z''
Phone No.
Lot No. s) (if many, attach additional page with list)
9 0 - a (01 �Y7 ext.
,
a. In which NC river basin is the project located? -
b. Name of body, of water nearest to proposed project
c. Is the wat r body identified in (b) above, natural or manmade?
d. Name fhe closest major water body to the proposed project site. .
KNalural ❑Manmade ❑Unknown
G w
e. Is proposed work within city limits or planning jurisdiction?
I. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes (KJo -
work falls within.
-
4. Site Description
a. Totallength shtoreeline on the tract (h.)
b. Size of entire tract (sq.ft.)
c. Size of individual lolls) -
L
d. Approximate elevalion of ijact above N (normal highwater) or
NIL level)
r
(normal water
❑NWL
(if many lot sizes, please allot ddional,page with a list)
40 �fe PHW or
e. Vegetation on tract
a
I. Man-made features A uses now on tract
g. Identify and describe the existing land uses adjacent to the proposed project site.
r �
h. How does local government zone the tract?
i. is the proposed project consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable),
( q'
t
es []No❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes KNO
k. Has a professional archaeological assessment been done for the tract? If 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 a ❑Yes ❑No NA
National Register listed or eligible property? RECEIVED Ri:ppwrg,
DCM WILMINGTON, NC
<Form continues on next page> MAR 14 2018 MAR 0 6 2018
DCM- MHD CITY
Form OCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site?
Aas []No
(i) Are there coastal wetlands on the site?
*es []No
(iii) If yes to either (i) or (ii) above, has a delineation been conducted?
❑Yes if
(Attach documentation, if available)
-No
n. Describe existing wastewater treatment facilities.
CFPLA,4
o. Describe existing rink* r supply source.
to
f
existing storm water management or treatment systems.
p. Descdbe`
(A
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ❑Pub0clGovernment
` N
❑Private/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the. number of each type.
of equipment and here it is to be stored. -
�hS�kl o- Ftraw.� I�iw
; �.�o
Co►iSd-�LLL�- locf�-t'�>,r
a- F� oa S ;� ► ns al� j3o.
L� � ph ►fie �d'i ,,
e.P r
d. List all velopment activities you propose.
Cor s�'Acu� - di t-y-,
3:vis4cA
e. Are the proposed activities maintenance of an existing project, new work, or both?
A
I. What is the approximate total disturbed land area resulting from the proposed project?
q.Fl or ❑Acres
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
/
(A i M�r�..Q. f KJA 4
I. Will wastewater or stormwaler be discharged into a wetland?
Oyes kto ❑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?
,Q s A
If yes, attach a mitigation proposal.
V,Q
t t
DCM WILMINGTON, NC
<Form continues on backs MAR 14 2018
MAR 06 2018
DCM- MHD CITY
Form DCM MP-1 (Page 4 of 4) APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed application for, (MP-1) the following items below, if applicable, must be submitted in order for the application
package to be complete. Items (a) — (n are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management. �f
Name b 1?1x. Phone
Address ore
Name \ CLI S if Phone No. �' ® _ 61kno-
V.A400r%S kij /V.0 L
Address
NII
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include peril numbers, permittee, and issuing dales.
h. Signed consultant or agent authorization form, it applicable.
i. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k.. A statement of compliance with the N.C. Environmental Policy Acl (N.C.G.S. 113A 1.10). if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7- Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the
The project will be subject to the conditions and restrictions contained in the permit.
in the
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitorina of the project.
I further certify that the information provided in this application is
Date T hh? Print Name
Signature
Please indicate application attachments pertaining to your
❑DCM MP-2 Excavation and Fill Information
❑DCM MP-3 Upland Development
❑DCM MP4 Structures Information
the bgst of my knowledge.
❑DCM MP-5 Bridges and Culverts
RECEIVED
RECEIVED
MAR 14 20% DCM WILMINGTON, NC
MAR 0 6 2018
DCM- MHD CITY
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (i) Is the docking facility/marina:
❑Commercial ❑PublictGovemment &rivate/Community
❑This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes IANo
c. (i) Dock(s) andfor piers)
d.
(i) Are Finger Piers included? ❑Yes *0
(if) Number
If yes:
(iii) Length
-
(ii) Number
(iv) Width
(iii) Length
(v) Floating ❑Yes ONO
(iv) Width
(v) Floating ❑Yes ONO
e. (i) Are Platftro�rms ind�ufped? [Yes
�±�
ONO F104�tr w'►�.. f.
0
(i) Are Boallifts included? Ayes ONO
If yes: r )t X e `\
ji
If yes:
(ii) Number I
1
. (ii) Number
(iii) Length16
�,,.� -
(iii) Length
(iv) Width.
G
(iv) Width.
(v) Floating Ryes ONO
-
Note: Rooted areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
h.
Check all the types of services to be provided.
❑ Full service, including travel lift and/or rail, repair or
(ii) Number of slips existing
y�
maintenance service
❑Dockage. fuel, and marine SuPPIIes
kOockage (-wet slips) only, number of slips:
Dry storage: number of boats: A—
❑ Boat ramp(s); number of boat ramps:
❑ Other, please describe:
i. Check the proposed type of siting:
❑ Land cut and access channel
❑Open water; dredging for basin and/or channel
Open water; no dredging required
❑Other; please describe:
11*11 k. Typical boat length: f ->
m. (i) Will the facility have tie pilings?
Oyes XINo
(ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Et 1111 OL6 0 04�+
I. Ill Will the fa & be open to the general public?
❑Yes PNo
RECEIVED RECEIVED
MAR 14 2018 DCM WILMINGTON, NC
MAR 0 6 2018
OGM MHD C'TY
Form DG'N' N111-4 (S:r__w as, Pa_ 2 of 4':
Z DOCKING FACILITY/MARINA OPERATIONS lr(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.
C. Describe the disposal of solid waste, fish offal and trash.
d. How will overboard dischargeofsewage from boats be controlled?
e. (i) Give the location and number of 'No Sewage Discharge' signs proposed.
(ii) Give the locationand number of-Pumpoul 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 of?
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.
I. What will be the marina policy on overnight and live -aboard dockage?
k. Describe design measures that promote boat basin flushing?
1. If this project is an expansion of an existing marina, what types of services are currently provided?
RECEIVED "l—E..
DC M WILMINGTON, NC
MAR 14 2018 MAR 0 6 2018
HD CITY
J
co r,r"' 1_it.'i10 4"'IP-4 (Structures' Paue 3 of 4)
m. Is the marina/docking facility proposed within a primary or secondary nursery area?
❑Yes ❑No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area?
❑Yes ❑No
o. Is the marinaidocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(SS), 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 marinaldocking facility located within or within close proximity to any shellfish leases? [_]Yes ❑No
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
13. BOATHOUSE (including covered lifts) QJThis section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑PublictGQvemmenl ❑PrivatelCommunily
(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.) 'This section not applicable
a. (i) Number... .. .. .. .
(ii) Length
(iii) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) jiVIlis section not applicable
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW; NW L. or wetlands
6. MOORING PILINGS and BUOYS phis section not applicable
a. Is the structure(s):
❑Commercial ❑PublictGovemment ❑Private/Community
C. Distance to be placed beyond shoreline _
Nole: This should be measured from marsh edge, if present.
b. Number _
d. Description of buoy (color, Inscfiption, size, anchor, etc.)
e. Arc of the swing RF _1 V GD
RECEIVED
MAR 14 2018 DCM WILMINGTON, NC
MAR 0 6 201E
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity, of structure(s) to adjacent docking facilities.
�7V . fr, I>�xs+- Of enik
Note: For buoy or moodng piling, use arc of swing including length
of vesseL -
c. Width of water body
.170
e. (I) Will navi alional aids be required as a result of the project?
❑Yes No ❑NA
(it) If yes, explain what type and how they will be implemented.
d. Water depth at waterward end of structure at NLW or NWL
18. OTHER ❑This section not applicable
a. Give complete description:
Date
Project Name
RECEIVED
MAR 14 2018 RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY MAR 0 6 2018
C7
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RECEIVED
MAR 14 2018
RECEIVED
DCM- MHD CITY DCM WILMINGTON, NC�,
MAR 0 6 2W N
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Craig Myatt COUNTY: New Hanover
PROJECT NAME: Myatt Private Docking Faciffh'
LOCATION OF PROJECT: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 3-6-18 ✓.4
FIELD RECOMMENDATION: Attached: Yes
CONSISTENCY DETERMINATION: Attached: No
FIELD REPRESENTATIVE: CourtneySpears
DISTRICT MANAGER REVIEW: z- . 7�
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE REC'D: 3-15-18 sgRD
ADJ. RIP. PROP NOTICES REC'D: �4qi�
APPLICATION ASSIGNED TO: * Mvv
C) 75 DAY DEADLINE: ✓
MAIL OUT DATE: 3-19-18
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY
To Be Forwarded: n/a
To Be Forwarded: n/a
RECEIVED
MAR 14 2018
DCA(1- MHD CITY
DISTRICT OFFICE: WLLMINGTON
FEE REC'D: $250 #10676
END OF NOTICE DATE: 4-5-18 ✓ ✓
DEED REC'D:
ON: 3/M/M _ y&A
150 DAY DEADLINE:
STATE DUE DATE: 4-5-18
FED COMMENTS REC'D:
DRAFT ON
AGENCY
!yz reC'' 6(yr''t'
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Division of Community Assistance
3J1C1IIQ
Division of Coastal Management-LUP Consistency
S/7 &
7c
Public Water Section (DWR)
Land Quality Section (DEMLR)
Division of Water Resources - 401 Section
'to 1 f(,-03 C-7
Storm Water Management (DEMLR)
State Property Office
Division of Archives & History
J* 2& AI �(
/
Division of Marine Fisheries - Shellfish Section
Division of Highways (NCDOT)
4/1
Wildlife Resources Commission
`-1 Sr �(g
Local Permit Officer Cog
LO t 8
✓
Dept. of Cultural Res / Underwater Archaeology
Division of Marine Fisheries - DCM
Corps of Engineers - Regulatory Branch
A/ y
41tt/t
Recommendations for State Permit — Craig Myatt c/o Stephen Conway 3/9/2018
The total area of platform, gazebo and floating dock were calculated as follows:
Shoreline length =122' x 8 ft2 = 976 ft2 allowable.
Proposed fixed pier = not calculated due to alignment and dimensions
Proposed platform = 12' x 16' = 192 ft2
Proposed float = 28' x 6' = 168 ft2
TOTAL = 360 ft2
The proposed facility would incorporate approximately 660 ft2 of Public Trust Area and Estuarine
Waters and shade approximately 180 ft2 of Coastal Wetlands. 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'/4 width rule and the pier width rule. 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
MAR 14 2018
DCM- MHD CITY
Coastal Management
ENVIRONMENTAL QUALITY
March 12, 2018
TO: Mark Zeigler
Division of Community Assistance
Wilmington Regional Office
ROY COOPER
Uuven,r„
MICHAEL S. REGAN
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsanncdenrpov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct anew private 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 April 5, 2018. 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: 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 Yr' �' �' L,/ DATED {( 7 / /5
Received
MAR 19 2018
State of North Carolina I P.nvironmenmi Quality I Coastal Management DCM
127 Cardinal Drive Ext., Wilminyrton, NC 28405
910-796-7215
Coastal Management
ENVIRONMENTAL OUALITV
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
0
March 12, 2018 RAR
Dive i MAR 13 U201 (S
Heidi Cox
Of
TO: Regional Engineering
ngter WiRO i eerin Supervisor WiRD P4bi/ WW es�ce9
Public PPh-
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(oncdenraov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct a new private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
rcturr this form to Heather Coats at the address above by April 5, 2018. 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.
X **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.
SIGNE6 L eft _ IUX- DATED /U
r,
Stele of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wlmin64o ,, NC 28405
910-796-7215
M.
Coastal Management
ENVIRONMENTAL QUALITY
March 12, 2018
TO:
Dan Sams
District Manager-DEMLR
Wilmington Regional Office
ROY COOPER
Oov...„r
MICHAEL S. REGAN
secular,
BRAXTON DAVIS
Director
rA
#MAR �r�t
3 2ajd
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(ai7ncdenrgov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct a new private 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 April 5, 2018. 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 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.
DATED 3 _ a1 �)-b c
Received
MAR 2 8 2018
DCM
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
ga l� -63P
Coastal Management
ENVIRONMENTAL QUALITY
March 12, 2018
TO:
Chad Coburn
401 Wetlands
DWR-WiRO
ROY COOPER
Gowmar
MICHAEL S. REGAN
Secrelary
BRAXTON DAVIS
Dv dor
RECEIVED
MAR 13 2018
NCDEO
WILMINGTON RO
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsa()ncdenroov
Fax: 395-3964 idourie_r041ti-33j,
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct anew private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
esturn this fforera to Heather Coats at the address above by April 5, 2018. 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:
ytevezl n / x� c� c4_ 6G,//YY
i/ This agency has. no objection to theect 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
RECEIVED
State of Ncnb Cmollna I Envisonmentnl Quality I CoasW Mm agement
127 CmduW Dnve Ent, Wilmington, NC 28405
910-796-7215 DCM WILMINGTON, NC
Coastal Management
ENVIRONMENTAL QUALITY
March
FrK
2018
SUBJECT:
Applicant:
ROY COOPER
Governor
MICHAE.L S. REGAN
BRAXTON DAVIS
D,rrnor
RECEIVED
Georgette Scott MAR 13 2018
Stormwater Section NCDEG
DEMLR - WiRO WILMINGTON RO
�l
Heather Coats, Assistant Major Permits Coordinator
NCDEQ -Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heatheccoatsanncdenr.gov
Fax: 395-3964 (Courier 04-16-33)
Project Location:
Proposed Project:
CAMA Application Review
Craig Myatt
902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
to construct a new private 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 April 5, 2018. 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 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
RECEIVED
DCM WILMINGTON, NC
W/
Stale ofNonh Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
e
Coastal Management
ENVIRONMENTAL QUALITY
March 12, 2018
TO:
Tim Walton
Dept of Administration
State Property Office
RECEIVED
MAR 14 2018
DOA
STATE PROPERTY
OFFICE
ROY COOPER
Govcrnur
MICHAEL S. RE,GAN
BRAXTON DAVIS
Dov, ,
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coats(o).ncdenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr, adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct a new private 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 April 5, 2018. 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 agency has no comment on the proposed project.
SIGNED
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.
DATED
RECEIVED
DCM WILMINGTON, NC
MAR 2 6 1018
State of North Carolina I Enviroamenial Qualily I Coastal Management
127 Cardinal Drrve Ext., Wilmington, NC 28405
910-796-7215
6��
rw
Received: 04/02/2018
State Historic Preservation Office ROY COOPER
<��
MICHAEL S. REGAN
CoastarManagement BRAXTON DAVIS
ENVIRONMENTAL OVAUTV lhR2fY
ER 18-0642
March 12, 2018
TO Renee Gledhill -Early Due -- 4/10/18 j
Dept Guttural Resources ��
Archives &History U
A- N
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heathercoats&ncdenr.00v
Fax. 395-3964 (CWMtar "f6-33)
SUBJECT. CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct anew private docking facility
®e indicate belOwyour a's position or viewpoint on the proposed project and
t the address above by April S, 2018. 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 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 4la�ie I Ii'
CI
RECEIV�3
0 3 1018
SUw m North (&M" hnwon W (Nwny i coYW MmwI 2 O i C I C
12'(r,.W U." Fit_ Wihm pNC'2LW5
9W9672)1
DCM WILMINGTON, NC
Coastal Management
ENVIRONMENTAL QUALITY
March 12, 2018
03
Shannon Jenkins
NC DMF
Shellfish Sanitation Section
ROY COOPER
Gurernur
MICHAEL S. RECAN
&c,,,, p
BRAXTON DAVIS
OtrecMr
RECEIVED
MAR 2 2 2018
DCM- MHD CITY
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDncdenrpov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct a new private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Heather Coats of the address above by April 5, 2018. 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 agency has no comment on the proposed project.
ti
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.
ro/ atiay
SIGNED AG C NL^ DATED /
Slate of North Carolina I Enooronmealal Quality I Coastal Management
127 Cardinal Drive Ext., Wflminlaoo, NC 28405
910-796-7215
Coastal Management
ENVIRONMENTAL QUALITY
March 12, 2018
TO:
David Harris
NC DOT
Roadside Environmental Unit
lev
ROY COOPER
Unrrmnr
MICHAEL S. REGAN
BRAXTON DAVIS
RECEIVED
APR 0 5 2018
NC DOT
DISTRICT 3
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatscDocclenroov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct anew private docking facility
Please- indicate below your agency's position or viewpoint on the proposed project and
return ff.-Is form to Heather Coats at the address above by April 5, 2018. 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 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 �lv DATED OYh�C-%j P
RECEIVED
DCM WILMINGTON, NC
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Dow Ext., Wilmington, NC 28405
910-796-7215
Coastal Management
ENVIRONMENTAL QUALITY
March 12, 2018
TO:
c.Ig.o3.12 o2
Maria Dunn
NC Wildlife Resources Commission
For WiRO
ROY COOPER
Go...,
MICHAEL S. REGAN
Secrolory
BRAXTON DAVIS
Director
FROM: Heather Coats, Assistant Major Permits Coordinator `4qs ,
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather.coatsa)ncdenrao
"wv
Fax: 395-3964 O ` ,- .
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct a new private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
mmm�at the address above by April 5, 2018. 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**
t/ 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 �••.d `� DATED -3'al R
RECEIVED
APR 052L',�
Stale of North CmoRml I Pnvirma re tal Qualky I Cowilol Mmwgemrnt
127 Cardinal Drive Ext., Wilmington, NC 28405
010796-7215 DCM WILMINGTON, NC
IFA
ROY COOPER
Gawmor
wo.
MICHAEL S. REGAN
ea ry
Coastal Management BRAXTON DAVIS
eWIRONME AI OUALIW Db r
March 12, 2018 E' c !
TO: Christine Boufford MAP 1 6 2018
Local Permit Officer
County of New Hanover NEW HANOVE;: ; , ,,A ry
I PLANNING $ 7_Of4tNG
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather coats(')ncdenrgov
Fax: 395-3964 (Courier 04-16-33)
SUBJECT: CAMA Application Review
Applicant: Craig Myatt
Project location: 902 Bayshore Dr, adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct anew private docking facility
Please indicate below your agency's position or viewpoint on the proposed project and
cc,'am tf:rs form to Hoather Coats at the address above by April 5, 2018. 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 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 A //_ DATED
RECEIVED
MAR 2 0�0'''
SYatc of NMh Caolilu I E`onrmm®I&I Quality Cowl Mee�•cmmit
127 C..E.M Dn� lax[ , Wilmmm , NC 2"05
e10-+967215 DCM WILMINGTON, NC
Coastal Management
ENVIRONMENTAL OUALITY
March 12, 2018
TO:
Curt Weychert
Fisheries Resource Specialist
MHC-DCM
ROY COOPER
Governor
MICHAEL S. REGAN
3kxvmwy
BRAXTON DAVIS
Di'vo,
FROM: Heather Coats, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
127 Cardinal Drive Ext., Wilm., NC 28405 heather. coatsCa ncdenrgov
Fax: 395-3964 (Courler04-16.33)
SUBJECT: CAMA Application Review
Applicant:
Project Location: 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington,
New Hanover County
Proposed Project: to construct a new private docking facility
°lease indicate below your agency's position or viewpoint on the proposed project and
I I'll
LclL F, f ds 2t`t t to llre at the address above by April 5, 2018. 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 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 "A�
DATED J D 1 b
RECEIVED
RECEIVED
k"qv 2 12018 MAR 14 2018
State ofNarih Carolina I Environmental QralnowirrLi t��+Tt,N, NV., H� CITY
127 Cardinal Dme Uxt., Wilmington, NC 28405 C M— M
9I0-796M15
DEPARTMENT OF THE ARMY
WILMINGTON DISTRICT, CORPS OF ENGINEERS
69 DARLINGTON AVENUE
WILMINGTON, NORTH CAROLINA 28403.1343
April 12, 2018
Regulatory, Division
Action ID No. SAW-2018-00652, General Permit No. 197800056
Mr. Craig Myatt
902 Bayshore Drive
Wilmington, North Carolina 28411
Dear Mr. Myatt:
Tbrough coordination with the North Carolina Division of Coastal Management, we have learned of
your request to construct a new private docking facility at 902 Bayshore Drive, in the Bayshore Estates
subdivision, adjacent to Pages Creek, in Wilmington, New Hanover County, North Carolina. Coordinates
are: 34.28108 N,-77.79412 W.
On January 1, 2017, we renewed General (Regional) Permit No. 197800056, (copy enclosed), that
authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat
shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States
in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. General
Permit No. 197800056 expires December 31, 2021.
Your work is authorized provided it is accomplished in strict accordance with your submitted plans,
the enclosed general and special conditions.
Please read the enclosed permit to prevent an unintentional violation of Federal law. As this
Department of the Army regional general permit does not relieve you of the responsibility to obtain any
other required approvals, you should contact appropriate State and local agetcies before beginning work.
Thank you for your time and cooperation. If you have questions, please contact Mr. Tyler
Crumbley, of the Wilmington Regulatory Field Office, telephone: (910) 251-4170.
Sincere]
Tyler Crumbley, Iect Manager
Wilmington Regulatory Field Office
Enclosures:
Plans
GP56 conditions
Received
APR 1.6 201e
DCM
-2-
Copy Furnished (w/enclosures):
Southeastern Coastal Construction Company
Attn: Mr. Stephen B. Conway
6252 Towles Road
Wilmington, North Carolina 28409
e-Copies Furnished (w/o enclosures):
Mr. Doug Huggett - NCDEQ/DCM
Mr. Chad Coburn - NCDEQ/DWR
Ms. Karen Higgins - NCDEQ/D WR
Ms. Heather Coats —NCDEQ/DCM
Ms. Courtney Spears-NCDEQ/DCM
MEMORANDUM
To: Gregg Bodner
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, —Craig Myatt,
New Hanover County
Date: May 7, 2018
This project is consistent and not in conflict with the 2016 New Hanover County '
Comprehensive Land Use'Plan Update.
The applicant is proposing to construct a new docking facility within Pages Creek. The
project is located at 902 Bayshore Drive in New Hanover County.
Areas of Environmental Concern (AEC's) impacted by the proposal are PT and EW.
Waters at the project site are classified as SA-ORW and are open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2016 New Hanover County
Comprehensive Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, New Hanover County allows development in Conservation classified AECs,
which is consistent with the State's minimum use standards. The 2016 New Hanover
County Comprehensive 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.
Cc: File
MAY 7 2018
MP SECTION MH®
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
I. APPLICANT'S NAME: Craig Myatt c/o Stephen Conway
2. LOCATION OF PROJECT SITE: 902 Bayshore Drive, adjacent to Pages Creek, near Wilmington, in
New Hanover County.
Photo Index - 2006: 23-7395, J-K 7 Latitude: 34016'52.82"N Longitude: 77147'02.92"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —3/9/18
Was Applicant Present— No
5. PROCESSING PROCEDURE: Application Received — 3/6/18 (complete)
Office — Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan — City of Wilmington/New Hanover County
Land Classification From LUP - Conservation
(B) AEC(s) Involved: EW, PT
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — Municipal Sewer
Planned - N/A
(F) Type of Structures: Existing — Single family residence, dilapidated shore parallel walkway
Planned — new private existing docking facility
(G) Estimated Annual Rate of Erosion: N/A Source — N/A
7. HABITAT DESCRIPTION:
Q
[AREA]
nRPDC'Fn FII I Fn nTHFR
(A) Vegetated Wetlands (Low Marsh)
180 ft2
shaded
(B) Non -Vegetated Wetlands
660 ft2
(Open water
(C) Other(Highground)
—(incorporated)
(D) Total Area Disturbed: 660 ft2 (0.02 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA Open: No
PROJECT SUMMARY: The applicant proposes to construct a new docking facility in Pages Creek.
RECEIVED
MAR 14 2018
DCM- MHD CITY
Craig Myatt c/o Stephen Conway
Page 2
9. PROJECT DESCRIPTION:
The project site is located at 902 Bayshore Drive, adjacent to Pages Creek, Middle Sound, in New
Hanover County. To locate the property from the Wilmington Regional Office (WiRO) turn right onto
Market Street (NC Highway17) and travel north approximately 3 miles until you reach the entrance to
Bayshore Estates Subdivision, which will be located on the right. Turn right and travel east on Bayshore
Drive for approximately 0.75 miles until Bayshore Drive turns to the left. Continue to head northeast onto
Bayshore Drive approximately 1.2 miles until you reach the property of interest, which will be located on
the right.
The existing highground development includes a single-family residence, which borders Pages Creek.
Upland vegetation consists of ornamental shrubbery, lawn grass and hardwood species such as Live
Oak (Quercus virginiana). The lot is approximately 0.5 acres in size and averages approximately 6' to 8'
above normal high water (NHW). The approximately 122' of shoreline frontage is stabilized by Coastal
Wetlands averaging approximately 30' in width consisting primarily of Smooth Cordgrass (Spartina
alterniflora). There is currently a portion of a shore parallel walkway measuring approximately 6' in width
and 27' in width along the eastern edge of the property, which appears to be an extension of the
neighbor's facility. No permit history was located for this property. From a review of aerial photography,
the walkway appears to have been constructed prior to 1993.
The Wilmington/New Hanover County Land Use Plan 2006 Update classifies adjacent waters and high
ground area of project site as Conservation. The waters of Pages Creek are classified SA by the Division
of Water Resources. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of
Marine Fisheries and they are CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to construct a new docking facility in Pages Creek. A 6' by 50' fixed pier would
extend in a southerly direction into Pages Creek terminating in a 12' by 16' "1-head" platform. From the
waterward terminus of the platform would be a ramp leading to a 6' by 28' floating dock oriented parallel
to the channel. On the western terminus of the floating dock would be a 13' by 13' boatlift. The application
states the water depth at this location ranges from approximately -2.0' to -5.0' at normal low water (NLW).
The proposed facility would accommodate three (3) vessels at this location. The facility would extend
approximately 40' into a water body measuring 170' in width.
10. ANTICIPATED IMPACTS:
The proposed facility would incorporate approximately 660 ft2 of Estuarine Waters and Public Trust Area.
The facility would accommodate up to three (3) vessels in water depths ranging from -2.0' to -5.0' at
NLW. The proposed structures would extend approximately 40' into a waterbody, which measures
approximately 170' in width. This distance would conform to both the '/4 width distance rule and the
established pier head alignment. Based on the application, the proposed structures would not encroach
into either adjacent 15' riparian corridor setback requirement or the channel of Pages Creek. Minor
increases in turbidity should be expected during the construction. RECEIVED
MAR 14 2018
QCM- MHD CITY
Submitted by: Courtney Spears Date: 3/9/2018 Office: -Wilmington
NARRATIVE
February 21,2018
Project Name: Craig Myatt Project
My client, Craig Myatt, at 902 Bayshore Drive would like to install a pier, floating dock and boat
lift at his house on Pages Creek for recreational use. He wishes to construct a 6 X 28 floating
dock with a slip on both sides and a boat lift to the West of the floating dock. He would access
the floating dock and boat lift from his pier which is approximately 44 ft. long with a 16 X 12
sitting area. His docking facility has ample water at low tide for all slips.
Thank you for your time and consideration of this project.
If you have any questions, please contact me at (910) 538.9737.
Stephen B. Conway, Owner
910.538.9737/sconway@ec.rr.com
RECEIVED
MAR 14 2018 DCM RECEIVED
WILMINGTON, NC
DCM- MHD CITY MAR 0 6 2018
N�
ROY COOPER
Govemor
MICHAEL. S. REGAN
secretary
Coastal Management
ENVIRONMENTAL allALI"
March 12, 2018
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
Re: Major Public Notice in New Hanover County:
• Tom Long
• Dan Kugler
• Craig Myatt
Hello Angie: Please publish the attached Notice in the Thursday, March 15, 2018 issue.
BRAXTON DAVIS
Dlreaor
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:
AA4�
Siinncceerrelly,
L
Shaun K. Simpson
Permitting Support & Customer Assistance
Heather Coats - WiRO
Doug Huggett - MHC
Tyler Crumbley - USACE
Sarah Young- DCM
RECEIVED
MAR 14 2018
State of North Carolina I Environmental Quality I Coastal Management DCM- M H D CITY
127 Cardinal Drive Ext.. Wilmington, NC 28405
910-796-7215
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 to
reconfigure existing docking facilities adjacent to Banks Channel, on Figure 8 Island, in
New Hanover County Areas of Environmental Concern as designated under the CAMA: On
March 2, 2018, Tom Long, at 67 Beach Road South and on March 8, 2018, Dan Kugler at
6 Sounds Point; on March 6, 2018, Craig Myatt proposed to construct a new docking
facility at 902 Bayshore Dr., adjacent to Pages Creek, in Wilmington, New Hanover County.
Copies of these applications can be examined or copied at the office of Courtney Spears, N.C.
Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext.,
Wilmington, NC 28405, (910-796-7423) 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 April S, 2018 will be considered in
making the permit decision. Later comments will be accepted and considered up to the time of
permit decision. Project modification may occur based on review and comment by the public
and state and federal agencies. Notice of the permit decision in these matters will be provided
upon written request.
RECEIVED
MAR 14 201B
®CM_ MH® CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cmdinal Drive Ext., Wilmington, NC 29405
910-796-7215
Coastal Management
ENVIRONMENTAL QUALITY
March 9, 2018
Stephen Conway
Southeastern Coastal Construction Company, Inc.
6252 Towles Road
Wilmington, NC 28409
Dear Mr. Conway:
ROY COOPER
('.overnor
MICHAEL S. REGAN
Secretary
BRAXTON DAVIS
Director
The Division of Coastal Management hereby acknowledges receipt of your application, as authorized
agent for Craig Myatt, for State approval for development of the subject property located at 920 Bayshore,
Wilmington, New Hanover County. It was received as complete on March 6, 2018 and appears to be
adequate for processing at this time. The projected deadline for making a decision is May 20, 2018. 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 March 6, 2018, 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 I I3A-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.
Sin �ellyy,,
Couty
Field Repi
Heather Coats, DCM Tyler Crumbley, COE
Doug Huggett, MHC Chad Coburn, DWR
Christine Bouffard, LPO Craig Myatt, Applicant
RECEIVED
MAR 14 2018
DCM- MHD CITY
State of North Carolina � Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215
N0T1(04'*1?j
REDENED
MAR 14 NIB
pCM_ Wil) CITY
CAMA PERMIT
APPLIES FOR
PROJECT
a
Cree". -
construct a n
COMMENTS ACCEPTED THROUGH April 5, 2018
APPLICANT:
Craig Myatt
902 Bayshore Drive
Wilmington, NC 28411
Agent: Stephen Conway (910) 538-9737
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
NC Div. of Coastal Management
127 Cardinal Dr. Extension
Wilmington, NC 28405
Courtney Spears, Field Representative
910-796-7423
11
Southeastern Coastal Construction Company, Inc.
DBA Southeastern Marine Contractors
Stephen B. Conway, Owner -Unlimited Contractors License & Fully Insured
910.538.9737 P.O. Box 7363 Wilmington, NC 28403
Dear Neighbor,
Southeastern Coastal Construction Company has been contracted to build a
P'Q�� t7o n, &C j�TL i fkor your neighbor at CID:a f U .C69 ff. �r
Enclosed you the major permit application. Please review Ad sign the adjacent
Riparian Property Owner Statement sheet and return it to me in the self- addressed, stamped
envelope. If you have any questions, please do not hesitate to call me at 910.538.9737.
Thank you for your time and cooperation in this matter.
Sincerely,
i�
0
Southeastern Coastal Construction Company
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RECEIVED
DCM WILMINGTON, NC
MAR 0 6 ?018
Add a tracking number
0 70170530000095671784
Delivered:
WILMINGTON, NC 28411 on
0 March 12, 2018 at 12:45 pm
................. _..................................................................................
70170530000095671777
Delivered:
WILMINGTON, NC 28411 on
March 8, 2018 at 3:16 pm
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PWA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
AGENT AUTHORIZATION FORM
Name of Property Owner Applying for Permit: Name of 'Authorized Agent for this project:
C �[ i c,� i i 1 U�14
5 {' w c4y
Owner's Mailing Address: Agent's Mailing Address:
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PhoneI(I• f
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I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying
for, and obtaining all CAMA Permits necessary to install o//
r�construct the following (activity):
Project Site Address:
Owner Signature
2-2r-It3
Date*
*This certification is valid f year from date signed by property owner.
RECEIVED
MAR 14 2018 1RECEIVED
DCM WILMINGTON, NC
N.C. Division of CoastalManage[3"CM_ MHD CITY
127 Cardinal Drive Ext., Wilmington, NC 28405 MAR 0 6 2018
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanagement.net
An Equal Opportunity 1 Affirmative Action Employer
"X d r
BK: RB 6084
PG: 1713-1741
RECORDED.
06129n017
12:26:35 PM
BY. CAROL HUGHLEY
DEPILY
NC FEE $64,W
2017028031
NEW HANOVER COUNTY,
TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS EXTX$000
ELECTRONICALLY RECORDED
MIN 1004469-0100011730 _ (Space Abwe This Line For Rewrd'me Data]
-S OPEN END MORTGAGE -THIS MORTGAGE SECURES FUTURE ADVANCES
Prepared By: Jennifer Crocker iAmaNe. 100011730 f_
Record and Return to: FIRST NATIONAL BANK OF PENNSYLVANIA %,fi
�ytf b� n .
4140 E. State St ` ?)t "
Hermitage, PA 16148 2 c,K
OPEN END.MORTGAGENs
DEED OF TRUST SAe N �
PARCEL TAX IO#: R03717.003-01 "00 V'I °u'
DEFINITIONS PMI CASE#:
Words used in multiple sections of this document are defined below and other words are defined
in Sections 3, 11, 13, 18, 20 and 21. Certain Hiles regarding the usage of words used in this
document are also provided in Section 16.
(A) "Security kstrnment" means this document, which is dated August
29th 2017 together with all Riders to this document
(B) "Borrower" is CRAIG W. MYATT AND WIFE, CARA M. MYATT
Borrower is the trustor under this Security Instrument
(C) "Lender" is First National Bank of Pennsylvania
Lender is a National Bank
laws of THE COMMONWEALTH OF PENNSYLVANIA
4140 E. State Street, Hermitage, PA 16148
NORTHCAROLINA— single Fwily-Fa MaNFndm. Mx
UNIPORMU4SrRU.KBATFmm3MA 1101
MG3034-41 (OS117) (rye r of 19)
organized and existing under the
. Lender's address is
RECEIVED
MAR 14 2018
RECEIVED
DCM- MHD CITY DCM WILMINGTON, NC
MAR 0 f 2018
submitted electronically by "Collins and Collins Law Offices, PLLC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.
(D) "Trustee" is PSRE, Inc.,One F.N.B. Boulevard Hermitage, PA
16148
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate
corporation that is acting solely as a nominee for Lender and Lender's successors and assigns.
MERS is the beneficiary under this Security Instrument. MERS is organized and existing
under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint,
MI 48501-2026, tel. (888) 679-MERS.
(F) 'Note" means the promissory note signed by Borrower and dated August 29th
2017 . The Note states that Borrower owes Lender
FOUR HUNDRED EIGHTY THOUSAND AND NO/100
Dollars (U.S. $ 490,000.00 ) plus interest. Borrower has promised to pay this
debt in regular Periodic Payments and to pay the debt in full not later than
September 1st, 2048
(G) "Property" means the property that is described below under the heading "Transfer of
Rights in the Property."
(R) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges
and We charges due under the Note, and all sums due under this Security Instrument, plus
interest
(L) "Riders" means all Riders to this Security Instrument that are executed by Borrower.
The following Riders are to be executed by Borrower [check box as applicable):
Q Adjustable Rate Rider Condominium Rider Second Home Rider
= Balloon Rider Biweekly Payment Rider [] 1-4 Family Rider
0 Other(s) (specify) Planned Unit Development Rider
EXHIBIT A, CONSTRUCTION RIDER
(,n "Applicable Law" means all controlling applicable federal, state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law) as well
as all applicable final, non -appealable judicial opinions.
(I) "Community Association Dues, Fees, and Assessments" means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a condominium
association, homeowners association or similar organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an electronic
terminal, telephonic instrument, computer or magnetic tape so as to order, instruct, or authorize
a financial institution to debit or credit an account Such term includes, but is not limited to,
point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone,
wire transfers, and automated clearinghouse transfers.
(M) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or
other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
NORTH CAROLINA — sin& Fan* -Finak %wFTwme mu vwoR.N mrrmM Nr Fars 3w voi
MG303"2 (0009)
(Page 2 of 19)
RR C,EIVED
MAR 14 2018
MHD CITY
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2018
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of,
or default on, the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument
(Q) '!RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.)
and its implementing regulation, Regulation X (12 C.F.R Part 1024), as they might be
amended from time to time, or any additional or successor legislation or regulation that governs
the same subject matter. As used in this Security Instrument, "RESPA" refers to all
requirements and restrictions that are imposed in regard to a "federally related mortgage loan"
even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(R) 'Successor in Interest of Borrower" means any parry that has taken title to the
Property, whether or not that party has assumed Borrower's obligations under the Note and/or
this Security Instrument
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for bender and Lender's
successors and assigns) and the successors and assigns of MERS. This Security Instrument
secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements
under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and
conveys to Trustee, in test, with power of sale, the following described property located in the
COUNTY'
Hype of Recording JuAsdic4oal
of NEW HANOVER
[Name of Rewrding Juriadiedon]
SEE ATTACHED EXHIBIT A
which currently has the address of 902 Bayshore Drive
/sneer]
Wilmington , North Carolina 28411 ("Property Address");
[City] 14 Code]
TO HAVE AND TO HOLD this property unto MERS (solely as nominee for Lender
and Lender's successors and assigns, forever, together with all the improvements now or
hereafter erected on the property, and all easements, appurtenances, and fixtures now or
hereafter a part of the property. All replacements and additions shall also be covered by this
Security Instrument All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests
granted by Borrower in this Security Instrument, but, if necessary to comply with law or
custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of those interests, including, but not limited to, the right to foreclose and sell
the Property; and to take any action required of Lender including, bin not limited to, releasing
and canceling this Security Instrument
NORTH CAROLINA — Fm»ry - v,"wc Mx/Fr"Mk uNaown traraU.�ffirr vamspa. tror
MG3039-a3 (1r/12)
(Page 3 of 19)
RECEIVED
MAR 14 2018
RECEIVED
DCM WILMINGTON, NC
MAR 6 6 2018
DCM- MHD CITY
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby
conveyed and bas the right to grant and convey . the Property and that the Property is
unencumbered, except for encumbrances of record. Borrower warrants and will defend
generally the title to the Property against all claims and demands, subject to any encumbrances
of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and
non -uniform covenants with limited variations by jurisdiction to constitute a uniform security
instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
L. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late
Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by
the Note and any prepayment charges and late charges due under the Now. Borrower shall also
pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this
Security Instrument shall be made in U.S. currency. however, if any check or other instrument
received by Lender as payment under the Note or this Security instrument is returned to Lender
unpaid, Lender may require that any or all subsequent payments due under the Note and this
Security Instrument be made in one or more of the following forms, as selected by Lender: (a)
cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal
agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in
the Note or at such other location as may be designated by Lender in accordance with the notice
provisions in Section 15. Lender may return any payment or partial payment if the payment or
partial payments are insufficient to bring the Loan current Lender may accept any payment or
partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic
Payment is applied as of its scheduled due data then Lender need not pay interest on unapplied
funds. Lender may hold such uoapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either
apply such fiords or return them to Borrower. If not applied earlier, such fiords will be applied
to the outstanding principal balance under the Note immediately prior to foreclosure. No offset
or claim which Borrower might have now or in the future against Lender shall relieve Borrower
from making payments due under the Note and this Security Instrument or performing the
covenants and agreements secured by this Security Instrument
2. Application of Payments or Proceeds. Except as otherwise described in this
Section 2, all payments accepted and applied by Lender shall be applied in the following order
of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due
under Section 3. Such payments shall be applied to each Periodic Payment in the order in which
it became due. Any remaining amounts shall be applied fast to late charges, second to any other
NORTH CAROLINA — F.,a Vol
G3034-04 (0009)
(Page 4 of 79)
RECEIVED
MAR 14 2018
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2018
amounts due under this Security Instrument, and then to reduce.the principal balance of the
Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which
includes a sufficient amount to pay any late charge due, the payment may be applied to the
delinquent payment and the late charge. If more than one Periodic Payment is outstanding,
Lender may apply any payment received from Borrower to the repayment of the Periodic
Payments if, and to the extent that, each payment can be paid in frill. To the extem that any
excess exists after the payment is applied to the full payment of one or more Periodic Payments,
such excess may be applied to any late charges due. Voluntary prepayments shall be applied
first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to
principal due under the Note shall not extend or postpone the due date, or change the amount, of
the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic
Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide
for payment of amounts due for: (a) taxes and assessments and other items which can attain
priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold
payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At
origination or at any time during the team of the Loan, Lender may require that Community
Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees
and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow
Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall
pay directly, when and where payable, the amounts due for any Escrow Items for which
payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require. Borrower's
obligation to make such payments and to provide receipts shall for all purposes be deemed to be
a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly,
pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Under may
exercise its rights under Section 9 and pay such amount and Borrower shall then be •obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any
or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such
revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit
Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the
maximum amount a lender can require under RESPA. Lender shall estimate the amount of
NORTH CAROUNA — Sm,& F.1, — F" M.Trsdd M e of PISIRWNM F. 30 voi
G3034.05 (0009) (Page S of PP)
RECEIVED
MAR 14 2018 RECEIVED
DCM WILMINGTON, NC
DCM- MiHD CITY
Funds due on the basis of current data and reasonable estimates of expenditures of £oboe Escrow
Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal
agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits
are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the
Escrow Items no later than the time specified under RESPA. Leader shall not charge Borrower
for holding and applying the Funds, annually analyzing the escrow account, or verifying the
Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits
Lender to make such a ebarge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any
interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that
interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual
accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall
account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in
accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency
of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in
accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall
promptly refund to Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and
impositions attributable to the Property which can attain priority over this Security Instrument,
leasehold payments or ground rents on the Property, if any, and Community Association Dues,
Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall
pay them in the manner provided in Section 3.
Borrowe; shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by
the lien in a manner acceptable to Lender, but only so long as Borrower is performing such
agreement; (b) contests the lien in good faith by, or defends against enforcement of the Gen in,
legal proceedings which in Lender's opinion operate to prevent the enforcement of the Gen while
those proceedings are pending, but only until such proceedings are concluded; or (c) secures
from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument If Lender determines that any part of the Property is subject to a lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice
identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall
satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification
and/or reporting service used by Lender in connection with this Loam
5. Property Insurance. Borrower shall keep the improvements now existing or
hereafter erected on the Property insured against loss by fire, hazards included within the term
"extended coverage," and any other hazards including, but not limited to, earthquakes and
NORTH CAROUNA - s sk -=:y - m onx ua-rae oexr Pw x voi
C3034-06 (0009) (Page 6 of I9)
RECEIVED
MAR 14 2018 RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY ;BAR 0 6 018
floods, for which Lender requires insurance. This insurance shall be maintained in the amounts
(including deductible levels) and for the periods that Lender requires. What Lender requires
pursuant to the preceding sentences can change during the term of the Loan. The insurance
carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood
zone determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar
changes occur which reasonably might affect such determination or certification. Borrower shall
also be responsible for the payment of any fees imposed by the Federal Emergency Management
Agency in connection with the review of any flood zone determination resulting from an
objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain
insurance coverage, at Lender's option and Borrower's expense. Leader is under no obligation
to purchase any particular type or amount of coverage. Therefore, such coverage shall cover
Lender, bin might or might not protect Borrower, Borrower's equity in the Property, or the
contents of the Property, against any risk, hazard or liability and might provide greater or lesser
coverage than was previously in effect Borrower acknowledges that the cost of the insurance
coverage so obtained Wright significantly exceed the cost of insurance that Borrower could have
obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt
of Borrower secured by this Security lnstntment. These amounts shall bear interest at the Note
rate from the date of disbursement and shall be payable, with such interest, upon notice from
Lender to Borrower requesting payment
All insurance policies required by Lender and renewals of such policies shall be subject
to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to
hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to
Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of
insurance coverage, not otherwise required by Lender, for damage to, or destruction of the
Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and
Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and
Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying
insurance was required by Lender, shall be applied to restoration or repair of the Property, if the
restoration or repair is economically feasible and Lender's security is not lessened. luring such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has bad an opportunity to inspect such Property to ensure the work has been completed
to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed Unless an agreement is made in writing or
Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters,
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or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and
shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible
or Lender's security would be lessened, the insurance proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available
insurance claim and related matters. If Borrower does not respond within 30 days to a notice
from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate
and settle the claim The 30-day period will begin when the notice is given. In either event, or
if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to
Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts
unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other
than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the
Property. Lender may use the insurance proceeds either to repair or restore the Property or to
pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's
principal residence within 60 days after the execution of this Security Instrument and shall
continue to occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections.
Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or
commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower
shall maintain the Property in order to prevent the Property from deteriorating or decreasing in
value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall promptly repair the Property if damaged
to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking oi; the Property, Borrower shall be responsible for
repairing or restoring the Property only if Lender has released proceeds for such purposes.
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of
progress payments as the work is completed If the insurance or condemnation proceeds are not
sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for
the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property.
If it bas reasonable cause, Lender may inspect the interior of the improvements on the Property.
Lender shall give Borrower notice at the time of or prior to such an interior inspection
specifying such reasonable cause.
S. Borrower's Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or
with Borrowers knowIWgc or consent gave materially false, misleading, or inaccurate
information or statements to Lender (or failed to provide Lender with material information) in
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connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security
Instrument If (a) Borrower fails to perform the covenants and agreements contained in this
Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's
interest in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain
priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate
to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a
lien which has priority over this Security Instrument (b) appearing, in court; and (c) paying
reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security
Instrument, including its secured position in a bankruptcy proceeding. Securing the Property
includes, but is not limited to, entering the Property to make repairs, change locks, replace or
board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may
take action under this Section 9, Lender does not have to do so and is not under any duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions
authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of
Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate
from the date of disbursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment
If this Security Instrument is on a leasehold, Borrower shall comply with all the
provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee
title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance
in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be
available from the mortgage insurer that previously provided such insurance and Borrower was
required to snake separately designated payments toward the premiums for Mortgage hnsu met,
Borrower shall pay the premiums. required to obtain coverage substantially equivalent to the
Mortgage Insurance previously in effect', at a cost substantially equivalent to the cost to
Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. if substantially equivalent Mortgage Insurance coverage is not available,
Borrower shall continue to pay to Lender the amount of the separately designated payments that
were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain
these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of
Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the
Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or
earnings on such loss reserve, if permitted under Applicable Law. Lender can no longer require
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loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that
Lender requires) provided by an insurer selected by Leader again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for
Mortgage Insurance. if Lender required Mortgage Insurance as a condition of making the Loan
and Borrower was required to make separately designated payments toward the premiums for
Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance
in effect, if permitted under Applicable Law, or to provide a non-refundable loss reserve, until
the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by
Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the
rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for
certain losses it may incur if Borrower does not repay the Loan as agreed Borrower is not a
parry to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to
time, and may enter into agreements with other parties that share or modify their risk, or reduce
losses. These agreements are on terms and conditions that are satisfactory to the mortgage
insurer and the other parry (or patties) to these agreements. These agreements may require the
mortgage insurer to make payment using any source of funds that the mortgage insurer may have
available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer,
any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or
indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's
payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of
the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to
pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not
increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle
Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has -if any- with
respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any
other law. These rights may include the right to receive certain disclosures, to request and
obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated
automatically, and/or to receive a refund of any Mortgage Insurance premiums that were
unearned at the time of such cancellation or termination[.
11. Assignment of Miscellaneous Proceeds; Forfeiture All Miscellaneous Proceeds
are hereby assigned to and shall be paid to Lender.
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If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's
security is not lessened. During such repair and restoration period, Lender shall have the right
to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such
Property to ensure the work has been completed to Lender's satisfaction, provided that such
inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed Unless an
agreement is made in writing or Applicable Law requires interest to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings
on sucb Miscellaneous Proceeds. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums
secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower.
In the went of a partial taking, destruction, or loss in value of the Property in which
the fair market value of the Property immediately before the partial taking, destruction, or loss
in value is equal to or greater than the amount of the semis secured by this Security Instrument
immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the
amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount
of the sums secured immediately before the partial taking, destruction, or loss in value divided
by (b) the fair market value of the Property immediately before the partial taking, destruction, or
loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which
the fair market value of the Property immediately before the partial taking, destruction, or loss
in value is less than the amount of the sums secured immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether
or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower
that the Opposing Party (as defined in the next sentence) offers to make an award to settle a
claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice
is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to
restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
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Borrower shall be in default if any action or proceeding, whether civil or criminal, is
begun that, in Lender's judgment, could result in forfeiture of the Property or other material
impairment of Lender's interest in the Property or rights under this Security Instrument
Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in
Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender' a
judgment, precludes forfeiture of the Property or other material impairment of Lender's interest
in the Properly or rights under dlis Security inshvment The proceeds of any award or claim for
damages. that are attributable to the impairment of Lender's interest in the Property are hereby
assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property
shall be applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of
the time for payment or modification of amortization of the sums secured by this Security
Instiument granted by Lender to Borrower or any Successor in Interest of Borrower shall not
operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender
shall not be required to commence proceedings against any Successor in Interest of Borrower or
to refitee to extend time for payment or otherwise modify amortization of the sums secured by
this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or
remedy including, without limitation, Lender's acceptance of payments from third persons,
entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall
not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound.
Borrower covenants and agrees that Borrower's obligations and liability shall be joint and
several. However, any Borrower who co-sigus this Security Instrument but does not execute the
Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and
convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is
not personally obligated to pay the sums secured by this Security Iasuumeat; and (c) agrees that
Lender and any other Borrower can agree to extend, modify, forbear or make. any
accommodations with regard to the terms of this Security Instrument or the Note without the
co-signer's consent
Subject to the provisions of Section 18, any Successor in Interest of Borrower who
assumes Borrower's obligations under this Security Instrument in writing, and is approved by
Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument
Borrower shall not be released from Borrower's obligations and liability under this Security
Instrument unless Lender agrees to such release in writing. The covenants and agreements of
this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender.
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14. Loan Charges. Lender may charge Borrower fees for services performed in
connection with Borrower's default, for the purpose of protecting Lender's interest in the
Property and rights under this Security Instrument, including, but not limited to, attorneys' fees,
property inspection and valuation fees. In regard to any other fees, the absence of express
authority in this Security Instrument to charge a specific fee to Borrower shall not be construed
as a prohibition on the charging of such fee. Lender may not charge fees that are expressly
prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally
interpreted so that the interest or other loan charges collected or to be collected in connection
with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the
amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected
from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may
choose to make this refund by reducing the principal owed under the Note or by malting a direct
payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial
prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to
Borrower will constitute a waiver of any right of action Borrower might have arising out of such
overcharge.
15. Notices. All Notices given by Borrower or Lender in connection with this
Security hnstrument must be in writing. Any notice to Borrower in connection with this Security
Instrument shall be deemed to have been given to Borrower when mailed by first class mail or
when actually delivered to Borrower's notice address if sent by other means. Notice to any one
Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a
substitute notice address by notice to Lender. Borrower shall promptly notify Lender of
Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change
of address, then Borrower shall only report a change of address through that specified
procedure. There may be only one designated notice address under this Security Instrument at
any one time. Any notice to Lender shall be given by delivering it or by mailing it by first
class mail to Lender's address stated herein unless Lender has designated another address by
notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed
to have been given to Lender until actually received by Lender. If any notice required by this
Security Instrument is also required under Applicable Law, the Applicable Law requirement will
satisfy the corresponding requirement under this Security Instrument,
16. Governing Law; Severabrlity; Rules of Construction. This Security Instrument
shall be governed by federal law and the law of the jurisdiction in which the Property is located.
All rights and obligations contained in this Security Instrument are subject to any requirements
and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the
parties to agree by contract or it might be silent, but such silence shall not be construed as a
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prohibition against agreement by contract In the event that any provision or clause of this
Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect
other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument (a) words of the masculine gender shall mean and
include corresponding neuter words or words of the feminine gender; (b) words in the singular
shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion
without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this
Security Instrument
1& Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Propert}r' means any legal or beneficial interest in the Property,
including, but not limited to, those beneficial interests transferred in a bond for deed, contract
for deed, installment sales contract or escrow agreement, the intent of which is the transfer of
title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred
(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without Lender's prior written consent, Lender may require immediate payment in
fall of all sums secured by this Security Instrument However, this option shall not be exercised
by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The
notice shall provide a period of not less than 30 days from the date the notice is oven in
accordance with Section 15 within which Borrower mast pay all sutras secured by this Security
Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender
may invoke any remedies permitted by this Security Instrument without further notice or demand
on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain
conditions, Borrower shall have the right to have enforcement of this Security Instrument
discontinued at any time prior to the earliest of (a) five days before sale of the Property
pursuant to any power of sale contained in this Security Instrument; (b) such other period as
Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of
a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays
Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays
all expenses incurred in enforcing this Security Insinmmrnt, including, but not limited to,
reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender' s interest in the Property and rights under thus Security Instrument;
and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the
Property and rights under this Security Instrument, and Borrower's obligation to pay the sums
secured by this Security Instrumen; shall continue unchanged Lender tray require that
Borrower pay such reinstatement sums and expenses in one or more of the following fortes, as
selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check
or cashier's check, provided any such check is drawn upon an institution whose deposits are
insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon
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reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain
folly effective as if no acceleration had occurred However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a
partial interest in the Note (together with this Security Instrument) can be sold one or more
times without prior notice to Borrower. A sale night result in a change in the entity (known as
the "Loan ServioW) that collects Periodic Payments due under the Note and this Security
htstrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument, and Applicable Law, There also might be one or more changes of the Loan Servicer
unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be
given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter
the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan
servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a
successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided
by the Note purchaser,
Neither Borrower nor Lender may commence, join, or be joined to any judicial action
(as either an individual litigant or the member of a class) that arises from the other party's
actions pursuant to this Security Instrument or that alleges that the other party has breached any
provision ot, or any duty owed by reason of, this Security Instrument, until such Borrower or
Lender has notified the other party (with such notice given in compliance with the requirements
of Section 15) of such alleged breach and afforded the other party hereto a reasonable period
after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to
be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure
given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower
pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective
action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances"
are those substances defined as toxic or hazardous substances, pollutants, or wastes by
Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic
petroleum products, toxic pesticides and. herbicides, volatile solvents, materials containing
asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or
environmental protection; (c) "Environmental Cleanup" includes any response action, remedial
action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an
Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any
Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property.
Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in
violation of any Environmental Law, (b) which creates an Environmental Condition, or (c)
which, due to the presence, use, or release of a Hazardous Substance, creates a condition that
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adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are
generally recognized to be appropriate to normal residential uses and to maintenance of the
Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim,
demand, lawsuit or other action by any governmental or regulatory agency or private party
involving the Properly and any Hazardous Substance or Environmental Law of which Borrower
has actual knowledge, (b) any Environmental Condition, including but not limited to, any
spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition caused by the presence, use or release of a Hazardous Substance which adversely
affects the value of the Property, If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all
necessary remedial actions in accordance with Environmental Law. Nothing herein shall create
any obligation on Lender for an Environmental Cleanup.
. NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as
follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to
acceleration following Borrower's breach of any covenant or agreement in this Security
Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides
otherwise} The notice shall specify: (a) the default; (b) the action required to cure the
default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by
which the default must be cured; and (d) that failure to cure the default on or before the
date specified in the notice may result in acceleration of the sums secured by this Security
Instrument and sale of the Property. The notice shall farther inform Borrower of the right
to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and sale. If the
default is not cured on or before the date specified in the notice, Lender at its option may
require immediate payment in full of all sums secured by this Security Instrument without
further demand and may invoke the power of We and any other remedies permitted by
Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Section 22, including, but not limited to, reasonable attorneys'
fees and costs of title evidence
If Lender invokes the power of sale, and if it is determined in a hearing held in
accordance with Applicable Law that Trustee can proceed to We, Trustee shall take such
action regarding notice of sale and shall give such notices to Borrower and to other persons
as Applicable Law may require. After the time required by Applicable Law and after
publication of the notice of sale, Trustee, without demand on Borrower, shall sell the
Property at public auction to the highest bidder at the time and place and under the terms
designated in the notice of sale in one or more parcels and in any order Trustee determines.
Lender or its designee may purchase the Property at any sale.
NORTH CAROLINA — sc& Fey— Fmo magi, am r umuoaM mnrnumm Fm wo tro,
G3034-I6 (0009) (Page 16 of 19)
RECEIVED
DCM WILMINGTON, NC
Trustee shall deliver to the purchaser Trustee's deed conveying the Property
without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed
shall be prima facie evidence of the truth of the statements made therein. Trustee shall
apply the proceeds of the sale in the following order: (a) to all expenses of the sale,
including, but not limited to, Trustee's fees of 5.000 % of the gross sale
price; (b) to all sums secured by this Security Instrumeati and (c) any excess to the person
or persons legally entitled to it The interest rate set forth in the Note shall apply whether
before or after any judgment on the indebtedness evidenced by the Note.
23. Release. Upon payment of all sums secured by this Security Instrument, Lender
or Trustee shall cancel this Security Instrument if Trustee is requested to release this Security
Instrument, all notes evidencing debt secured by this Security Instrument shall be surrendered to
Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law.
24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a
successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in
which this Security Instrument is recorded. Without conveyance of the Property, the successor
trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by
Applicable Law.
25. Attorneys' Fees. Attorneys' fees must be reasonable.
) THIS SPACE LEFT INTENTIONALLY BLANK ]
NORTH CAROLINA — sm&F.'ly-F Nadr.". Mac mwoRN oismuN@HT Form S vol
G3034-17 (0009) (Page 17 of 19)
RECEIVEECEIVED
D [\A W LMIINGTON. NC
MAR 14 2018 MAR 0 6 7Oi8
DCM- MHD CITY
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Security Instrument anyR der executed by Borrower and recorded with
it
_ (Sea1)
-Boaowa
r,o,,A /�,4 ,c4A�
CARA M MYAiT J-Boaowa
NORTH CAROLINA — Sv,;c Fm) — Faedc Mae/ ,m Mee O O&M A'SfRLT 7 Perm ] vor
C3034-18 (0009) (page Is of 19)
— (&W)
-Boaawa
_. (sea)
-Borrower
RECEIVED
DCM WILMINGTON. NC
MAR 0 6 2018
MIVMUAL ACKNOWLEDGMENT
STATE OF NORTH CAROLINA, County ss:
On this, the 29th day of August 2017
before me, the subscriber, the undersigned officer, personally appeared
CRAIG W. MYATT-AND WIFE, CARA M. MYATT
known to me (or satisfactorily proven) to be the person(s) whose name(s) are
subscribed to the within instument and acknowledged that they executed the
same for the purposes herein contained
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
^�
My Commission Ewires
V ,rgSiYNiHJn,JJ. J r/, t/J��/ A
..wa n r r��4i i Notary Public
ra '
y F STATEvQ�FfiiORTH CAROLINA, NEW HANOVER County ss:
yS�lOb'�R�o`�heforegoingcertificate of
A a
"r ^SG6tary(y)(ies) Public is (are) certified to be correct This instrument and this certificate are duly
registered at the date and time and in the book and page show on the first page hereof.
By:
Assistant Deputy Register of Deeds
N?ALSR ID: 766529
NMLSR (L.O.) ID: 93046 (Alan Eftin9)
Loan Originator: Firat National Bank of Pennsylvania
NORTH CAROLINA—sw&Fam*. a mw/pni&muuNFopmvwrxumcVTFa3m Lot
G3034-19 (MIM (Poge 19 of 19)
RECEIVED
MAR 14 2018
RECEIVED
DCM WILMINGTON, NC
IV. q0 0
DCM- MHD CITY
ATTACHMENT
BEING ALL OF LOT 184 OF BAYSHORE ESTATES, SECTION 5, AS THE SAME APPEARS ON A MAP BY
HOWARD M. LOUGHLIN, RS., DATED JULY, 1965, AND RECORDED IN THE REGISTRY OF NEW HANOVER
COUNTY IN MAP BOOK 9, AT PAGE 14, REFERENCE TO SAID MAP BEING HEREBY MADE FOR A MORE
COMPLETE DESCRIPTION.
MYATi, C B-17
902 Bayshore Drive, Wilmington, NC 28411
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2018
LOAN# 100011730
CONSTRUCTION LOAN RIDER TO SECURITY
INSTRUMENT
(INCLUDING SECURITY AGREEMENT)
(To Be Recorded With The Security Instrument)
THIS IS A MODEL DOCUMENT FOR USE IN MORTGAGE LOAN TRANSACTIONS.
THi5 FORM IS PROVIDED AS AN EXAMPLE AND IS NOT VALID AND
ENFORCEABLE IN ALL JURISDICTIONS. LENDERS SHOULD CONSULT WITH
LEGAL COUNSEL TO ENSURE THAT ALL FORMS USED TO ORIGINATE LOANS
ARE APPROPRIATE, AND THAT ALL LEGAL INSTRUMENTS ARE COMPLETED
CORRECTLY AND IN COMPLIANCE WITH APPLICABLE LAW.
LENDER: First National Bank of Pennsylvania
BORROWER CRAIG W. MYATT AND WIFE, CARA M. MYATT
PROPERTY: 902 8ayshore Drive , Wilmington, NC 28411
THIS CONSTRUCTION LOAN RIDER TO SECURITY INSTRUMENT (the "Rider") shall
be deemed to amend and supplement the Mortgage, Open -End Mortgage, Deed of Trust, Credit
Line Deed of Trust, and any and all riders or amendments thereto (the "Security Instrument") of
the same date, to which this Rider is attached, given by the undersigned (the "Borrower") to
secure Borrower's Promissory Note to Lender of the same date (the "Note") and covering the
property (the "Property") desenbed in this Security Instrument All terms defined in, the Note
and elsewhere in this Security Instrument shall have the same meaning in this Rider.
AMENDED AND ADDITIONAL COVENANTS. In addition to the covenants and
agreements made in this Security Instrument, Borrower and Lender further covenant and agree
as follows:
1. Construction Loan Agreement. Borrower's Note evidences Borrower's promise to pay
Lender the aggregate amount of all advances made and distributed by Lender under the
terms and conditions of a Construction Loan Agreement between Lender and Borrower
dated the same date as the Note (the "Loan Agreement"). The Loan Agreement provides
for construction of certain improvements (the "Improvements) on the property. Borrower
agrees to comply with the covenants and conditions of the Loan Agreement. This Security
Instrument secured to Lender (a) the repayment of the debt evidenced by the Note,
including the aggregate amount of all advances made by Lender from time to time under
the terms of the Loan Agreement, with interest at the Construction Phase Note Rate, and
all renewals, extensions, and modifications of the Note, (b) the performance of all of
Borrower's covenants and agreements under the Note, this Security Instrument, and the
MULTISTATE CONSTRUCTION LOAN RIDER TO SECDRRY INSTRUMBrT —ShVI@ FNWIy—raMle Yae WiMESIYLE MooM
DocuFate 3737 11101
CCCC1737-01 (11106) Page 1 of 5
CEIVED
RECEIVED DCM W EMIINGTON, NC
MAR 14 2018 0 0 Ui8
DCIVI_ MHD CITY
Loan Agreement (the "Loan Documents"), and (c) the payment of all other sums, with
interest at the Note Rate, advanced by Lend or to protect the security of this Security
Instrument,or to perform any of Borrower's obligations under the Loan Documents.
Upon the failure of Borrower to keep and perform all the covenants, conditions and
agreements of the Loan Agreement, the Principal and all interest and other charges
provided for in the Loan Documents and secured hereby shall, at the option of the Lender,
become immediately due and payable in full.
2. Futme Advances. During the construction of the Improvements (the "Construction
Phase"), interest will accrue on the outstanding Principal according the the terms set forth
in the Note and the Construction Loan Addendum To Note. Provided there has been no
default as defined in the Note, the Loan Agreement, or this Security Instrument, Lender is
legally obligated to make advance of principal upon application therefore by the Borrower
in accordance with the provisions of the Note and Loan Agreement up to a maximum
Principal amount (including present and future obligations), which is equal to the amount
of the Note as set forth in the Security Instrument. Such advances shall be evidenced by
the Note, made under the terms of the Loan Agreement and secured by this Security
Instrument and may occur for a period up to the end of the Construction Phase, but in no
event after 12 months from the date of this Rider.
3. Assignment of Right or Claims. From time to time as Lender deems necessary to protect
Lender's interest, Borrower shall, upon request of Lender, execute, acknowledge before a
notary, and deliver to Lender, assignments of any and all rights or claims which relate to
the construction on the Property.
4. Breach by Borrower. In case of breach by Borrower of the covenants and conditions of
Loan Agreement, subject to any right of Borrower to cure Borrower's defa» l; Lender, at
Lender's option, with or without entry upon the Property (a) may invoke any of the rights
or remedies provided in the Loan Agreement, (b) may accelerate the sums secured by this
Security Instrument and invoke any of the remedies provided in the Security Instrument, or
(c) may do both. Lender's failure to exercise any of its rights and remedies at any one time
shall not constitute a waiver by Lender of its right to exercise that right or remedy, or other
right or remedy, in the future.
S. Permanent Mortgage Date On the day the Construction Phase ends, the loan evidenced
by the Note will be a permanent mortgage loan ("Permanent Mortgage Date"). Beginning
on the Permanent Mortgage Date, interest shall accrue as stated in the Note and monthly
payments of principal and interest shall be due and payable as set forth in the Note.
6. Security Agreement and Financing Statement. The property covered by this Security
MULTISTATE CONSTRUCTION LOAN WDt3t TO SMUR Y INSTRUMBIT -single Fsft" Fannie Mae HoMeMLE MOCIL
OoeYMEair Fain 3737 11101
OCO133737O2 (07102)
Page 2 of
RECEIVED
MAR 14 2018
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2018
Instrument includes the Property previously described or referred to in this Security
Instrument, together with the following, all of which are referred to as "Property." The
portion of the Property which oonstitutes real property is sometimes referred to as the
"Real Property." The portion of the Property which constitutes personal property is
sometimes referred to arthe "Personal Property," as is described as follows: (i) Borrower's
right to possession of the Property; (ii) any and all fixtures, machinery, equipment,
building materials, appliances, and goods of every nature whatsoever now or hereafter
located in, or on, or used, or intended to be used in connection with the Property or the
Improvements, and all replacements of and accessions to those goods, and (iii) proceeds
and products of the Personal Property. Despite any other provision of this Rider or any
other Loan Document, however, Lender is not granted, and will not have, a non-purcbase
money security interest in household goods, to the extent that such a security interest
would be prohibited by applicable law.
This Security Instrument is and shall be a security agreement granting Lender a first and
prior security interest in all of Borrower's right, title, and interest in and to the Personal
Property, under and within the meaning of applicable state laws, as well as a document
grantmg a lien upon and against the Real Property. In the event of any foreclosure We,
whether made by Trustee, or under judgement of a court, all of the Real Property and
Personal Property may, at the option of Lender, be sold as a whole or in parcels. It shall
not be necessary to have present at the place of such sale the Personal Property or any
part thereof. Lender, as well as Trustee on Lender's behalf, shall have all the rights,
remedies and recourse with respect to the Personal Property afforded to a "Secured Party"
by applicable state laws in addition to and not in limitation of the other rights and remedies
afforded Lender and/or Trustee under this Security Instrument Borrower shall, upon
demand, pay to Lender the amount of any and all expenses, including the fees and
disbursements of Lender's legal counsel and of any experts and agents, which Lender may
incur in connection with: (i) the making and/or administration of this Security Instrument;
(ii) the custody, preservation, use or operation of, or the sale of, collection from, or other
realization upon any Property, real and/or personal, described in this Security Instrument;
(iii) the exercise or enforcement of any of the rights of Lender under the Security
Instrument; or (iv) the failure by Borrower to perform or observe any of the provisions or
covenants in this Security Instrument
Lender may, at its election, at any time after the delivery of this Security Instrument, sign
one or more copies of this Security Instrument in order that such copies may be used as a
financing statement under applicable state laws. Lender's signature need not be
acknowledged, and is not necessary to the effectiveness hereof as a deed of trust, a security
agreement, or (unless otherwise required by applicable law) a financing statement
NMULIT SATE CONSTRUCTION LOAN RIDER TO SECUIM INSTRUMENT —Single Famuy- Famue Rue noNFatrtF moos
Porn 3737 11101
GCCA33737-e3 (11106) Page 3 of 5
RECEIVED
r RECEIVED DCM WILMINGTON, NC
MAR 14 2018 MAR 0 6 2018
CCM_ MH® CITY
Borrower also authorizes Lender to sign and file, without Borrower's signature, such
financing and continuation statements, amendmeuts,and supplements, thereto, and other
documents that Lender may from time to time deem necessary to perfect, preserve and
protect Lender's security interest in the Property. If any other documents are necessary to
protect Lender's interest in Property, Borrower agrees to sign these documents whenever
Lender asks. Borrower also gives Lender permission to sign these documents for
Borrower.
7. Invalid Provisions. If any provision of this Security Instrument is declared invalid,
illegal, or unenforceable by a court of competent jurisdiction, then such invalid, illegal or
unenforceable provision shall be severed from this Security Instrument and the remainder
enforced as if such invalid, illegal or enforceable provision is not a part of this Security
Iustrument
8. Addresses.
The name and address of Borrower is:
CRAIG W MYATT
902 Bayshore Drive , Wilmington, NC 28411
The name and address of Leader/Secured Party is:
First National Bank of Pennsylvania
4140 E. State Street
Hermitage, PA 16148
9. Relation to Loan Agreement. This Security Instrument is subject to all of the applicable
terms and conditions contained in the Loan Agreement The Loan Agreement is to be filed
in the County Clerk's Office in the County where the Property is located at the same time
this Security Instrument is recorded. If Borrower fails to keep any of the promises
Borrower snakes in the Loan Agreement, Lender may require that the entire balance of
Borrower's debt to Lender be paid immediately. The terms and conditions of this Rider
shall survive the termination of the Loan Agreement and the repayment of the Loan.
10. Paragraph 6 of the Security Instrument The first sentence of paragraph 6 of the
Security Instrument is hereby modified to read as follows.
Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the end of the Construction Phase and shall continue to
occupy the Property as Borrower's principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not
be unreasonably withheld, or unless extenuating circumstances exist which are beyond
Borrower's control.
All other provisions in Paragraph 6 of this Security Instrument remain unchanged.
MULTSATE CONST cnoN LOAN RIDEt TO SECURt7Y INSTRUMENT-61,gb FMdq—:ow Yy Musary EMcce.
DOCUGCC-G3737-04 (07102) Page 4 of 5 ,� E E IV E D Farm 3737 11 a t
MAR 14 2018 RECEIVED
DCM WILMINGTON. NC
DCM- MHD CITY � 0 6 2018
BY SIGNING BELOW, Borrower and agrees to the terms and covenants contained .in
this Rider. - / '--)
DATED this 29th / d*4f /AugLstt_,(� , 2017
(Seal)
-B0=0W=
Caly& it, ti/t (Seal)
CARA M MYATT -Borrower
(SOW)
-Borrower
(Seal)
-Borrower
Witnesses:' j
STATE OF
COUNTYOFOOCO WiiVW � SS
On this 29th day of August , 2017 before me the
subscriber personally appeared CRAIG W. MYATT AND WIFE, CARA M. MYATT
to me ]mown and known to me to be the same person(s) described in and who executed the
foregoing instrument and (s)he/they duly
(s)he/they executed the same.
My Commission Expires: I) Notary P.M. p"
ATTENTION COUNTY CLERK This instrument covers goods that are or are fo �pcocu LlC
the Property described herein and is to be filed for record in the records wig
Instruments on real estate are recorded Additionally, this instrument should be npriately
are to become xtures on the Prot only as a Security perty SInstrument but also as a financing statement covering` o $ , I
operty described herein The mailing address of the 9
(Debtor) and Lender (Secured parry) are set forth in this Security Instrument a" . ell111\1\IeN\\
Mp�TT SATE CONSTRICTION LOAN RIDER TO SECURITY INSTRUMENT —Single Family—Fslne Mao HOMEsr t\ooe_
Forth 3737 11101
GCC-0737-05 (07102) Page 5 or 5
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2013
FIXED/ADJUSTABLE RATE RIDER
(LIBOR One -Year Index (As Published In The Wail Street Journal - Rate Caps)
LOAN# 100011730
THIS FD1ED/ADJUSTABLE RATE RIDER is made this 29th day of
August , 2017 , and is incorporated into and shall be deemed to
amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security
Instrument") of the same date given by the undersigned ("Borrower") to secure Borrower's
Fixed/Adjustable Rate Note (the "Note") to
First National Bank of Pennsylvania, National Bank
("Lender") of the same date and covering the property described in the Security Instrument and
located at
902 Bayshore Drive Wilmington, NC 28411
[Property Address]
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FD(ED
INTEREST RATE TO AN ADJUSTABLE INTEREST RATE. THE
NOTE LIMITS THE AMOUNT BORROWER'S ADJUSTABLE
INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE
MINIMUM AND MAXIMUM RATES BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender furiber covenant and agree as follows:
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 3.750 '/". The Note also
provides for a change in the initial fixed rate to an adjustable interest rate, as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay may change to an adjustable interest rate on the first
day of September , 2033 ,and the adjustable interest rate I will pay
may change on that day every 13th month thereafter. The date on which my initial fixed interest
rate changes to an adjustable interest rate, and each date on which my adjustable interest rate
could change, is called a "Change Date."
(B) The Index
Bunning with the first Change Date, my adjustable interest rate will be based on an
Index The "Index" is the average of interbank offered rates for one-year U.S.
dollar -denominated deposits in the London market ("LIBOR"), as published in The Wall Street
Journal. The most recent Index value available as of the date 45 days before each Change Date
is called the "Current Index," provided that if the Current Index is less than zero, then the
Current Index will be deemed to be zero for purposes of calculating my interest rate.
MULTISTATE F XEDIADJUSTA13LE RATE RIDERAN J ONE.YEAR LIBOR Single Family- FanNe Mae UNfoml Instument
Fpm 3187 6101 (eav, 8M 6) (AVe 1 or 4)
63147-01 (07116)
��r�.9VED
� 'i 4 2018
f 'ail- 9,H® CITY
RECEIVED
DCM WILMINGTON, NC
MAR 0 6 2013
If the Index is no longer available, the Note Holder will choose a new index that is
based upon comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO AND ONE QUARTER percentage points ( 2.250 %)
(the "Margin") to the Current Index. The Note Holder will then round the result of this addition
to the nearest one -eighth of one percentage point (0.125%). Subject to the limits stated in
Section 4(D) below, this rounded amount will be my new interest rate until the next Change
Date.
The Note Holder will then determine the amount of the monthly payment that would be
sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on
the !Maturity Dare at my new interest rate in substantially equal payments. The result of this
calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than
8.750 % or less than 2.250 %. Thereafter, my adjustable interest rate
will never be increased or decreased on any single Change Date by more than two
percentage points from the rate of interest I have been paying for the preceding 12 months.
My interest rate will never be greater than 8.750 % or less than the Margin.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of
my new monthly payment beginning on the first monthly payment date after the Change Date
until the amount of my monthly payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed
interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before
the effective date of any change. The notice will include the amount of my monthly payment,
any information required by law to be given to me and also the tide and telephone number of a
person who will answer any question I may have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL LVTEREST IN BORROWER
t. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under
the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read
as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in
this Section 18, "Interest in the Property" means any legal or beneficial interest in the
Property, including, but nor limited to, those beneficial interests transferred in a bond
for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or
transferred (or if Borrower is not a natural person and a beneficial interest in
Borrower is sold or transferred) without Lender's prior written consent, Lender may
YULT06TATE FIXEDfADJUSTAB E RATE MD6bWW 0N&Y61R U80R3'n01e Family. Fain Mae UNrmm Irsbunst
Form 8187 6101 (W. 6118) (PVe 2 of 4) -
03187-02 (07116)
RECEIVED
RECEIVED
VAR 14 2018 DCM WILMiNGTON, NC
m:rt 0 6 201II
DCAaJ_ iViHD CITY
require immediate payment in full of all sums secured by this Security htstruntent
However, this option shall not be exercised by Lender if such exercise is prohibited
by Applicable Law.
If Lender .exercises this option, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date
the notice is given in accordance with Section 15 within which Borrower must pay all
sums secured by this Security Instrument. If Borrower fails to pay these sums prior to
the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without farther notice or demand on Borrower.
2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under
the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described
in Section Bl above shall then cease to be in effect, and the provisions of the Uniform Covenant
18 of the Security Instrument shall be amended to read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" means any legal or beneficial interest in the
Property, including, but not limited to, those beneficial interests transferred in a bond
for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or
transferred (or if Borrower is not a natural person and a beneficial interest in
Borrower is sold or transferred) without Lender's prior written consent, Lender may
require immediate payment in full of all sums secured by this Security Instrument
However, this option shall not be exercised by Lender if such exercise is prohibited
by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes
to be submitted to Lender information required by Lender to evaluate the intended
transferee as if a new loan were being made to the transferee; and (b) Lender
reasonably determines that Lender's security will not be impaired by the loan
assumption and that the risk of a breach of any covenant or agreement in this Security
Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee
as a condition to Lender's consent to the loan assumption. Lender also may require
The transferee to sign an assumption agreement that is acceptable to Lender and that
obligates the transferee to keep all the promises and agreements made in the Note and
in this Security Instrument. Borrower will continue to be obligated under the Note
and this Security Instrument unless Lender releases Borrower in writing.
MULTISTATE FC(EDIADJUSTABLE RATE RIDER -WSJ One -Year UBDRSingle Famlly-Famle Mae Unifom+ InStnanent
Forth 3187 6101 (Page 3 of A)
G3187.03 (07116)
RECEIVED
'MAR 14 2018
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC
,vli,� 0 6 2018
If Lender exercises the option to require immediate payment in f4 Lender shall
give Borrower notice of acceleration. The notice shall provide a period of not less
than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument If Borrower
fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without further notice or demand on
Borrower.
BY SIGNING BELOW,
in this Fixed/Adjustable Rate
MYATT
CARA M MYATT
and agrees to the terms and covenants contained
-Borrower
-Borrower
MULTISTATE 19XEDIADJUSTABLE RATE RIDER -WSJ On yV UBORSinq,c .--emily-Fanrie Mae Unet truinanent
Farm 3187 6101 (per 4 of 4)
433187-04 (07116)
RECEIVED
MAR 14 2018
RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY
NC Division of Coastal Management
Major Permit Application Computer Sheet
AEC: Pages Creek / AIW W
Fee: $250 #10676
CDAITS ✓ MHC cc
Applicant: Craig Myatt _ _ -
AgenUContractor: Southeastern Coastal Construction Co., do Stephen Conway
Project Site County: New Hanover
Staff: Courtney Spears
District: Wilmington
Project Name: Myatt Docking Facility
Rover File: n/a
River Basin: Cape Fear
Initial date of application submittal: 3-6-18
Date application "received as complete" in the Field office: �41 Lit
Permit Authorization: CAMA ❑ Dredge & Fill ElBoth
SITE DESCRIPTIOWPERMIT INFORMATION
ORW: Yes No PNA: Yes ❑No
Photos Taken: Yes No❑
Setback Required (riparian): ❑Yes No
Critical Habitat: ❑Yes ❑No Not Sure
15 foot waiver obtained: []Yes No
Hazard tification Returned:
❑Yes �]No
SAV: ❑Yes Po ❑Not Sure
Shell Bottom: ❑Yes No [_]Not
Temporary Impacts: Yes [-]No
Sure
Sandbags: ❑Yes o U Not Sure
Did the land use I sification come
Mitigation Required (optional):
from county LUPYes ❑No
❑Yes []No
Moratorium Conditions:
Environment ssessment Done:
Length of Shoreline:
❑Yes []No[ INA
❑Yes ❑NoINA
((ption:
� FT.
Shellfish Area Designation:
Project Descri (code)
Development Area: (code)
Open -or- used
SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4)
❑ Future Water Supply (FWS)
Nutrient Sensitive Waters (NSW)
❑ Swamp Waters (SW)
High Quality Waters (HOW)
❑ Outstanding Resource Waters (ORM
WETLANDSIMPACTED
El (404) Corp. of Engineers (Jurisdictional
❑ (LS) Sea lavender (Limonium sp.)
El (SS) Olasswort (Salicomia sp.)
wetlands)
❑ (CJ) Saw grass (Cladium jamaicense)
El (SA) Sall marsh oordgrass (Spartina
❑ (SY) Salt reed grass (Spartina
altemifiora)
cynosuroides)
❑ (DS) Salt or spike grass (Distichlis
❑ (SC) Bullrush or three square (Scirpus
El (TY) Cattail (Typha sp.)
spicata)
sp.)
❑ (JR) Black needlerush (Juncus
El (SP) Salt/meadow grass (Spartina
roemerianus)
patens)
APPLICATION FEE
❑ No fee required - $0.00
III(A) Private w/ D&F up to 1 acre; 3490
El III(D) Priv. public or Comm wl D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
❑ Minor Modification to a CAMA Major
❑ Major Modification to a CAMA Major
❑ IV Any development involving D&F of
permit - $100
permit - $250
more than 1 acre - $475
❑ Permit Transfer - $100
III(B) Public or commercial w/ D&F to 1
Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request -
❑ ll. Public or commercial/no dredge
RECEIVED
$1
and/or fill - $400
I. Private no dredge and/or fill - $250
III(C) Priv. public or Comm w /D&F to 1
MAR 1 4 2018
acre; 4144 can be applied; DCM needs
DWQ agreement - $400
DGM- MHU Ul I Y
Craig Myatt
Date: 3-6-18
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
PIZ
New Work
Replace
Maint ❑
❑ V N
New Wo
Replace
Maint ❑
❑ Y N
�'S
(
New WorkT
Replace
Maint ❑
❑ Y V N
ZRI
*
IMaint
❑
❑ Yace N
j
I
New Work ❑
Repla
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
New Work ❑
Replace
Maint ❑
❑ Y ❑ N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft
FINAL 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
temp impacts)
impact amount)
temp impacts)
amount
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
Dredge ❑ Fill ❑ Both ❑ Other ❑
919.733-2293 :: 1-8884RCOAST :: www.necoastalmanaaement.net revised: 10112/06
Major Permit Fee Schedule
K ja+ County: N WV }-t"0V{X Check No & Amount: JC((p__te
25rJ
DCM %
DWQ %
Development Type
Fe
(14300160143510009316256253)
(2430016024351000952341)
I_ Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or open water
areas-
$250
100% ($250)
n ($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 AA C, or 0 below applies:
111(A). Private, non-commercial
development, if General Water Quality
Certification No. 4144 (See attached) can
be applied
$250
100% ($250)
0% ($0)
III(B). Public or commercial development,
if General Water Quality Certification No.
.144 (See attached) can be applied:
$400
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 4144 (see attached)
could be applied, but DCM staff
determined that additional review and
written DWQ concurrence is needed
because of concerns related to water
natty or aquatic life-
$400
60% ($240)
40% ($160)
III(D). If General Water Quality
Certification No. 4144 (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% ($2$5)
40% ($190)
°�IAK 14 2018
RECEIVED
DCM WILMINGTON, NC
%MHD CITY
MAR 6 6 2010
Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. d
Received
Deposited
Permit Holder
Number
amount
Number/Comments
3/7/2018
Southeastern Coastal
Craig Myatt
South State
10676
$250.00
major fee, 902 Bayshore
CS rct. 5822
Construction
Drive, Wilm NHC NO split
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I, PATRICK C. BRISTOW, CERTIFY THAT THI5 PROPERTY WAS SURVEYED AND MAP DRAWN UNDER MY SUPERVISION: N i
DESCRIPTION AS SHOWN ON THE FACE OF THIS PLAT; RATIO OF PRECISION AS CALCULATED BY COMPUTER `��1111CA I ���q,,� � o
15 1: I0,000+; THAT THE BOUNDARJE5 NOT SURVEYED ARE SHOWN BY BROKEN UNE5 PLOTTED FROM ����A.. ..........
O(� 4�� �q(f pR "++5 E 9
INFORMATION REFERENCED; THAT THIS PLAT WAS PREPARED IN ACCORDANCE WTH THE STANDARD5 OF v ' Ew( s
�:
PRACTICE FOR LAND SURVE 1NG IN NORTH CAROUNA- (21 NCAC 56.1604); WITNESS My ORIGINAL SIGNATURE, i S E A L
LICEN5URE NUMBER AND SEAL TH15 18TH DAY OF DECEMBER A.D. 2017.
,- Q /+ .'.• L-4148 .O ` cr �ryORf
AZ
3
NOTE: THI5 LOT IS LOCATED 'i��C """"'
IN 20NE5 5HADED X 4 AE (EL. 10) A5 PER '11C��`` 4 SITE
''i„k
PATRICK C. BRISTOW MAP # 37203 1 G500 J 118Rm CANAL
N.C. PL5 No. L-4148 \ COMMUNITY ID # 370168 LOCATION MAP
DATED: APRIL 3, 2006
\ \ a NOT TO SCALE
FLOATING \ q(/GNM s SURVEY REFERENCE
DOCK MAP BOOK 9 PAGE' */s of `,3 S i � MAP BOOK 61 PAGE 176
RAMP PIFRy C �{'P \ ChgNN p DEED BOOK G084 PAGE 171 1
as, '!
IER
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.< m !°:1✓ S" -� �RIPARIAN LINE
V " �. i •/ N FLOATING
AnATII\ DOCK
NOTE: PIER LENGTH AND WATER
DEPTH TO BE REVIEWED BY
COASTAL MANAGEMENT
LINE TABLE
LINE
LENGTH
BEARING
L 1
0.52
582022'50"W
L2
27.58
557°5 I' 13"W
L3
11.06
508057'23"W
L4
22.84
534031'24"W
L5
12.89
522017'56"W
L6
25.27
550°24'40"W
L7
22.20
565'00' 14"W
N/F RYAL5
LOT 185
DB 1553 PG 900
FLOOD ZONE BOUNDARY FROM NHC
ONLINE G.I.S. d FIRM PANEL REFERENCED
h�
P. �h
LI /
30'CAMA /
BUFFER /
r`
06
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SOFT
FIER,
-NORMAL HIGH
WATER
(BY 5URVEYOR) \
/ \ ZONE
/ SHADED AE (EL. 10)
ZONE X \
m
N
5URVEYED LOT 15 5U13JECT TO ALL
1 .! ,Y EA5EMENT . PC5 ,jC-r;O1 3
OR COVENANTS OF RECORD.
N/F 5HEPARD
LOT 183R
DB 593G PG 261 9
UPLAND IMPROVEMENTS
NOT SHOWN
\
W
\
THI5 MAP AND FIELD 5URVEY WERE MADE
N
\ SHADED
FOR THE EXCLUSIVE U5E OF THE PERSON,
m PERSON5, OR ENTITY NAMED IN THE
ZONE X
\
m CERTIFICATION HEREON AND MAY BE U5ED
00
BY 5AME FOR ANY PURP05E REQUIRED
m
ZONE
Z IN FURTHERANCE OF THEIR (IT5) NEED5 AS
N
\
PS REGARDS TITLE, PERMITTING OR
AE (EL. 10)
\
INSURANCE REQUIREMENTS OF ANY PUBLIC,
PRIVATE OR GOVERNMENTAL AGENCY.
. — - _ _ _ _ _ _ _I N76°19'30"E \ j
q
I 100.00' \I N 13°38'45"W
S 13 "30.00' -�j BAY 5HORDRIVE 130.00'
� PUBLIC R1w
N76° 1930"E 100.00' 1 576° 19'30"W
RIPARIAN SURVEY FOR
C I�AI G MYATT CAA MYATT
LOT 184 SECTION 5 BAYSHORE ESTATES
HARNETT TOWNSHIP NEW HANOVER COUNTY, N.C.
v u rrtwLl PD gTnnum MIAJM MCt 5 LOT 184U-PO2 BAY5HORE DR RIPARIAN.dwg
LEGEND
DECEMBER, 18, 2017 0.487 AC. ± O = EXISTING IRON PIPE
= CENTERUNE
40 D 20 40 80 El= CONTROL MONUMENT
I I I I 1 0= EXISTING IRON ROD
1 0= SURVEY NAIL
I INCH = 40 FEET
150.00' (TIE)
RECEIVE
MAR 14 2018
DCM- MHD
PATRICK C. BRISTOW
LAND SURVEYING, PC
4113-A OLEANDER DRIVE
W11 MINGTON, N.C. 28403
(910) 791-1500 (KI) (910) 791-1504 (FAX)
B-MAIL: pet@bristoms ying.mm
FIRM LICENSURE NO. C-3071