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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 (!1 T1 F C o s c� a L4 re 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 7017 0530 0000 9567 1777 P � ❑0000�"' ��¢933p e M YE 3, M 9 x� w �q 9 c =O co m ro 09i 8e 00 7017 0530 0000 9567 1784 oeraz pN• v 0 n A N m 0 M v N m �n v 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 5typQr� py4`S E M 0 UPDATED 5/3/2018 4:40 PM 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: OD, L � jv PhoneI(I• f ZS� Tow 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, NORTH CAROLINA - smgic r.®y- r - mTyoomk n tmmorw mirac w rem J vol G7034-07 (NO) (Page 7 of 19) RECEIVED MAR 14 201B DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAR 0 6 2018 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 NORTH CAROLINA-swph r®iy-Funk xxaFmm dune uN=Rm nuntumm rmm x34 voi G?Ycrl t� (page Bcjl9) RECEIVED MAR 14 2018 RECEIVED DCM WILMINGTON, NC DCNI- MHD CITY MAR 0 6 2018 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 NORTH CAROLINA—USk ray- Fe..x nLdnvdek., m &M nsran, ra,m saw wr G3034-09 (0009) (Page 9 of 19) RECEIVED DCM WILMINGTON, NC !VAR 0 6 2018 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. NORTH CAROUNA -Smgk rmay-UMFORa nssraunwr F. wan voi G3034-10 (0009) (Page 10 of 19) RECEIVED RECEIVED MAR 14 2018 DCM WILMINGTON, NC DC►M- MHD CITY MAR 0 6 2018 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. NORTH CAROLII6A-sw*F.may-Fa m=wredmcn uKwoa a+srstaavr Fvr 3W vrn G3034-11 02/13) (Page II of 19) RECEIVED DCM WILMINGTON. NO MiAk 0 6 018 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. NORTH CAROr INA — Serk Fmily —F c INSMUr F« U34 Vol G303412 (0009) (Page 12 of 19) RECEIVED RECEIVED MAR 14 2018 DCM WILMINGTON, NC MAR 0 6 2018 DCM- MHD CITY 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 NORTH CAROIXL A — Sm& F® y - Fume `4eoTn c M UNIFORM VMUF Farm 304 VN G3034-13 (0009) (Page 13 of 79) RECEIVED DCM WILMINGTON. NC WAR 0 6 M8 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 NORTH CAROLINA — S.Lk F, *— Fan 3fa,/Fr"ddts t UN6'ORM HiS RUM T Fe 3034 1101 G3034-14 (0009) (Page 14 of 19) RECEIVED MAR 14 2018 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC MAR 0 6 2018 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 NORTH CAROLINA — S�Ik r,m,y - N> UNu01M roan cox Vol G3034-15 (0009) (Page f5 of 19) RECEIVED MAR 14 2018 RECEIVED DCM WILMINGTON, NC IV, i+n 0 R 7018 ()CM- MHD CITY 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 C ~ LV U N > ❑_ W� rl U W � U 2-►z -�8�, 1 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 o / � .< 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 r o � O O / 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