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HomeMy WebLinkAbout107-17 Nautical Club COAPermit Clags NEW Permit Number 107-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 Nautical Club COA PO Box 4455 Emerald Isle, NC 28594 Authorizing development in Carteret County at within Botrue Sound, adjacent to 1550 Salter Path Rd. in Salter Path as requested in the permittee's application dated 7/17/17, including attached workplan drawings (5) all dated 6/22/17. This permit, issued on September 7, 2017 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. Kayak Launch 1) This permit authorizes only the kayak launch, 20-foot x 13-foot floating dock, and 20-foot x 4-foot gangway, 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 kayak launch without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) This permit does not authorize any formalized boat slips. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2020 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 Commission. ixtont.'Davis, Director of Coastal Management This permit and its conditions are hereby accepted. Signature ofPermittee I Club COA ADDITIONAL CONDITIONS Permit No.' 107-17 Page 2 of 2 permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. A Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent ctors shall be attached to the structure in order to make it more visible during hours of darkness or ;went weather. attempt shall be made by the permittee to prevent the full and free use by the public of all navigable ers at or adjacent to the authorized work. General permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the en approval of the Division of Coastal Management. he permittee shall maintain the authorized work in good condition and in conformance with the terms id conditions of this permit. The permittee is not relieved of this requirement if he abandons the :matted activity without having it transferred to a third party. permittee and/or his or her contractor shall meet with a representative of the Division prior to project This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2017-01668). The N.C. Division of Water Resources has authorized the proposed project under General Water Quality Certification No. 4085 (DWR Project No. 2017-0977), which was issued on 8/24/17. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 808-2808 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $400 was received by DCM for this project. A. ON NP-1 �1 ' 1 a WIN APPLICATION for Major Development Permit (last revised 12I27106) 03 - -I 3 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Last Name Applicant 1: First Name MI Applicant 2: First Name - MI Last Name If additional applicants, please attach an additional page(s) with names listed. _ Mailing Address PO Box City State ZIP I Country Phone No. '"^.�r� Z - 3 W 323 � FAX No. - - Street Address (if different from above) 55 S city ISAU"l-kol I State tuc ZIP V595 Email 2. Agent/Contractor Information Business Name I RECEIVE Agent/ C&Yaactor 1: First Name MI Last Name Agentl Contractor 2: First Name MI Last Name s" 1 Mailing Address PO Box I City State ZIP n S 10 Phone No. 1 2SI-7%3- ()-7Q3"d- Phone No. 2 ext. FAX No. Dntracbo # TT V Street Address (if different from above) City State ZIP Email ' O` RECEIVE <Form continues on back> JUL 19 2017 u /(3 P 00, 00ro DCM- MHD CITY 252.808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address j 5S O saaEe ftl-i i- eD. Stale Rd. # Uc 5� Subdivision Name City State Zip AM � - 2srls- Phone No. // ��,{{ 252 - -ly✓ ext. Lot Lot No.(s) (if many, attach additional page with list) cif I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project !! Ins c. Isthewater body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. MfJ//alural ❑Manmade ❑Unknown e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed IjYes [:]No work falls within. C 4. Site Description . a. Total length of shoreline on the tract (ft.) 3,67 `1 b. Size of entire tract (sq.ft.) �t�.Ugs .IFr- c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (Nmany lot sizes, please attach itional page with a list) WNHW or ❑NWL r ) e. Vegetation on tract f. Man-made features and now on tract RECEIVE JUN 2 9 201 g. Identify and describe the existing land uses da scent to the proposed project site. ( d..%/ z DCM- MHD D Koh t t ecarK ei s4) h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? a �77 (Attach zoning compliance certificate, if applicable) ❑Yes []No V l PA A j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes k Has a professional archaeological assessment been done for the tract? tt yes, attach a copy. Dyes QINo ❑NA (t'' If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it Involve a ❑Yes o ❑NA National Register listed or eligible properly? <Form continues on next page> JUL 19 2017 E ITY D 252-808.2608 :: 1-888.4RCOAST :: www.nccoastaimanagement.net 1' Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? Oyes EA0 (ii) Are there coastal wetlands on the site? ❑Yes (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment faciliti9S. U// pS '5 ur'W /- o. Describe existing drinking water su ply source. p. Describe existin stone water man ement or treatment systems. h ld 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment 91'rivatetCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. ?7e Cc k $8zwb� ^b � �G.�t`Ce:r"' J (Lc� ya Le, ,*I ejl be used during construction, the number of each e c. Describe the proposed construction meth����5tlidddddology, types( of construction equipme typ of equipment and where it is to be sto ID Ham. e9 ti t� Ar%„ 4' ja4k iV s�fi 2r. d. List all development activities you propose. '+s' ... ED V'Pk of cCe 55 4.0 w`4-Aer 5a� UN 22 9 2 u•w.i�el` t �,� e. Are the proposed activities maintenance of an existing project, new work, or both? — S I"$ F.s i y t r: C- LJwu f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres © :1r (' g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes b2t ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. JfA 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes rk ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? ❑Yes Mo ❑NA If yes, attach a mitigation proposal. <Form continues on back> RE EIVED JUL 19 2017 252-808.2808 :: 1.888.4111COAST :: www.ncr:oastalmanagementD M- MHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) 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 dead (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. Name AMM..I E Phone No.a — y Address 151l FAkaMtnW60 9Z 01P—%MCfI{3� ,NC2' jg3r� Name pil wNp� r �r� Phone�t No. ' ) - in U — qn 3 Addmss4'1 ) 1 G �c—rm �Cj{I,N,\- Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permimee, and issuing dates. h. Signed consultant or agent authorization form, V applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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 monitoring of the project. I further certify that the information provided in this applicat ful )p the b t of my knowledge Date % - 7 - % 7 Print Name � ' AN 2 Signaturec " r ox✓ DCWu,. WND CITY Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED JUL 19 2017 ITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanaaement. net 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 ❑Public/Government Private/Community c_ (1) Dock(s) and/or p er(s) (ii) Number s (iii) Length 1 (iv) Width (v)Floating L�l�es �jNo e. (i) Are Platforms included? Ayes []NO If yes: (n) Number 0 (iii) Length/ (iv) Width r �,J•1 (v) Floating yYes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed (ii6mber of slips existing i. Check the proposed type of siting: ❑ Land cut and access channel []Open water; dredging for basin and/or channel Ippen water; no dredging required ❑Other; please describe: - — 1 k. Typical boat length: lr� m. (i) Will the facility have tie pilings? ❑Yes 7*4o (ii) If yes number of tie pilings? ❑This section not applicable b. (i) Will the facil y be open to the general public? ❑Yes 6 Jo d. (i) Are Finger Piers included? ❑Yes R o If yes: (ii) Number _ (iii) Length _ (iv) Width — (v) Floating ❑Yes []No f. (i) Are Boatlifts included? ❑Yes YNo If yes: (ii) Number (iii) Length _ (iv) Width _ RUIENED JUN: 2 9 2017 DCM- WND CITY h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: _ ❑ Dry storage; number of boats: _ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). � I. (i) Will the facility a open to the general public? ❑Yes o RECEIVED JUL 18 2017 DCM- MHD CITY 262-808-2808 :: 1-888.4RCOAST a www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ?This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ 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 discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. MHD CITY (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed 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. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promde boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? RECEIVED m. Is the marina/docking facility, proposed within a primary or secondary nursery area? ❑Yes []No JUL 19 2017 252.808-2808 :: 1-888-4RCOAST :: www.nccoastaimanaaement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetiandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL []None p. Is the proposed marinaldocking facility located within or within dose 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. 3. BOATHOUSE (including covered lilts) $This section not applicable a. (i) Is the boathouse stmcture(s): / ` ❑Commercial ❑Public/Govemment ❑Private/community '-' _ E ED (ii) Number (III) Length — g `0 17 (iv) Width — Note: Roofed areas are calculated from ddpline dimensions.CILTY p g 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) Orhis section not applicable a. (i) Number — (ii) Length (iii) Width — 5. BREAKWATER (e.g., wood, sheetpfle, etc.) -jahis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS �(�jj, his section not applicable a. Isthestructure(s): . b. Number _ ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline — d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, it present. e. Arc of the swing _ 7. GENERAL RECEIVED JUL 19 2017 DCM- MHD CITY 252-808-2808 :: "88-4RCOAST n www.nccoastalmanavement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines 1 Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body — RPPfcyje i w: c '-V .Z'zwn e. () Will navigational aids be required as a result of the project? ❑Yes fgNo ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 41-cy9 1 tsI d. Water depth at watemard end of structure at NLW or NWL 8. OTHER AThis section not applicable a. Give complete description: G' / — Date / n /V'aw/%rz Project Nwne Applicant Naammee/ 0 f�/J Applicant Signature JUN 2, 9 2017 DCM.- MiND CITE' RECEIVED JUL 19 2017 DCM- MHD CITY 252-808.2808 :: 1-888-4RCOAST :: w .nccoastalmanaaement.net revised: 12/27/06 6/27/17 Project Narrative The purpose of this kayak launch system is so that people can easily and safely launch their kayaks. Doing so with our system will prevent potential injuries from launching kayaks using the pre-existing boat ramp. Our launch system will be installed 15' to the right of the boat ramp. A 20' x 4' gangway provides access to the 19'8" x 13' floating dock section. People will be able to safely walk around, and prepare / launch their kayaks. Construction consists of pile driving four 21', 2" schedule 8o galvanized pipes through four brackets that attach to the floating dock sections. The pipes will be covered with white PVC sleeves and white PVC caps to prevent the pipes from weather conditions, as well as for cosmetic appearance. The dock sections and kayak launch attach to each other using coupler sets. The launch will attach to the right side of the docks. The gangway attaches to the shoreline via an abutment kit. The end of the gangway will have a roller kit that allows the gangway'to adjust to the changing water levels. RECEIVED JUL 19 2017 DCM- MHD CITY fNi X o c,-Sf —3a� Au�3W 0 E E1 ED ;w 1 CITY v ZJUL 19 2017 L DCM- MHD CITY L 7�9r Q.41 e --, 19 -: cGo �� to ICJ' CUT c);� ccI C Co�Ek ` �p W U > o N W U IX C boclue D CLT 7 35' )"C Zg5r75 cp122.1 I ri Z*-Pw\NC.ZT 5" 7,c�k 2 N DCM Coordinator: VZ sZ, `" Permit #: l07-t 7 Permitee: DCM Field Offices Elizabeth City Morehead City Washington Wilmington US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET-- _ z�y l/C Z85'/CD (with revised work plan drawings) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Peletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Tyler Crumbley (Brunswick, New Hanover) Liz Hair (Carteret, Onslow_ Brad Shaver (NCDOT-Brunswick New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earle Public Water Supply: Heidi Cox (WIRO)j `Clif Whitfield (WARO) Marine Fisheries: Shane Staples Curt Weychert 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- (NCDOT-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: LPO: Fax Distribution: Maria Dunn (WARD) _-- Permittee #: Agent#. Coastal Management ENVIRONMENTAL QUALITY September 11, 2017 Nautical Club, COA P.O. Box 4455 Emerald Isle, N.C. 28594 Dear Sir or Madam: 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 150B 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. Enclosure Sincerely, O��""`-' 4 y/ A Douglas V. Huggett Major Permits Manager N.C. Division of Coastal Management State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 8082808 6/26/2017 Go gle Maps 1550 Salter Path Rd ,sae ,zsa u (7,1, Broad Creek Begun Sound Outstanding Resource Water Emerald Isle er p r� n <.- m n = m m t 1550 Salter Path Rd - Google Maps nrr Wildwaad I )u' `zl r•/ `�� Morehead 01, BngueSound meth a Mechamcai g.g I , Harvesting L./1V of Oysters... Irlorh Cal olma Aqualull - -r) a Pme'K;,nil es' Pine Knoll - Auannr, Beach Rt t55a Salter Path Road Ind0.m Beach it Go gle Map data ©2017 Google 1 mi t r https://www.google.com/mapstplace/1560+Seller+Path+Rd,+AUantic+Beach,+NC+28512l@34.6981047, 76.8435177,12.78ztdata=!4m5l3m4!lsOx89a8edf2dbl3faal 0x3829dda6a817ebic!8m213d34.6... 1/2 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Nautical Club COA County: Carteret LOCATION OF PROJECT: Within Bogue Sound, adjacent 1550 Salter Path Rd., (NC Hwy 58) in Salter Path. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 07/24/17 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES FIELD REPRESENTATIVE: Brad Connell DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 400.00 (100%) PUBLIC NOTICE REC'D: 8/6/17 END OF NOTICE DATE: 8/31/17 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: _Gregg Bodnar ON: 8/1/17 C)75 DAY DEADLINE: 10/7/17 150 DAY DEADLINE: MAIL OUT DATE: 8/l /17 STATE DUE DATE: 8/21/17 FEDERAL DUE DATE: FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY f771 OBJECTION S: YES NO NOTES Coastal Management - Regional Representative ! ,Wpf6l- Coastal Management - LUP Consistency k Division of Community Assistance �HII K DEMLR Division of Water Resources LAO 8 741 7 1 e6 4'165' 20l —04'I Storm Water Management State Property Office g t Division of Archives & History Division of Environmental Health 8 N 1 Division of Highways Wildlife Resources Commission Local Permit Office Division of Marine Fisheries N Corps of Engineers C'mill x ROY COOPER N-1 . r-0- Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM DATE: July 27, 2017 TO: Gregg Bodnar THRU: Roy Brownlow 0� FROM: Brad Connell %C' MICHAEL S. REGAN BRAXTON C. DAVIS SUBJECT: Comments and Recommendations - CAMA Major Permit —Nautical Club COA, Pamlico County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal shades 400 square feet of open water. These waters of Bogue Sound are open to shellfish harvest. This waterbody is not a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, I recommend the project be authorized as proposed, contingent upon the following conditions: 1) There are no boat slips authorized; 2) 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 non -water dependent uses of structures may be conducted on, in or over public trust waters without permit modification; 3) The piers 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, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge; 4) No attempt will 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; 5) The permittee will 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 abandons the permitted activity without having it transferred to a third party. CC: Roy Brownlow, DCM Nothing Compares State of Notch Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T t.H Coastal Management ENVIRONMENTAL QUALITY August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Rachel Love-Adrick Division of Coastal Management Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. _ REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the _project only if the recommended changes are incorporated. See attached. Th' e to the project for reasons described in the attached comments. SIGNED DATE 2 !� Nothing Compares State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM TO: Gregg Bodnar, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner Division of Coastal Management SUBJECT: Major Permit Application by Nautical Club COA DATE: August 2, 2017 ROY COOPER Gwvm.' MICHAEL S. REGAN Seeman BRAXTON C. DAVIS Director Consistency Determination: The request is consistent with/not in conflict with the Town of Indian Beach Core Land Use Plan certified by the CRC on November 20, 2007. Overview: The applicant is requesting to construct a kayak launch and floating platform for private use by the condominium owners at 1550 Salter Path Road, Indian Beach, Carteret County, North Carolina. Existing site improvements include: condominiums, bulkhead, dock and boat ramp. Vegetation mainly consists of lawn grasses. Bogue Sound is classified as SA/ORW, is not classified as a Primary Nursery Area (PNA), and is open to the harvesting of shellfish. There is no SAV present near the project area. The subaqueous substrate is firm with shell. There are no cultural resources in the nearby vicinity of the project area. Anticipated impacts: The kayak launch and platform will shade 400 sq. ft. of Public Trust Area. Basis for Determination: The project site is located in Carteret County and is subject to the 2007 Town of Indian Beach Core Land Use Plan. The Future Land Use Map (FLUM) designates the site as Multi -Family Residential. The following LUP policies may be applicable to this request: P.46, pg. 115: The town supports the guidelines of the Coastal Area Management Act, the efforts and programs of the North Carolina Department of Environment and Natural Resources, Division of Coastal Management, and the Coastal Resources Commission to protect the coastal wetlands, estuarine waters, estuarine shorelines, and public trust waters of the town. Nothing Compares. _ State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 1252-247-3330 (fax) t Coastal Management ENVIRONMENTAL QUALITY August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant. '`Project Location: Proposed Project ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director Lee Padrick Division of Community Assistance Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd INC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indtcate,below your agency's posilion.or viewpoint on the proposed project and return this form by August2l; 2017: If you have any questions regarding the proposed project, please contact Brad Connell, Permtt officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is -requested ' ;REPL3 This agency has no objection to the project as proposed. "Phis 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. DATE — i 7 -57-�Nothing Compares + - . StatioMorthCamOna I EnvlmnmentalQuality l Coastal Management Morehead Clry Office 1400CommeScl Avenue I Moreheadaty.NC 28557 r Cgftstalhfatiitg�tlzervt . ENVIRotifl2NTl�G.fi[IALthy! August 1,.2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED AUG 0 41017 OCM•Flaherles WARO Shane Staples Division of Coastal, Management Gregg Bodnar Major Permits Processing'Coordinatoi CAMA/DREDGE & FILL Permit Application Review Nautical Club COA ROY COOPER Cokel'nor MICHAEL S. REGAN seaergry BRAXT.ON C, DAVIS Director Carteret County; within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: �hgency has no objection to the project as proposed. gency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agent object to the project for reasons described in the attached comments. SIGNED DATE._ othtng Compares_..,. State ofNorth.Camlina I DwImmmemal Qpalty I Coastal Management Morehead CllyOfflce 140OCominerdehvenue I. Morehead'oty,NC 28557 252.8082808 Coastal Management ENVIRONMENTAL QUALITY ROY COOPER co✓ernor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director l.l�.0S•o5• L�I August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Maria Dunn NC Wildlife Resources Commission Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposed Project: Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. AUG 16 2017 This agency has no comment on the proposed project. DCM- MHD CITY 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 DATE $ ? - ►� Nothing Compares_-� , State of North Carolina I Environmental Quality l Coastal Management RECEIVED Morehead Ctty Office 1 400 Commerce Avenue I Morehead aty. NC 28557 DCM WILMINGTON, NC 2528082808 AUG 07 2017 K�` r.-O. Coastal Management ENVIRONMENTAL QUALITY August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: ROY COOPER Covunor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director Local Permit Officer Carteret County Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: —711� This agency has no objection to the project as proposed. AUG 0 7 2017 SIGNED This agency has no comment on the proposed project. DCM_ MHD CITY 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. C DATE �J I Nothing Compares... State of North Carolina I Environmental Quality J Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 AUG 0 3 2017 Coastal Management ENVIRONMENTAL QUALITY August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: CE�V, f, g3 - 2 26V I U atlonal Shellfish Sanitatiol E -•=--e Water auali:y Shannon Jenkins Shellfish Sanitation Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Oo✓error MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director RECEIVED AUG 0 8 2017 DCM- NIHD CITY CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed. y 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 I/ DATE toq 11 `fbe­ sIvnnovl JC4MnS Nothing Compares. — State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 89 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 14, 2017 Regulatory Division Action ID No. SAW-2017-01668, General Permit No. 197800056 Nautical Club COA Attn: Mr. Robert Blevins Post Office Box 4455 Emerald Isle, North Carolina 28594 Dear Mr. Blevins: Through coordination with the North Carolina Division of Coastal Management, we have learned of your request to install a new kayak launch for private use at 1550 Salter Path Road, (NC Highway 58), adjacent to Bogue Sound, in Salter Path, Carteret County, North Carolina. Coordinates are: 34.68936 N,-76.89656 W. Your proposal continues to be consistent with the provisions and objectives of general permit No. 197800056 (copy enclosed), The permit is hereby modified. It is understood that all other conditions of your permit remain applicable. The expiration date of your DA permit is 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 agencies before beginning work. -2- Thank you for your time and cooperation. If you have questions, please contact Ms. Liz Hair,, of the Wilmington Regulatory Field Office, telephone: (910) 251-4049. de r n egulatory Field Office Enclosure: Plans GP 56 conditions Manatee Guidelines Copy Furnished (w/enclosures): EZDock Solutions Attn: Mr. David Anderson 5568 Highway 70 West, Suite C Newport, North Carolina 28570 Electronic copies (w/o enclosures): Ms. Karen Higgins/NCDEQ/DWR Ms, Heather Styron/NCDEQ/DCM Mr. Robb Mairs/NCDEQ/DWR Mr. Greg Bodnar/NCDEQ/DCM Mr. Doug Huggett/NCDEQ/DCM Mr. Brad Connell/NCDEQ/DCM Coastal Management ENVIRONMENTAL QUALITY August 1, 2017 ME RANDUM: Frlm: SUBJECT: Applicant: ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Uirettor DECEIVED AUG 14 2017 IFCJ� Jlk DCM- MHD CITY 2017 Dan Sams BY. Division of Energy, Mineral & Land Resources—`` v Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Project Location: Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposed Project: Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project aqd return this form by August 21, 2017. If you have any questions regarding the proposed project, please-fontact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 4— 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. � r SIGNED DATE 17 Nothing Compares_ State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 252 808 2808 r- ,a, r CnciStal lNdlttrgemehr• ENK190NMEMAL'OUA}Ity August 1, 2017 ME RANDUl: C.I n lull 1 /1 V FR M: 6Yt1_t i K W Applicant: Project Location: Proposed Project: rAUB i.0 E1 1 0'3 2017 NI:r Georgette Scott Division of Energy, Mineral; & Land Resources Gregg Bodnar. Major Permits Processing Coordinator RO.Y COOPER Coverrwr MICHAEL S. REGAN Seeretory BRAXTON C. DAVIS Dlredror CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21., 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requegted. REPLY: t/ This agency has no objection to the project as proposed. 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 Q DATE/ 7 Nothing Compares State&North Carolina I Envlmnmemal QuaBty. I Coastal Management MoreheadOtyOfftce 1400CammemeAvenue I Morehead Qty,NC 28W 2528082808 Coastal Management ENVIRONMENTAL QUALITY August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED AUG 0 2 2017 DOA STATE PROPERTY OFFICE Tim Walton State Property Office Gregg Bodnar Major Permits Processing Coordinator ROY COOPER 0overnor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. / /� 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 o the project for reasons described in the attached comments. SIGNED DATE _ lisk RECEIVED / Nothing Compares AUG 1.6 2017 State of North CaroOna I Environmental QualhyCoastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 2528082808 DCM- MHD CITY Coastal Management ENVIRONMENTAL QUALITY August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Heidi Cox Public Water Supply Gregg Bodnar Major Permits Processing Coordinator ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director M 03 1V;k;! 17olly ?01?O. /'1 & to, wa�rS, p%il CAMA/DREDGE & FILL Permit Application Review Nautical Club COA Project Location: Carteret County, within Rogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposed Project: Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: V This agency has no objection to the project as proposed. 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 ll �- DATE S / R Nothing Compares AUG 2 2 Z017 State of North Carolina I Environmental Quality l Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, NC 28557 11',.{ p CITY 2528082808 DCM- M t tip nJn� Coastal Management ENVIRONMENTAL OVAIITY August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project. Location: Proposed Project: AUG 0 2 2017 Renee Gledhill -Early NC Department of Cultural Resources Gregg Bodnar Major Permits Processing Coordinator CAMA/DREDGE & EILL Permit Application Review Nautical Club COA ROY COOPER Goyernor MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director ""41W 8-n- 17 tG1V' L81I1. Carteret County, within Bogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017: If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. _ REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED P "gQtiPl DATE�� Nothing Compares State of North Carolina I Environmental Quality I Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead Oty, NC 26557 2528082808 AUG 0 9 2017 Bodnar, Gregg From: Mairs, Robb L Sent: Friday, September 01, 2017 1:39 PM To: Bodnar, Gregg Subject: Re: Nautical Club COA G regg, This was issued on 8/24/2017 through our GC 4085 and DWR #20170977. It is on Jim's desk for his signature, which he'll be on tues. Thanks and hope you have a nice holiday weekend. M.. From: Bodnar, Gregg Sent: Friday, September 1, 2017 11:56:55 AM To: Mairs, Robb L Subject: Nautical Club COA Hey Robb, You had mentioned that you might be able to finish off this one this week. Forgot to ask during the CHPP meeting. Any luck? Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 215 office Gregg. Bodnar(ancdenr.00v 400 Commerce Ave Morehead City, NC 28557 Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. 1 / :N C,oamiikladogeinent ENVIRONMENTAL QUALITY, August 1, 2017 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVEDINCDENR/DWR AUG 03.2017 Water Quallty Regional WiingPeratiOns Section gton Regional Office Robb Mairs Division of Water Resources Gregg Bodnar Major Permits Processing Coordinator RO.Y COOPER Covarnor MICHAEL $.,REGAN Sezretnry BRAX:TON C. DAVIS Director CAMA/DREDGE &FILL Permit Application Review Nautical Club COA Carteret County, within Rogue Sound adjacent to 1550 Salter Path Rd (NC Hwy 58), in Salter Path. Proposes to install a kayak launch for private use within Bogue Sound. Please indicate below your agency's position or viewpoint on the proposed project and return this form by August 21, 2017. If you have any questions regarding the proposed project, please contact Brad Connell, Permit officer at (252) 808-2808. Ext. 214. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed.% This agency has no comment on the proposed project. UI This agency approves of the project only if the recommended changes are incorporated. See attached. c his agency objects to the project for reasons described in the attached comments. SIGNED f =C�' DATE Nothing Compares State of North Carolina J EnvironmentaYQuality I Coastal Management Morehead City Office 1400CommerceAvenue I Morehead Oty,NC. 28557 252808280E Water Resources w Environmental Quality August 24, 2017 Nautical Club COA Attn.: Robert Blevins P.O. Box 4455 Emerald Isle, NC 28594 ROY COOPER Governor MICHAEL S. REGAN Secretory S. JAY ZIMMERMAN Director Carteret County DWR Project: 20170977 a Subject Property: Kayak launching facility "" -PERMI Approval of 401 Water Quality Certification wit dons Pondi ons Dear Mr. Blevins, You have our approval, in accordance with the attached conditions and those listed below to construct a private kayak launching facility within Bogue Sound as described within your application received by the Division on August 3, 2017. After reviewing your application; we have decided that the impacts are covered by General Water Quality Certification Number 4097 (GC 4097). You should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: hq://i3ortal.nedenr.org/web/Wti/svn/ws/401/certsandnermits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total: fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation.may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached.certification and any additional conditions listed below. The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying •— Nothing Compares. State of North Carolina I Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 916-796-7215 Nautical Club COA-Carteret County DWR Permit # 20170977 August 24, 2017 Page 2 of 4 with all conditions. Any new owner must notify the Division and request the Certification be issued in their name (I 5A NCAC 02H .0501 and .0502). Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)]. The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of its contractors (and/or agents) a copy of this Certification. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. The pemrittee shall require its contractors and/or agents to comply with the terms of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6 Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State,and Federal law. If the Division determines that such standards or laws are not being met, including. failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification.. [I5A NCAC 02H .0507(d)] Nautical Club COA- Carteret County DWR Permit # 20170977 August24,2017 Page 3 of 4 All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call ,(soo) sss-0368: Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act.. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC.02B .0200 (3)(f), and GS 143 Article 21A]. 8 Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 9 This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 10 Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: hq://portal ncdenr org/web/wq/smp/ws/401/certsand.pennits/apply/form Violations of any, condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at httn://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). Nautical Club COA- Carteret County DWR Permit # 20170977 August 24, 2017 Page 4 of 4. The petition maybe faxed to the OAH at (919) 431-3100, provided the .original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone or Robb Mairs in the DWR Wilmington Regional Office at 910.796.7427 or Robb.Mairs@ncdem.gov. Sincerely, Ji Gr gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 4097 cc: Liz Hair - USACE Wilmington Regulatory Field Office -EC Gregg Bodnar — DCM Morehead City -EC DWR 401 & Buffer Permitting Branch file- LF WiRO STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER RESOURCES WATER QUALITY GENERAL CERTIFICATION NO.4097 GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS • REGIONAL GENERAL PERMIT NUMBER 198000291INC COASTALAREA MANAGEMENTACT) AND • WHEN APPUEDTO CAMA PERMITS, REGIONAL GENERAL PERMIT NUMBERS 198000048, 198700056,197800 080, 197BW125 AND 198200277 AND NATIONWIDE PERMIT NUMBERS 3,12, 13,14,18,27,29, 33, 35, 39, AND 54 Water Quality Certification Number 4097 is issued in conformity with the requirements of Section 401, Public Laws 92-500 and 95-217 of the United States and subject to the North Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill material to surface waters and wetland areas as described. in Regional General. Permits 198000291, 198000048, 198700056, 197800080, 197800125, and 198200277 and in 33 CFR 300 Appendix A (B) (3, 12, 13, 14, 18, 27, 29, 33, 35, 39, and 54) of the US Army Corps of Engineers Regulations. The State of North Carolina certifies that the specified category of activity will not violate applicable portions of Sections 301, 302, 303, 306 and 307 of the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter set forth. Effective date: March 19, 2017 Signed this day March 6, 2017 M for S. Jay Zimmerman, P.G. Director GC4097 Activities meeting anyone (1) of the following thresholds or circumstances require written aneroval for a 401 Water Quality Certification from the Division of Water Resources (DWR): a) If any of the Conditions of this Certification (listed below) cannot be met; or b) Activities authorized by CAMA permits, except for: 1) Activities allthoriied by CAMA General Permits 1100, 1200, 1300, 1400, 1500, 1600, 1700, 1800, 1900, 2000, 2100, 2200, 2300, 2400, 2500 and 2600, 11) Boat Ramps and associated access (i.e. roads and ,parking lots) that involve the excavation or fiiiing.of.less than 500 square feet total.of wetland and open water area, with the exception that the excavation or filling of coastal wetlands (as defined in15A NCAC 07H .0205) shall not exceed 100square feet;. 111) Shoreline protection measures (excluding living shorelines/marsh sills) that tie into existing bulkheads, land or other shoreline protection measures or do not extend waterward of the normal high water line or normal water level more than 30 feet provided that the activity will not involve the excavation or filling of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources as identified by the Division of Marine Fisheries and impacts less than 500 square feet total of wetland, with the exception that the excavation or filling of coastal wetlands (as defined in 15A NCAC 07H .0205) shall not exceed 100 square feet; iv) Living shorelines/marsh sills, including activities authorized by CAMA General Permit 2700, that do not extend waterward of the normal high water line or normal water level, more than 30 feet, the activity will not involve the excavation or fill of any Submerged Aquatic Vegetation (SAV) or significant shellfish resources, as identified by the Division of Marine Fisheries, and do not result in any fill landward of the toe of the sill alignment; v) Piers and docks designed to accommodate up to but not exceeding 10 vessels (except where prohibited in Outstanding Resource Waters (ORW) as defined in 15A NCAC 028.0225(7) & (8)) and where the water depth is equal to or greater than two feet of water at normal low water level or normal water level (whichever is applicable); A) Maintenance dredging of less than 0.5 acres of open water or non -vegetated Wetlands' provided that the applicant can provide documentation showing the historic dimensions of the dredged channel, and no SAV or shellfish beds. are excavated or filled; vii) . Projects that involve only shading of waters or wetlands that do not meet the criteria listed in item v above; viii) Utility lines, except wastewater lines and potable water discharge lines which are subject to an NPD.ES Permit, as long as all impacts are temporary; ix) Upland development which involves no more than 1/10 of an acre of excavation or filling of non -coastal wetlands; with the exception than no more than 2,000 square feet of the non -coastal. excavation or filling may take place within a Coastal Shoreline Area of Environmental Concern (AEC). For the purposes of this area calculation; the excavation or filling impacts of the entire project .shall be Page 2 of 12 GC4097 considered, which may include boat ramps, bulkheads or other shoreline stabilization measures; and x) Single family home construction that results in fill of 404 jurisdictional wetlands as long as written concurrence is not required from DWR for the applicable US Army Corps of Engineers Nationwide Permit; c) Any stream relocation or stream restoration; or d) Any impacts exceptshading to SAV or significant shellfish resources as identified by the Division of Marine Fisheries; or e) Any impacts Unique Wetlands (UWQ; or f) Any impact associated with a Notice of Violation or an enforcement action for violation(s) of NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), NC Surface Water or Wetland Standards (15A NCAC 02B .0200), or State Regulated Riparian Buffer Rules (15A NCAC M13.0200); or g) Any impacts to subject water bodies and/or state regulated riparian buffers along subject water bodies in the Neuse or Tar -Pamlico River Basins (or any other basin or watershed with State Regulated Riparian Area Protection Rules [Buffer Rules] in effect at the time of application) unless: i) The activities are listed as "EXEMPT" from these rules; or ii) A Buffer Authorization Certificate is issued by the NC Division of Coastal Management (I)CM); or ill) A Buffer Authorization Certificate or a Minor Variance is issued by a delegated or designated local government implementing a state riparian buffer program pursuant to 143-215.23. Activities included in this General Certification that do not meet one of the thresholds listed above do not require written approval. I. ACTIVITY SPECIFIC CONDITIONS: 1. Dredging shall not cause Shellfish Closures. The effluent water from the dredge spoil should not be released into open shellfish waters. Shellfish Sanitation and the Division of Water Resources shall be notified if this is to occur. [35A NCAC 02B .0221] 2. If this. Water Quality Certification is used to access residential, commercial or industrial building sites, then all parcels owned.by the applicant that are.part of the single and complete project authorized by this Certification must be buildable without additional impacts to streams or wetlands. If required in writing by DWR, the applicant shall provide evidence that the parcels are buildable without requiring additional impacts to wetlands, waters, or state regulated riparian buffers. [15A NCAC 02H .0506(b)(4) and (c)(4)] 3. For road construction purposes, this Certification shall only be utilized from natural high ground to natural high ground. [15A NCAC 02H .0506(b)(2) and (c)(2)] Page 3 of 12 GC4097 4. Deed notifications or similar mechanisms shall be placed on all lots with retained jurisdictional wetlands, waters, and state regulated riparian buffers within the project boundaries in order to assure compliance with NC Wetland Rules (15A NCAC 02H .0500), NC Isolated Wetland Rules (15A NCAC 02H .1300), and/or State Regulated Riparian Buffer Rules (15A NCAC 02B .0200). These mechanisms shall be put in place at the time of recording of the property or individual parcels, whichever is appropriate. [15A NCAC 02H .0506(b)(4) and (c)(4)] S. For living shorelines, the sills shall have at least one five-foot opening every 100 feet and may be staggered or overlapped or left open as long as the five-foot separation between sections is maintained. Overlapping sections shall not overlap more than 30 feet. [15A NCAC 02H .0506(b)(4) and (c)(4)] 6. For living shorelines, the permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation and turbidity within waters and wetlands outside the permitted area. This shall include, but is not limited to, the immediate Installation of silt fencln& turbidity curtains or similar appropriate devices around, all areas subject to soil disturbance. Additionally, the project must.remain in full compliance with all aspects of the Sedimentation Pollution Control Act and the Mining Act of 1971. [15A NCAC 02H .0506(b)(4) and (c)(4)] 7. Living shorelines in Primary Nursery Areas (as designated by the NC Marine Fisheries Commission) shall be coordinated with the appropriate NC Wildlife Resources Commission (WRC), National Marine Fisheries Service (NMFS) and NC Division of Marine Fisheries (DMF) personnel. [15A NCAC 028.0221] 8. For the North Carolina Department of Transportation, compliance with the NCDOT's individual NPDES permit NCS000250 shall serve to satisfy this condition. For all other projects that disturb one acre or more of land (including a project that disturbs less than one acre of land that is part of a larger common plan of development or sale); have permanent wetland, stream, or open water impacts; and are proposing new built -upon area shall comply with the following requirements: 115A.NCAC 02H .0506(b)(5) and (c)(5)] a. Stormwater management shall be provided throughout the entire project area in accordance with 15A NCAC 02H .1003. For the purposes of 15A NCAC 02H .1003(2)(a), density thresholds shall be determined in accordance with 15A NCAC 02H .1017. b. Projects that have vested rights, exemptions, or grandfathering from state or locally - implemented stormwater programs do not satisfy this condition. Projects that satisfy state or locally -implemented stormwater programs through use of community in -lieu programs do not satisfy this condition. c. Projects that require written authorization from DWR shall submit the following with their application for review and approval: Page 4 of 12 XOMo•A For projects that have a stormwater management plan (SMP) reviewed under a state stormwater program' or a state -approved local government stormwater program' shall submit plans that show the location and approximate size of all proposed stormwater measures; ii. All .other low density projects not covered above shall submit a completed low density supplement form with all required items; and III. All other high density projects not covered above shall submit a completed SMP, including all appropriate stormwater control measure (SCM) supplemental forms and associated items, that complies with the high density development requirements of 15A NCAC 02H .1003. d. Projects that do not require written approval from DWR shall obtain approval of the SMP, when required, before any impacts authorized by this Certification occur. e. SMPs approved by DWR may be phased on a case -by -case basis. SMPs for each future phase must be approved before construction of that phase commences. Approved SMPs may not be modified without prior written authorization from DWR. IL GENERAL CONDITIONS: 1. When written authorization is required, the plans and specifications for the project are incorporated into the authorization by reference and are an enforceable part of the Certification. Any modifications to the project require notification to DWR and may require an application submittal to DWR with the appropriate fee. [15A NCAC 02H .0501 and .0502] 2. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint of the Impacts (including temporary impacts) as authorized in the written approval from DWR; or beyond the thresholds established for use of this Certification without written authorization. 115A NCAC 02H .0501 and..0502] No removal of vegetation or other impacts of any kind shall occur to state regulated riparian buffers beyond the footprint of Impacts approved in a Buffer Authorization or Variance or as listed as an exempt activity in the applicable riparian buffer rules. [15A NCAC 02B .02001 3. In accordance with 15A.NCAC 02H .0506(h), compensatory mitigation may be required for losses of greater than 150 linear feet of streams and/or greater than one (1) acre of wetlands. Impacts to isolated and, other non-404 jurisdictional wetlands shall not be combined with 404 jurisdictional wetlands for the purpose of determining when impact thresholds trigger a mitigation requirement. For linear publicly owned and. maintained transportation projects that are not determined to be part of a larger common plan of ' e.g. Coastal Counties„ HQW, ORW, or state -implemented Phase II NPDES 2 e.g. Delegated Phase II NPDES, Water Supply Watershed, Nutrient -Sensitive Waters, or Universal Stormwater Management Program Page 5 of 12 GC4097 development by the US Army Corps of Engineers, compensatory mitigation may be required for losses of greater than 150linearfeet per stream. Compensatory stream and/or wetland mitigation shall be proposed and completed in compliance with G.S. 143-214.11. For applicants proposing to conduct mitigation within a project site, a complete mitigation proposal developed in accordance with the most recent guidance issued by the US Army Corps of Engineers Wilmington District shall be submitted for review and approval with the application for impacts. 4; All activities shall be in compliance with any applicable State Regulated Riparian Buffer Rules in Chapter 2 of Title 15A. S. When applicable, all construction activities shall be performed . and^ maintained in full compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973). Regardless of applicability of the Sediment and Pollution Control Act, all projects shall incorporate appropriate Best Management Practices for the control of sediment and erosion so that no violations of state water quality standards, statutes, or rules occur. [35A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0200] Design, installation, operation, and maintenance of all sediment and erosion control measures shall be equal to or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the NCDOT Sediment and Erosion Control Manual. All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites, including contractor -owned or leased borrow pits associated with the project. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. For borrow pit sites, the erosion and sediment control measures shall be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface. Mining Manual. Reclamation measures and Implementation shall comply with the reclamation in accordance with the requirements of the Sedimentation Pollution. Control Act and the Mining Act of 1971. If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-1, WS-11, High Quality .Waters (HQW), or Outstanding. Resource Waters (ORW), then the sedimentation and .erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards.in Sensitive Watersheds. 6. Sediment and erosion control measures shall not be placed in wetlands or waters except Within the footprint of temporary or permanent impacts authorized under this Certification. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0501 and .0502] Page 6 of 12 GC4097 7. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used along streambanks or within wetlands. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02B .02011 8. An NPDES Construction Stormwater Permit (NCG010000) is required for construction. projects that disturb one (1) or more acres of land. The NCG010000 Permit allows stormwater to be discharged during land disturbing construction activities as stipulated in the conditions of the permit. If the project is covered by this permit, full compliance with permit conditions including the erosion & sedimentation control plan; inspections and maintenance, self -monitoring, record keeping and reporting requirements is required: [15A NCAC 02H .0506(b)(5) and (c)(5)] The North Carolina Department of Transportation (NCDOT) shall be required to be in full compliance with the conditions related to construction activities within the most recent version of their individual NPDES (NCS000250) stormwater permit. [15A NCAC 02H .0506(b)(5) and (c)(5)] 9. All work in or adjacent to streams shall be conducted so that the flowing stream does not come in contact with the disturbed area. Approved best management practices from the most current version of the NC Sediment and Erosion Control Manual, or the NC DOT Construction and Maintenance Activities Manual, such as sandbags, rock berms, cofferdams, and other diversion structures shall be used to minimize excavation in flowing water. Exceptions to this condition require application to and written approval from DWR. [15A NCAC 02H .0506(b)(3) and (c)(3)] 10. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish spawning; or bird nesting); then biological monitoring may be required at the request of other state or federal agencies and coordinated with these activities. [1SA NCAC 02H .0506(b)(2) and 15A NCAC 04B .0125] All moratoriums on construction activities established by the NC Wildlife Resources Commission. (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries (DMF), or NationalMarine Fisheries Service (NMFS) shall be implemented. Exceptions to this condition require written approval by the resource. agency responsible for the given moratorium. A copy of the approval from the resource agency shall be forwarded to DWR. Work within a designated trout watershed of North Carolina (as identified by the Wilmington District of the US Army Corps of Engineers), or Identified state or federal endangered or threatened species habitat, shall be coordinated with the appropriate WRC, USFWS, NMFS, and/or DMF personnel. . 11. Culverts shall be designed and installed in such a manner that the original stream profiles are not altered and allow for aquatic life movement during low flows. The dimension, pattern, and profile of the stream above and below a pipe or culvert shall not be modified by widening the stream channel or by reducing.the depth of the stream in connection with the construction activity. The width, height, and gradient of a proposed culvert shall be such as Page 7 of 12 GC4097 to pass the average historical low flow and spring flow without adversely altering flow velocity. [15A NCAC 02H .0506(b)(2) and (c)(2)] Placement of culverts and other structures in streams shall be below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches, and 20% of the culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low flow passage of water and aquatic life. If multiple pipes or barrels are required, they shall be designed to mimic the existing stream cross section as closely as possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel shall be avoided. When topographic constraints indicate culvert slopes of greater than 5916, culvert burial is not required, provided that all alternative options for flattening the slope have been investigated and aquatic life movement/connectivity has been provided when possible (e.g. rock ladders, cross vanes, etc.). Notification, including supporting documentation to include a location map of the culvert, culvert profile drawings, and slope calculations, shall be provided to DWR 60 calendar days prior to the installation of the culvert. When bedrock is present in culvert locations, culvert burial is not required provided that there is sufficient documentation of the presence of bedrock. Notification, including supporting documentation such as, a location map of the culvert, geotechnical reports, photographs, etc. shall be provided to DWR a minimum of 60 calendar days prior to the installation of the culvert. If bedrock is discovered during construction, then DWR shall be notified by phone or email within 24 hours of discovery. If other site -specific topographic constraints preclude the ability to bury the culverts as described above and/or it can be demonstrated that burying the culvert would result in destabilization of the channel, then exceptions to this condition require application to and written approval from DWR. Installation of culverts in wetlands shall ensure continuity of water movement and be designed to adequately accommodate high water or flood conditions. When roadways, causeways, or other fill projects are constructed. across FEMA-designated floodways or wetlands, openings such as culverts or bridges shall be provided to maintain the natural hydrology of the system as well as prevent constriction of the floodway that may result in destabilization of streams or wetlands. The establishment of native woody vegetation and other soft stream bank stabilization techniques shall be used where practicable instead of rip -rap or other bank hardening methods. Page 8 of 12 GC4097 12. Bridge deck drains shall not discharge directly into the stream. Stormwater shall be directed across the bridge and pre-treated through site -appropriate means to the maximum extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before entering the stream. -Exceptions to this condition require application to and written approval from. DWR. [15A NCAC 02H .0,506(b)(5)] , 13. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, State and Local regulations. Fertilizer application shall be accomplished In a manner that minimizes the risk of contact between the fertilizer and surface waters. [15A NCAC 028 .0200 and 15A NCAC 02B .0231] 14. If concrete is used during construction, then all necessary measures shall be taken to prevent direct contact between uncured or curing concrete and waters of the state. Water that inadvertently contacts uncured concrete shall not be discharged to waters of the state. [15A NCAC 028.0200] 15. All proposed and approved temporary fill and culverts shall be removed and the impacted area shall be returned to natural conditions within 60 calendar days after the temporary impact is no longer necessary. The impacted areas shall be restored to original grade, including each, stream's original cross sectional dimensions, planform pattern, and longitudinal bed profile. For projects that receive written approval, no temporary impacts are allowed beyond those included in the application and authorization. All temporarily impacted sites shall be restored and stabilized with native vegetation. [35A NCAC 02H .0506(b)(2) and (c)(2)] 16. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams shall be installed as outlined in the most recent edition of the North Carolina Sediment and Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or the North Carolina Department of Transportation Best Management Practices for Construction and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use of this Certification. 135A NCAC 02H .0506(b)(2) and (c)(2)] 17. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of temporarily disturbed areas shall be restricted to the area directly impacted by the approved construction activity. All rip -rap shall be placed such that the original stream elevation and streambank contours are restored and maintained. Placement of rip -rap or other approved materials shall not result in de -stabilization of the stream bed or banks upstream or downstream of the area or in a manner that precludes aquatic life passage. [15A NCAC 02H .0506(b)(2)] 18. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent movement by wave, current action, or stream flows and shall consist of clean rock or masonry material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except in specific areas required for velocity control and to ensure structural integrity of bank stabilization measures. [15A NCAC 02H .0506(b)(2)] Page 9 of 12 GC4O97 19. Applications for rip -rap groins proposed in accordance with 15A NCAC 07H .1401 (NC Division of Coastal Management General Permit for construction of Wooden and Rip -rap Groins in Estuarine and Public Trust Waters) shall meet all the specific conditions for design and construction specified in 15A NCAC 07H .1405. 20. All mechanized equipment operated near surface waters shall be inspected and maintained regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or other toxic. materials. Construction shall be staged in order to minimize the exposure of equipment to surface waters to the maximum extent practicable. Fueling, lubrication and general equipment maintenance shall not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuels and oils. [15A NCAC 02H .0506(b)(3) and (c)(3) and 15A NCAC 02B .0211(12)] 21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be taken to minimize soil disturbance. [35A NCAC 02H .0506(b)(3) and (c)(3)] 22. In accordance with 143-215.85(b), the applicant shall report.any petroleum spill of 25 gallons or more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less than 25 gallons that cannot be cleaned up within 24 hours. 23. If an environmental document is required under the State Environmental Policy Act (SEPA), then this General Certification is not valid until a Finding of No Significant. Impact (FONSI) or Record of Decision (ROD) is issued by the State Clearinghouse. If an environmental document is required under the National Environmental Policy Act (NEPA), then this General Certification.is not valid until a Categorical Exclusion, the Final Environmental Assessment, or Final Environmental Impact Statement is published by the lead agency [35A NCAC 01C .0307(a)] 24.This General Certification does not relieve the applicant of the responsibility to obtain all other required Federal, State, or Local approvals before proceeding with the project, including those required by, but not limited to Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and Trout Buffer regulations. 25. The applicant and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting. from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If DWR determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then DWR may revoke or modify a written authorization associated with this General.Water Quality Certification. [15A NCAC 02H .0507(d)] Page 10 of 12 GC4097 26. When written authorization is required for use of this Certification, upon completion of all permitted impacts included within the approval and any subsequent modifications, the applicant shall be required. to return a certificate of completion (available on the DWR website https•//edocs dea nc gov/Forms/Certificate-of-Completion]. [15A NCAC 02H .0502(f)] 27. Additional site -specific conditions, including monitoring and/or modeling requirements, may be added to the written approval letter for projects proposed under this Water Quality Certification in order to ensure compliance with all applicable water quality and effluent standards. [15A NCAC 02H .0507(c)] 28. If the property or project is sold or transferred, the new Permittee shall be given a copy of this Certification (and written authorization if applicable) and is responsible for complying with all conditions. 115A NCAC 02H .0501 and .0502] III. GENERA L CERTIFICATION ADMINISTRATION: 1. In accordance with North Carolina General Statute 143-215.3D(e), written approval for a 401 Water Quality General Certification must Include the appropriate fee. An applicant for a CAMA permit under Article 7 of Chapter 113A of the General Statutes for which a Water Quality Certification is required shall only make one payment to satisfy both agencies; the fee shall be as established by the Secretary in accordance with 143-215.3D(e)(7). 2. This Certification neither grants nor affirms any property right, license, orprivilege in any waters, or any right of use in'any waters. This Certification does not.authorize any person to interfere with the riparian rights, littoral rights, or water use rights of any other person and this Certification does not create any prescriptive right or any right of priority regarding any usage, of water. This Certification shall not be interposed as a defense in any action respecting the determination of riparian or littoral rights or other rights to water use. No consumptive user is. deemed by virtue of this Certification to possess any prescriptive or other right of priority with respect to any other consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was initiated or expanded. 3. This Certification grants permission to the Director, an authorized representative of the. Director, or DWR staff, upon the presentation of proper credentials, to enter the property during normal business hours. [15A NCAC 02H .0502(e)] 4. This General Certification shall expire on the same day as the expiration date of the corresponding Nationwide Permit and/or Regional General Permit. The conditions in effect on the date of issuance of Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration date of this Certification. This General Certification is rescinded when the US Army Corps of Engineers reauthorizes any of the corresponding Nationwide Permits and/or Regional General Permits or when deemed appropriate by the Director of the Division of Water Resources. Page 11 of 12 GC4097 5. Non-compliance with or violation of the conditions herein set forth by a specific project may result in revocation of this General Certification for the project and may also result in criminal and/or civil penalties. 6. The Director -of the North Carolina Division of Water Resources may require submission of a formal application for Individual Certification for any project in this category of activity if It is determined that the project is likely to have a significant adverse effect uponwater quality; including state or federally listed endangered or threatened aquatic species, or degrade the waters so that existing uses of the water or downstream waters are precluded. 7. Public hearings may be held prior to a Certification decision if deemed in the public's best interest by the Director of the North Carolina Division of Water Resources. History Note: Water Quality Certification (WQC) Number 4097 issued March 6, 2017 replaces WQC Number 3900 issued March 19, 2012; WQC Number 3641 and 3642 issued March 19, 2007; WQC Numbers 3371 and 3400 issued March 18, 2002; WQC Number 3274 issued June 1, 2000; WQC Number 3112 issued February 11,1997; and WQC Number3025 issued September 6,1995. Page 12 of 12 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Nautical Club COA LOCATION OF PROJECT SITE: The project is located within Bogue Sound adjacent to 1550 Salter Path Road (NC Hwy 58) in Salter Path, Carteret County. Latitude:34°41'23.61"N Longitude: 76°53'48.30"W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Date(s) of Site Visit — 4/19/17 Was Applicant or Agent Present No Photos Taken —No PROCESSING PROCEDURE: Application Received — cc: 7/24/17 Office — MHC SITE DESCRIPTION: (A) Local Land Use Plan — Carteret County (7/25/1997) Land Classification from LUP — Developed Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — pump station Planned - None (F) Type of Development: Existing — condominium complex, dock, boat ramp and bulkhead Planned - floating platform with kayak launch (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED INCORP/SHADED (A) Open Water�l 400 ftZ (E) Total Area Disturbed: 400 ftZ (F) Primary Nursery Area: No (G) Water Classification: SA; ORW Open: Yes (H) Cultural Resources: None Prolect Summary: The applicant wishes to install a kayak launch for private use within Bogue Sound, Carteret County. Field Investigation Report: Nautical Club COA Page 2 Narrative Description: The property is adjacent to Bogue Sound at 1550 Salter Path Road in Salter Path, Carteret County. This 9-acre parcel is developed with a condominium complex. The adjacent properties are developed with mobile home parks. The elevation of the high ground of the parcel is about 2' above the normal high water level (NH W). Vegetation on the lot mainly consists of lawn grasses. This parcel has approximately 387' of continuous shoreline along Bogue Sound. Immediate offshore water depths range from —2' to —4' NHW. The subaqueous substrate is firm with shell. There is not a cultural resource in the nearby vicinity of the project area. This area of Bogue Sound is approximately 7,800'across at this location. These estuarine waters are not classified as a Primary Nursery Area. There are no beds of submerged aquatic vegetation within the nearby vicinity of the project area. The area is open to shellfish harvest. These waters of Bogue Sound are classified as SA; Outstanding Resource Waters by the EMC. Proposed Development: The applicant wishes to install a floating platform and kayak launch for use by the condominium owners of the Nautical Club within Bogue Sound, in Salter Path. The proposed development would take place at 1550 Salter Path Road, Carteret County. The proposed 20' long and 4' wide aluminum gangway would be connected to the existing bulkhead approximately 15' east of the existing boat ramp. The proposed gangway would be perpendicular to the bulkhead and would terminate at the proposed 20' long and 13' wide "T" floating platform. On the east side of the proposed floating platform, a 13' long and 5' wide kayak launcher is proposed to be installed. Traditional marine construction methodology would be utilized during the installation. Anticipated Impacts: The proposed floating dock would shade 400 square feet of Public Trust Area within Bogue Sound. There is not a cultural resource in the nearby vicinity of the project area. This project area is within the White Oak River Basin. These waters of Bogue Sound are not classified as a Primary Nursery Area and submerged aquatic vegetation is not present in the nearby vicinity of the project area. This area of Bogue Sound is open to shellfish harvest. These waters are classified as SA; Outstanding Resource Waters. Brad Connell July 27, 2017 Morehead City r;a Coastal Management ENVIRONMENTAL QUALITY July 27, 2017 Nautical Club Condo Owners' Association c/o Mr. Robert Blevins PO Box 4455 Emerald Isle, NC 28594 Dear Mr. Blevins: ROY COOPER Govemor MICHAEL S REGAN Secretary BRAXTON DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of property located within Bogue Sound adjacent to 1550 Salter Path Road in Salter Path, Carteret County. It was received on July 24, 2017, and appears to be adequate for processing at this time. The projected deadline for making a decision is October 7, 2017. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from July 24, 2017, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right- of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. Nothing Compares�.� State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T 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. Since 4 Brad Connell Coastal Management Representative BC Enclosure CC: Roy Brownlow, District Manager Gregg Bodnar, Asst. Major Permits Coordinator David Anderson, EZ Dock Solutions Nothing Compares State of North Carolina I Faviromnental Quality I Coastal Management 400 Commerce Are I Morehead City, NC 28557 2528082808 T ffl;7 IT IrK AMA PERMIT APPLIED FOR PROJECT: Construct a floating kayak launch within Bogue Sound at 1550 Salter Path Road, in Salter Path. COMMENTS ACCEPTED THROUGH August 31,20f 7 APPLICANT: Nautical Club COA c/o Mr. Robert Blevins PO Box 4455 Emerald Isle, NC 28594 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Brad Connell - DCM 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 J FOR REGISTRATION REGISTER OF DEEDS Jerry T Hardesty Carteret County, INC January 13, 2017 1:09:47 PM /+ DEED # Pages: 2 RECEIVED Fee:$26.00 EIVED NC Revenue Stamp:$1,100.00 FILE # 1564345 JUL 2 4 2017 7 14, DCM- MHD CITY SPECIAL WARRANTY DEED Deedstamps: $1,100.00 633405291728000 Tax Lot NO.: 633405281068000, 6334052B3009000, 633405271764000, 633405273722000, 6334052'74722000, 633406275755000, Prepared by: Paul A. Arena, Moore & Van Allen PLLC, 100 N. Tryon St., Suite 4700, Charlotte, NC 28202* ("Prepared without title examination) Returato: FRANK W. ERWIN, ATTORNEY R19124 THIS DEED is made this ._1p_�day of ) t><WA." 2017, by and between LAMPLIGHT CAPITAL & ASSET MANAGEMENT, LLC, a Texas limited liability company, whose address is 10375 Richmond Avenue, Suite 1010, Houston, TX 77042 ("Grantor") and NAUTICAL CLUB PHASE 1 CONDOMiNR M ASSOCIATION, INC., a North Carolina non-profit corporation, whose address is ----- -- (,Grantee"). WIUNP,SSETH: Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certahr lot or parcel of land situated in Carteret County, North Carolina, and more particularly described as follows (the "Property"): BEING all of Unit 2, Unit 3, Unit 4, Unit 5, Unit 6, Unit 7 and Unit 8 of The Nautical Club Master Condominium as referred to in Amended and Restated Declaration of Condominium for The Nautical Club Master Condominium recorded in Book 1412, Page 247, in the office of the Register of Deeds for Carteret County, North Carolina, as amended (the "Declaration"), and more particularly described in condominium plans for The Nautical Club Master Condominium recorded in Map Book 1 OT, Pages 477-481 in the office of the Register of Deeds for Carteret County, North Carolina (the "Plans"), which Declaration and Plans are incorporated herein by reference; together with the undivided 87.5% interest as tenant in common in and to the common elements appurtenant to such Units as set forth in the Declaration. Together with all right, title and interest of Grantor in and to any current or former streams, alleys, roads, streets, ways, strips, gores or railroad rights -of -way abutting or adjoining the Property, and together with all the improvements thereon and all privileges, easements and appurtenances thereto belonging. TO HAVE AND TO HOLD the Property and all privileges and appurtenances thereto belonging to Grantee in fee simple.r4/J CHAR2V MQ0RI„ 1 submitted electronically by "ERWIN & SIMPSON" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the Carteret County Register of Deeds. And Grantor covenants that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, except with respect to the exceptions hereinafter stated. Title to the Property is conveyed subject to the following exceptions: 1. Real property taxes for the year 2017 and subsequent years. 2. Easements, covenants, restrictions, defects, encumbrances and other matters of record. 3. Matters that would be shown by a current survey and/or inspection of the Property. 4. Laws, regulations or ordinances relating to zoning, environmental protection, subdivision, occupancy, use, constvction or development of the Property, including but not limited to any existing violations thereof. Grantor states that the Property does not include the primary residence of Grantor. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors and assigns, and shall include singular, plural, masculine, feminine or neuter, as required by the context. IN WITNESS WIERL+OF, Grantor has executed this instrument under seal the day and year first above written. LAMPLIGHT CAPITAL & ASSET MANAGEMENT, LLC, a Texas limited liability company f�-. RECEIVE® sy: 1/ o 6 \- (SEAL) NI JUL 2 4 2017 Name: ()GoF ITi-8.1%il) Titie:QQg"ar DCM- MHD CITY STATE OF ° S COUNTY OF I, lf1`1(Il(� •� a Notary Public of the Comely and State aforesaid, do hereby certify that ' personally appeared before me this day akip acknowledged the due execution of the foregoing instrument. Witness my hand and official seal this the_1nay of 2017, printed name: n C Notary Public My commission expires: D Dl CHAR2\1869082v1 �,�• C RI511 LJUCNES ^• MY COMMISSIONEXPIRES Cecember 10, 2017 Prpperty Data Page 1 of I Carteret County Property Data Parcel Number: 633405281728000 Inquiry Date: 7/2412017 DISCLAIMER. For confirmation of the number of buildings on each parcel, Please contact the Carteret County Tax Office. Owner/Property Info Parcel Number: 63340528172MM Owner: NAUTICAL CLUB PH 1 CNDO AS INC Physical Address 0000000 INDIAN REACH NC Mailing Address: EMERALD ISLE NC 28594 Legal Description: UNIT 8 NAUTICAL CLUB MASTER CONDOMINIUM (AREA RESERVED FOR RITURE MARINA) Deed Book: 1564 Deed Page: 346 Plat Book: 0 Plat Page: 0 Sale Date: 20/70113 Sale Price: 550000 Acreage: 1.416 Land Value: SI,I04,823.0o Building Value: $0.00 Extra Feature Value: $O.DD Parcel Value: $1,104,823.00 Sketches Photos No Sketches Available No Photos Available Building Info Baths: Null Bedrooms: Null Condition: Null Exterior Walls 1: Nun Exterior Walls 2: Null Floor Finish 1: Null Floor Finish 2: Null Foundation 1: Null Foundation 2: Null Heat: Null Roof Cover 1: Null Roof Cover 2: Null Roof Structure: Null Square Footage: Null Year Built: Null Click Here for Advanced Cards RECEIVED JUl_ 2 4 2017 DCM- MHD CITY http://web3.mobile3lI.com/CarteretCard/default.aspx?PIN=633405281728000 7/24/2017 FILE t *6 8 NORTH CAROUNA,CAHTERET COVNfY T1Ye NIPb111Mnlead dYEe,Wk.,MdYlf adY FOR gELISTgnTIov PECI6TEP OF pEEaE 1M hle entl Wne Pad h toe Soak end Pepe ePown a.rrr T. H.rN.1y an Me Im pep& herea. c.rt.r I cwmlr. August 04, 2015 04:11:23 MC PM WN DIT 33 P aY rEE- Eire. FILE 11516050 (3PACBABOVE THIS UNEPORRECORD£R'e USE) RECORDING PREPARED BY: JONATHAN J. LAUTf, ESQ. BRYAN CAVE LLP 301 S. COLLEGE STREET, SUITE 3900 CHARLOTTE, NORTH CAROLINA 28202-0902 WHEN RECORDED RETURN TO: HEN R HAYHURST, ESQ. BRYAN CAPE LLP 3161 MICHEL ON DRIVE, SUITE 1500 IRVINE, CALIFORNIA 92612 Dated As Of: July 10, 2015 DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITY AGREEMENT (INCLUDING FIXTURE FILING) Units E-8, The Nautical Club Master Condominium, Carteret County, NC WADE BY RECEIVED LAMPLIGHT CAPITAL &ASSET MANAGEMENT, LLC, a Taxes limited liability cumpaay, 10375 Richmond Avenue, Suite #1010. Houston, TX 77042 JUN Hereinafter referred to as *Trustor° 2 $ 2017 To COMMONWEALTH LAND TITLE INSURANCE COMPANY DCM_ M 888 S. Figueroa Street, Suite 2100 D DlTY Los Angeles, CA 00017 Hereinafter referred to os'Trusten" FORTHESENEFIT OF ROYAL BANK OF CANADA 201Sing Street West, Fourth Floor, Taranto M5HIC4, Attention Loan Administra' Hereinafter referred to as "Beneficiary" Note Amount $12,627.716.69 764061 BOOK I SI16 PAGE SR DEED OF TRUST, ASSIGNMENT OF LEASES AND RENTS AND SECURITYAGREEMENT (INCLUDING FIXTURE FILING) RECITALS A This DEED OF TRUST, ASSIGNME, NT OF LEASES AND RENTS AND SECURITY AGREEMENT (INCLUDING FIXTURE FILING) CDoed of Trust") is being executed by LAMPLIGHT CAPITAL & ASSET MANAGEMENT, LLC, a Terns limited liability company, whose address is set forth above CTrustor"). B. Truster is the owner of the real property described in the attached Exhibit "A" ("Real Property"). 0. This Deed of Trust to being executed by Truster to the COMMONWEALTH LAND TITLE INSURANCE COMPANY ("Trustee"), in favor of ROYAL BANK OF CANADA ("Beneficiary"), whose address is set forth above. D. All terms not specifically defined herein shall have the meanings set forth in the Loan Agreement. DEFINITIONS "Action" abaR mean any legal or equitable proceeding brought before a court, tribunal, admin strative court, arbitrator, mediator or other forum for alternative dispute resolution. "Beneficiary" shall mean ROYAL BANK OF CANADA. "Compensation" shell mean the definition set forth in Section 2.14 below. "CC&Rs" shall mean any and all agreements setting forth renditions, covenants, restrictions, easements, reservations, rights and rights of way for the Property. "Deed of Trust" shall mean the definition set forth in Recital "A" above. "Default Interest Rate" shall mean the definition given to such term in the Note. "Event of Default" shall menu any event of default defined in the Deed of Trust, Loan Agreement and Note. "Future Advances" shall mean the definition set forth in Section 1.3.4 below. "Impound Account" shall menu the definition set forth in Section 2.17 below. "Improvements" shall mean, without limitation, DR present and future structures, buildings, improvements, appurtenances and futures of any kind an the Red, Property, all apparatus, equipment and appliances used in connection with the operation or occupancy of the Real Property, and all window coverings, drapes and tads, carpeting and floor coveringe, it being intended and agreed that all such items will be conclusively considered to he part of the Real Property conveyed by this Deed of Trust, whether or not attached or affixed to the Real Property. "Lassos" shell mean the definition set forth in Section 2.5.1(b) below. 764001 1 Deed ofTmnt Units SB, The Nautical Club Muster Condominium, Carteret Csnnly, NC BOOQt M PAGE S "Loan" shall mean the definition set forth in Section 1.1 below. "Loan Agreement" shallmean the definition set forth in Section 1.1 below. 'Lear Documents" shall mesa the definition cat forth in Section 1.1 below. "Note" shall mean the definition set forth in Section 1.1 below. 'Obligations -'shall mean the definition set forth in Section 1.3 below. "Personal Property" shall mean the definition set forth in Section L2.3 below. "Prevailing Party" shall mean (a) the party who brings an Action against the other after the other is in breach or default, if such Action is dismissed upon the other's payment of the sums allegedly due or upon the other's performance of the consonants allegedly breached, or (b) the party obtains substantially the relief sought by it, whether or not such Action proceeds to a hearing, a trial on the merits, or a final judgment or determination. "Proceeds" shall mean the definition set forth in Section 2.3.1. below. "Property" shall mean the real and personal property described in Sections 1.2.1 through 1.2.7 below. "Real Property" shall mean the real property described in the attached Exhibit A". "Rants" shall mean the definition eat forth in Section 2.3.1(a) below. "Security Deposits" shall mean the definition set forth in Section 2.3.1(c) below. "Subdivision" sholl mean the definition set forth in Section 2.10.3 below. 'Trustee" eholl mean COMMONWEALTH LAND TITLE INSURANCE COMPANY. 'Truster" shall mean LAMPLIGHT CAPITAL & ASSET MANAGEMENT, LLC, a Texas limited liability company. 1. BASIC PROVISIONS. 1.1 Amount of Lomm Lose, Documents. Beneficiary in making or has made a term loon to Truster in the original amount not to exceed Twelve Million Six Hundred Twenty -Seven Thousand Seven Hundred Sixteen and 691100 Dollars ($12,627,716.69) ('Loan"). The Loon is evidenced by a promissory note dated as July 31, 2013, and a promissory note of even date herewith (as the some has been or may be amended from time m time, and collectively referred to in the singular as "Note-), executed by Truster in favor of Beneficiary. The terms and conditions of the Loan are evidenced by and subject to the tame and conditions of that certain Lean Agreement and Security Agreement dated ss July 31. 2013 (as amended by that certain First Agreement to Modify Loan Documents dated of even date herewith, and as the same has been or may be further amended from time to time, "Loan Agreement") executed by Truster and Beneficiary. All present and future agreements executed by Truster in favor of Beneficiary and relating to the Loan no the some have been or may be amended from time to time, collectively shall be referred to as the "Loan Documents." BOOK 1S16 PAGE .5'9 4040m 2 Deed of Trust Unit, 2-8. 7hs Naudcaf Club Master Condominium, Curle,el Caunly, NC 1.2 Grant of Security in Property. In consideration of the Loan, Treater hereby irrevocably grants, conveys, transfers and assigns to Trustee, its successors and nesigna, in trust, with power of sale and right of entry and possession as, provided below, ell of fts present and future estate, right, title and interest in and to the following described property now or hereafter acquired ("Property'): 1.2.1 Real Pronerty. The Real Property, and all minerals, oil, gee and other hydrocarbon substances on or under the surface of the Real Property (to the extent awned by Truster), as, well as all development rights, permits, beenees, air rights, water, water rights, and water stock relating to the Real Property. 1.2.2 Improvements. All items listed as "Improvements" on Ezhibit"B" attached hereto. 1.2.3 Personal Pronartv. The term "Personal Property" abaft include: (a) all property described in Exhibit S" attached hereto; (b) all "Proceeds" (as defined in Section 2.3.1 below); and (c) all "Rents" (as described in Section 2.8.1 below). 1.2.4 Appurtenances of Real Property. All appurtenances of the Real Property and all rights of Truster in and to any streets, roads or public places, easements or rights of way, relating to the Real Property. 1.2.5 Rents. All Rents and all rights of Truster under all present and future leases affecting the Real Property, including but not limited to any security deposits. 1.2.8 Proceeds. All Proceeds and all claims arising on account of any damage to or toking of the Real Property or any Improvements thereon or any pert thereof, and all causes of action and recoveries for any lees or diminution in the value of the Real Property cr any Improvements. 1.2.7 Othor Collateral. All other "Collateral" (as defined in Exhibit "R" below) pledged by Treater as security for the Use. 1.3 Oblientions Secured. This Deed of Trust secures the fallowing obligations ("Ohligations'): 1.3.1 Note Payments. Payment and performance of the Note, including nll extensions, renewals and modifications, of the Now. 1.3.2 Perforrocuice of the Deed f Txpat Oblizatians The performance of Truster's obligations under this Deed of Trust and the Loan Agreement. 1-3.3 Payment of Advanced Sums, The payment of all same advanced or paid out by Beneficiary or Trustee under any praviafan of this Deed of Truck or to protect the security of this Deed of Trust, together with interest thereon as, provided heroin, ebould Truster fail to make any payment or to do any act as, herein provided in connection with the rights granted hereunder, Beneficiary or Trustee, without obligation so to do and without notice to or demand upon Truster and without releasing Tractor from any obligation hereunder, may make any payment or do any act in such manner and to such extent as, heroin provided or as, either may deem necessary to protect the security hereof. 1.3.4 Payment of Future Advances. The payment of the principal and interest on all other future loans or advances made by Beneficiary to Truster (or any successor in interest to ia4aG1 BOOKIS i(a PAGE SDecdofTrect Unite 2.8. The Nautical Club Afoasr Condominium, Ca terel Caon(y, NC Truster as the owner of a➢ or any port of the Property) when the promissory note evidencing such Iron or advance specifically states that it is secured by this Deed of Trust ("Future Advances"), including all extensions, renewals and modifications of any Future Advances. 1.8.6 Performance of the Latin Oblizations The performance of Truator's obligations under the Iran Agreement and under all other Loan Documents including, without limitation. Trustees payment culler reimbursement of casts, charges, fees and expenses reasonably incurred by Beneficiary in ==action with O the enforcement of any of Beneficiary's rights under the loan Documents (including court mate, reasonable attorneys' fees and expert witness charges, whether incurred in any court action, arbitration, mediation, alternative dispute resolution forum, appeal proceedings or bankruptcy proceedings involving Truster, (u) Beneficiary's or any reseivets entry upon and taking possession of all or any part of the Property, (ui) any reappraisal or updated appralml of the Property obtained by Beneficiary, either following the occurrence of an "Event of Default" (no defined below) or purauant to the terms of the Loan Agreement, and (iv) Beneficinry exercising any of its rights under Article 4 below. 1.4 Worranty of Title. Truster warrants that, except ns disclosed to Beneficiary in a writing that refers to this warranty. Truster lawfully possesses and holds fee simple title to the Property without limitation an the right to encumber, and that this Deed of Trust is a valid first and prior lien on the Property subject only to the matters set forth in Schedule B, Part I of the title insurance policy issued in favor of Beneficiary that ensures the priority of this Deed of Trust. Truster, at its sale met and expense, shall at all times keep, protect, defend, and maintain title to the Property free and dear of any lien or encumbrances that would or could impair the validity or priority of thin Deed of Trust Truster will not do or suffer any act or omission whereby the value of said Property, or lion home[ or of any estate or title severed hereby, may be diminished or impaired in any way. Trustar shell timely make all required payments under any other deeds of trust or other eoeumbrm=e which may now or hereafter affect the Property encumbered by this Deed of Trust and comply with all obligations hereunder. Should Trustar fail to make any such payment or comply with any such abligation, Beneficiary may, without notice to or authorization from Truster, and without releasing Truster from any obligation hereunder or under said deed of trust or other encumbrance, pay any sum which may be owing order my other deed of treat or other encumbrance or otherwise cure my default of Truster thereunder, and the sums so expended by Beneficiary nball be seemed hereby and shall be immediately due and payable by Truser to Beneficiary, and shall bear interest at the "Default Interest Rate" provided for in the Note until paid. Any default (after the passage of any applicable grace or cure period) under any other dead of trust or other encumbrance which may now or hereafter effect the Property encumbered by this Deed of Trust shell constitute a default hereunder. 2. COVENANTS OFTRUSTOR. To protect the security of thin Deed of Trust, Treater agrees: 2.1 Perfurnnnee. To pay all indebtedness and perform all obligations that ore secured by this Deed of Trust in accordance with them terms. 2.2 Insurance. Truster shall comply with all of the policies of insurance for Truster miller the Property as set forth in the Lean Agreement. In the event of Truetor's failure to obtain or maintain any of said policies of insurance, Beneficiary, upon giving notice to Truster may procure ouch insurance to be effected upon Beneficiary's interest or upon the interest of Trustee or upon the interest of the owners of said Property and in their names, and Beneficiary may pay and expend for premiums for such insurance such mums an Beneficiary may deem to be reasonably necessary. At its option, in its own name, Beneficiary shall be entitled to comments, appear in and prosecute any action or proceedings or to make any compromise or settlement, in connection with such lase, taking or damage. BOOK lsJ PAGE a_ 764aat 4 Dend ofTnut Units 2-8, no No tical Club Afaler Condominium, Carteret County. NC 2.3 Aasienment of Proceeds. 2.3.1 Definition of Proceeds. The term "Proceeds" shall mean all insurance pmceeda on the Property, all proceeds of a sale of all or any portion of the Property (subject to the release provision of the Loma Agreement), and all causes of action, claims, "Compensation' (as defined below in Section 2.14), awards and recoveries for any damage, condemnation or taking of all or any part of the Property or for any damage or injury to it or for any lose or diminution in value of the Property. All Proceeds are hereby assigned to and shall be paid to Beneficiary. At Beneficiary's option, Beneficiary mny appear in and prosecute (either in its own name or in the name of Traitor) or participate in any suite or pocmedinge relating to any ouch proceeds, muses of nations, claims, compensation, awards or recoverim and may adjust, compromise or settle any claim in connection therewith. 2.3.2 Application of Proceeds. Subject to the provisions of Section 2.3.3 below, Beneficiary shall apply any Proceeds received by it as follows: first, to the payment of all of Beneficiary's reasonable mats and expenses (including but not limited to legal fees and disbursements) incurred in obtaining those sume; and, then, in DeneficiuWa sole discretion and without regard to the adequacy of its security, to the payment of the indebtedness and obligations secured by this Deed of Trust. Any application of such Runde to the indebtedness secured hereby shall not be construed to cure or waive any "Event of Default' (as defined in the Loan Agreement) or invalidate any note of Beneficiary or Trustee arising out of such Event of Default. 2.3.3 Almlication of Insurance Proceeds. Notwithstanding the foregoing, any histamine proceeds or mndemnatian or eminent domain awards (in addition to any funds provided by Trotter, as set forth in Section 2.13.3 below) shall be applied to the restoration of the Property pursuant to Section 2.13 below, provided that (a) The Improvements an the Property are able to be metered in their entirety with such proceeds or swindle; (b) Truster is not in default under any of the Loan Dominants beyond the expiration of any applicable cure periods; and (a) The method for disbursement of any such proceeds or awards by Beneficiary for restoration shall be subject to the farms and conditions of Section 2.13 below. Provided, however, that nothing herein shall prevent Beneficiary from applying any such proceeds or awards and/or Trustees funds in accordance with the terms of Section 2.3.2 if, as required by North Carolina law, Beneficiary is able to demonstrate that its security for the Loon ban been impaired. 2.4 Emn-K!y Taxes and Meessments. Except with respect to Permitted Encumbrances Can defined in the ).ova Agreement) or as otherwise permitted under the Loan Agreement, Treater agrees to pay when due all taxes, fees, impositions, and assessments which ere or may became a lien on all or any portion of or interest in the Property or which are accused against the Property or its rents, royalties, profits and income. 2.6 Mechanlo's Liens. Truster also agrees to pay when due all lawful claims and dim rode of meehnnfco, materialmen, laborers; and others for any work performed or material, delivered with respect to the Property. Truser may in good faith contest any such rloime by appropriate administrative orjudival proceedings an; long as: 2.5.1 Truster has, in Beneficiary'sjudgment, a reasonable basis for such contest; t BOOK 1S1b PAGE 761031 6 Dmd ofTrust Unit, 2-3, The Nourfmi Club Afaster Condominium, Carteret Coaply, NC 2.5.2 Treater pays, prior to the date any interest or penalties will attach thereto, any portion army such claims that Truator does not content; 2.5.8 Truster's contest will not result in or pose any risk of the seizure, mile or imposition of a lien upon the Property or any portion thereof; 2.6.4 Truster delivers to Beneficiary such hand or other security on Beneficiary may require in connection with such contest; 2.5.5 Truelor at all times prosecutes such contest with due diligence; and 2.5.6 Treater pays, prior to the date any interest or penalties will attach thereto, the amount of the disputed claim that in determined to be due and owing by Truster. In the event that Truster does not make any payment required to be made pursuant to subsection 2.5.6 shave, Beneficiary may draw or realize upon any bond or other security delivered to Beneficiary in connection with the contest by Truster, in order to make such payment. 2.6 Taxagicin pr Deed of Triigt in the event of the passage otter the date of this Deed of Trust of any law of the State of North Caroline deducting from the value of land, far the purpose of taxation, any lien thereon, ar chunging in anyway the laws now in fence for the taxation of deeds of trust or debts eccured by deeds of trust for state or local purposes or the manner of the collection of such taxes so no to affect thin Deed of Trust, the entire principal balance under said Note, together with all accrued interest thereon, at the option of Beneficiary, without demand or notice, forthwith shell become duo and payable; provided, however, that such option shall be ineffective if Trustor is permitted by law to pay the whole of such tax, in addition to ell other payments required hereunder, and, if prior to such specified dote. Truster does pay such tax and agrees to pay any such tax when bareaf er levied or assessed against the Property, and such agreement shall constitute a modification of this Deed of TruaL 2.7 Perfection of Security. Trustor agrees to execute and deliver to Beneficiary, from time to time on demand and at Trusters cost and expense, any documents required to perfect and continue the perfection of Beneficiary's interest in the Property, or to effect any purpose hereunder. 2.6 A55firanierit of Rents d Income. 2.8.1 Scope of Ansimiroent. This assignment is intended to confer upon Beneficiary all rights, and impose upon Truster oil obligations, under N.C. Gen. StaL § 46 and is intended to be construed in accordance with sold statutory requirements. Truetor hereby absolutely and irrevocably grants, NUB, assigns, transfers and sets over to Beneficiary. (a) Rents. All of the rents, issues, profits, royalties, income, cash proceeds, 'Security Deposits' (as defined below) and other benefits (collectively 'Rents") now existing or hereafter created and affecting all or any portion of the Property or the use or occupancy thereof. (b) Lonses. All of Truetoea right. title and interest in and to all leases, subleases, subtemnciee, licensee, occupancy agreements and ceremonious; covering Property or any portion thereof or space therein now or hereafter existing, including oil modifications, amendments, extensions and renewals thereof, Bud all rights and privileges incident thereto (collectively "Leases"). BOOK slb PAGE St) re-0oal 6 Deed ofTruat Unit- 2.8, The Naulimt Club Ara.M, Candominium, Carteret Cauety, NC (a) Security Deposits. All security deposits, guaranties and other security now ar hereafter held by Truster an security for the performance of the obligations of the Iacocca under the Leases (collectively "Security Deposits'). 2.8.2 Aminnment. This assignment is intended by Truster and Beneficiary to create and shall be construed to create on assignment to Beneficiary of all of Truster's right, title and interest in the Rents and in the Losses. Truster and Beneficiary further agree that, during the term of this assignment, the Rents shall not constitute property of Truster (or of any estate of Truster) within the meaning of 11 U.S.C. Section 541, as amended from time to time. 2.8.3 6ront of f License By its acceptance of this assignment and as long as an Event of Default sba➢ not have occurred and be continuing hereunder, Beneficiary hereby grants to Truster a revocable license to enforce the Leases, to collect the Rents, to apply the Rents to the payment of mate and expenses incurred in connection with the development, construction, operation, maintenance, repair and restoration of.the Property, and to any indebtedness secured thereby and to distribute the balance, if any, to Truster. 2.8.4 Revocation ofLicenee. Upon the occurrence of an Event of Default, and at any time thereafter during the continuance of such default, Beneficiary shall have the right te revoke the license granted to Truster hereby by giving written notice of ouch revocotion to Truster. Upon such revocation, Truster shall promptly deliver to Beneficiary all Rents then held by Truster and Beneficiary shalt thereafter be entitled to: (a) enforce the Leases, to collect end receive, without deduction or offset, all Rants payable thereunder, including, but not limited to. all Rents which were accrued and unpaid an of the data of such revocation; and (b) apply such Rents as provided in this Deed of Trust, 2.8.8 Appointment f Tra.tor as Agent fBem,ficiary. (a) Eurnoso of AnnointmonG Upon such revocation, Beneficiary may, at its option, appoint Truster to aft as agent for Beneficiary for the purpose of: (1) Managing and operating the Property and paying all expenses inured in connection therewith and approved by Beneficiary. (if) Enforcing the provisions of the Leases. (tit) Callecling all Rents due thereunder. (b) Ygdo to Truster To Act us Aaarit. If Beneficiary so elects, Beneficiary shall give written notice thereof to Trustor to act as agent of Beneficiary for the purpose or purposes apecified in ouch notice. Truster shall promptly comply with all instructions and directions from Beneficiary with respect thereto. Truster shall not be entitled to any management fee, commission or other compensation unless expressly agreed to in writing by Beneficiary. (c) Deposit of Rents CollectgA. All Rents collected by Truster as agent for Beneficiary pursuant to thin Section2.8 *hall be immediately deposited in an insured account in the name of Beneficiary in a bank or other financial institution designated by Beneficiary. All Rents collected by Truster and all amounts deposited in such account, including interest therean, shall be the property of Beneficiary and Trustor shall not be vataat @OOK1slb PAGE 58 DeedofT.t Unite 28, The Nau4col C(ubdfmter ondominiQ�,o f¢'reCDoanty, NC entitled to withdrew any amount from such amount without the prior written consent of Beneficiary. (d) Purpose of Aeoncv. The agency hereby created shall be solely responsible for the purpose of implementing the provisions of this assignment and collecting the Rents due Beneficiary hereunder. Nothing contained herein shall plum upon Beneficiary the responsibility for the monagemenk central, operation, repair, maintenance or restoration of the Property, nor shall Beneficiary be liable under or be deemed to have casement Truamr's obligations with respect to the Leases. Beneficiary may at any time terminate the agency mlationship with Truster by written notim to Truster. 2.5,8 QQ11tcdon by Beneficitim Upon the occurrence of an Event of Default, and at any time thereafter during the continuance thereof. Beneficiary shall have the right in addition to the rights granted pursuant to this Section 2.8, to collect oil or any portion of the Rents assigned hereby directly or through a murt—appointed receiver or pursuant to a notice to the lessees or by any other means act forth in) N.C. Gen. Stet § 45. Such righla shall include without limitation any and all of the following: (a) Notice to Lessees To Pay Rents to Beneficiary. The right to notify the lessees under the Leases, with or without taking possession of the Property, to demand that all Rents under such Leases thereafter be paid to Beneficiary; (b) Enter and Passeas the Proverty. (i) The right to enter into possession of the Property, either by a murt- appointed receiver or by any other legally permissible memo; (if) to assume control with respect to and to pay all expenses incurred in connection with the development, construction, operation, maintenance, repair or restoration of the Property; (111) to enforce all Leases and to collect oil Rents due theraunder, and to apply all Rents received by Beneficiary as set forth herein; (Iv) if ordered by a court of competent jurisdiction, to amend, modify, extend, renew and terminate any or all Leases or to execute now Leases; and (v) to do all other acts which Beneficiary shall determine, in its sale discretion, to be necessary or desirable to carry out the purposes of this Assignment; and (a) Specific Perfarmmce. The right to specifically enforce the provisions of this assignment and, if Beneficiary shall so elect, to obtain the appointment of a receiver pursuant to and in accordanco with the provisions of We Deed of Trust. 2.8.7 ProtaotlonpfLessees. Truster and Beneficiary agree that all lessees under any Lanese shall be bound by and required to comply with the provisions of this assignment in connection therewith, Truster and Beneficiary further agree o , follows: (a) Notice to Lessees of Assignment If requested by Beneficiary, Tractor shall: BOOK 1516 PAGE S8 roaem a Deed of Trust Unib 2-8, yhe Nauticv! Cfub Alatter Cmdomfnium, Cmlrrtl County, NC (i) notify each lessee under any Uses now or hereafter affecting all or any portion of the Property of the existence of this assignment and the rights and obligations of Truster and Beneficiary hereunder; (if) provide each present or future lessee with a copy of this assignment;and (!if) obtain each lessee's agreement to be bound and comply with the provisions hereof. (b) Reference to Assienment. All Leases hereafter executed with respect to the Property or any portion thereof shell contain a reference to this assignment and abaft state that such lessee shall he bound by and shall comply with the previsions hereof. (a) Occurrence f Event of Default. Upon the occurrence of an Event of Default and at any time thereafter during the continuance thereof, Beneficiary may, at its option, send any lessee a notice to the effect that: (i) an Event of Default bee occurred and that Beneficiary has revoked Truster's license to reflect the Rents; (U) Beneficiary has elected to exercise itsrights under this assignment; and (if!) such lessee is thereby directed to thereafter make all payments of Rents and to perform all obligations under its Lease for the benefit of Beneficiary or as Beneficiary shall direct (d) Notice to Lessee To Comply With Leases, Upon receipt of any such notice from Beneficiary, each lessee is hereby instructed by Truster and Beneficiary to comply with the provisions of such notice, to make all payments of Rents and to perform all obligations tinder the Lease to and for the benefit of Beneficiary or as Beneficiary shall direct Such notice and direction shall romain effective until the fret to occur. (i) the receipt by Lessee of a subsequent notice from Beneficiary to the effect that such Event of Default has been cured or that Beneficiary has appointed Truster to act as agent for Beneficiary pursuant to this assignment; (U) the appointment of a receiver pursuant to this assignment, in which event such lasses shall thereafter make payments of Rents and perform all obligations under the Leases as may be directed by such receiver, or (iii) the ieauance, of an order of a court of competent jurisdiction terminating this assignment or otherwise directing such lessee to pay Rents and perform its obligations in a summer inceneiatent with said notice. (e) Lean-ALgan-A Reliance Notice From Benefichiry. Each lessee shall be entitled to rely upon any notice from Beneficiary and shall be protected with respect to any payment of Rents made pursuant to such notice. (D Ho 122ty har Lessee To Inventlarile. Each lessee who receives a notice from Beneficiary pursuant to this assignment shall not be required to investigate or determine the validity or accuracy of such notice or the validity or enforceability of this 7040at 0 Dasd afTmot Unity ", The Naatfrnf Club Monte, CondomiNum, Carteret Csµnty, NC BOOKIVb ._._Pfa G-" 58 assignment, Truetor hereby agrees to indemnify, defend and hold such lessee harmless from and against any and all loss, claim, damage or liability arising from or related to payment of Rents or performance of obligations under any Lease by ouch lessee mnde in good faith in rebance on and pursuant to such notice. (g) No Assumption by Beneficiary of Lease Oblinntione. The payment of Rents to Beneficiary pursuant to any such notice and the performance of obligations under any Lenso m or for the benefit of Beneficiary shall not cause Beneficiary to assume or he bound by the provisions of ouch Leone, including, but not limited to, any duty to return any Security Deposit to the lessee under such lease unless and to the extent such Security Deposit was paid to Beneficiary by Truemr. (h) AssfgnMant Bi die on Lessee The previsions of this Section 2.8(h) are expreeely made for the benefit of and shall be binding on and enforceable by each leases under any Lease now or hereafter affecting all or any portion of the Property. ' 2.8.8 APPli-RtiOn Of Rental Security Deposits . All Rents received by Beneficiary pursuant to this assignment shall be applied by Beneficiary, in its sole discretion, to any of the following. - (a) Pirst. to pay my mate and expenses of collection of the Rents that may be incurred by Beneficiary; (b) Second • to pay any mats and expenses incurred by beneficiary in connection with the development, construction, operation, maintenance, repair or restoration of the Property, (c) Thirdto the establishment of reasonable reserves for working capital and for anticipated or projected cams and expenses of the Property, including, without limitation, capital improvements which may be necessary or desirable or required by law; (d) Pau , to the payment of any indebtedness then owing by Truster to Beneficiary; and (a) Thereafterto remit the remainder, if may, to the person or persona entitled thereto. (f) in connection herewith, Truster further agrees that all Rents received by Beneficiary from any lessee may be allocated, if Beneficiary so elects, to the payment of all current obligations of such lessee under its Lease and not to amounts which may be accrued and rmpaid an of the date of revocation of Trucmr's license to collect such Rents. Beneficiary may, but shall have no obligation to, pursue any lessee for the payment of Rents which may be due under its Lease with respect many period prior to the exercise of Beneficiary's rights under this assignment or which may became due thereafter. Beneficiary shall not be liable to any lessee for the payment or return of any Security Deposit under any Lease unless and to the extent that such Security Deposit ban been paid to and received by Beneficiary, and Truster agrees to indemnify, defend and hold Beneficiary harmless from and against any and all losses, claims, damages or liabilities arising out of any claim by a lessee with respect thereto, except to the extent such claim, lose, damage or liability arisen from the gross negligence or willful misconduct of Beneficiary. Truster further agrees that the collection of Rents by Beneficiary and the application of such Rents by Beneficiary to the testa, expenses and obligations referred to herein shall not cure or waive any default or Event of Default or invalidate any act (including, but not limited in, any male of oil or any portion of the Property 764001 Book J� PAGE 5 ,a Dcedot Trust Uoitr 2-8. 7ho Nautical Club Mmtcr Condominium, Carteret County, NC or any property now or hereafter securing the Loan) done in response to or as a result of such Event of Default or pursuant to any notice of default or notice of sale issued pursuant to this Deed of'hust 2.8.9 Covennnta yTruntor. Truster agrees as Mews: (a) Na Annendrectet or Termination nf L Truster shall not enter into, amend, modify or terminate any Lease of all or any portion of the Property, except in accordance with the provisions of this Deed of Trust; (b) No Acceptance ofAdvanes Raut. Truster shall not accept advance rent in excess of one (1) month from any Lessen without the prior written cement of Beneficiary; (c) Delivery of Leases Upon request by written notice to Truster by Beneficiary, Truster shall provide Beneficiary with true, correct and complete copies of all Leases, together with such other information tainting to the Lessee or to the lessees thereunder as Beneficiary shall reasonably request; and (d) Beneficiary's Rights To Inspect Books d Records. Upon request of Beneficiary, Truster shall make available to Beneficiary all books, records, fxemcial statements and other information relating to the Leases, the collection of all Rents, and the disposition and disbursement thereof. (a) Business Purvosee. The proceeds of the Loan shall he used exclusively for business purposes; and (f) Non AnrimtlturnL No portion of the Property is used or will be used principally far agricultural purposes. 2.8.10 Priority f A e'en t• Further Assurances Truster hereby repeesenfs and warrants that the assignment hereby granted is a first priority assignment and that no other assignments of all or any portion of the Rents or the Leases exist or remain outstanding. Truetor agrees to take such actin and to execute, deliver and record such documents as may be reasonably necessary to evidence such assignment, and to establish the priority thereof and to carry out the intent and purpose hereof. If requested by Beneficiary, Truster shall execute a specific assignment of any Lease now or hereafter affecting all or any portion of the Property. 2.0.11 $ nefi ' riot Responsible for T t ObligationsObIlgations Nothing contained herein shall operate or be construed to obligate Beneficiary to perform any of the terme, covenants and renditions contained in any Leone or otherwise to impose any obligation upon Beneficiary with respect to any Lease, including, but not limited to, any obligation arising out of any covenant of quiet enjoyment therein contained in the event the lessee under any such Lease shall have been joined as a party defendant in any action to foreclose and the estate of such Lenses shall have been thereby terminated. Prior to actual entry into and taking possession of the Property by Beneficiary, this assignment shall not operate to place upon Beneficiary any responsibility for the operation, control, care, management or repair of the Property or any portion thereof, and the execution of this assignment by Treater shall constitute conclusive evidence that all responsibility for the operation control, care, management and repair of the Property is and shall be that of Trustor, prior to such actual entry and taking of poeseseiam BOOK /1/6 PAGE s8 964e51 11 Deed of Trust ffnim 2-8, The Nautical Club hfartar Condominium, Carteret County, NC 2.8.12 Termination of Assignment. A full and complete release and reconveywom of tide Deed of Trust shall operate as a full and complete release of all of Beneficiary's rights and interest hereunder. Upon the recordation of ouch release and reconveyance, this assignment shall thereafter be void and arm) further effect. 2.9 Duo -On —Sala Provision. The Note secured by this Deed of Trust provides for, among other provisions, the fallowing: 'Borrower acknowledges and ogrem that the aeditworeb}ams of Burrower snit expertise of Barreaw in owning and operating the Property covered by the Security Iastrumant which cocoons this Note is the basis open which Iendw has deiarmioed that it is protected against impairment or the security and risk of default and thereby has agreed m land Borcownr the principal sum rot forth above. In arder an induce fender in make the Iraq Borrower agrees that in the event crony 'chnngo of Control" (as defined in the lean Agreement), without the prior written consent of Iendan Lender shall have the absolute right at its option, without prior demand or notice, to declare all sums second hereby immediately due and payable. Coconut te can web transaction shall not he deemed to he a waiver of the right to require consent to future or eurewsive tmmactione, louder may grunt or deny such concoct in its aele discotion and, if cement should be given, any Ouch moment shall be aubjut to this Now nod the other Ica. Documents, and such tra.efares ehall assume all obligations borounder and thereunder and agree to be hound by the provisions centainod lmodn and theist . Such oesumptiw shall not however, release Borrower or any maker or romancer of the Note from any liability hamnnder or thereunder without the prior written consent ofLenden' 2.10 Wg k• Changes iZ.ninm Subdivision. 2.10.1 No Waste P ittd• Corulition and Rcruthr or Priorierty. Truster shall not commit any waste on the Property or take any actions that might invalidate any insurance carried an the Property. Truster shall maintain the Property, and every portion thereof in good condition and repair. During the continuance of an Event of Default Beneficiary shall have the right. but not the obligation, m enter upon and take possession of the Property and to make additions, alterations, repairs, or improvements to the Property which Beneficiary may reasonably consider newsenry or proper to keep the Property in good condition and repair. Except for any demolition of existing improvements andfor in connection with property preservation (as detailed on the applicable Disbursement Request no defined in the Loan Agreement) which has been approved by Beneficiary, no improvements may he removed, demolished Or materially altered without the prior written consent of Beneficiary, which Beneficiary may withhold in its sole and absolute diemetiun. No Personal Property in which Beneficiary has a security interest may be removed from the Property unless it is immediately replaced by similar property of at least equivalent value on which Beneficiary will immediately have a valid first lien and security interest. Truster affirmatively warrants and represents that if any Improvements, or any port thereof, require inspection, repair or protection other than that given by Truemr, then, and in that event Beneficiary may enter or cause entry to be mode upon said property and into cold building or buildings for inspection, repair or protection thereof, and much repair may be made by Beneficiary and be made or done in such manner as fully to protect the interest of Beneficiary, and any and all news expended by Beneficiary in doing or causing to be done any or the things above authorized we seemed by this Deed of Trust and shall be paid by Truster on demand. Truster shall comply with all laws, ordinances, governmental regulations, and CC&Rs affecting the Property or requiring any alteration or improvement thereof, and shall permit no violation, as to the Property, of any such law, ordinance, governmental regulation, covenant, condition or restriction affecting the Property. 2.10.2 No Chang In 7witrim C &R ty Without the prior written consent of Beneflainry, which Beneficiary may withhold in its solo and absolute disrretion. Truster shall not seek, ranks or consent to any change in the wring or conditions of use of the Property. Treater, at its sole cost, shall comply with and make all payments required under the provisions of any CC&Ra 70401 12 Deed ofTruet Unite 2-8, The Nautical Chub Music, Condominium, Carteret County, NC BOOK ls16 PAGE SO_ affecting the Property, including but not limited to those contained in any declaration and constituent documents of any condominium, cooperative or planned Unit development project on the Property. Truster, at its sole cast, shell comply with all existing and future requirements of all governmental authorities having jurisdiction over the Property. 2.10.3 Governnnental Permits, Licenses nd Approval. . If this Deed of Trust covers a subdivision or common interest development ("Subdivision'), as defined under any North Carolina law relating to the development or Bale of a "common interest development" or a "subdivision," Truawr shall obtain, comply with and keep in effect all present and future permits, maps, bonds and other agreements required by applicable laws and regulations for the lawful construction or sole of the Subdivision low and/or unite. 2.1I Books and Records. 2.11.1 p2glis and Records Maintained by Trumtor. Truster shall keep adequate hooks and records of account fin the Property and for its awn financial affairs in a manner sufficient to permit the preparation of financial statement, therefrom in accordance with the forma of statements provided to and accepted by Beneficiary as of the date hereof. Upon prior reasonable written notice to Treater, Beneficiary ahall have the right to examine, copy and audit Trmtar's records and books of account at all reasonable times by written notice to Truster. Treater will deliver to Beneficiary all financial etatamenw for Ttuswr and the Property Be required under the Iron Agreement. 2.11.2 Written Statement or InOebtachmag. Trustor will promptly furnish from time to time. upon Beneficiary's request, a duly acknowledged written statement setting forth all amounts due an the iadebtedneBe secured by this Deed of Trust and stating whether any offsets or defebeee exist, and containing such other matters as Beneficiary may reasonably require. 2.12 Defend Socurily. 2.12.1 Defense of Benefcinrv. Truster shag, at its own expense, appear in -and defend any action or proceeding that is reasonably likely to materially affect Beneficiary's security or the rights or powers of Beneficiary or Trustee or that purports to affect any of the Property. If Truster fails to perform any of its covenant, or agreements contained in this Deed of Trust, the Loan Agreement, or any of the other Loan Documents, or if any action or proceedings of any kind (including but not limited to any bnnkruplay, insolvency, arrangement, reorganization or other debtor relief proceeding) is commenced which might affect Beneficiary's or Trustee's interest in the Property or Beneficiary's right to enforce its security, then Benofciary and/dr Trustee may, at their option, make any appearances, diaburse any sums and take my action as may be necessary or desirable to protect or enforce the security of this Deed of Trust or to remedy the failure of Truster to Perform it, covenants, including without limitation payment on behalf of Trustor of any taxes, assessments, liens, insurance premiums, and repair or maintenance coats (without, however, waiving any default of Truawr). 2.I12 Payment of Derange race and Cost . Truster agrees to pay all out-of- pocket expenses of Beneficiary and Truet,e incurred under 2.12.1 above (including but not limited to fees and disbursements of comae]). Any sums disbursed or advanced by Beneficiary or Trustee shall be additional indebtedness of Truster secured by this Deed of Trust and shall be payable by Truntar upon demand. Any such sums so disbursed or advanced by Beneficiary shall bent interest of the Default Interest Raw Be set forth in the Note. This Section 2.12 shall net be construed to require Beneficiary or Trustee to incur any expenses, make my appearances, or take any other actions. BOOK 15/6 PAGE SS zaaaat 12 Deed ofT.,t Units 2.8, The Nautical Club afoater Condominium, Carteret County, NC 2.23 Damon and Destruction. Notwithstanding anything contained herein to the contrary, if any port of the Property is damaged or destroyed by any means, including, without limitation, by Bond, earthquake, wind or fire, Tremor shall promptly restore the Property to its prior undamaged condition in accordance with the following: 2.18.1 Plan of Restoration. Truster shall present within sixty (60) days of such damage or destruction to Beneficiary a plan for restoration which includes, among other things, plane and specifications prepared by an architect satisfactory to Beneficiary, cost estimates and time schedules which in Beneficiary's sale discretion am satisfactory; 2.13.2 Construction Contract. Truster shall enter into, with Beneficiary's prior written consent, which consent shall not be unreasonably withheld, a mntract with contractor(a) providing for the complete restoration in accordance with such restoration plan previously approved by Beneficiary within ninety (90) days of such damage or destruction; and 2.13.3 Aonlicntion of Insurance Proceeds. The insurance proceeds available by reason of such damage or destruction that ore received by Beneficiary pursuant to Section 2.3.1 above (lase Beneficiary's reasonable meta and expenses incurred in obtaining such funds) plus additional auras provided to Beneficiary by Trustor for restoration purposes shall be at least equal to the anticipated mate of competing such construction, which anticipated mete shall include, but not be limited to, appropriate interest reserves and contingency funds reasonably required by Beneficiary. 2.13.4 Conditioun to Disbursement of Proceeds. When Truster has complied with all of the preceding substations of this Section 2.13, Beneficiary may condition disbursement of the sums specified in aubsection 2.13.3 above to Trustar on terms and conditions such as those governing disbursements of loan funds in construction loans made by Beneficiary for similar properties. 2.14 Condemnation. Truemr hereby assigns to Beneficiary, as security for Trustees obligations under the Loan Documents, all compensation, awards and other payments (collectively "Compensation") payable to Truster in connection with any taking of all or any portion of the Property for public use, and any Proceeds of any related settlement regardless of whether eminent domain proceedings are instituted in connection therewith. Truster shall deliver to Beneficiary immediately upon receipt all Compensation and related settlement promeds. 2.18 Homestead. Them is no homestead or other exemption available to Truster which would materially interfere with the right to sag the Property at a trustee's sole or the right to foreclose this Deed of Trust. Further, Truster waives any homestead right pursuant to Section 38- 41.201, at seq., of the North Carolina Revised Statutes, as amended from time to time. 2.10 Security Aarm.mont and Pixture Fflfne. 2.16.1 Docd of Trust Includes Security Acrostic.. This Deed of Trust is intended to be and shall constitute a "Security AgreamenE' as defined in the North Cavities, Commercial Code, Truster being the "deIAW and the Beneficiary being the "secured party." Truster hereby grants, Beneficiary a security interest in any items of Personal Property described in Exhibit'B" attached bereto which we not herein effectively made a part of the Real Property for the purpose of securing all indebtedness and other obligations of Truster now or hereafter secured by this Deed of Trust. Portions of the Property described herein an encumbered by the Deed of Trust ore goods which have became or are about to became fixtures relating to the Property and Improvementa described herein, and Truator herein expressly mvenante and agrees that the filing of this Deed of Trust in the real estate records of the county where the encumbered Property is located 764051 14 Daed afTruet Units 2-8, The Nautical Club Master Condominium, Carteret County, NC BOOK I Sl b PAGE s8 shall also operate from the time of filing therein as a financing Statement filed as a future fling in accordance with North Carolinas Uniform Commercial Code -Secured Transactions. Therefore, in accordance with the Ninth CamBm Uniform Commercial Code, the Deed of Trust shall continue to be prior to any other security interest in goads on the Property that may become or are about to became fixtures for the completion otmnstructlon. 2.16.2 Delivery of Pinnacles: Statements. Trustor authorizes the filing of financing and continuation Statements covering the Personal Property from time to time in such form as Beneficiary may require to perfect and continue the perfection of Beneficiary's security interest with respect to said property, and to reimburse Beneficiary for any costs incurred in filing such financing statements and any continuation statements. 2.16.3 No Other Security Tnterest Porraitted. Truster shall not mate or allow the creation of any other security interest in the Personal Property. 2.16.4 Mettle Upon Default. Upon the occurrence of any Event of Default by Truator, Beneficiary shall have the rights and remedies of a Secured party under the Colomedo Commercial Code, as well as all other rights and remedies available at law or in equity Or as provided herein, all at Beneficiary's option. 2.16.E Effect of F'1' ir of Financing Statement t_ Trmtor and Beneficiary agree that the filing of a financing Statement in the records normally having to do with personal property shall never be constmed an in any way impairing this declaration and the stated intention of the parties hereto that everything used in connection with the operation or occupancy, of said property or the production of income therefrom (which to owned by Truster) is and, at all times and for all purposes and in all proceedinge, both legal and equitable, shall be regarded as Real Property encumbered by this Deed of Trust. 2.10.6 Fixture Mine. The personal property in which Beneficiary has a security interest includes goods which are or shall become fixtures an the Property. This Deed of Trust is intended to Serve as a fixture Sling pursuant to the terms of the North Carolina Uniform Commercial Code. This filing in to he recorded in the real estate records of the county in which the Property is located. This filing remains in effect as a fixture filing until this Deed of Trust is released or satisfied of record or its effectiveness otherwise terminates as to the Property. In that regard, the following information is provided: Name and Address of Debtor Lumplight Capital& Asset Management, LLC 10375 Richmond Avenue, Suite #1010 Houston, TX 77042 Name and Address of Secured Party: Royal Bards of Canada 20King Street West, Fourth Floor Taranto MGH1C4, Attention Loan Administration Property Description: See Exhibit "A" attached hereto. 2.17 Indemnification ofT t Band Benef 2.17.1 Indenmlfication. Truetor hereby agrees to indemnify Trustee and Beneficiary against, had hold them harmleaa from, all losses, damages, liabilities, claims, caueee of action, judgments, court mate, attorneys' fees and other legal expenses, which either may suffer or renennably incur. 7WO61 16 Dead ofTmUt Unite 2.8, 2he Noulical Club dfustcr Condominium. Corieret County, NC BOOK S/ 1 G PAGE sue_ (a) By reason of this Deed of Trust (excluding any regulatory or other administrative losses, damages, liabilities, claims, causes of action, iudgmento, court costs, attorneys' fees and other legal expenses arising out of claims against Beneficiary in connection with its lending activities); or (h) By reason of the execution of this Deed of Trust or in performance of any act by Trustor which is required or permitted hereunder or by low; or (c) As a result of any failure of Truster to perform Trustor's obligations under the Loan Documents; or (d) By reason of any alleged obligation or undertaking on Beneficiary's part to perform or discharge any of the representations, warranties, conditions, covenants or other obligations of Trawler contained in any other Loan Document related to the Property, the Loan or Trnstor. 2.17.2 No Liability of Truster. Notwithstanding the foregoing, Truster shall not he liable under Section 2.17.1 to the extent that Truster establishes that ouch liability is attributable solely and directly to the gross' negligence or willful misconduct of Trustee or Beneficiary. 2.17.3 payment of Indebtedness. Truetor shall pay all indebtedness arising under this Section 2.17 immediately upon demand by Trustee or Beneficiary, together with interest thereon from the date the indebtedness arises at the Default Interest Rate of interest net forth in the Note (after giving effect to any notice and/or cure periods). Truetar s duty to indemnify Trustee and Beneficiary shall survive the release and cancellation of the Obligations and the release and reconveyance or any partial release or reconveyame of this Deed of Trust 2.16 Insurance and Tax Impounds. Upon notice by Beneficiary to Truster during the continuance of an Event of Default, Truster shall establish and maintain at all times while this Deed of Treat continues in effect an impound account ("Impound Account') with Beneficiary for the Payment of real estate taxes and assessments and insurance an the Property and as additional security for the indebtedness secured hereby. 2.18.1 Denosit Into Impound Accoun4 If required by Beneficiary in its sole discretion after any Event of Default, Truster shall deposit in the Impound Account an amount determined by Beneficiary to be necessary to ensure that there will be on deposit with Beneficiary an amount which, when added to the monthly payments subsequently required to be deposited with Beneficiary hereunder on account of real estate taxes, assessments and insurance premiums, will result in there always being on deposit with Beneficiary in the Impound Account an amount sufficient to pay the next duo semiannual installments of real estate taxes and assessments on the Property and the next due annual insurance premiums with respect to the Property (if paid in one installment), (a) If required by Beneficiary in its sole discretion, after an Event of Default and commencing on the next monthly payment data under the Nato following said default, and continuing thereafter on each subsequent monthly payment date under the Note, Trustor shall pay to Beneficiary, concurrently with and in addition to the monthly payment due under the Note and until the Note and all other indebtedness secured hereby is fully paid and performed, deposits in an amount equal to one -twelfth (1112) of the amount of the annual real estate taxes and assessments that will next became due and payable on the Property, plus one -twelfth (1112) of the amount of the annual premiums that will next become due and payable on insurance policies which Truster is required to maintain hereunder, each as estimated and determined by Beneficiary. BOOK S (o PAGE S8 Units -�—ld--� Deed nlTruet Unite Uatt The Nautirpl Club afaa[er Condominium, Carteret County, NC (b) Notwithstanding anything to the contrary herein, if the amount of the monthly deposit being paid at any time pursuant to subsection (a) above, multiplied by the number of subsequent monthly installments, when added m the amount held an deposit at such time, will be insufficient to pay, thirty (30) days prior to delinquency, the next annual installments of inaurmce and taxes and assessments due and payable, then Truster shall immediately deposit the amount of the deficiency, and my failure to do so shall he deemed to he an Event of Default under this Deed of Trust. 2.18.2 ResnonsiblH Truster shall he responsible for ensuring the receipt by Beneficiary, at least thirty (30) days prior to the respective due dates for payment thereat of all hills, invoices and statements fan all taxes, assessments and insurance premiums to be paid from the Impound Aummrb, and Beneficiary shall pay the governmental authority or other party entitled thereto directly to the extent funds are available for such purpose in the Impound Account 2.18.8 Reliance. In malting any payment from the Impound Account, Beneficiary shall he entitled to rely on my bill, statement or estimate procured from the appropriate public office or insurance company or agent without any inquiry into the accuracy of such bill, statement or estimate and without any inquiry into the accuracy, validity, enforceability or contestability of any tax, assessment, valuation, sale, forfeiture, tax lien or title or claim thereof. . 2.18.4 1-!muls in Impound A L The Impound Account shall not, unless otherwise explicitly required by applicable law, be or be deemed to be escrow or trust funds, but, at Beneficiary's option and in Beneficiary's discretion, may either be held in a separate account or be commingled by Beneficiary with the general funde of Beneficiary. No interest on funds contained in the Impound Amount shall be paid by Beneficiary to Trustor. The Impound Account is solely far the protection of Beneficiary and actions no responsibility an Beneficiary's part beyond the payment of taxes, assessments and insurance premiums following receipt of bills, invoices or statements therefor in accordance with the terms hereof and beyond the allowing of due credit for the sums actually received. (a) Upon assignment of this Deed of Trust by Beneficiary, any funds in the Impound Account shall be turned over to the assignee and my responsibility of Beneficiary, as assignor, with respect thereto shall terminate. (b) If the total funds in the Impound Account shall exceed the amount of payments actually applied by Beneficiary for the purposes of the Impound Account such excess may be credited by Beneficiary on subsequent payments to be made hereunder or, at the option of Beneficiary, refunded to Truster. If, however, the Impound Account shall not contain sufficient funds to pay the sums required when the same shall become due and payable. Truster shall, within ton (10) days after receipt of written notice thereof, deposit with Beneficiary the fall amount of any such deficiency. IMuscer shall furl to deposit with Beneficiary the full amount of such deficiency no provided above, Beneficiary shall have the option, but not the obligation, to make such deposit and all amounts so deposited by Beneficiary, together with interest thereon at the Default Interest Bate from the date incurred by Beneficiary until actually paid by Truster, shall be immediately paid by Truster on demand and shall he secured by this Deed of Trust and by all of the other Loan Documents securing all or any part of the indebtedness evidenced by the Note. If there is a default under this Deed of Trust which is not cured within any applicable grace m cure period, Beneficiary may, but shall not be obligated to, apply at any time the balance then remaining in the Impound Account against the indebtedness eerured hereby in whatever order Beneficiary shall subjectively determine. BOOK jl/ PAGE, 5P_ 704091 17 Decd ofTrvst Ueda 2-8.77r No W ieal Club Afaater Condominium, Corenri Coanly, NC 2.18.E No Cure or Waiver. No such application of the Impound Account shall be deemed to cure any default hereunder. Upon full payment of the indebtedness secured hereby in accordance with its terms or at such earlier time as Beneficiary may elect, the balance of the Impound Account then in Beneficiary's possession shall be paid ever to Truster and no other party shall have any right or claim thereto. 1�DUDI &L01sl1)olVA*I 3.1 List of Events of Default An "Event of Default" shall have occurred under this Deed of Treat upon the occurrence of any of the fallowing beyond any applicable notice and cure period; 3.1.1 Failure To Mahe Not. Payn onts. Truetor fails timely to make any payment required by the Nate, any Future Advances, or any of the other Loan Documents; or 3.1.2 B h f Loan Arercenneut.and Deed of Trust Covenants. Truster breaches any warranty or fails to perform any other covenant contained in the Ivan Agreement this Deed of Trust or any of the other Loan Documents, and dean not cure that failure within the period of time, if any, that Beneficiary has granted to Truster in said documents to cure that failure; or 3.1.3 Violation of Duc-On-Salo Provision. Any violation of the restrictions on the transfer of the Property or the transfer of any interest in True= as eat forth in Section 2.9 of this Deed of Trustwithout the prior written consent afBenefioary; or - 3.1.4 Other Events of Default. Any other Event of Default occurs under the Leon Agreement the Note, or any of the other Loon Documents. 3.1.8 Notice and Cure Itinhts. All of the Events of Default described herein shall be subject to any notice and cure provisions act forth in the Lunn Agreement and the Note. 4. REMEDIES FOR DEFAULT. 4.1 List of Remedies for Default At any time following an Event of Default, Beneficiary may, at its option, and without notice to or demand upon Trustor (except as may be required under applicable law): 4.1.1 Acceleration ofDebt Declare any or all indebtedness secured by this Deed of Trost to be due and payable immediately. Beneficiary shall give notice to Truster prior to acceleration following Trustora breach of any covenant or agreement in this Dead of Trust (but not prior to acceleration under Section 2.9 unless Applicable Law provides otherwise). The notice shall specify; (a) the default•, (b) the action required to cure the default; (c) a date, not lass than 30 days from the date the notice is given to Truster, by which the default must be cured; and (d) that failure to cure the default an or before the date specified in the notice may result in acceleration of the sums secured by this Dead of Trust and sale of the Property. The notice shall further inform Truster 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 Truster to acceleration and sale. If the default is not cured an or before the date speed in the notice, Beneficiary at its option may require immediate payment in full of all were secured by this Deed or.Trust without further demand and may invoke the power of sale and any other remedies permitted by applicable low. Beneficiary shall be entitled to collect all expenses incurred in pursuing the remedies provided hereunder, including, but not limited to, reasonable attemeye fees and costs of title evidence; BOOK tgPAGE 52 1040e1 18 Dred of Trust Units 2.8, The Nouliml Club Minster Condominium, Carleret County, NC 4.1.2 Enter and Possess Property. Enter onto the Property, in person or by agent or by mart appointed receiver, and take any and all steps which may be desirable in Beneficiary's judgment to complete any unfinished construction and/or to manage, operate, preserve, develop, maintain and protect the Property, and Beneficiary may apply any Rents, royalties, income or profits collected against the Obligations secured by this Deed of Trust without in any way curing or waiving any default of huator; 4.1.8 Assemble and Deliver Personal Property. Cause Tlustor to assemble any Personal Property and deliver it to Beneficiary at a place designated by Beneficiary; 4.1.4 Judicial Foreclosure. Bring a court action to foreclose this Deed of Trust or to enforce its provisions or any of the indebtedness or Obligations secured by this Deed of Trust; 4.1.8 Power of Sale. Cause any or all of the Property to be said under the power of sale granted by this Deed of Trust in any manner permitted by applicable law. If Beneficiary invokes the power of sale, Beneficiary shall give written notice to Trustee of the occurrence of an event of default and of Beneficiary'a election to muse the Property to be sold. Beneficiary shall mail a copy of the notice in Truster as provided hereunder. Trustee shall record a copy of the notice in the county in which the Property is located. Trustee shall publish a notice of sale for the time and in the manner provided by applicable low and shall mail copies of the notice of sale in the manner prescribed by applicable law to Truster and to the other persona prescribed by applicable law. After the time required by applicable law, Trustee, without demand on Truster, shall Sell the Property at Public auction to the highest bidder for cash at the time and plum and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Beneficiary or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's certificate describing the Property and the time the purchaser will be entitled to Trustee's deed. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. 4.1.6 Appointment of Receiver. Beneficiary shall have the right to petition the court. on an ex parts basis, for the appointment of a receiver far the Property. Truetor acknowledges and agrees that Beneficiary is entitled to the appointment of a receiver for the Property without regard to (a) the adequacy of the collateral or (b) the existenco of any waste with respect to the Property. TRUSTOR HEREBY CONSENTS TO THE APPOINTMENT OF A RECEIVER ON AN EX PARTS BASIS. BENEFICIARY MAY PROVIDE ANY COURT WITH A COPY OF THIS AGREEMENT AS PROOF OF BENEFICIARY'S AUTHORITY, AND TRUSTOR'S CONSENT THERETO, TO OBTAIN A RECEIVER FOR THE PROPERTY. Such right shell be exercised, if at all, by Beneficiary in Beneficiary's sole and absolute discretion at any time on or after the date hereof, 4.1.7 Other Rirhts and Remedies. Exercise any other right or remedy available under any of the Loan Documents or otherwise available under low or in equity, including without limitation, rights and remedies with respect to the Personal Property that are available to a Secured Party under the North Carolina Uniform Commercial Code. 4.2 Sale of Property 4.2.1 Record Notices of Default and Sale. For any sale under the power of aide granted by this Deed of Trust, Beneficiary shell muse Trustee to record and give all notices required by law. After compliance with such notice requirements, and upon the expiration of ouch time as is required by law, Trustee may sell the Property upon any terms and conditions specified by Beneficiary and permitted by applicable law. 7e401 19 /load of Trust Units 7-8. The NnuUmf Club Masser Condsminium, Cor(errl County, NC BOOK 1SPAGE 5�_ 4.2.2 Right To Postpone Sale. Trustee may postpone any Bale by public announcement at the time and place noticed for the sale. 4.2.3 Sale of Multiple LotsfParcels. If the Property consists of several lots or parcels, Beneficiary in its discretion may designate their order of sale or may elect to sell them through a single sale, or through two (2) or more successive males, or in any other manner Beneficiary may elect. In the event Beneficiary elects to dispose of the Property through more than one (1) sale, Treater shall pay the mete and expenses of each such sale and of any judicial proceedings wherein the same may be made. 4.2.4 Right To Purehoss at Noniudicinl Sala. Any person, including Truster, Trustee, and Beneficiary, may purchase at any vale, and Beneficiary shall have the right to purchase at any sale hereunder by crediting upon the bid prim the amount of all or any part of the indebtedness secured hereby. 4.2.5 Deed At Sale. Upon the completion of the sale, Trustee shall execute and deliver to the purchaser or purchasers a deed or deeds conveying the property sold, but without any covenant or warranty, expross or implied, and the recitals in the deed or deeds of any facts affecting the regularity or validity of the sale shall be conclusive against all persons. 4.6 Application of Proceeds. The proceeds of any sale under this Deed of Treat shall he applied in the following manner: 4.8.1 Pirst: Payment of the roam and expenses of the sole, including but not limited to, the reasonable fees and expenses of the agents, contractors and legal fees of Beneficiary in connection with such sale or collection. 4.2.2 Second: Payment of all sums expended by Beneficiary under the terms of this Deed of Trust and not yet repaid, together with interest an such sums at the Default Interest Rate set forth in the Note. 4.8.6 Third: Payment of the entire indebtedness and Obligations of Trustor secured by this Deed of Trus% in any order that Beneficiary ehonsm, 4.6.4 Fourth: The remainder, if any, to the person or persons legally entitled to iL 4.4 Waiver of Riahts. Truster waives all rights to direct the order in which any of the Property shall be sold in the event of any Bob, under this Deed of Trust, and also any right to have my of the Property marshaled upon any sale. 4.5 Remedios Are Cumulative, All remedies contained in this Deed of Trust are cumulative, end Beneficiary has all other remedies provided by law, in equity, or in any other agreement between Tremor and Beneficiary. No delay or failure by Beneficiary to exercise any right or remedy under this Deed of Trust shall be construed to be a waiver of that right or remedy or of any default by Mcuator. Bmeliciary may exercise any one (1) or mom of its rights and remedies at its option without regard to the adequacy of its security. 4.6 p t of D Truster shall Puy all of Beneficiary's and Trustee's nameable expenses incurred in any efforts to enforce any terms of this Deed of Trust, whether or not any lawsuit is filed, including but not limited to legal fees and disbursements, foreclosure mote, escrow fees. Filing fade, recording fees, and title charges. BOOK ISA PAGE Ee 764001 20 Deed of Trust Units &8. The Nautical Club Master Condominium, Carteret County, NC 4.7 No Cure or Waiver. Neither Beneficiary's nor Trustee's nor any receivers entry upon and taking possession of all or any part of the Property, nor any collection of Rents, issues, profits, Proceeds, other security ur proceeds of other security, or other sums, nor the application of any collected sum to any Obligation, nor the exercise of any other right or remedy by Beneficiary or Trustee or any receiver shall cure or waive any breach, Event of Default or notice of default under thin Deed of Trust, or nullify the effect of any notice of default or sale (unless all Obligations then due have been paid and performed and Truster has cured all other defaults), or impair the status of the security, or prejudice Beneficiary or Trustee in the exercise of any right or remedy, or be construed as on of<rmathm by Beneficiary of any tenancy. Lease, or option or a subordination of the lien of this Deed of Trust. 4.8 power To File Notices and Cure Defaults. Subject to any notice and cure rights set forth herein or in any of the Loan Documents, Truster busby irrevocably appoints Beneficiary and ite uuccaesore and oeaigns as Truster's attorney -in -fact, which agency is coupled with an Interest: 4.8.1 to execute and record any notices of completion, cessation of labor, or any other satires that Beneficiary deems appropriate to protect Beneficiary's interest, and 4.8.2 upon the oceurrence of an Event of Default, to perform any obligation of Truster hereunder, provided, that: (a) Beneficiary, as such attorney -in -tote, shell only be accountable for such funds as ore actually received by Beneficiary, and (b) Beneficiary, shall nut be liable to Truster or any other person or entity for any failure to act under this section. S. MISCELLANEOUS. 6.1 Invalidity. The invalidity or unmdmceability, of any one (1) or more provisions of this Deed of Tntst will in no way offset any other provision. 5.2 Sintement. Truster agrees to pay Beneficiary a rensannble charge, not to exceed the maximum allowed by law, for giving say statement of the status of the Obligations secured by this Deed of Trust. 6.8 Notices. AB notices given under this Deed of Trust must be in writing and shall he in the form and delivered in the manner set forth in the Loan Agreement. 6.4 Rights of Beneficiary To Role... Debtors or Security. Without affecting Trustorn liability for the payment of any of the indebtedness secured by this Deed of Trust, Beneficiary may from time to time and without notice to Truster. 5.4.1 release any person liable for the payment of this indebtedness; 6.4.2 extend or modify the terms of that indebtedness; 5.4.8 accept additional real or personal property of any kind as security, or alter, substitute or releuse any property securing that indebtedness; or BOOK 1516 PAGE SA 764661 21 Deed of Trust Haile 2-8. The Nw6cal Club Afncler Condominium, Carteret County, NC 5.4.4 muse Trustee to consent to the malting of any mop or plat of the Property, or to remnvey any part of the Property, or to join in granting any easement or creating any restriction on the Property, mr to join in any subordination or other agreement affecting this Deed of Trust 5.6 Beneficiary may at my reasonable times enter upon and inspect the Property in person or by agent upon reasonable prior written notice to Trustor; provided that both inspection shall not unreasonably interfere with the operations of the tenant(s) of the Property. 5.6 Pull Reconvovance. Upon the payment and performance in full of all Obligations secured by this Deed of Trust, Beneficiary agrees to request Trustee to remnvey the Property, and upon payment by Trqetor of ita fees and all other sums owing to it under this Deed of Trust, Trustee shall remnvey the Property without warranty to the person or persona legally entitled to is Such person or persons must pay all mete ofrecordation. The recitals in the remnveyonce of any facts will be conclusive as to all persona. The grantee in the reconveymce may be described as "the person or persona legally entitled thereto." 5.7 Governing Law. Trustor agrees as provided below, the Loan Documents shall be governed by, and shall be construed and enforced in accordance with, the internal laws of the State of Texnb(without regard to conflicts of laws principles) as to interpretation, enforcement, validity, construction, effect and in all other respects (except as provided below). Trustor hereby: (i) accepts, generally and unconditionally, the nonexclusive jurisdiction of such courts, waives my defenses of forum non convenimm, and irrevocably agrees to be bound by any final, nonappealable judgment tendered thereby in connection with any of the Loan Documents; (it) with respect to the foregoing choice of law, agrees that the State of Toros boa a substantial relationship to the parties, to the Loan and to the tranbactiona evidenced by the Lam Documents; and, (iii) in all respects (including without limitation matters of construction, validityand performance), agrees that the Loan Documents and the obligations arising thereunder shall be governed by, and construed in amordance with, the laws of the Stan of Texas applicable to contracts made and performed in such state and any applicable law of the United States ofAmerim; except that at all times: (A) enforcement of the real property liens created pursuant to the Loon Documents an that portion of the collateral at any time securing payment of the loan which to subject to North Carolinas real property and foreclosure laws and talent shall be governed by and construed according to the Inw(s) of the state(s) in which the applicable portion of ouch collateral is located; (B) enforcement of the liens treated pursuant to the Loin Docu nento on that portion of the collateral at any time securing payment of the loan which is not subject to the Uniform Commercial Code shall be governed by and construed according to the low(a) of the state(s) in which the applicable portion of such collateral is located; (C) enforcement of the lenn and security interests created pursuant to the Loan Documents on that portion of the collateral at any time securing payment of the lam which is subject to the Uniform Commercial Cade shall be governed and construed by the laws of the State of Texan, but the provisions for the perfection of such liens shall be governed by and BOOK 15-4 PAGE SB 104001 22 Ned of Trust Units 3A,7he NouGml Club bfaster Cundaminium, Cartcrst County, NC construed according to the laws of the state whose law is designated an the governing law pursuant to the Uniform Commercial Code of the State of Texas; it being understood that, to the fullest extent permitted by the laws of the States of Texas and North Carolina, the laws of the State of Texas shall govern the validity and the enforceability of the Loan Documents and the indebtedness and obligations arising thereunder. Truster agrees that a final judgment in any such action or proceeding shall be conclusive and may he enforced in other jurisdictions by suit on the judgment or in any other moaner provided by law. 5.8 Sub enue t Trustan and Beneficiaries The term "Truster" includes both the original Truster and any subsequent owner or owners of any of the Property, and the term "Beneficiary" includes the original Beneficiary and also any future owner or holder, including pledgee and participants, of the Note or any interest therain. 5.9 llendines: Underlining. The headings of the sections of this Deed of Trust me for convenience only and do not limit its previsions. The use of underlining in this Deed of Trust in for convenience only, and the parties understand and agree that the presence or absence of underlining shall not be need in interpreting or construing this Deed of Trust or any provision hereof 6.10 Waiver. Neither the acceptance of any partial or delinquent payment or performance, nor the failure to exercise any rights upon a default, shall be a waiver of Trustor'a obligations hereunder. Beneficiary'a consent to any act or omission by Truster win not be a consent to any other or subsequent act or omission or a waiver of the need for such consent in any futura or other instance. 5.11 Successors and Assigns. The terme•of this Deed of Trust shall bind and benefit heirs, legal representatives, successors and assigns of Trustor and Beneficiary and the successors in trust of'fruotee. 6,12 Joint and Several Liability. If Truster consists of more than one (1) person or entity, each shall be jointly and severally liable to perform the obligations of Truster. 6.18 Acceptance f T t• Powers and Duties f Trustee, Trustee accepts this trust when this Deed of Trust is recorded Flom time to time upon written request of Beneficiary and presentation of this Deed of Trust for endorsement, and without affecting the personal liability of any person for payment of any indebtedness or performance of any Obligation secured hereby, Trustee may, without liability therefor and without notice, and upon the direction of Beneficiary ; reconvey an or any part of the Property; consent to the malting of any map or plat thereof; join in any grant of easement thereon, any declaration of CC&Rs, any extension agreement or any agreement subordinating the lien or charge hereof. 5.16 Romoyal of Trustan. Beneficiary may remove Trustee or any euc iesem Trustee at any time or times and appoint a succeeem Trustee by recording a written substitution in the county when the Real Property covered by this Deed of Trust is located, or in any other manner permitted by law. Upon that appointment, all of the powers, rights and authority of Trustee will immediately become vested in its successor. 6.16 Subrogation. Beneficiary shall be subrogated to the lien of all encumbrances, whether released of record or not, paid in whole or in part by Beneficiary pursuant to this Deed of Trust or by the proceeds of any loan secured by this Deed of Trust. BOOK 474 PAGE s8 Meet 28 ➢end of Trwt UMts 8-8, The Nautieof Club Matter Condominium, Carteret County, NC 6.16 Statutes of Limitation. Truster busby waives the pleading of any and all statutes of limitation as a defense to any action brought against Truster by Beneficiary, to the fullest extent permitted by law. 5.17 Time of the Essence. Time is of the essence as to all Obligations secured by in arising under this Deed of Trust. 6.18 Ronuaets For Notice. Trustor requests that a copy of any notice of default and notice of sale required by law be mailed to it at its address set forth above. 5.19 Attorneys' Foes. The Prevailing Party in any Action shell recover all reasonable attemeya' fees incurred by said Prevailing Party in connection with any default hereunder and in any proceeding brought to enforce any of the provisions of this Deed of Trust 5.20 Savinns Clause. Regardless of any provision contained in thin Deed of Trust, the Loan Documents, or any documents executed or delivered in commotion therewith, Beneficiary will never be considered to have contracted for or to be entitled to charge, receive, collect, or apply an interest. and hereby disavows any intention to no receive, collect, or apply as interest, any amount in excess of the maximum amount permissible under applicable law. Without limiting its general applicability, the precading sentence specifically applies to any acceleration of the Obligations or any part thereat. In the event that Beneficiary ever receives, collects, or applies as interest any such crime, the amount which would be excessive interest will be applied to the reduction of the principal balance of the Obligations, and, if the principal balance of the Obligations to paid in full, any remaining excess shall forthwith be paid to Tractor, and Truster agrees to swept such payment from Beneficiary, together with interest on such some at the maximum lawful rate then in affect In determining whether the interest paid or payable exceede the maximum amount permissible under applicable law, Truster and Beneficinry shall, to the greatest extent permitted under applcoblo law! 5.20.1 Characterize any nonprincipal payment (other than payments which we expressly designated as interest payments hereunder) as m expense or fee rather than as interest; 5.20.2 Exclude voluntary prepayments and the effect thereof; and 6.20.3 Amortize, prorate, allocate, and spread the total amount of interest throughout the entire contemplated tam of the Obligations ea that the interest rote in uniform throughout the term. STATE SPECIFIC PROVISIONS 6.1.1 In the event of any inconsistencies between the tartan and conditions of this Article 6 and the other provisions of this Deed of Trust, the terms and conditions of this Article 6 shell control and be binding. 6.1.2 This Deed of Trust shall constitute a financing statement filed as a fixture filing in accordance with N.C. Gen. Stat. § 25.2-502 (or any amendment thereto). For purposes of complying with the requirements of N.C. Gen; StaL g 25.9.502, the time of Truster, as Debtor, and Beneficiary, as Secured Party, and the respective addressee of Truster, as Debtor, and Beneficiary, an Seemed Party, are set forth on the first page of this Deed of Trust; the types or items of collateral are described in the definition of Personal Property appearing in the Section 1.2.3 of this Deed of Trust; and the description of the land is set forth on Exhibit A attached hereto. The collateral is or includes futures. BOOK 1s/6 PAGE S S 7040e1 24 Deed of Trust Unite 2.8, The Nautical Club bloater Condominium, Carteret County, NC 6.1.8 Upon the occurrence of an Event of Default, on the application of Beneficiary. it shall be lawful for and the duty of Trustee, and he is hereby authorized and empowered to expose be sale and to sell the horainhefore described premises at public auction for rash, after having first complied with all applicable requirements of North Carolina low with respect to the exercise of powers of Bale in deeds of trust, and upon such sale Trustee shall convey title to the purchaser in fee simple. Trustee shall apply the pretends of such sale fret, to the payment of oil costs and expenses of the sole, including a commission to the Trustee in the amount of five percent (5%) of the proceeds of such sale and a reasonable auctioneer's fee if such expense has been incurred; second, ta the payment of Wee duo and unpaid on the Property sold, an provided by N.C. Gen. Stat. §45.21.31, unless the notice of Bale provided that the Property be Bold subject to taxes thereon and the Property was so said; third, to the payment of special assessments, or any installments thereof, against the Property sold, which are due and unpaid, as provided by N.C. Gen. Sent §45-21.31. unless the notice of sale provided that the Property be sold subject to special essearmenta thereon and the Property woe so sold; fourth, to the payment of the Obligations secured by this Deed of Trust; and the balance, if any, shall be paid to any person or persons legally entitled thereto. Truster agrees that in the event of a sale hereunder, Beneficiary shall have the right to bid thereat. Trustee may require the successful bidder at any Bale to deposit immediately with Trustee rash or certified check in an amount not to exceed five percent (5%) of his bid, provided entice of such requirement )s contained in the advertisement of the sale. The bid may be rejected if the deposit is not immediately made and thereupon the next highest bidder may he declared to be the purchaser. Such deposit shall be refunded in rase a rssale is had; otherwise, it shall he applied to the purchase price. Pursuant to N.C. Gen. Stat. § 25.9.604, Trustee is expressly authorized and empowered to expose an sale and ee➢, together with the real estate, any portion of the Property which constitutes personal property. If personal property is Bald hereunder, it need not be at the plow of sale; but the published notice shall state the time when and place where such property may be inspected before Bale. To the extant permitted under North Carolina law, in the event the Property is Bold pursuant to the authorization contained in thin Deed of Trust or at a judicial foreclosure sale and the proceeds an not sufficient to pay the total indebtedness secured by this Deed of Trust, Beneficiary shall be entitled to a deficiency judgment for the amount of the deficiency without regard to apperaisement. Truster having waived and assigned all rights of appraisoment to the Trustee. The Property may be sold in such parcels or lots without regard to principles of marshalling and may be sold at one Bale or in multiple sales, ell as determined by Trustee. A previous exercise of the power of sale hereander by Trustee shall not be deemed to extinguish the power of sale, which power of sale shall continue in full force and affect until all the Property shall have been finally sold and properly conveyed to the purchasers at the Bale 6.L4 Notwithstanding any provisions in this Deed of Trust or any of the other Loan Documents ta the contrary, the obligation of Trotter to reimburse Beneficiary or Trustee for atmmeys' fees under the lean Documents shall be limited to reasonable attorneys' face, notwithstanding any other provieian in the Lunn Documents to the contrary, references in. any Loan Document to attmney's fees or trustee's fees shall mean and refer to fees actually incurred for work performed at standard and reasonable hourly rates, without reference to any statutory presumptions. 6.1.5 Beneficiary shall have the continuing, irrevocable right and power, from time to time, without notice to Truster and without specifying any tenon therefor, to remove the Trustee named herein and any successor Trustee and to appoint a substitute trustee by filing for record in the office of the Register of Deeds in the county in which the Land is located, an instrument appointing such substitute trustee, and the substitute trustee shall thereupon become the successor to the title to the Land and the name shall be vetted in him in trust fro the objects Bud purposes tat forth in this Deed of Trust an if such substitute trustee had originally beenmamed Trustee herein with all the powers, duties and obligations conferred upon the Trustee in this Deed of Trust. sstosl HOOK /S1(o PAGE Deed vfTmst Units 2.8, The Nautical Club Master Condominium, Canerel County, NC Beneficiary may name or substitute more than one person or entity an Trustee hereunder, and in such event, each Trustee named or substituted in hereby vested with full power and authority to fully exercise in his own name done, and without joinder of any other Trustee, all or any of the powers, authorities and duties hereby and by law vested in and imposed upon Trustee or Trustees; and the acts and deeds of any Trustee hereunder acting alone shall be an fully binding and effective as if all said Trustees hod joined therein; provided however, that no Trustee shall be liable for any of the acts or omissions of any other Trustee, 6.1.6 Treater hereby waives any rights or remedies on account of any extensions of time, releases granted or other dealings between Beneficiary and any subsequent owner of the Property as said activities are contemplated or otherwise addressed in N.C. Gen. Smt. § 45-46.1 or any similar or subsequent law. THIS DEED OF TRUST SECURES A IID RATE PROMISSORY NOTE. THIS DEED OF TRUST IS A FIRST DEED OF TRUST. NO FURTHER DEEDS OF TRUST WILL BE RECORDED AGAINST THE REAL PROPERTY WITHOUT THE PRIOR WRITTEN CONSENT OF BENEFICIARY. FAILURE TO COMPLY WITH THIS PROVISION SHALL CONSTITUTE AN EVENT OF DEFAULT AND THE LOAN SHALL IMMEDIATELY BECOME DUE AND PAYABLE. CONSENT TO ONE (1) FURTHER ENCUMBRANCE SHALL NOT BE DEEMED TO BE A WAIVER OF THE RIGHT TO REQUIRE SUCH CONSENT TO FUTURE OR SUCCESSIVE - ENCUMBRANCES, 800KS/6 PAGES 704eal 26 Deed of Trust Units 3-8. The Naminel Club Moster Condominium, Carteret County. NC IN WITNESS WHEREOF, the undersigned have executed this Deed of Trust as of the date first above written. TRUSTOR LAMPLIGHT CAPITAL &ASSET MANAGEMENT, LLC, a Tema Limited liability company BOOK I5-/4 PAGE Y_ 4040Gt Signet.. Page Mad fTrust Units 2-s, The Ne dral Club Afaetcr Conda.W., Carteret County, NC OON OFF CF' D ) COUNTY O) The forego(ng instrument was member or before me this d�yr (data) by �I�j(j�. member or manager), member (or pnoy gar¢ )t off �'G limited liability company acknowledging), o (state dr place of compa¢y's arg nieotion) limited liability company, on behalf of t limited liability company. He/she is personally )mown to me or has produced IfyVL, (type of identification) an identification. my BIIEICAA6C9W✓F Mf W1aa441t FE/A96 t]a9ff9:OniMp0, 01Ia madlaeaLYPa�V lwlln ary Public(Signature) ary'a printed name) y roma%I%W� k, (Seal) ®A® K&—PAGE s O 7e4061 Notary Acknowledgmoat Dead of Trust Unib 2.8, The Nautical Club Afaeler Condominium, Carteret County, NC =IBIT oW LEGAL DESCRIPTION Lying and being in Carteret County, North Carolina, and more particularly described as follows: BEING all of Unit 2, Unit 3, Unit 4, Unit 8, Unit 8, Unit 7 and Unit 8 of The Nautical Club Master Condominium as referred to in Amended and Restated Declaration of Condominium for The Nautical Club Master Condominium recorded in Book 1412. Page 247, in the office of the Register of Deeds for Carteret County, North Carolina (the "Declaration"). and more particularly described in coudaminium plane for The Nautical Club Master Condominium recorded in Map Book 10T, Pages 477-481 in the office of the Register of Deeds fro Carteret County, North Carolina (the "Plana"), which Declaration and Plane are incorporated herein by reference; together with the undivided 100% interest as tenant in common in and to the common elements appurtenant to such Units as set forth in the Declaration. BOOK 1S/b PAGES-8 7a10G1 EXHIBIT W —Pace 1 Deed fTrost Units 2.3, 75e Nautical Club Afosler Condominium, Carteret County, NC EXHIBITIS^ DESCRIPTION OF PERSONAL PROPERTY FOR FDMURE FILING 1. REAL PROPERTY RIGHTS, APPURTENANCES AND IMPROVEMENTS, All present and future structures, buildings, improvements and fixtures of any )and on the real property described in the attached Exhibit W ("Real Property'), which is incorporated herein by this reference, as well as: 1.1 all appurtenances of the Real Property and all rights in and to any streets, muds or public places, comments or rights of way, relating to the Real Property, and all minerals, oil, gas and other hydrocarbon substances on or under the surface of the Real Property, as well as all development rights, permits, licences, air rights, water and water rights relating to the Real Property, and all existing and future goods and tangible personal property located an the Real Property or whenever located and used or useable in connection with the use, operation or occupancy of the Real Property or in construction of any improvements thereon, including, but not limited to, apparatus, equipment and appliances used to supply air moling, air conditioning, heat, gas, water, light, power, refrigeration, ventilation, laundry, drying, dishwashing, garbage disposal, waste removal, recreation or other services on the Real Property; and L2 all elevators, escalators, and related machinery and equipment, fire prevention and extinguishing apparatus, security and access control appointee. partitions, ducts, compressors, plumbing, oven, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, nuance doors, screens, blinds, shades, curtains and curtain rods, mirrors, cabinets, paneling, rugs, attached floor coverings, furniture, pictures, antennas, panic and span and pool and spa operation and maintenance equipment and apparatus; and 1.3 all trees and plants located on the Real Property, and oil renewals or replacements thereof or articles in substitution thereof; it being intended and agreed that all such items will be conclusively considered to be part or the Real Property, whether or not attached or affixed to the Real Property ("Improvements'9. 2. COLLATERAL AR right, title and interest in and to the following described property and any and all products and proceeds thereof, now owned or hereafter acquired (sometimes all of such being collectively referred to herein as the 'Collateral'); 2.1 General lntaneibles. AR general intangibles relating to design, development, operation, management and use of the Real Property and construction of the Improvements, including, but not limited to: 2.1.1 all names under which or by which the Real Property or the Improvements may at any time be operated or known, all rights to terry on business under any ouch names or any voriante thereof, and all goodwill in any way relating to the Real Property; 2.1.2 all permits, licenses, authoriratiam, variances, land use entitlements, approvals and consents issued or obtained in connection with the construction, maintenance or operation of the Improvements; 2.1.3 all permits, licences, approvals, consents, authorizations, franchisee end agreements issued or obtained in connection with the me, occupancy or operation of the Real99""""AA Property; F E \.."l.. M 2.1.4 all rights as a declarant (or its equivalent) under any covenants, conditions and restrictions or other matters of record affecting the Real Property; 764001 EVURIT'S" Pagel Deed of Trust Ua U JA The Nautical Club Alkiner Condominium, Carteret County, NC t"'1 f`' jjf,.',. BOOK 5% PAGE 5B DC 2.1.5 all materials prepared for filing or filed with any goveromenW agency; 2.La ollrights under any contract in connection with the development, design, use, operation, management and construction of the Real Property and/or the Improvemeats; and 2.1.7 all books and records prepared and kept in connection with the acquisition, construction, operation and occupancy of the Real Property and the Improvements; 2.2 Contracts. All construction, service, mmnagement, engineering, consulting, leasing, architecture], design, landscape and other similar contracts of any nature, as such may he modified, amended or supplemented from time to time, concerning the design, construction, management, operation, occupancy, use, and/or disposition of any portion of or all of the Real Property; 2.3 Plans and Reports. All architectural, design and engineering drawings, plans, specifications, working drawings, shop drawings, general conditions, addenda, sell testa and reports, feasibility studies, appraisals, engineering reports, environmental reports and similar materials relating to any portion of or all of the Real Property and/or the Improvements and all modifications, supplements and amendments thereto; 2.4 Sureties. All payment and performance bonds or guarantees, and any and all modifications and exteasions thereof relating to the Real Property and/or the Improvements; 2.0 Payments. All reserves, deferred payments, deposits, refunds. met savings, letters of credit and payments of any kind relating to the construction, design, development. operation, occupancy, use rand disposition of all or any portion of the Real Property and/or the Improvements, including, without limitation, any property tax rebates now owing ar hereafter payable; 2A (Unions All proceeds and any claims arising on account of any damage to or talking of the Real Property and/or the Improvements or any part thereof, and all causes of action and recoveries for any lose or diminution in the value of the Real Property and/or the Improvements; 2.7 Insurnme. All policies of, and proceeds resulting from, insurance relating to the Red Property, Improvements or any of the Collateral, and any and all riders, amendments, renewals, supplements or extensions thereof, and all proceeds thereof; 2 8 Deposits. All deposits made with or other security given to utility companies with respect to the Real Property and/or the Improvements, and all advance payments of insurance premiums made with respect thereto and claims or demands relating to insurance and all deposit accounts wherever located; 2.9 Stock. All elm a of stock or other evidence of ownership of any port of the Real Property that are owned in common with others, including all water stock -relating to the Real Property, if any, and all documents or rights of membership in any owners' or membara' association or similar group having responsibility for managing or operating any part of the Rae] Property and/or the Improvements; 2.10 Sale Contracts. All sales contracts, escrow agreements and brokeea agreements concerning the sale of any or all of the Real Property and/or the Improvements, and all amendments thereto; and 2.11 Inuome. All income, rents, revenues, issues, deposits, receipts, profits and proceeds, and accounts receivable generated from the use and operation, of the Real Property, the Improvements and the Collateral to which Truster may be entitled, whether now due, past due or to 7G4001 S2IDRIT"B'—Paea2 Deed of Trust Unite 2.8, The Noutiml Club Master Condominium, Carteret County, NC BOOK Isi(o PAGE 59 become due including, without hmiting the above items, all "ODode", "Accounts", "Documents`, "Instruments", "Money", "Chattel Papee' and "General Intangibles", as those terms ore defined in the Terns Cammercinl Code from time to time in effecL ATTENTION: COUNTY CLERWRECORDER — THIS INSTRUMENT COVERS GOODS THAT ARE OR ARE TO BECOME FIXTURES ON THE REAL PROPERTY DESCRIBED HEREIN AND IS TO BE FILED FOR RECORD IN THE RECORDS WHERE DEEDS OF TRUST AND MORTGAGES ON REAL ESTATE ARE RECORDED. ADDITIONALLY, THIS INSTRUMENT SHOULD BE APPROPRIATELY INDEXED, NOT ONLY AS A DEED OF TRUST OR MORTGAGE, BUT ALSO AS A FINANCING STATEMENT COVERING GOODS THAT ARE OR ARE TO BECOME FIXTURES ON THE REAL PROPERTY DESCRIBED HEREIN. THE MAILING ADDRESSES OF THE TRUSTOR (DEBTOR) AND BENEFICIARY (SECURED PARTY) ARE SET FORTH IN THIS INSTRUMENT. BOOK i 1PAGE Sg 764UGI EXHIMlT"B"—P8gs3 Deed olTrust Vniw 2.8. The Poetical Club M1fmter Condominium, Carteret Coumy, NC Nt Bodnar, Gregg From: Connell, Brad Sent: Thursday, July 27, 2017 2:12 PM To: 'legals@thenewstimes.com' Cc: Bodnar, Gregg; Brownlow, Roy; Bennett, Ronda Subject: Public Notice request Importance: High July 27, 2017 The Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice — Nautical Club COA Dear Sir or Madam: Please publish the Notice below in the August 6, 2017 issue of The Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Brad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow 1 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 application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on July 24, 2017. According to said application, the Nautical Club Condo Owners' Association proposes to construct a floating platform and kayak launch within Bogue Sound, at 1550 Slater Path Road (NC Hwy 58), Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to August 31, 2017, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: August 6, 2017 Brad Connell Field Representative NC Division of Coastal Management http://Portal.ncdenr.org/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell(@ncdenr.gov a Nothing Compares_ E-mail correspondence to and from this address maybe subject to the North Carolina Public Records Law and maybe disclosed to third parties. 2 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpiece, or on the front 0 space permits. 1. Article NddmSud to: 400,N Flew 45/vlerPr?seS A/717 £as-f P,, ene-k. A0P-NI'x 42- 9505O Call D. Is delivery address different frwnitem 1 i If YES, enter U-wF E Lqr JUL 19 2017 L7 II I IIIII III IIII I III III illll une Ty ❑ Adultaure o rrwrmr Malll e pee,® !940!2 II I III3. Adult Signature R^rY❑RereMall ❑ Registered MaTM Restricted ted9590 208 61325266 15 �dMWI® ❑ Certified Mall Restricted Delivery ❑ Ree Receipt for❑ll "II "^r^r"^ oy CoMechandiseZ nt`niia't— relivery Restricted Delivery ❑SignatureConrinnatim- 7016 2710 0000 9061 1630 ❑ Signature Confirmation ---_— Restricted Delivery Restricted Delivery PS Form 8811, Jtiy 2015 PSN 759p.p2.ppp-g= over saw) Domesac Return Receipt m rq rT PHaEtiIX. NZ 8`U50 r Certified Mall Fee (� `Dos $3.35 1 rr ra rvices & FFees(waeamc addM ❑ Relum R^ceipt(hadcoyg) { o ❑RewmRe eipttee vasty { pg017 o 0 ❑POUX egreture ReTyM { C3 C]muXSigretum RaetrWtlpaary{ �\ %• 0 oclage $a.44 0�k/201 / tiroml Rdeaa. and r+« • S.ntrOO ea,VArev� Er��e/Pri e p $fi96f9lv/..-lYo, ciPGtfwiiCru.-_______ f `�--------------------------- r` Y.. -..?a...a5 } }c� c--�'1�-------------- Ciry;S--re, r f%Llr1 G'hI /9! a7 R�D-�j® ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. Is Attach this card to the back of the mallpiece, or on the front 0 space permits. 1. Article Addressed to: a 59 FRf-&' i'l to.v iLD Gr"\me5fa,,,J IBC. "a?03 r:11 0 D. Is delivery address drffetent from item 17 u ree If YES, enter delivery address below: ❑ No a service Type ❑ Prb V Melt PspreSSO I II IIII II I II IIII III IIII III I III ❑ Adull Restricted Deflvery ❑ e Iered Mall ResWMed II I IIIIII IIII III 9590 9402 2058 6132 5266 22 eSignatured Mell® ❑ certified Mail Restricted DBIWery ❑ collect on Delivery DR ❑ Return Receipt for Merchandise ❑ collect on Delivery Restricted Delivery ❑ Signature Conf anation*"' y .+ www Taperer hem service label) n b, 1x11 ❑ Signature Confirmation 7 016 2710 0000 9061 1623 iestricted Delivery Restricted Delivery PS Form 3811, July 2015 PSN 7530-02-000-9DSS Domestic Return Receipt m .. ti GRINESILANQr NC rq A Certified Mail Fee 53.35 0 $ R' ExtraSewes&Tees (cnect m., sd ❑ReWrn Rxelpt QtdticoPYl a O ❑ReWrn Reodpt(e16 1V ) $ C3 ❑C mi Mell Rmtddal �1m C3 0m, s,re ReRe've0 0 OM." Sjgn .Restr WW& y C3 Poelaga f0.49 ,,I r- Postage and F� rU $6.59 Sent 7b �ffoar. r` Sbeei Bird Ao:. a5`l---FAr,'fe PA Postmark 11p11Raa 13 RECEIVED JUN 2 9 2017 DCM- MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: lUa CL CA /,uc Address of Property: iSSO 5,)hi )7s-t(^ KI S. ))v N C 2,0S 7J (Lot or Street #, Street or Road, City & County) Agent's Name #: jlb,4, Nt Mailing Address: 1-b 1?-, S S 1' /r/ T Agent'sphone#: aSa-75'`Y-6337 zBryy I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing,with dimensions must be provided with this letter. 1 have no objections to this proposal. I have objections to this proposal. (Nit f you have objections to what is being g proposed, you must notify the Division of Coastal Management DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is vailable at http://www.nccoastalmanaoement net/web/cm/staff listing orby calling 1-888 4RCOAST. No response is considered the same as no objection if you have been notified by Cart Mail WAIVER SECTION understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must e set back a minimum distance of 15'from my area of riparian access r3 bE If ou wish to waive the setback, you must initial the appropriate blank be10 T �' 'b i� 4QI� I do wish to waive the 15' setback requirement. UN ! 9 2017 1 do not wish to waive the 15' setback requirement. DC M., N i-I D C ITT (Property Owner Information) Signature Print or Type Name uySS— Ma,lmg Address ' ,—L-1-t'4 A) z�ssY Ctty/StatelZip 951k-35'`I-6973 /robot (-' C Telephone Number/Email Address O V/z / Date (Riparian cperty Owner Information) Signature Print or Type Name Zzg Address Cdy/State/Zip Telephone Number/Emai A re-! �A14�� Wr 7 Dar (Revised Aug. 2014) ■ Complete hems 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. Aidde.Ad'�dressed to: - D. Is deliv If YES, 9 S9 F.,fvn fbN &Q— �r;,he5�a rJC, nam? u Name) event from item 11 u Ye; address below: ❑ No 3. Servios Type ❑ Pdoft Mail Express® ❑ III'III'I I'll I'I I II l III II I II IIII II I II II III I III nature Restricted DeMeIY Cl HagistV Mall Restricted 9590 9402 2058 6132 5266 22 ed M II® ❑ Carti ed Mall Restricted Delivery ❑ Collect on Delivery ❑ Return Recelptfor Merchandise tram SBNiCB label) ❑ Collect on Delivery R%tdoted Delivery n 1—irvvi Mail Signature ConfamationTM ❑ Signature Confirmation 7016 2710 0000 9061 1623 Restricted Delivery Restricted Delivery Ps Form 3811, July 2015 PSN 7530-02-M-9D53 Domestic Return Receipt m rL .. �F1F 'q Certified Mall Fee $3.35 o $ [r EMra rvices eestnvv*ao, ❑ i41um Receipt Itiad�PN O ❑h MR Ptte nlG r 3 [:10etff(WMelt R.Mcted Ddlvery 0 ❑MUaalgnxl Re ire ❑ndea 618retue ResMckE Relive C3 Postege $0.49 a $ N Total oNagean Fe nLl $ $6.59 o Csib>::rra`' r- a.9.".F^,w Postmark TV VHem 13 € :F-(.-4 E IVED JUL 19 2017 DCM— MHD CITY CERTIFIED MAIL RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: /Va, 4.1 C Iw I, /,vC Address of Property: 1 STO 5,1At P7-(. )2.�( 5 ) /7 /4 N C. 2 BS- 7_ (Lot or Street #, Street or Road, City & County) Agent's Name#: ��� .1 ;Dc1 ,(.vJ Mailing Address: POL?y4A/SS H ld 4 N[ Agent's phone#:asd 7S`Y_63-7] z�y5 r I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. i I have no objections to this proposal. I have objections to this proposal. J If you have objections to what is being proposed, you must notify the Division of Coastal Management (J (DCM) in writing within 10 days of receipt of this notice. Contact information for DCM offices is available at http://www.nccoastalmanaaementnet/web/cm/stafflis or by calling?-888-4RCOAST. No response is considered the same as no objection if you have been notified by Certified Mail WAIVER SECTION (� I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must }= be set back a minimum distance of 15' from my area of riparian access unlesswaived by -me (If you wish to waive the setback, you must initial the appropriate blank below.) " I do wish to waive the 15' setback requirement. li I do not wish to waive the 15' setback requirement. E� rY \ ' (Property Owner Information) %Zah Signature Print or Type Name j)U %fox 4J45-3— Mailmg Address _ to ,ut: zgssy Crty/State/Ztp 9Jd-35" - 6J73 /,-ativ�4 Telephone Number/Email Address O Vrz ZI Date (Riparpe1'tY Owner Information) Signature , Print or Type Name��� JUL 19 2017 Ma�ing Address CM- M H D C 11 City/State/Zip o l/^'� Telephone Number/Emai Address ���� Date,; (Revised Aug. 2014) AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Ncto, c-1 Qf� fxwa,.L CuA I.W c- Mailing Address: Phone Number: Email Address: I certify that I have authorized L=r-,o+..l'f 134. wc. 0'0s' `/ s2.- 351- e333 rr'bU-- e «v,,c- h(- �— Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at i 5 ro 5,14� R "4 54, 03T 73 in C,4K-F County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature IC U�J cr T' NL U le v� .v j Print or Type Name 7rtS.S OCcd Un 1'4--+.c I f Title Date This certification is valid through I '" i,,.'.. s. RECEIVED JUL 18 2017 DCM- MHD CITY Coastal Management ENVIRONMENTAL OUALITV July 27, 2017 The Carteret News Times Legal Advertisement Section P.O. Box 1679 Morehead City, NC 28557 Re: Public Notice — Nautical Club COA Dear Sir or Madam: ROY COOPER Governor MICHAEL S REGAN Secretary BRAXTON DAVIS Director Please publish the attached Notice in the August 6, 2017 issue of The Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Arthur Stadiem,-NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 808-2808. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, B ad Connell Coastal Management Representative Enclosure cc: Gregg Bodnar Roy Brownlow nothing Compares!? � State of North Carolina 1 Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T u v'I 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 application for a development permit in an Area of Environmental Concern as designated under the CAMA was received on July 24, 2017. According to said application, the Nautical Club Condo Owners' Association proposes to construct a floating platform and kayak launch within Bogue Sound, at 1550 Slater Path Road (NC Hwy 58), Carteret County. A copy of the entire application may be examined or copied at the office of Brad Connell, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 808-2808 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to August 31, 2017, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISHED ON: August 6, 2017 Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Ave I Morehead City, NC 28557 252 808 2808 T Connell, Brad From: Connell, Brad Sent: Thursday, July 06, 2017 10:40 AM To: 'ezdocksolutions@yahoo.com' Cc: 'robert@ccmc-nc.com' Subject: Nautical Club --revisions request Importance: High Mr. Anderson, This major permit application is thorough and well prepared. However, there are some items that you need to address before the DCM can accept your application as complete. They are as follows: 1. DCM Form MP-1, 3: please revise your answer to State Rd p is NC 58; 2. DCM Form MP-1, 4d: please answer relative to the NHW; 3. DCM Form MP-1, 4i: please check the appropriate box; 4. DCM Form MP-1, 4n-o: please answer these questions; 5. DCM Form MP-1, 5c-d: please answer these questions; 6. DCM Form MP-1, 6d: where does the deed you submitted give the Nautical Club Assoc Inc the right to develop the property?; 7. DCM Form MP-1, 6e: please submit $400 payable to the NCDEQ; 8. DCM Form MP-1, 6f: please submit the signed "green card" for OCEANFRONT ENTERPRISES INC and include the Lee's telephone number in the appropriate blank; 9. DCM Form MP-1, 6g: please answer (ref Shearin Family Investments LLC permits); 10. DCM Form MP-1, 7: please sign, date, and check the MP-4 box; 11. DCM Form MP-4, lc(v): if this is regarding the gangway, please check the No box; 12. DCM Form MP-4, le(iii-iv): please answer; 13. DCM Form MP-4, 7b: please revise your answer to 115'; 14. DCM Form MP-4, 8: please sign and date the application; 15. Work Plan Drawings: please include a title and note the scale (i.e. 1" = 40% please show and label the shoreline at the NHW, please label the waterbody (i.e. Bogue Sound), please draw a North arrow, please include water depths relative to the NLW level, please show the name of the high ground property owner, please show the adjacent riparian property lines, and please clearly identify existing vs proposed structures. Please make the above changes and re -submit your application package. Thank you for your cooperation in this matter. If you have any questions in the interim, please do not hesitate to contact me. Brad Connell Field Representative NC Division of Coastal Management httD://oortal.ncden r.ore/web/cm/dcm-home (252)808-2808 ext. 214 Brad.Connell @ ncden r.¢ov c' Nothing Compares� E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. ***This is a word processing form to be completed in Microsoft Word — NC Division of Coastal Management Major Permit Application Computer Sheet (11/1/2012) Applicant: Nautical Club COA Date: 7/Y7/2017 Project Site County: Carteret Staff: Brad Connell District: Elizabeth City Washington ®Morehead City ❑Wilmington Project Name: kayak launch Date of initial application submittal (EX: 1/8/2007): unknown Date application "received as complete" in the Field office (EX: 1/8/2007): 7/24/2017 Permit Authorization: ZCAMA ❑Dredge & Fill Both SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes NNo Photos Taken: Yes D NoZ Setback Required (riparian): ZYes No Critical Habitat: ❑Yes ❑No ZNot Sure 15 foot waiver obtained: ❑Yes UNo Hazard Notification Returned: []Yes NNo SAV: ❑Yes NNo ❑Not Sure Shell Bottom: ®Yes ❑No ❑ Not Sure Temporary Impacts: ❑Yes NNo Sandbags: ❑Yes NNo ❑ Not Sure Did the land use classification come from county LUP: ®Yes ❑No Mitigation Required (optional): []Yes NNo Moratorium Conditions: Yes No ❑NA Environmental Assessment Done: ❑Yes ❑No [DNA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) Swamp Waters (SW) ❑ High Quality Waters (HQW) N Outstanding Resource Waters (OR" WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) Lj (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus LJ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncos ❑ (SP) Salt/meadow grass (Spartina rcemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ 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; 3490 can be applied - $400 ❑ Major development extension request - N II. Public or commercial/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 252-808-2808 :: 1.888-4RCOAST :: wwwmccoastalmanagement.net revised: 02115/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Nautical Club COA Date: 7/27/17 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Floating platform 1 New Work ® Maint ❑ Replace ❑ Y ON 20' 20' revised 02/15/10 NC Division of Coastal Mgt. Application Computer Sheet, Page 3 of 3) I - - Applicant: Nautical Club COA Date: 7/27117 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 Open Water Dredge ❑ Fill ❑ Both ❑ Other ® 400 ftz 400 ft2 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 252-808-2808 :: 1$88-4RCOAST :: w .nccoastalmanauement.net revised: 02/15/10 Energy, Mineral & Land Resources ENVIRONMENTAL QUALITY October 18, 2017 Robert Blevins Nautical Club Condo Association P.O. Box 4455 Emerald Isle, NC 28594 Subject: EXEMPTION Stormwater Project No. SW8 170816 Nautical Club Private Kayak Launch Carteret County Dear Mr. Blevins: rV9 1 �1 ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On August 3, 2017, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project. Staff review of the plans and specifications on August 3, 2017 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stomnwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information conceming this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scolt@ncdenr.gov. SincJer�l/y,,, For Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: MStormwaterlPennits & Projects120171170816 Exemption1201710 permit 170816 cc: EZ Dock Solutions Carteret County Building Inspections RECEIVED DCM Morehead City Wilmington Regional Office Stormwater File OCT 31 2017 DCM- MHD CITY State of North Carolina I Environmental Quality I Energy. Mineral and Land Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, NC 28405 9107967215 DCMMP-1 I I in nW1AI -LAI a APPLICATION for uoa s a �.nr Major Development Permit a3n13038 (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) ri Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State ZIP 2 J Country Phonn7e No. ".�y� 252-� -u&3 �' FAX No. - - Sbeet Address (d diBerent from above) 55 S City 5txr N State ZIP 22s`?5 Email 2. Agent/Contractor Information Business Name a EWEE Agent) ctor 1: First Name MI Last Name Agent) Contractor 2: First Name MI Last Name Li — Mi ` ) i Mailing Address PO Box City State ZIP Sr10 Plane No. 1 2SI-7-73 07A3ext- Plane No. 2 ext. FAX No. 25 — a Contractor # Street Address (Ifdifferent from above) City Stale ZIP Email <Form continues on back> 0 252.808.2808 :: 1.888.4RCOAST :: www.necoastalmanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address 155-o SaLl Ee P� 1�'b. State Rd. # Subdivisan Name 04 C� State Zip - V Phone No. 252 - &% -L333 ext. Lot No.(s) (d many, attach additional page with list) , , , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Isthewater body identified in (b) above, natural or manmade? Mflatural ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planninketeA_g jurisdiction or city limit the proposed QgYes ❑No work falls within. 211 4. Site Description f ,, a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) el 7 c. Size of individual lolls) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach a dtttonal page with a list) ❑NHW or ❑NWL e. Vegetationontract I. Man-made features and us now on tract �I\t(` l�e.. 6ow� �^�1�mG� �c�r�� RECEIVE JUN 2 9 2017 g. Identify and describe the existing land uses da iacent to the proposed project site. ( o.-✓ )-t4-n 2 DCM- MHD C IAO Ot V{or-t Ptu-K e� S4) In. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? 61 (Attach zoning compliance certificate, if applicable) ❑Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes NfNo IL Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes FNo ❑NA If yes, by whom? I. Is the proposed project located In a National Registered Historic District or does it involve a ❑Yea 6A ❑NA National Register listed or eligible property? <Form continues on next page> n ITY 252.808.2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? Dyes Are there the (ii) coastal wetlands on site? ❑Yes CJivo (Ili) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes ❑No (Attach documentaffon, if available) n. Describe existing wastewater treatment facilities. o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. do Yue- 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PublidGovemment rivate/Community b. Give a brief description of purpose, use, and operations of the pmject when complete. /daily c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. d. List all development activities you propose. G EIVED JUN 2 9 2017 e. Are the proposed activities maintenance of an existing project, new work, or both? EL CITY Y ti C LJ Lic, ^ I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres O .v r g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes Nto DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. wJ IjA I. Will wastewater or stormwater be discharged into a wetland? ❑Yes FW ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No DNA j. Is there any mitigation proposed? Dyes goe ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form dCM MP-1 (Page 4 of 4) . APPLICATION for Major Development Permit & Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) 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. a. The appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name ?) m m�.j Lelb Phone No. Address 15,i FACMkauron.3 20. 0-1VIMies) psi 2Ac Name (� tJtvR l QRDE, Phone No. ow - oln 3 \ Address 4'119r ��p\C If \ ��- x\\H�t��� Name G Phone No, Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. to Enter on Land 1 understand mat any permit Issued to response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. 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 monitoring of the project. ecoo E C E I`, GC D I further certify that the information provided in this application is truthful to the best of my know) V Date Print Name Juu 2 s zon Signature DCI1P • WMID CITY Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information 252-808-2808 -. 1.888-41111COAST .: www.necoastaimanagement.net 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 ❑Public/Govemment If lPrivate/Community El This section not applicable b. (i) Will the facili y be open to the general public? ❑Yes Udo c. (i) Dock(s) and/or p er(s) d. (i) Are Finger Piers included? ❑Yes SKO (ii) Number % If yes: (iii) Length (ii) Number _ IN) Width 1 _ (iii) Length (v) Floating [94es ❑No (iv) Width (v) Floating ❑Yes [--]No RECEIVED e. (i) Are Platforms included? Joyes []No ,../ f. (i) Are Boatli8s included? []Yes9N0 If yes: If yes: ��� 9 Z�j% (ii) Number (ii) Number (III) Length (III) Length (iv) Width _ (iv) Width DCM— M H D CITY (v) Floating WYes []No Note: Roofed 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)IJumber of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage (wet slips") only, number of slips: ❑ Dry storage; number of boats: SarBoat 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 §Vpen water; no dredging required ❑Other; please describe: 1 k. Typical boat length: in. (i) Will the facility have tie pilings? ❑Yes *0 (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). KC, . ("N - I. (1) Will the facility a open to the general public? ❑Yes o 252-808-2808 :: 1-888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Paget 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS PWhs 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 ❑ Boathokfing 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 discharge of sewage from boats be controlled? gg g � R �C�i°: '4r ED a. (i) Give the location and number of "No Sewage Discharge" signs proposed. DCM- MHD CITY (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed 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. j. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No 252-808-2808 :: 1-888.4RCOAST :: www.nccoastalmanaaement.net revised: 12/27/06 Form DC,M MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? []Yes []No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lilts) $This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliciGovemment ❑Private/Community R!Fr-�EIVED (ii) Number (III) Length Q J 2017 (iv) Width _ Note: Roofed areas are calculated from dnpline dimensions. k 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and FA) OThis section not applicable a. (i) Number (li) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 'Jahis section not applicable a Length C. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS 'his section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) revised: 12/27/06 Form DC,M MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines -- I Note: For buoy or mooring piling, use arc of swing including length ofvesset. c. Width of water body - APP'op. i e. (i) Will navigational aids be required as a result of the project? ❑Yes IgNo DNA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structures) to adjacent docking facilities. -- —i d. Water depth at waterward end of structure at NLW or NWL —/vw Lori �IV4 W) 8. OTHER Phis section riot applicable a. Give complete description: Date Project Name Applicant Name Applicant Signature RECCEI'VED JUN 2 9 2017 DCM-- M} 6D CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 6/27/17 Project Narrative The purpose of this kayak launch system is so that people can easily and safely launch their kayaks. Doing so with our system will prevent potential injuries from launching kayaks using the pre-existing boat ramp. Our launch system will be installed 15' to the right of the boat ramp. A 20' x 4' gangway provides access to the 19'8" x 13' floating dock section. People will be able to safely walk around, and prepare / launch their kayaks. Construction consists of pile driving four 21', 2" schedule 8o galvanized pipes through four brackets that attach to the floating dock sections. The pipes will be covered with white PVC sleeves and white PVC caps to prevent the pipes from weather conditions, as well as for cosmetic appearance. The dock sections and kayak launch attach to each other using coupler sets. The launch will attach to the right side of the docks. The gangway attaches to the shoreline via an abutment kit. The end of the gangway will have a roller kit that allows the gangway to adjust to the changing water levels. I RECE NF-D JUN8JN AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: kktvkc_t R14i,1 CuA,1✓�� Mailing Address: he x `-�114 S S— 'Vc- Z4-1 Phone Number: o2S2 - 3Si L- 3 �3 Email Address: (o�jo� 'L I certify that I have authorized 0101n_ Aqent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: %-/Oq �ac�G at my property located at i s5_0 zgS 73— in CaJ-e�F County. 1 furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature /2 f 131C1�,Ni Print or Type Name ryS50",- on IA4I'".IIz /- Title /2 1 (7 Date This certification is valid through / I 6/26/2017 Go gle Map5l 1550 Salter Path Rd Bague Sound Mechanmal Har esung if Oyst, B,,—e So,d Oot tznding Resource 1550 Saga Path Road Indian aeach 1550 Salter Path Rd - Google Maps 2=9°e _ -, C r • S �. A1tMIk euM b Map data 92017 Google 1 mi t rn �.� ? �. --o J hftps://w-google.com/maps/place/1550+Satter+Path+Rd,+At!antic+Beach,+NC+28512/@34.6981047, 76.8435177,12.78ztdata=!4m5!3m4!lsOx89a8edf2dbl3faal:Ox3829dda6a817eb1c!8m2!3d34.6... 1/2 REC;E!VED JUN 2 9 2017 1' U� DCM- ►dIHD CITY a it —'ttc - ExQsTkt�� -1 Z� Q-FW-A? 150,M,w ILT, 14U' L RECEIVED JUG; 2 9 2017 DCM- MHD CITY 7 1J� t�CNL CWab - 10' azr oP � Cc�ME-c\C �PaCE FU-_�� Ky,:, bcr-)�- 13' 1 1 19'-8" co 12'-51' 35'-6" A nit 20' v 0 m tz M 0 v M Nautical Club EZ Dock Solutions MMIEo 7 5568 Hwy. 70W, 4' � nautical Newport, N5 °R " i mu rnnc w. 252-764 1234 indiaobeach wqa[ ao. o " da 3/10/17 252-648-8026