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HomeMy WebLinkAbout8-17 Owens, ElbertClags Permit Number 8-17 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vern for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 d to Elbert W. Owens,120 Goodwin Lamp Road, Beaufort, NC 28516 development in Carteret County at Taylor's Creek, at 120 Goodwin Lamp Road, in as requested in the permittee's application dated 8/31/16 including mit, issued on January 23, 2017 , is subject to compliance with the application (where consistent permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may ct to fines, imprisonment or civil action; or may cause the permit to be null and void.. Excavation In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and September 30 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. Excavation shall not exceed -7 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. No excavation shall take place within 20 feet of any Coastal Wetland (See attached sheets for Additional Conditions) 'This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the 1palified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. smit must be accessible on -site to Department when the project is inspected for compliance. maintenance work or project modification not covered ier requires further Division approval. 11 work must cease when the permit expires on Decemher 31. 2020 issuing this permit, the State of North Carolina agrees that project is consistent with the North Carolina Coastal agement Program. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee rt W. Owens Permit No. ,8-17 Page 2 of 3 ADDITIONAL CONDITIONS Spoil Disposal 'he temporary placement or double handling of excavated or fill materials within waters or vegetated ✓etlands is not authorized. vated materials shall be confined above normal low water level and landward of regularly or ly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids marsh or surrounding waters. The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal tManagement prior to the commencement of any excavation activities. Maintenance Clause Jhe Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any '-maintenance work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. General permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation ly phase of this project. permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the an approval of the Division of Coastal Management. o attempt shall be made by the permittee to prevent the full and free use by the public of all navigable %aters at or adjacent to the authorized work. permit does not authorize the interference with any existing or proposed Federal project, and the ittee shall not be entitled to compensation for damage to the authorized structure or work, or injury h may be caused from existing or future operations undertaken by the United States in the public der to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must ement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. guidelines can be found at httv://www.fws.gov/nc-es/malnmal/mauatee yiidelines.pdf. W. `Owens Permit No. 8-17 Page 3 of 3 NOTE NOTE: NOTE: E: E _ - ADDITIONAL CONDITIONS This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required, including US Army Corps of Engineers permits. 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 low water level. The N.C. Division of Water Resources has assigned the project DWR Project No. 2016-1019. An application processing fee of $250 was received by DCM for this project. 6 DGM MP-1 6 Elbert Owens 120 Goodwin Lamp Rd. Beaufort, N.C. 28516 August 30, 2016 a. The project will involve a barge mounted digger accessing the proper- ty by way of Taylor's Creek near Beaufort N.C. Contractor Eric Pake will remove approximately 433 cubic yards of sediment from the area of the floating dock and the shore side boat lift. There is no knowledge available showing that the area has been dredged before. This process will return the area to a depth of approximately 7 feet, as it had been historically, from it's current depth of one foot at mean low tide. The impacted area will stop 25 feet South of the existing marsh grass and 150 feet North of the center of Taylor's Creek, which is approximately 472 feet wide at this point and 20 feet deep in the channel. When com- pleted, use of the shore side lift will then again be possible at any tide. RECEIVED OCT 0 4 Z016 DCM- MHD CITY GEOLOGY 101 REPORT W ON MP-1 VA APPLICATION for Malor Development Permit (last revised 1212T06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Evbe�-t MI w . Last Name tN We 145 Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(S) with names listed. Mailing Address 12o G-oodw�nl �vw.� PO Bex City 'i3eC.��nr-} S�tatg N•C- ZIP xl� t b Country u > -N Phone No. I19 . 61`{ - � oZa ext. FAX No. Street Address (if different from above) City State ZIP Email QQ dw9—A3S roo' ;; GD C!r0.% •coM 2. Agent/ContractorInformation Business Name l A� Q r Y U` { i 0 h tr I G Agentl Contractor 1: First Name MI Last Name am Agent/ Contractor 2: First Name MI Last Name Mailing Address � )35 \ 0.K e PO Box City t� a�C inr� State N . C ZIP L�S�v Phone No. 1 ZS2-`-72S-ti'74o ext. Phone No. 2 ext. FAX No. Contractor q 11/A A.t Street Address (if different from above) City State ZIP Email <Form continues on back> D ',Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Ly-k,(et' Street Address �� �^^ State Rd. # 1La &W4WiAJ Subdivision Name NIA city 7ec tx-�ity-fi State I NL Zip LS! ) Phone No. - 4if 14 Lot No.(s) (if many, attach additional page with list) -G - om ext. , , , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Ci Pe '-'- E,As L c. Is the water body identified in (b) above, natural or manmade? ❑Natural j1Nfanmade ❑Unknown d. Name the closest major water body to the proposed project site. (Na�i�4C-y" sa kh4 e. Is proposed within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes o work falls within. (� � p _ I.J�At/TOY—Y+N• C. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Qp -�-1. 3lib 0o sA.Q-�. c. Size of individual tot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal wales level) "1"} (if many lot sizes, please attach additional page with a list) ❑NHW or ❑NWL e. Vegetation on tract �t J t C7 wKS �+•raSS RECEIVED I. Man-made features and uses now on tract Sink y,.r;v ,' 't-\t. M G DCM- MHD CIT g. Identify and. describe the existing land uses adjacent to the proposed project site. S in I t c„Mt y �'10MES h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate. If applicable) Ures ❑No ❑NA i. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes PR6 k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No (jNA 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 property? <Form continues on next pa Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? FErFes [:]No (ii) Are there coastal wetlands on the site? ees ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? Dyes �lo (Attach documentation, if available) �1 n. Describe existing wastewater treatment facilities. gL-}q NK S 2 L SDI S Q r^ o. Describe existing drinking water supply source. Q dee f Lie -it p. Describe existing storm water management or treatment systems. q ob j Y t4 N O --It :'T&e l E. Vet rorkjea VnaeY YOUNA .%? 4. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovernment OfWvatelCommunity b. Give a brief description of purpose, usle, and daily operations of the project whgn complete. 9r 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. C µr'ted 2 Y. C040.fta V phe bore yr d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? a� emaynC- IS I. What is the approximate total disturbed land area resulting from the proposed project? N O h ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area Dyes LKo ❑NA that the public has established use of? h. RECEIVED Describe location and type of existing and proposed discharges to waters of the state. NO h OCT 0 4 2016 I. Will. wastewater or stonnwater be discharged into a wetland? oyes 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 ❑No A If yes, attach a mitigation proposal. <Form continues on back> dorm DGM 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) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly 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 W a J+,e t kk O.V joy Phone No. Address25426 2-i LS - 5 (� j Z � �eNNoxvi��E Rd Qeau�vr� nl ( 2g51b Name ChQ-11's W, TAJLov Phone No. Address�5 dujN LAMpRj (U&*�coV Pl C 2�CStL zsZ-�i2g-'1b Name 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. LAMA Goe,.eda.f ?erwi� 2-'i�S fo27C (p Z000 h. Signed consultant or agent authorization form, if applicable. I. Welland delineation, if necessary. 1. 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. It the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. r. Certification and Permission to Enter on Land 1 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 statq 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 application is truthful to the best of my knowledge. Date A.l.a . 3) . 2 0I 6 Print Name L Ibr<aT w • � ry rc All Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and CulvertsR EC E IVE D ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information OCT U 4 2016 DCM- MHD CITY q Farm DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation andicr rill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline NWL stabilization Length r Width 30' Avg. Existing Depth / 1 NA NA Final Project Depth �� NA NA EXCAVATION Q(N a. mount of material to be excavated from below N W W in cubic yards. c. (i) Does the area to be excavated include coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). or other wetlands (W L)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑SB OWL 13None (ii) Describe the purpose of the excavation in these areas: ❑This section not applicable b. 'type of material to be excavated. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL % ❑This section not applicable a. area. C. (i) Do you claim title to disposal area? r ❑Yes &K0 DNA 01(ii I o. attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feel affected. ❑CW ❑SAV ❑S8 OWL 09mone (ii) Describe the purpose of disposal in these areas: b. Dimensions of disposal area. d. (i) Will a disposal area be available for future maintenance? Dyes ❑No 94MA (ii) If yes, where? f. (1) Does the disposal include any area in the water? ❑Yes G�Ro DNA (ii) If yes, how much water area is affected? REC J.J\i T'C OCT 0 4 2�1S .EIVE'D AUG 3 12016 Cf 3. SHORELINE STABILIZATION 2<is section not applicable (If development is a wood groin, use MP-4 — Structures) a. 1 ype or snoreune stamizatlon: o. Lengtn: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other;,,,,,,,,,, Width: C. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap Breakwater/Sill Other _ L Source of fill material. I. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (if) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES il< section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and erosion controlled? No++o !oQ kid+ on SAt c. (i) Will navigational aids be required as a result of the project? ❑Yes &o [-]NA (ii) If yes, explain what type and how they will be implemented. submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW OSAV ❑SB ❑WL ❑None (ii) Describe the purpose DREG Ei a_ p.� D fill in What type of construction equipment will be used (e.g., dragline backhoe, or hydraulic dredge)? %arce VAOILkliC41 (i: qq` d. (i) Will wetlands be crossed in transporting equipment to project .site? ❑Yes 5JK'0 ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. 1.3, f Zn 16 L Ib&Rt w, OwA-AR Dale Applicant Name 20 (,-taaw i T�A • Ze AA, Oy't N •�. Project Name Applicant Signature 1jib 3Qr It i T__ ; — r - — AaA if f i _ t RECEIVED OCT 0 4 2016 DCM- MHD CITY 61b&Rs 0 w ENS o-b G-oAw'IN L.AwnP )�d '3f--AuFFuRT, i�•C • 1� (h�1ck�ES 5eu�'A grop¢sAl Go(hERS West c,Ktj&& Z 34NL''So.59"iJ 1(,a3�?`2.`7,16" W cvwE:R AA 34°42.'3o,19" n1 n 6 5>'26.12. 4 W�si• S'��b- A9J^Cb� ��o�<+'�y OwuvR- ��.,� s'�db lao1AC�NZ�'Yop�R�� �w,u16C\- vJnitfR C.4ARLtS wl• T A'f LoR RECEjvED oc 0 4 2W6 pCM. MHp CITY o f*t ln I• L t R � rE rApOt Google earth j` �''i` IV �:' _._.. ... .. � 4� � .l t•u '.i � n .. �_LL,, / J :� Av l+�R�tS W, t►° rat o��r�s oc, a Zoos V. 2-Of = COYNeRS osr p'�'P��i ---- =Vvopard €J,v�GJlJ& AMA DCM Coordinator: "2 Permit #: 8-1-7 MAILING DISTRIBUTION SHEET I ` O Permitee• ��%rT { J Ov-%,AS �i Agents DCM Field Offices Elizabeth City c More ead Citv Washington Wilmington US ACOE Offices: Washington: (with revised work plan drawings) Raleigh Bland Josh Pelletier William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley iz ai Cultural Resources: Renee Gle-- dhill_EgxLy er' Public Water Supply: _Heidi Cox (WIRO Joey White (WARD) Marine Fisheries: hane Sta les Gregg Bodnar NC DOT: Ben Hughes Shellfish Sanitation: annon Jenkins State Property: CTim Walton > Water Quality: Karen Higgins (Raleigh) JoFruFlennessy�N T) Washington: Anthony Scarbraugh - 401 Wilmington: c�-Ma-EE -EE> Cl-iaa o DEMLR: Washington: ScottVinson—,%oxrnwater Wilmington: Georgette Scott - Stormwtiter Wildlife Resources: <&V Dunn LPO: Fax Distribution: Permitee Agent #:. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 February 6, 2017 Regulatory Division Action ID No. SAW-2016-02329 and State Permit No. 8-17 Mr. Elbert W. Owens 120 Goodwin Lamp Road Beaufort, North Carolina 28516 Dear Mr. Owens: Reference your application for a Department of the Army permit to perform new dredging within waters of Taylors Creek, surrounding an existing docking facility at 120 Goodwin Lamp Road, in Beaufort, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, Manatee Guidelines, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, 1. r Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: Energy, Mineral & Land Resources ENVIRONMENTAL OVALITV February 7, 2017 Elbert W. Owens 120 Goodwin Lamp Road Beaufort, NC 28516 Subject: EXEMPTION Stormwater Project No. SW8 161021 Owens Dredging Project Carteret County Dear Mr. Owens: ROY COOPER Governor MICHAEL S. REGAN Secretary TRACY DAVIS Director On October 20, 2016, the Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the LAMA Major Permit Application for the subject project. Staff review of the plans and specifications on October 24, 2016 has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Georgette Scott at (910) 796-7215, or via e-mail at georgette.scottancdenr.gov. Sincerely, r Tracy E. Davis, P.E., Director Division of Energy, Mineral, and Land Resources GDS/gds: %StormwaterTermits & Projects\2016\161021 Exemption\2017 02 permit 161021 cc: Eric Pake, Jr. Construction Town of Beaufort Building Inspections Heather Styron/DCM Morehead City RECEIVED Wilmington Regional Office Stormwater File FEB 15 2017 State of North Carolina I Environmental Quality I Energy, Mineral and Land Resources Wilminyluu Regional0(Oce 1121 Cardinal Drive Extensiun I WRminytuu.NC 28405 9107967215 DCM- MHD CITY Coastal.Management ENVIRONMENTAL QUALITY January 23, 2017 Elbert Owens 120 Goodwin Lamp Rd. Beaufort, N.C. 28516 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, v , D glalae*9s V. HuggeVe*9 Major Permits Manager N.C. Division of Coastal Management State ofNorth Carolina I Environmental Quality I Coastal Management Morehead City Office 14000ommerce Avenue I Morehead City,NC 28557 2528082808 ROY COOPER Governor WILLIAM G. ROSS JR. Secretary BRAXTON DAVIS Coastal Management Dlr`°t°r ENVIRONMENTAL QUALITY Elbert W. Owens 1/12/2017 120 Goodwin Lamp Rd. Beaufort, NC 28516 Dear Sir: This letter is in reference to your application for a Coastal Area Management Act Major Permit to undertake development activities on your property adjacent to Taylors Creek in the town of Beaufort, Carteret County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-122(c) which would make March 3, 2017 the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (252-808- 2808 ext. 213) or e-mail (gregg.bodnar@ncdenr.gov). Sincerely, Gregory odnar Assistant Major Permits Coordinator State of North Carolina I EnvironmeNal Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252.908-29081252-247-3330(faz) tiTIT pp SAILS OiRegulatory Division DEPARTMENT OF THE ARMY WILMINGTON DISTRICTS CORPS OF ENGINEERS :.._ .69DARLINGTON AVENUE_ WILMINGTON, NORTH CAROLINA 28403 1343 February 6, 2017 Action ID No. SAW-2016-02329 and State Permit No. 8-17 Mr. Elbert W. Owens 120 Goodwin Lamp Road Beaufort, North Carolina 28516 Dear Mr. Owens: Reference your application for a Department of the Army permit to perform new dredging within waters of Taylors Creek, surrounding an existing docking facility at 120 Goodwin Lamp Road, in Beaufort, Carteret County, North Carolina. Your proposal has been reviewed and found to be consistent with the provisions and objectives of the CAMA-Corps Programmatic Permit process (copy attached) for construction activities that receive authorization from the State of North Carolina. Therefore, you may commence construction activity in strict accordance with applicable State authorization, attached Federal special conditions, Manatee Guidelines, and the approved plan. Failure to comply with the State authorization or conditions of the Federal permit could result in civil and/or administrative penalties. If any change in your work is required because of unforeseen or altered conditions or for any other reason, plans revised to show the change must be sent promptly to this office and the North Carolina Division of Coastal Management prior to performing any such change or alteration. Such action is necessary as revised plans must be reviewed and the authorization modified. Your Department of the Army permit will expire on December 31, 2021. Questions or comments may be addressed to Ms. Liz Hair, Wilmington Field Office, Regulatory Branch, telephone 910-251-4049. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Enclosures: -2- Enclosures: CAMA permit Manatee Guidelines GP 291 conditions Copies Furnished (with enclosures): Mr. Eric Pake Eric Pake Jr. Construction 135 Pake Road Beaufort, North Carolina 28516 Copies Furnished (without enclosures): Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 BOSN3 Mr, Scott McAloon United States Coast Guard Sector North Carolina Waterways Management 2301 E. Fort Macon Road Atlantic Beach, North Carolina 28512 Electronic Copy Furnished (without enclosures): NOAA/NMFS; Dr. Ken Riley NOAA/NMFS; Dr. Pace Wilber NCDEQ/DCM; Mr. Doug Huggett NCDEQ/DCM; Ms. Debbie Wilson NCDEQ/DCM: Ms. Courtney Spears NCDEQ/DWR; Mr. Chad Coburn NCDEQ/DWR; Ms. Karen Higgins NCDEQ/DCM; Mr. Ryan Davenport DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Elbert W. Owens County: Carteret LOCATION OF PROJECT: 120 Goodwin Lamp Rd., adjacent Taylors Creek, in the Town of Beaufort. DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10/4/16 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: No CONSISTENCY DETERMINATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Heather Styron DISTRICT OFFICE: Morehead City DISTRICT MANAGER REVIEW: Roy Brownlow B) DATE RECEIVED BY MAJOR PERMITS UNIT: 10/18/16 FEE REC'D: $250.00 PUBLIC NOTICE REC'D: Yes END OF NOTICE DATE: 11/5/16 ADJ. RIP. PROP NOTICES REC'D: Yes DEED REC'D: Yes APPLICATION ASSIGNED j TO: Courtney Spears C) 75 DAY DEADLINE: 1,,�.{4S ' MAIL OUT DATE: 10/18/16 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE ON: 10/19/16 150 - DAY DEADLINE: 39 V ' 7 STATE DUE DATE: FED COMMENTS REC'D: DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS. YES NO NOTES Coastal Management - Regional Representative 1 at f (P CoastalManagement- LUP Consistency Determination IO (,J/. /\ r�tJ r: S•t'� Division of Community Assistance C O 71/I r1 �y < 1 V�* tow ► • ate"• -t DEMLR-Land Quality Section ♦ /N o j �/� tN i r t-mulf DivisionofWataResources-401 1j.'t9 w 206-16(1 DEMLR-Storm Water Management 11DIN %A J Q yyse0i Ala Y„to State Property Office 16 3j /I, �m�w/ 'h Division of Archives & History (O �t� l K l K / ` frv'\_�s�/V+,�r�I'' V (, (71. a,► r {a L 1 DMF-Shellfish Sanitation Iv �O Ow OW K-1`11011C W titer SUpply �I V VYI Division of Highways Wildlife Resources Commission l' I ysra ya/1n�1 Local Permit Ofrme DCM-Fisheries Resource Specialist j' p r"l "�• n r D Corps of Engineers N/ C 1 _j ik �t1 1 Q October 18, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: 9 PAT MCCRORY Gnvrnor DONALD R. VAN DER VAART &-entry, Shane.8taples or"Gregg Bodnar Division of Coastal Management Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Elbert W. Owens Carteret County, at 120 Goodwin Lamp Rd.; Beaufort. BRAXTON DAVIS Oirreor RECEIVED oci 24 2016 . DCM-F18herJ08 FARO .Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of 77' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and returnthis form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 809-2808. Ext. 216..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. / V Tlris 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 stateomoe& cufts 1BR*0=0UW Qualify I caaWmuaae t 400 C� Avenue lMmhead aty.NC MS7 252-808.28081252-247-3330 (fa) a PAT MCCRORY Gown"'. DONALD R. VAN DER VAART Coastal Management ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Elbert W. Owens DATE: 10/31/16 BRAXTON DAVIS' IM-o , A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to excavate a 30' x 65' boat basin to -7' NLW around an existing docking facility in Taylor's Creek, Beaufort, NC. The proposed excavation will be a minimum of 25' from the coastal wetland edge and be completed using bucket and barge then hauled to an approved spoil disposal site. The site bottom composition is sand/silt and is not located in a PNA and the area is closed to shellfish. Even though the site Is not located in a PNA a dredging moratorium from April 1—September 30 is still recommended to protect fish and fisheries habitat in the area from turbidity and sedimentation likely to occur during the proposed work. The drawing provided with the application depicts a tapered basin as opposed to a box cut excavation; no slope is given for this taper but it is recommended that a 3:1 or shallower slope be utilized to help reduce sloughing effects that can expand bottom impacts. Also the project description states the excavation will connect to adjacent water depths of -7' NLW, but the drawing provided does not show the excavation connecting to adjacent water depth; this should be corrected in the final permit. I Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State ofNorth Carolina I Emiranmenml Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) 0 Spears, Courtney From: Sent: To: Cc: Subject: Attachments: Courtney and Robb, Staples, Shane Monday, October 31, 2016 4:37 PM Spears, Courtney Mairs, Robb L Elbert W. Owens Elbert W. Owens.pdf Comments are included. Recommended the April 1—Sept 30 Dredge moratorium but most of the comments are geared towards clarifying some project details such as slope of the cut and making the drawing match the description that it actually will connect to adjacent water depths Thanks Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.stapies@ncdenr.gov 943 Washington Square Mall Washington, NC 27817 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. PAT MCCRORY Gwarnor DONALD R. VAN DER VAART .G.vvMrY BRAXTON DAVIS . Oimctor October 18, 2016 MEMORANDUM: TO: Shane. Staples or Gregg Bodnar Divisign of Coastal Management FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Elbert W. Owens Project Location: Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Receive® Oct 291Ut9 DOM-Ftahetlea WARO Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -7' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216..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. V / 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 'F`?R DATE /D1-711 St.W fNotih.c=U, IBllYR=.UW Quality I Coutd Management 4M CammeaoeAMUa IMomhead CIty,NC 28557 ` 252-808-28091252-2473330 *0 PAT MCCRORY onwno,r r�' f r yak'. `SI Coastal Management ENVIRONMENTAL QUALITY DONALD R. VAN DER VAART Netogm7 MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Elbert W. Owens DATE: 10/31/16 BRAXTON DAVIS l.Lmrtor A North Carolina Division of Coastal Management (DCM) Fisheries Resource Specialist has reviewed the subject permit application for proposed actions that impact fish and fish habitats. The applicant proposes to excavate a 30' x 65' boat basin to -7' NLW around an existing docking facility in Taylor's Creek, Beaufort, NC. The proposed excavation will be a minimum of 25' from the coastal wetland edge and be completed using bucket and barge then hauled to an approved spoil -disposal site. The site bottom composition is sand/silt and is not located in a PNA and the area is closed to shellfish. Even though the site is not located in a PNA a dredging moratorium from April 1—September 30 is still recommended to protect fish and fisheries habitat in the area from turbidity and sedimentation likely to occur during the proposed work. The drawing provided with the application depicts a tapered basin as opposed to a box cut excavation; no slope is given for this taper but it is recommended that a 3:1 or shallower slope be utilized to help reduce sloughing effects that can expand bottom impacts. Also the project description states the excavation will connect to adjacent water depths of -7' NLW, but the drawing provided does not show the excavation connecting to adjacent water depth; this should be correctedInthe final permit. Contact Shane Staples at (252) 948-3950 or shane.staples@ncdenr.gov with further questions or concerns. State of North Cmolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fh) Spears, Courtney From: Staples, Shane Sent: Sunday, November 06, 2016 12:45 PM To: Spears, Courtney Subject: RE: Elbert W. Owens I think I covered my bases on with those comments. They were submitted after I talked to Heather. I thought about asking for an updated and better drawing before submitting comments, but I decided to just have more in-depth comments regarding slope of cut, distance from marsh, and that the drawing should be modified to show the dredge connecting to adjacent water depth like the �project � describes but �lthe ,�drawing �shows thhepmIl digging a hole. �yt Thanks yl�f &"vMs JV�^^ � "1 ' Shane Y� Dy�/W rtCf/�t t.�S•l— 'h O tv) GGrnYI.� J Shane F. Staples Y l rf�,(�'��� r� ►1� Fisheries Resource Specialist Waf%v '"yam Division of Coastal Management Department of Environmental Quality 077 252 948 3950 office shane.staples@ncdenr.gov 943 Washington Square Mall Washington, NC 27817 ^Nothing Compares Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Spears, Courtney Sent: Friday, November 04, 2016 9:04 AM To: Staples, Shane <shane.stapies@ncdenr.gov> Subject: RE: Elbert W. Owens Hey Shane, Did you talk to Heather about this? She said you contacted her and I wanted to see if you got all the info you needed and, if so, if you were going to submit updated comments? If not, let me know and we can discuss further to get this info you need. Thanks, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality lip 252 808 2808 office courtnev. spears(c)ncden r. gov 400 Commerce Avenue 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. From: Staples, Shane Sent: Monday, October 31, 2016 4:37 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Cc: Mairs, Robb L<robb.mairs@ncdenr.gov> Subject: Elbert W. Owens Courtney and Robb, Comments are included. Recommended the April 1—Sept 30 Dredge moratorium but most of the comments are geared towards clarifying some project details such as slope of the cut and making the drawing match the description that it actually will connect to adjacent water depths Thanks Shane Shane F. Staples Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 948 3950 office shane.staples()a ncdenr.cov 943 Washington Square Mall Washington, NC 27817 CM c,' r 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. PAT MCCRORY 1) K'z Environmental Quality U _U 1 9 I v 1 u DATE: October 13, 2016 TO: Courtney Spears THRU: Roy Brownlow FROM: Heather M. Styron 1\ J Govemor DONALD R. VAN DER VAART _.._ _.. Secretary BRAXTON DAVIS Director SUBJECT: Comments and Recommendations - CAMA Major Permit —Elbert Owens, Taylors Creek Excavation, Beaufort, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the excavation (new) (no proof of previous excavation) of the docking facility and slip areas at 120 Goodwin Lamp Road within Taylors Creek. The development conforms to the guidelines set forth under 15A NCAC 07H .0208. Taylors Creek is closed to shellfish harvest and is not a Primary Nursery Area. Assuming that state and federal agencies concur with the proposal, the District recommends the project be authorized as proposed, contingent upon the following conditions: The permitted activity will be conducted in such a manner as to prevent a significant increase in turbidity outside of the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 25 NTU's or less in all saltwater classes are not considered significant. The final excavation depth shall not exceed -7'NLW in all areas. 4 All excavation shall remain a minimum of 5' from the edge of coastal wetlands and remain within the dredge footprint shown on drawings dated received by DCM on 10/4/16. "Nothing Compares State of North Carolina I Envirommental Quality 1601 Mail Service Center I Raleigh, North Carolina 27699 1601 919. 707-8600 December 16, 2016 Elbert W. Owens 120 Goodwin Lamp Road Beaufort, NC 28516 PAT MCCRORY DONALD R. VAN DER VAART S. JAY ZIMMERMAN DWR Project # 2016 1019 Carteret County Subject Property: 120 Goodwin Lamp Road, Beaufort Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Owens: You have our approval, in accordance with the attached conditions and those listed below, to impact 0.04 acres (1,950 square feet) of open water area due to excavation within an existing docking facility as described within your application received by the Division on October 20, 2016. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 3900 (GC 3900). 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: hU://portal.nedenr.org/web/wq/swp/ws/401 /certsandpermits. 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 y be required as described in 15A NCAC 2H .0506 (h). This approval requires you to foil e conditions listed in the attached certification and any additional conditions listed am , Vry � The Additional Conditions of the Certification are: 1. This approval is for the purpose and design described in your application. The plans, specifications for this project are incorporated by reference as part of the Certificaj. If you change your project, you must notify the Division and you may be required to submit a new State ofNorlh Carolina I Department of Environmental Quality I Division of Water Resources 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 Elbert W. Owens DWR # 2016-1019 Page 2 of 4 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 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 4 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 permittee 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 021-1.0506 (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. [15ANCAC 02H.0507(d)] RECEIVED DEC 2 9 2016 DCM- MHD CITY %Elbert W. Owens DWR k 2016-1019 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 pemrittee/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 (800) 858-0368. 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: http://mortal.ncdenr.org/web/wci/swp/ws/401 /censandpermits/a_pply/forms). 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 h9p://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 A. Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition alf q with any applicable OAH filing fee is received by the OAH within five (5) business day �Q following the faxed transmission. �' Elbert W. Owens DWR N 2016-1019 Page 4 of 4 Mailing address for the OAH: If sending 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 Robb Mairs in the DWR Wilmington Regional Office at 910.796.7215 or Robb.MairsAncdenr.gov. Sincerely, ` VS' Jim C3 gson, Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC 3900 cc: Liz Hair - USACE Wilmington Regulatory Field Office Doug Huggett — DCM Morehead City DWR 401 & Buffer Permitting Branch file W'RG RECEIVED DEC 2 9 2016 DCM- MHD CITY PAT MCCRORY c Governor it -Y DONALD R, VAN DER VAART Seriemry BRAXTON DAVIS Coastal Management otn.cmr ENVIRONMENTAL QUALITY October 18, 2016 MEMORANDUM: TO: Rachel Love-Adrick Division of Coastal Management FROM: Courtney Spears Major. Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Elbert W. Owens Project Location: Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -7' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: —2-10 This agency has no ob'ection to the project as proposed. i� co r�nn r N1LS This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. to the project for reasons described in the attached comments. rt7r? SIGNED DATE col 3 State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247.3330(fax) PAT MCCRORY G"cernnr M% ?. DONALD R. VAN DER VAART " H BRAXTON DAVIS Coastal Management urmw„ ENVIRONMENTAL OOALITY TO: Courtney Spears, Major Permits Processing Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Planner, U j� Division of Coastal Management �' SUBJECT: Major Permit Request by Elbert. W. Owens DATE: October 31, 2016 Consistency Determination: The request is consistent with/not in conflict with the Town of Beaufort Core Land Use Plan certified by the CRC on January 26, 2007, provided that all applicable local, state, and federal development guidelines are met. Overview: The project site is located at 120 Goodwin Lamp Rd, Beaufort, Carteret county, North Carolina. The applicant is requesting new excavation at an existing docking facility on Taylors Creek to reach a depth of -7" NLW. A total of 433 cubic yards of material would be removed from an excavation area of 30' x 65'. Excavation would remain a minimum of 25' from the existing marsh edge. Taylors Creek surface water classifications are SC. The site is not designated as a Primary Nursery Area and is closed to the taking of shellfish. No shellfish resources of submerged aquatic vegetation were observed within the project area. A review of archaeological resources was not provided. Anticipated impacts resulting from this project are expected to include: increased turbidity and approximately 1,950 ft2 of disturbance to shallow bottom habitat. There will be no impact to SAVE or shellfish. Spoils would be barged off and offloaded at a preapproved site Basis for Determination: The project site is located in the Town of Beaufort's ETJ (Extraterritorial jurisdiction) and is subject to the 2006 Town of Beaufort Core Land Use Plan. The Future Land Use Map (FLUM) designates the site as Low Density Residential and Conservation/Open Space. The project appears to be consistent with the Future Land Use designations. Nothing Compares..--� State of North Carolina I Environmental Quality I Coastal Management 400 Commeme Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 Of2:- The following LUP policies may be applicable to this request: 4.2.6 Areas of Environmental Concern Policy 1, pg. 82: "The Town of Beaufort supports state and federal law regarding land use and development in AECs". Policy 3, pg. 82. `Beaufort supports the use standards for estuarine and public trust areas as specified in 15A NCAC .0207: Nothing Compares...,, State of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247-3330(fax) PAT MCCRORY Gw Mrn DONALD R. VAN DER VAART S-1-Y Coastaf Management ENVIRONMENTAL QUALITY October 18, 2016 IUVI03V to] M:WIoil) uI TO: Lee Padrick Division of Community Assistance FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Elbert W. Owens Project Location: Carteret County, at 120 Goodwin Lamp Rd., Beaufort. BRAXTON DAVIS Dk vaor Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -7' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. RECEIVED OCT 31 2016 REPLY: This agency has no objection to the project as proposed. � Phis 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 l Z 8 Slate of North Carolina I F"i"Mmtal Quality I Coeaml MeneBemmt 400 Commerce AMW I Morehead City, NC 28557 252-808-28081 M-247-3330(f,4 Coasta(Hlanagement ENVIRONMENTAL ouALITY October 18, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location - Proposed Project: PAT MCCRORY Gommor DONALD R. VAN DER VAART Seusroiy . BRAXTON DAVIS Dwmr Dan Sams Division of Energy, Mineral & Land Resources Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Elbert W. Owens Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Proposes to excavate around the existing docking facility in order to reach a depth of -T NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. . EIVED REPLY: This agency has no objection to the project as proposed. Nov 0 2016 This agency has no comment on the proposed project. DCM_ MHD Cl-(Y 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_L DATE OcT ZS Zot& ^ StMe of North Carolina I &mim menW Quility I Coastal Muaeement - - 400 Commerce Avenue I Morehead City, NC 28557 252-808-28091252-247-3330 (fax) PAT MCCRORY (Bnernor DONALD R. VAN DER VAART 4rrcMry BRAXTON DAVIS Coastal Management Din•ctur ENYIRONKENTAL QUALITY ECEIV'E OCT 202016 BY: October 18, 2016 MEM RANDUM: T Georgette Scott Division of Energy, Mineral, & Land Resources r FR t Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Elbert W. Owens Project Location: Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -T NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. NOV 0 7 2016 2 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 / reasonsdescribedin the attached comments. SIGNED DATE /(/ 2 L Zl!k State of North Carolina I Environmental Quality I Comod Maoegemeut 400 Commerce Avenue I Morehead City, NC 28557 252-808-28081252-247.3330(fox) Coastal Management EWRONMENTAL QUALITY October 18, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Ell I- - - u"i242016 H1s�s��v��iov Renee Gledhill -Early NC Department of Cultural Resources Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Elbert W. Owens PAT MCCRORY Gotrrnvr LD R. VAN DER VAART Sdr Lary 13RAXTON DAVIs Oirmor Carteret County, at 120. Goodwin Lamp Rd., Beaufort. 10 Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -7' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 `� CL DATE j O' J'�5 ' ou 2 5 2016 State orNorth Carolm¢ &mriranmentnl Quality Co¢shl MinaSement 400 Commerce AV=0I Morthoad City, NC 28557 252-808-2808 1 252-247-3330 (fax) Coastal Management ENVIRONMENTAL QUALITY October 18, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: PAT MCCRORY Gmernor DONALD R. VAN DER VAART 3 ,,Mfary BRAXTON DAVIS Dwa[or RECEll VEE' OCT 242016 COA STATE PROPERTY OFFICE Tim Walton State Property Office Courtney Spears Major Permits Processing Coordinator CAMA/DREDGE & FILL Permit Application Review Elbert W. Owens Project Location: Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Proposed Project:. Proposes to excavate around the existing docking facility in order to reach a depth of -7' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. s 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 bjects to the project for reasons described in the attached comments. SIGNED �� DATE %i"��( RECEIVED f OCT 31 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Coastal Management 400 Commeme Avenue I Morehead City, NC 28557 252-808.28081252-247-3330 (fax) Coasta(Management ENVIRONMENTAL QUALITY October 18, 2016 MEMORANDUM: TO: Shannon Jenkins Shellfish Sanitation PAT MCCRORY 0 CNVmor DONALD R. VAN DER VAART Savemry _ BRAXTON DAVIS D " � � bircclar IV 4( OCT a V Sheiif. 4 h Sdo; ?�Wr wdr9� ��dliry �+ AeCrpd FROM: Courtney Spears Major Permits Processing Coordinator SUBJECT: CAMA/DREDGE & FILL Permit Application Review Applicant: Elbert W. Owens Project Location: Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -7' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with_supporting data is requested. REPLY: This agency has no objection to the project as proposed. X 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 U'MoicL AT IQS/It / ( � RECEIVED OCT 2 6 2016 SweafNocth C�Oaa I Envimmww Quuty I COMA, maw�` DCM- MHD CITY 400 Comm Av w I Morehead City, NC W57 252-808-28081252-247d330 &x) Coastal Management ENVIRONMENTAL QUALITY October 18, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: Diane Williams Public Water Supply Courtney Spears Major Permits Processing Coordinator PAT MCCRORY Gmrnar DONALD R. VAN DER VAART 5ecratory . BRAXTON DAVIS Din•ctar OCT 19 2016 Division of NiRO. ub rc WB��pCes CAMA/DREDGE & FILL Permit Application Review Elbert W. Owens Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -7' NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. When appropriate, in-depth comments with supporting data is requested. REPLY: ✓ This agency has no objection to the project as proposed. CEIVED NOV 0 7 2016 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 7_ %id4 iGG�lil� DATE Jb/612010 State of North Carolina 1 r%viromneom! Quality I Coastal Mannamew 400 Commerce Aveaue I Morehead City, NC 28557 252808-28081252-247-3330 (fax) Coastal Management ENVIRONMENTAL QUALITY PAT MCCRORY CS G wmor DONALD R. VAN DER VAART 5rrxtory BRAXTON DAVIS T Dwelor 6'.I4'. ID, 25 . uZ October 18, 2016 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location: OCT 2016 REIYED Maria Dunn NC Wildlife Resources Commission Courtney Spears Major.Permits Processing Coordinator CAMA/DR EDGE & FILL Permit Application Review Elbert W. Owens Carteret County, at 120 Goodwin Lamp Rd., Beaufort. Proposed Project: Proposes to excavate around the existing docking facility in order to reach a depth of -T NLW, which per the applicant existed previously. Please indicate below your agency's position or viewpoint on the proposed project and return this form by November 7, 2016. If you have any questions regarding the proposed project, please contact Heather Styron, Permit officer at (252) 808-2808. Ext. 216. 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 l lJ �erO SIGNED �7 / DATE I D -31- I ( 66JJ NOV 0 4 2016 State ofNorth Cecolma I Ea*ooronml Quality,&.. M.Woaent DCM- MHO CITY 400 Commerce Avenue I Morehead City, NC 28551 252-808-28081252-2473330 (f 4 Bodnar, Gregg From: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hai r@usace.army.mil> Sent: Friday, January 20, 2017 2:29 PM To: Bodnar, Gregg Subject: RE: DCM application comments Hey Gregg, Thanks for reaching out. Here's the status for the following projects: NC DMF Huggins Creek: received November 4, 2016. This one is being processed as a GP 194. Likely to require manatee guidelines and am trying to figure out the ESA consultation portion for this one. No need to wait for me, but I will not be able to issue until ESA is resolved. Comer Marina: received Dec 27, 2016. 1 have not had a chance to review yet, likely to be processed under GP 291. Southern Salt Seafood: Received Dec 27, 2016. Same as above. Elbert Owens: Public Notice comment period closed December 21, 2016. No negative comments received or additional conditions requested. Standard GP 291 conditions and manatee guidelines will apply. If you are ready to issue, don't worry about wait for my formal recommendations. Academy Field, LLC: Haven't seen this one yet. Thanks, Liz -----Original Message ----- From: Bodnar, Gregg [mailto:gregg.bodnar@ncdenr.gov] Sent: Friday, January 20, 2017 1:56 PM To: Hair, Sarah E CIV CESAW CESAD (US) <Sarah.E.Hair@usace.army.mil> Subject: [EXTERNAL] DCM application comments Afternoon Liz, Hope all is well. I've taken over for Courtney as the Assistant Major Permits Coordinator and I'm going through the backlog of projects and I have a few that I can't find comments from you yet. I figured they may have been lost in the shuffle here or may not be written yet. Since I'm coming into these projects in the middle of them I thought it would be easier to just bother you and ask all at once. Though I'll probably be bothering you a lot until I get a handle on the job, so sorry in advance. So here are the most pressing projects I have outstanding... NCDMF AR-381 Huggins Creek near Cedar Point, Carteret County Southern Salt Seafood Company in Morehead City, Carteret County Comer Marina near Stella, Carteret County Elbert Owens 120 Goodwin Lamp Rd, in Beaufort, Carteret County Academy Field LLC, 1200 Harkers Island Rd, Harkers Island in Carteret County If you have any information on these projects or can re -send any comments that have already been submitted I would greatly appreciate it. Also, if there are any specifics about how you like to comment, best way to contact you about projects, or if there is anything you need from me for these projects or future ones just let me know. Thanks, Gregg Gregg Bodnar Assistant Major Permits Coordinator/ Fisheries Resource Specialist Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 213 office Gregg.Bodnar@ncdenr.gov 400 Commerce Ave Morehead City, NC 28557 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Elbert W. Owens (new excavation within Taylors Creek) 2. LOCATION OF PROJECT SITE: 120 Goodwin Lamp Road, Beaufort, Carteret County Photo Index - 2006: 42-6406 R (16) LAT 34042'29.13 LON 76037'26.97 Chi► 9�TW." LI%I 5. PROCESSING PROCEDURE 6. SITE DESCRIPTION: Dates of Site Visit—10/12/16 Was Applicant Present No Application Received — 10/4/16 Application Complete- 10/4/16 Office — Morehead City (A) Local Land Use Plan — Town of Beaufort Land Classification from LUP — Low Density Residential with Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — none (F) Type of Structures: Existing — N/A Planned — new excavation within the slip areas of the existing docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom 1,950 ftz N/A N/A (D) Total Area Disturbed: 1,950 ftz (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to excavate around the existing docking facility located at 120 Goodwin Lamp Road along Taylors Creek in Beaufort. 9. Narrative Description: The Elbert W. Owens, project is located at 120 Goodwin lamp road in Beaufort, Carteret County. The project area can be found by following Lennoxville Road until you are within the vicinity of Atlantic Veneer. Goodwin Lamp Road is approximately 200' east of the Field Investigation Elbert W. Owens Page 02 Atlantic Veneer,property and located on the right side of Lennoxville Road. The applicant could not find documentation for previous dredging for this area of Taylors Creek. The water depths in the area to be excavated are an average of -1'nlw with a connecting water depth of -7' or greater. The Division of Water Resources classifies this area as SC Waters. This part of Taylors creek is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Town of Beaufort Land Use Plan certified in 2007 classifies this area as Low Density Residential with Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single-family homes to the east and the west of the project location. 10. Proiect Description: The applicant is proposing to excavate around the existing docking facility in order to reach a depth of-7'nlw, which per the applicant existed previously. The existing water depth within this area is an average of-l'NLW. The connecting water depths at the channel entrance are -7'NLW or greater. A total of approximately 433 cubic yards of material would be removed from the existing docking facility with an excavation area of 30' x 65'and would remain a minimum of 25' from the existing marsh edge. The final depth for the excavation would be -7' NLW. The excavation would be done by bucket to barge and taken offsite to a preapproved spoil location (the Morgan St site). 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 1,950 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. HEATHER STYRON Morehead City October 18, 2016 Environmental Quality October 13, 2016 Elbert W. Owens 120 Goodwin Lamp Road Beaufort, NC 28516 Dear Mr. Owens: PAT MCCRORY Governor DONALD R. VAN DER VAART . - .. secretary - BRAXTON DAVIS Director The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project along Taylors Creek in Beaufort, Carteret County. The application was received as complete on 10/4/16, and appears to be adequate for processing at this time. The projected deadline for making a decision is 12/18/16. 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 10/4/16, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way'fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receivn/, ield report and/or comments from reviewing agencies. Sincerely,4/_, i A- Heather M.Styron Coastal Management Representative Nothing Compares.. StmeofNarth Carolina I Ehvironmentalquality 1601 Mailservlce Center [ Raleigh, North Carolina27699-1601 919. 707-8600 CAMA PERMIT A���IED FORg COMMENTS ACCEPTED THROUGH FOR MORE DETAILS CONTACT j i I G NORTH CAROLINA, CARTERET COUNTY This Instrument and this certificate are duly Bled at the data and time and In the Book and Page shown on the first page hereof. Jadesty, ater of Deeds BY Y. /yarMpeY. a.JYM1, aI Cwa To: Jams Thompson Prepared By: Deed of Trust FOR REGISLRATY T. REGISTER OF 01 car tent count . rK JUIY 06, 2015 WW.34 AN TRAVIS 01T 19 P FEE: f73.00 FILE 11513234 MIN: 1DO159966178966890 Definitions Words used in multiple Sections of this document we defined below and other words are defined is Section 3, 11, 13, 19, 20 and 21. Certain rules regarding the easge of words used in this document are also provided in Section 16. (A) "Seeurtly Inatnumerd" means this document, which is dated July 2, 2015 , together with all Riders to this document. (0) "Borrower" is Elbert ■ Owens Jr ,Q (Legally Separated) t O RECEIVED OCT 0 4 2016 Borrower is the castor under this Sanity Innmment. (C) "Lander' is Branch Banking and Trust Company DC M- M H D CITY Leader is Corporation organized and existing undo the laws of NORTH CAROL I NA eenaceeea r naent rORHOYOYNdaW FnM'imNurYawYus llarLwlimrmwearmm sea Fmo°iaaa,ros WP ZA I0.mt"Pv4a Bsvk� VYRaMG)ItM 1/ BOOK .L13 PAGE a3 `l 0q 9 Lenders address is 223 Mast Nash Street, Mi Ison, NC 27893 (C-1) The name of the Mortgage Broker is (D) "Trustee"is Jam far Grant (E) "M ERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lander and Lander' a successors and assign. MERS Is the beseDclary, under this Security lownumeut MERS is organized and uisting under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, ml. (888) 679-MERS. (F) "Nob" means the promissory now signed by Borrower and dated as of the dale hereof . The Note states that Borrower owes Lender One M i I I ion Forty Thousand And Zero/100 Dollars(U. S. S 1, 040, 000. 00 ) pin interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full nor Into than August 01, 2045 (0) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charge, and late charges due under the Note, and all arum due under this Security Instrument, plus interest. (1) "RMere" means all Riders to this Security Imtrumemt that we executed by Burrower. The following Riders are to be executed by Borrower (check box as applicable]: El Adjustable Rate Rider EJ Cusk miium Rider Snood Home Rider 0 Balloon Rider 0 Planned Unit Development Rider l- Family Rider ED VA Rider Biweekly Payment Rider Other(e) [specify] (J) "Appllcabb Law" mean all controlling applicable federal, state and local alamtee, regulations, ordinances and administrative roles and orders (that have the effect of law) as, well as all applicable final, non -appealable judicial opinions. (IQ "Community Association Does, Fars, and Assessments" mean all dues, foss, assessments and other charges thin are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (L) "Meclronle Funds Transfer" means any transfer of funds, other than a transaction miginated by check, draft, or similar paper instrument, which is initiated through an elecomic terminal, telephonic intnnment, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactiom, travelers initiated by telephone, wire awebn, and automated clawinghonse transfers. eelra,aaaa �HWwm=—.--Ma--I-T-- laaILrr VHYaM�]]i6pr]3LWe1n 1� BOOK Xl/ PAGE L3 RECEIVE OCT 0 4 2016 DCM- MHD q (M) "6Cfow Items" memo those items that are described in Section 3. (N) "MboBaneoua Proceeds" means my mmpensation, settlement, award of damages, m proceeds paid by my third party (other than insurance proceeds paid under the coverages decribed in Sauce 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other tatting of all or my part of the Property; (iii) conveyance in lira of ecr derrmation; or (iv) miarepromtstions of, or omieeiom as to, the value and/or condition of the Property. (0) "Mortgage Insurance" means insurance protecting Louder against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" mans the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) my amounts under Swim 3 of this Security Instrument. (0) "RESPA" weans the Rol Estate Settlement Procedures Act (12 U.S.C. Section 2601 ex seq.) and its implementing regulation, Regulation X (12 C.P.R. Part 1024), as they might be amended from time to time, or my additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage tom" even if the Loan does no qualify as a "federally related mortgage loan" under RESPA. (It) "Successor In Irnarast of Borrower" means my patty that has taken title to the Property, whether or act that Perry has assumed Borrowers obligations under the Note and/or this Security instrument. Transfer of Flights In the Property The beneficiary of this Security Instrument is MESS (solely as nominee for Linder and Leader's suaeeems and assigns) and the successors and assigns of MERS. This Security Instrument samo to Lender: (i) the repayment of the Loan, and all renewals, otandoes and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower trravoobly grmu and conveys to Trustee and Trustec'a successors and assigns, in trust, with power of sale, the following described property located in the County of Carteret (Type of Recording JYN.sdicdoa) (Name ofRecording Jurisdiction). eenaseeec osansav vu,6 e1Y&tea FWnAY�iNeMwTWaNi WIfdM NbrRlYern WRN Y96 yyrea�Na 3I,M] Oel was. qwi RraW EWkw 4)T I'iLGLI V OCT 0 4 2016 BOOK /Si3 PAGE �3`✓ DCM- MHn r ITT a Parcel ID Number. 73161O379317OOO 731606379537 which currently has the address of 120 Goodwin Lamp Ln (Sneer) Beaufort (City), North Carolina 20516 (Zip Code) ("Property Address"): TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtermees, and futures now or hereafter a pan of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security dnammunt, but, if necessary to comply with law or custom, MERE (as nominee for Leader and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower is lawfully wised of the estate hereby conveyed and has the right to grant and convey, the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combine uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrmnent covering real property. UnIform Covenants. Bortowor and Lender covenant and agree as follows: 1. Payment a1 Principal, Interest, Escrow Items, Prepayment Charge% and late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and my prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Sermon 3. Payments due order the Note and his Security Instrument shall be made in U. S. currency. However, if my check or other instrument received by Leader as payment under the Note or this Security Instrument is returned to Lender unpaid, Leader may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms, so selected by Lender: (a) cash; (b) money order; (c) certified check bank check, Dreamer' a check or cashier's check, provided my such check is drawn upon an institution whose deposits me insured by a federal agency, instrumentality, or amity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Leader may return eery payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower beremder pursuant to Section 22 the Leader may accept my payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Leader is at obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date, then Leader need not pay internal on unapplied fonds. Leader may hold such mapplied funds mtil Borrower vsesres2eee sM222m, uama°itM wRe nn.ne un.41n,4 BOOK 15-13 PAGE -? 3 Y 4 makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lander shall either apply such funds or return them to Borrower. If not applied earlier, such fiends will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Leader shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applica ton of Payments or Proceeds. Except as otherwise described in this Section 3, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (e) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fins, to Imo charges, second to eery other amounts due under this Security Instrument, and than to reduce the principal balance of the Note. If Lmda receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay my late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply my payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment errs be paid in full. To the extent that my excess exists after the payment is applied to the full payment of one or more Periodic Payments, such access may be applied to any late charges due. Voluntary prepayments shall be applied four to my prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due ands, the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrax (lame. Borrower shall pay to Leader on the day Periodic Payments ere due under the Note, until the Note is Paid in full, a sum (the "Funds") to provide for payment of amounts due far: (a) "a and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrmce on the Property; (b) leasehold payments or ground recta on the Property, if any; (c) premiums for my and all insurance required by Lmder under Section 5; and (d) Mortgage Imurma premiums, if my, or my sums payable by Borrower to Lender in lim of the payment of Mortgage Insurmce premiums in accordance with the provisions of Section 10. These it., are called "Escrow Items." At origination or at my 6. during the tam of the loan, Lender may, require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lander all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow It. unless Leader waives Borrower's obligation to pay the Funds for my or all Escrow Items. Lander may waive Borrower' a obligation to pay to Lender Funds for my or all Escrow Items at my time Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for my Escrow Items for which payment of Funds has been waived by Lender and, if Lender require, shall famish to Lender receipts evidencing such payment within such time period as Leader may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covmmt and agreement" is used m Section 9. If Borrower is obligated to pay Escrow Item, directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender easy exercise its rights vups�aen... Is, rooxaassm RECEIVED `s a.nre,AN4Fryr..+. iroern.ea.uruniwrw rarniuorrwm� uses. s... .M, coal.. n,.w.r�nea sauna. �e,' OCT 04216 BOOK PAGE any DCM- MHD CITY NJ under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Lender may revoke the waiver as to my or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Louder all Finds, and in such amounts, that no than required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Fonds at the time specified nnder RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Linda shall estimate the amount of Funds due on the basis of current data and reasonable estimate of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Fonds shall be held I. en institution whose deposits are insured by a federal agency, immorwntality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Linder shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Burrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrow" any interest or earnings on the Funds. Borrower and Leader can agree in writing, however, that interest shall be paid on the Fonds. Lends shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, m defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Burrower shall pay to Linda the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrow" w required by RESPA, and Borrows shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no mine than 12 moodily payments. Upon payment in full of all sums secured by this Security Instrument, Lander shall promptly refund to Burrower any Funds held by Lender. 4. Charges; Linos. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security hutrument, leasehold payments or ground rents on the Property, if any, and Community Association Dom, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrow" shall pay them in the ..avow provided in Section 3. Borrower shall promptly discharge my lien which has priority ova this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation scouted by the lien in a manna acceptable to Leader, but only so long in Borrower is performing such agreement; (b) contests the Bea in good faith by, or defends against enforcement of the lien in, legal proceedings which in Linda' a opinion upaate to prevent the enforcement of the It= while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lander subordinating the lien to this Security Instrument. If Lender eaneaease �mA�mr��rjs.zt VMP®�Ibe SytlemeM1 IlYi a MWnN]Ie Mae UMWPI evnsiono wnHMM Vld.., Is. NUa Wtllm.—Slardiae',. A1T^Td<I EI BOOK IS 13 PAGE Pay Cf daaminm that my part of the Property is subject to a lien which can attain priority over this Security Instrument, Lander may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Bortowa shall satisfy the lino or take one or more of the actions set forth above in this Section 4. Lander may require Borrowers to pay a me -time charge for a real estate tax verification mdbur reporting service used by bender m connection with this 1,use. Property Inwrence. Borrower shall keep the improvements now existing or hereafter ceded on the Property insured against Ion by fire, hazards included within the tam "extended coverage," and my other hazards including, but not limited to, nutbquakes and floods, for which Leader requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences con change during the tam of the Lom. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower' a choice, which right shall not be exercised unreasonably. Lander may require Borrower to pay, in comectioa with this Loan, either: (a) a one-time charge for flood was determination, ttvlificatim and tracking services; or (b) a matime charge for flood zone determination and certification services and subsequent chargca each time remappings or similar changes occur which reasonably might affect such determination or catificatim. Borrower shall Mae be responsible for the payment of my fees imposed by the Federal Emergency Management Agenry in comeaion with the review of my flood was determination resulting from an abjection by Borrower. If Borrower fail, to maintain my of the coverages described above, Lender may obtain insurance coverage, at Leader' a option and Borrower's suspense. Lender is mder no obligation to purchase my partimlar type or amount of coverage. Therefore, such coverage shall cover Leader, but might or might net protect Borrower. Borrower's equity in the Property, or the contents of the Property, against my risk, hazed on liability and might provide greater or lease coverage then was pravimsly in effect Borrower acknowledge that the was of the insurance coverage so obtained might significantly exceed the cast of insurance that Borrower could have obtained. Any amounts disbursed by Lmda order this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These anima s shall bear intact at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender In, Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shall more Lmda as mortgagee and/or as an additional loss payee Lender shall have the right to hold the policies and renewal certificates. If Lmda requires, Borrower shall promptly give to Lander ell receipts of paid premitmis and renewal notices. If Borrower obtains my form of insurance coverage, not otherwise required by Leader, for dmvge to, or destructim of, the Property, such policy shall include a standard mortgage clause and shall name Leader as mortgagee and/or as an additional loss payee. In the event of Ion, Burrower shall give prompt notice to the insurance terrier and Lmda. Lender may make proof of loss if not made promptly by Borrower. Uniras Lender and Bortowa otherwise agree in writing, my insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Properly, if the resmntion or repair is economically feasible and Lender's security is not lessmad. During such repair and restmation period, Lender shall have the right to hold such insurance proceeds until Leader has had an eneseeea moa]zs¢] NJarHGKUMS,AM rmYYlYweMWFYWe Yet: UNIRDRu Mo.. wnHMBB FYm ]a]r 1Nt1 YW w- �i rmmaea NvkY VYIEMNLI I]d i BOOK/�/' PAGE� RECEIVED OCT 0 A M6 DCM- MHp CITY opportunity to inspect such Property to ®sure the work hu been completed to Linda s satisfaction, provided that such inspection shall be undertaken promptly. Linda may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments ae the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fece for public adjusters, or other third parties, retained by BOrtower sball not be paid out of the insurance proceeds and shell be the sole obligation of Borrower If the restoration or repair is not economically feasible or Lender' a security would be lessened, the insurance proceeds shall be applied to the same secured by this Security Instrument, whether or not then due, with the recess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may Bls, negotiate and settle my available insurance claim and related mattes. If Borrower does am respond within 30 days to a notice from Louder that the insurance carrier has offered to settle a claim, then Louder may negotiate and settle the claim. The 30-day period will begin when the notice is given. In eitherevent, or if Lenderacquires the Property under Section 22 or otherwise, Borrower touchy assigns to Leader (a) Borrower's rights to any insurance proceeds in an remant not to exceed the amounts unpaid under the Note or this Security Inamumout, and (b) my other of Borrower's rights (ether than the right to my refund of weaned premiums paid by Borrower) under all insurance policies covering the Property, insafm u such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair a rearms the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not than due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower' a principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower' a principal residence for at least one year after the date of oceupancy, unless Linder otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Bonower' a control. 7. Preservalbn, M elMenanee and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Burrower is residing in the Property, Borrower shall maintain the Properly in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurmm or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or resturing the Property only if Leader has released proceeds for such purposes. Lander may disburse proceeds for the repairs and restoration in a single payment or in a series of pragrore payments u the work is completed. If the insurance or condmmation proceeds are not sufficient m repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Leader or its agent may make reasonable ounce upon and impections ofthe Property. Ifit hu reasonable cause, Lender may inspect the interior of the improvements an the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable coma eenasaees uamr'osa ICerXGIUlIN 99ar�naafwY Yae'AWaMY VfM11XerR1YBR WrtX Mee fmn>p„r�r1 VYN d WYlaee� MWitlafivkY rNr4Ge RECEIVE BOOK LS/3 PAGE a3_ OCT 0 4 2016 DCM- MHD g1TY a e. Bonsewers Loan Application. Borrower shall be in default if, timing the Loan application process, Borrower or my persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Leader (or failed to provide Lender with material information) in connection with the Lam. Material representations include, but no not limited to, representations concerning Borrower's Occupancy of the Property as Borrower's principal residence. 9. Protection of Landers Interest In the Property and fOghts Under this Security Instrument. If (a) Borrower fails to perform the covenants and afire sumts contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of alien which may attain priority over this Security Instrument or to rafmce laws or regulations), or (c) Burrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender' a interen in the Property and rights ander this Security Instrument, including protecting and/or assessing the value Of the Property, and securing and/or repairing the Property. Lender's actions can include, but no not limited to: (a) paying any sums seemed by a lien which has priority ova this Security Instrument; (b) appealing in court; and (a) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a barduuptcy, proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities owed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not coda any duty Or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized ander this Section 9. Any amounts disbursed by Lender undo this Section 9 shall become additional debt Of Borrower secured by this Security Instrument. 7hme ¢mounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lander agrees to the merger in writing. 10. Mortgage Insurance. If Larder required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender causes to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designatod payments that were due when the insurance coverage ceased to be in effect. Leader will accept, use and retain these payments as a non-refundable loss reserve, if permitted ander Applicable Law, in lieu of Mmlgage Insurance. Such ass rases.. raaxxxsm N GVIXN [. rsnwyf eMe eKe Mac Wrons WTMAnan a0i Nab r 9a9(r IMl1 vMP6M. ya aPirN9ar+ka VMiOaItL�a�J 1xA BOOK 1AGE a3 y 61 loss ..servo shall be Hors-refl ndsble, notwithstanding the fact that the Loan is ultimately paid in fall, and Lender shall not be required to pay Borrower any interest or earnings an ouch lass reserve, if permitted under Applicable Law. Larder can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an I. selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage insurance. If Lender required Mortgage Insmnuce as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Laurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted order Applicable Law, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with my written agreement between Borrower and Lender providing for such termination or will termination is required by Applicable Law. Nothing in this Section 10 effects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance roimburses Lender (or my entity that purchases the Note) for certain losses it may incur if Borrower does not May the Loan as agreed. Borrower is not a party to the Mortgage Insurmce. Mortgage insurers evaluate their total risk on all such iusmmce, in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) in these agreements. These agreements may require the mortgage insurer to make payments using my screw of foods that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, say purchaser of the Note, mother insurer, my reinswer, my other amity, or my affiliate of my of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in eachmge for sharing or modifying the mortgage names'a risk, or reducing bases. If such agreement provides that an affiliate of Lender takes a share ofthe insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is otle s termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Luau. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower ro any refund. (b) Any such agreements will not affect the right, Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. ..".a ram33593f 1AXfX CFa%IIUSnpl ranAYFava Mu'fl�laeMs llW MlaSi151Mmr W1111 M9S lure SaN1(IN_I1 Wtlln� H�dtl 6mlcs VNiaq(w1tIJ 19 BOOK 1S13 PAGE a� C4 f d . Assignment of M Iscellaneous Proceeds; FOrfeltHre. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lander. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is monomically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Leader may pay for the repairs and realomtioa in a single disbursement or in a series of progress payments as the work is completed. [)Ness an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eminge on such Miscellaneous Proceeds. If the restoration or repair is not acovomically feasible or Landes's security would be beamed, the Miscellaneous Proceeds shall be applied on the sums seemed by this Security Instrument, whether or not then due, with the aces,, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the went of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not than due, with the excess, if my, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater then the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Laden otherwise agree in writing, the stuns secured by this Security Instrument shall he reduced by the mount of the Miscellaneous Proceeds multiplied by the following fraction; (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balmm shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Prop" immediately before the partial taking, destruction, or loss in value is less than the mount of the more, secured immediately before the partial taking, destruction, or loss in value, unless Borrows and Land= otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are than due. If the Property is abandoned by Borrower, or if, after notice by Leader to Borrower that the Opposing Party (m defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days after the date the notice is given, Lander is suthoriad to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrumenl, whether or am than due. 'Opposing Party" means the thud party that owes Borrowu Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if my action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfainam of the Property or other material impairment of Lmdtt's interest in the Property or rights under this Security Instrument. Borrower can cure such a eene,eee, Voss` M 6MaarvmMY ^HHWFSMNHc wWan Nr�a Plane's Barb coo„aaea vuwaa¢aias P 77H'I RECEIVED BOOK D? PAGE 03y OCT 0 4 20 DCM- MHD C default and, if mceleraion has occurred, reinstate a provided in Section 19, by musing the action or proceeding to be dismissed with a ruling that, in Leader's judgment, proeludes forfeiture of the Property or other material impairment of Lender's internal in the Property, or rights coda this Security Instrument. The proceeds of my award or claim for damages that arm attributable to the impairment of Linda's interest in the Property are hereby assigned and shall be paid to Leader. All Mismllaneoa Proceeds that ere not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Bnrrowar Not Released; Forbearance By Larder Not a W alver. Extension of the time for payment ce modification of amortization of the sums seemed by this Security Instrument granted by Leader to Borrower or my Successor in Interest of Borrower shall not operate to release the liability of Borrower or my Successors in Interest of Borrower. Lender shall not be required to commence proceedings against my Successor in Interest of Borrower cr to refuse to extend time for payment or otherwise modify amertiention of the sums secured by this Security Instrument by re a on of my demand made by the original Borrower or my Successors in Interest of Burrower. Any forbearance by Lender in exercising my right or remedy including, without limitation, Lendeea acceptance of payments from third persons, mtitia or Successors in Interest of Boaower or in amounts lens than the amount than due, shall not be a waiver of or preclude the exercise of any right or remdy. 13. Jolyd and Several Llabilky; Coclgnera; Sumasacora and Assigns Bound. Borrower covenants and agents that Borrower's obligations and liability shall be joint and several. However, my Borrower who co-signs this Security Instrument but does nor execute the Note (a "co-sigmar"): (a) is co-signing this Security Ivatnemeat only to mortgage, grant and convey the co -signal a interest in the Property under the tams of this Security Instrument; (b) is not personally obligated to pay the sums, sawed by this Security Immanent; nt; and (c) agrees that Lender and my other Borrower cm egret to extend, modify, fmbeer or make my accommodations with regard to the tams of this Security Instrument or the Note without the co-sigmer's commL Subject to the provisions of Section 18, my Successor in Interest of Borrower who assume Borrower's obligations under this Security Instrument in writing, and is approved by Leader, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower' a obligations and liability under this Security Instrument uNas Linda agrees to such release in writing. The covenants and agreements of this Sanity Instrument shall bind (except a provided in Section 20) and benefit the successors and assigns of Linda. 14. Loan Charges. Leader may charge Borrower- foes for services performed in connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument, including, but net limited to, attorneys' fees, property inspection and valuation fora. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fa to Borrower shall not be construed es a prohibition on the charging of such fa. Linda may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Lan is subject to a law which ads maximum lom charges, and that law is finally interpreted so that the interest or other loan charges collated or to be collected in connection with the Lou moved the permitted limits, dim; (a) my such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) my sums already collected from Borrower which 0lnsaaeeo looinsal NalluplIXyN}{NfmWSniNu/RHerus WMpNNSrlaaen cotes use farm 3.1111., Wa��aame/Sulu VM pY 11etl 1r! RECEIVE OCT 0 4 2016 BOOK 1S3 PAGE a3Y DCM- MHD TA exc«dd permitted limits will be refunded to Borrower. Leader may choose to make this refund by reducing the principal and under the Note or by malting a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without my prepayment charge (whether or not a prepayment charge is provided for undo the Note). Bortma's acceptance of my such refund made by direct payment to Burrower will muslitute a waiver of my right of action Borrower might have arising out of such overcharge. 15. Notims. All notices given by Borrower or Leader in correction with this Security Instrument must be in writing. Any notice to Borrower in connection with this Smurity Instrument shall be deemed to have been given to Borrower when mailed by first class mail or whin actually delivered to Borrower's notice address if seat by other means. Notice to my me Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrow" has designated a substitute notice address by notice to Leader. Borrower shell promptly notify Linda of Borrower's change of address. If Lender specifies a procedure for reporting Borrower' a change of address, than Borrower shall only Mon a change of address through that specified procedure There may be only one designated notice address mder this Security Instrument at my one time. Any notice to Lender shall be given by delivering it or by mailing it by first class Dail to Lender's address stated herein unless Leader has designated mother address by aoice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lerida until actually received by Lander. If my notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requiraaeat order this Security Instrument. 16. Csoverning Law; Savembllky; Rules of Constsuctlon. This Security Instrument shall be governed by federal law and the law of the j undiction in which the Property is locate. All rights and obligations contained in this Security Irutrummt are subject to my requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly Blow, the parties to agree by contract or it might be silent, but such silma shall not be committed as a prohibition against agreement by contract. In the event that my provisim or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be givm effect without the conflicting provision. As used in this Security Instrument (a) words of the masculine gander shall mean and include corresponding Beata words or words of the feminlne geade ; (b) wends in the singular shall mean and include the plural and vim versa; and (c) the wind "may" gives sole discretion without my obligation to take my action. 17. Borrowees Copy. Borrower shall be given we copy of the Note and of this Security Instrument. 18. Transfer of the Property or a BeWiclal Interest In Borrower. As used in this Section IS, "Intermt in the Property" meets my legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a limit for deed, contract for dad, instalment gala contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future time to a purchaser. If all or my part of the Property or my Interest in the Property is sold in traosfend (or if Borrower is not a oatmal parson and a beneficial interest in Borrower is sold or trasafend) without Lmder'a prior wrinm consent, Linder may Move immediate payment in full of all soma secured by this aeneseees roonrasa+ ^'1 VeIveM ^�mlM�.w.MrF.Wrue uxVatl �xargMl @rt wrtx Miles cam.. w".. nMaa s..in rem Mar trot vx j�rti �% ■�/_ n�a. e..( • ` OCT 0 4 B00ILLPAGE O3y pCM- M 1C 16 iD CITY 6 Security Instrument. However, this option shall not be exemised by Lander if such exercise is prohibited by Applicable Law. If Linda exercises this option, Lander shell give Borrower notice of uceleation. The notice shall provide a period of not was then 30 days from the date the notice is given in accordance with Section 15 within which Borrows must pay W sums secured by this Security hutruesant. If Burrower fails to pay these sums prim to the capitation of this period, Lmds may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrewafa Right to Reinstate After Aeeelerallon. if Borrows meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrumml discontinued a any time prior to the earlier of. (a) five days before sale of the Property pursuant to my power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions se that Borrower (a) pays Landes all some which than would be due under this Security Instrument and the Note a if no acceleration bad occurred; (b) curs my default of any other wvenmts or agreements; (e) pays all miumses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attomrys' fast, property inspection and valuation fee, and other fact incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Leader may reasonably require to aurae that Lender's interest in the Property and rights under this Security Instrument, and Borrower' a obligation to pay the sums secnred by this Security Instrument, shall continue unchanged. Lender may requre that Borrower pay such reinstatement suns and exp.. iv one or more of the following fours, as selected by Lends: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or call ices check, provided my such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Foods Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shag remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the cue of acceleration under Section I B. 20. Sale of Note; Change of Loan 9ervlear; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more time without prior notice to Borrower. A sale might result in a change in the amity (known u the "Low Savior") that collects Periodic Payments due ender the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Imoument, and Applicable Law. There also might be ore or more changes of the Loan Swiss unrelated to a We of the Note. If there is a change of the Loan Savior, Borrower will be given written nonce of the change which will state the name and address of the vow Loan Services, the address to which payments should be made and my other information RESPA requires in connection with a notice of transfer of servicing. If the Nate is sold and thereafter the Lon is serviced by a Low Service other than the purchases of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transfmed to a successor Loan Sarviw and we nor assumed by the Note purchaser unless otherwise provided by the Note purchase. Neither Borrower nor Lends may commence, join, or be joined to my judicial action (as either an individual litigant or the member of a clue) that ariw from the other pany's actions pursuant to this Security Immument or that alleges that the other party has breached my provision of, or my duty eevnsees rwrnsat WP:V�iIXIWmimNlwrN Y-'FWaY-LLVrpw lXaIIVYBR Wm1Yra rvm M1N 1A1 WeYn aa�a RvtlY aa"4 y� gy�l�td 1� BOOK S l3 PAGE U'l aas RECEO rED OCT 0 4 016 DCM- MH CITY 0 owed by reason of, this Security Instrument, at it such Bmrower or Leader has notified the other party (with such nation given in compliance with the requirements of Section 15) of such alleged branch and afforded the othcr party hereto a reasonable period after the giving of such notice to take corrmtive action. If Applicable law provides a time period which must elapse before certain urion can be taken, that time period will be darned to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cum given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower Pursuant to section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Station 20. 21. Hazardous SubstanCM As used in this Section 21: (a) "Harardous Substances" are those calu mces defined as toxic or hazardous substances, pollutants, or wastes by Enviromssental Law and the fallowing substances: gasoline, kerosine, other Bsm sable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes my response maim, remedial nation, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition then can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or pemdt the mesance, use, disposal, storage, or release of my Hawdous Substances, or threaten to release my Hazardous Substances, on or in the Property. Borrower shall not do, net allow anyone else to do, anything affecting the Property (a) thin is in violation of my Environmental Law, (b) which minim m Environmental Condition, or (c) which, den to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage an the Property of small quantities of Ha andous Substances than we generally recognized to be appropriate to normal residential uses and to maintensoce of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Leader written notice of (a) my investigation, claim, demand, lawsuit or other action by my governmental or regulatory agency or private parry involving the Property and my Hazardous Substance or Envirwmtintal Law of which Borrower has actual knowledge, (b) my Environmental Condition, including but not limited to, my spilling, linking, discharge, release or threat of release of my Hasmdom Substance, and (c) my condition caused by the presence, use or release of a Hazardous Substance which adversely aff cts the value of the Property. if Borrower lesson, or is notified by my governmental or regulatory authority, or my private party, than my removal or aher remediation of my Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create my obligation on Land= for an EnvGomoental Cleanup. Non-UNlorm Covanatds. Borrower and Leader further covenant and agree as follows 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shell specify: (a) the default; (b) the action required to cure the default; (c) a date, not Ins than 70 days from the date the notice is given to Borrower, by which the default must be cured; and eeneseees resccase21 Naar f LlM 4rpapnlly£pM MWFrItla Ms INTUi1 ima1MBR. M. rpm neat I., wm� lam.. cop=„1RECEIVED OCT 0 4 7M BOOK 1 S13 PAGE 1 DCM- MM® CIr (d) that failure to cure the default on or before the date specified in the wore may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The ootice shall further Inform Borrower of the right to reinstate after acceleration and the right to auger In the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default ft not cured on or before the due specified in the notice, Lender at Its option may require Immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred b purming the remedies provided In this Section 22, including, but not limited to, reasonable attomeyi fees and costs of title evidence. If Leader tavoit. the power of sale, and if it Is determined in a hearing held in ucordmce with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other perrom as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the blghut bidder at the ttme and place and under the terms designated in the under of gale In our or more parcels and to any order Trustee determines. Lender or Its desigum may purchase the Property at soy sale. Tru itce shalt deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recital. in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the gale in the following order: (a) to all expenses of the sale, Including, but not limited to, Trustee's fees of 5.000 %of the gross sale price (b) to all sums secured by this Security Instrument and (c) any excm to the person or persons legally eadtled to It. The interest rate set forth in the Note shall apply whether before or after my judgment on the Indebtedness evidenced by the Nate. 23. Reba". Upon payment of all sums secured by this Severity Instrument Lender or Trustee shall canal this Security Instrument. If Trustee is requested to release this Security Instrument all notes evidencing debt seemed by this Security Instrument shell be surrendered to Trustee. Borrower shall pay my recordation casts. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trust". Lender may from time to time remove Trustee and appoint a succusor trust= to my Trustee appointed hereunder by an instrument retarded in the county in which line Security Instrument is recorded. Without conveyance of the Property, the successor trust= shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fa". Attorneys' fen most be reasonable. eenseeIs. rooernset � ra.Mrr�.w urwm caw Leave earwnew wen use wN's.'it vue. p 09""t ECEIVE OCT 0 4 2016 BOOK s/3 PAGES DCM- MHD C a BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terror contained in this Security Imtrnmmt and in my Rider executed by Borrower and recorded with it. ZXNif� �• 6(iN..�/h. (S-0 Elbert ■ Operas Jr -Borrower (seal) -Borrower Refer to the attached Sigaarure Addendum for additional parties and sigoarw "",.see,. raonaseat vM�r�IrNe rwwlyJfvMY lifts Yn6 VIIgNrC1N111]]1 eral�Awe RyW Yr4v qOr 11�l r/ RECE BOOK -L-3PAGE a3 ) OCT 0 4 2016 DCM- MHD C G Acknowledgment State of A/C Couo of I, 'dadQ ---7 , a notary public, do hereby certify that E I Bert ■ Owens Jr personally appeared before me this day and aclm veledged the due execution of the foregoing instrument. Witness my hand and official stamp orseal on Mycmnaussion "Piro: J-a3-a4vIq Lan origination organization Branca Bank l rig and Trust Company NMLS ID 399803 Loanoriginator Evette Carpenter NMLS ID 113010 eenereen �B� ��rymMyFNYeMMFSYM�M�UIWMI INHraMfM WITXN96 Wdl� aw�al.aa ewvlu BOOK 03 PAGE mmseaa NYR/e3e 304 l MI not• it a Il RECEIVE OCT 0 4 2016 CCI I- MHO CI Exhibit "A" Beginning at a point (herein "POINT OF BEGINNING) on the southern right of way of NCSR 1310 (Lennoxville Road), said POINT OF BEGINNING being described as being the following courses and distances from where the centerline of NCSR 1386 would intersect with the centerline of NCSR 13I0 if extended: running from said point of intersection N 77- 26 W, 506.22 feet to a point; thence from said point, S 12-34 W, 30 feet to the POINT OF BEGINNING of the hereafter described parcel: from said POINT OF BEGINNING so described, runs thence S 77-26 E, 29.37 feet to a point in the center of Goodwin [.amp Lane; thence with the center of Goodwin Lamp Lane, S 06-33-15 W, 155.85 feet to a point; thence S 67-57-20 E, 10.43 feet to a point; thence S 14-27 W, 283.85 feet to a point in the highwater mark of Taylor's Creek; running thence with the highwater mark of Taylor's Creek N 77-13- 50 W, 95.4 feet to a point; thence leaving the highwater mark of Taylor's Creek, N 14-42-50 E, 83.26 feet to a point; thence N 18-12 E, 214.64 fat to a point; theube continuing N 18-12 E, 46.18 feet to a point; thence N 24-12 E, 99.35 feet to a point, the POINT OF BEGINNING. Courses and distances used herein are based upon that survey entitled "Survey for Elbert W. Owens, Jr. and Sharon B. Owens", dated February 20 & 23, 1998, as prepared by Powell Surveying Company, Beaufort, NC, a copy of which, for information purposes only, is attached hereto as Exhibit A. The description above is a unified composite description of the two contiguous parcel appearing on Exhibit A. It is the intent of this instrument to combine said two contiguous parcels into one parcel for subsequent purposes, including the assignment of a single tax parcel number. (Note: Sharon Barrett Owens has released all of right, title, and interest in and to the property described above by that quit claim deed she executed and which appears recorded in book 1513 , page 237_ , Carteret County Registry RECEIVE OCT 0 4 2016 ®®®K -PAGE,23 DCM- MHD Environmental Quality Carteret News Times PO Box 1679 Morehead City, NC 28557 PAT MCCRORY Governor DONALD R. VAN DER VAART ....._—'— - secretary BRAXTON DAVIS Director October 13, 2016 Re: Public Notice — Pensacola Yacht Club, Pelletier Creek Channel Entrance, Morehead City Dear Sir: Please publish the attached Notice in the 10/16/16 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, "er/(,,Aron Heather M. Styron Coastal Management Representative !'Nothing Compares."� State of North Carolina I Environmental duality 1601 Mail Service Center I Raleigh, North Cualina27699-1601 919-707-8600 I - -- - - _ - -NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources 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 submitted on 10/4/16. According to said application, Mr. Elbert Owens is proposing to excavate 433 cubic yards around his pier and slip areas along Taylors Creek in Beaufort, NC. A copy of the entire application may be examined or copied at the office of Heather Styron, 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 11/5/16, 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. PUBLISH ON: 10/16/16 ADJACENT RIPARIAN PROPERTY OWNER STATEMENT I hereby certify that I own property adjacent to & rt It i Ate"is 's properly located at (Name of Property Owner) n (Address, Lot, Icy Road, eye on TayInv s l ree in Ar'terg} ( nu yA, N.C. (Watery) (C4t rown and/or unty) The applicant has described to me, as shown below, the development proposed at the above. location. I have no objection to this proposal. I have objections to this proposal. . PndlWdual prong development must flll"ln description below or attach a site drawing) ad �.��S4id� ,Pier cixa D.0 - � t�re�e a.�'eo• � -- WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of Is' from my area of riparian access unless waived by me. (If you . wish to waive .the setback, you mustanitial the. appropriate blank below.), I do wish to waive. the 15, setback requirement. I do not wish to waive the 15' setback requirement. Owner Signature Pitntor Tjrpe Name -- MaAngAdd'ress hyiStap _ Telephone Number DateSEC OCT 0 4 2�16 D�M� ��1D CITY (Adjacent Property Owner Inf rmation) Signature � r.'1.►bL"i'� it �..I �ati)�v Y (Revised 611812012) ADJACENT RIPARIAN PROPERTY OWNER STATEMENT hereby certify that I own property adjacent to Dty--C ( ) iIJcrt S 's (Name of Property Owner) property located at n 1J (Address, Lot, lock Road, eyr.) on a �1n✓'S l .Jee i� inr r�{� " c.r r N.C. (Waterbody) (City/fown and/orCounty) The applicant has described to me, as shown below, the development proposed at the above location. I have no objection to this proposal. I have objections to this proposal. DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT (Individual pro�ojsing development must fill in description below or attach a site drawing) �{r a U I I a P Yo Posed are bqe o�r e -a• WAIVER SECTION understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the k, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) (Adjace Prop rty Owner In ormation) r Signature Print or Type Name Print or Type Name Mailing Address M 'tng Address City/State/Zip City/Stag Telephone Number E p� Telephone Number R 2s 9aS5--- -V3,;�49 Date 4 Date DCMw 01;A0 GY (Revised 611812012) () I I q,: L 5 NC Division of Coastal Management Major PermApplication Computer Sheet (11/012it 012 _ --- - . Applicant: Elbert Owens Date: 10/13/16 Project Site County Carteret Staff: HMS District: [_]Elizabeth City []Washington ®Morehead City ❑Wilmington Project Name: Elbert Owens excavation Date of initial application submittal (EX 11a12007); 1014116 Date application "received as complete" in the Field office; 611116 Permit Authorization: ❑CAMA ®Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ENo Photos Taken: Yes ❑ No® Setback Required (riparian): ❑Yes NNo Critical Habitat: ❑Yes NNo ❑Not Sure 15 foot waiver obtained: []Yes ENo Hazard Notification Returned: ❑Yes ENo SAV: []Yes ENo []Not Sure Shell Bottom: ❑Yes []No []Not Sure Temporary Impacts: EYes ❑No Sandbags: ❑Yes ❑No ❑ Not Sure Did the land use classification come from county LUP: [-]Yes ENo Mitigation Required (optional): []Yes ENo Moratorium Conditions: []Yes [-]No ❑NA Environmental Assessment Done: []Yes ENo ❑NA , SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) ❑ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cerdgrass (Spartina ❑ (SY) Salt reed grass (Spartina alternifiom) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus sp.) ❑ (TY) Cattail (Typha sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 N III(A) Private w/ D&F up to 1 acre; 3490 can ❑ III(D) Priv. public or comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - ❑ Major Modification to a CAMA Major permit ❑ IV Any development involving D&F of more $100 -$250 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- El IL Public or commercial/no dredge and/or fill $100 -$400 ❑ I. Private no dredge and/or fill - $250 ❑ Ill(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 P9C Division of Coastal Mgt. Application Computer Sheet, Page 2 of 3) Applicant: Elbert Owens Date:10/13/16. Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One 1 New Work ® Replace excavation Maint ❑ ❑ Y ON 65' 30' -7'nlw New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ® ❑ Y ® N New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Wortc ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N Applicant: Elbert Owens Date: 10/13/16 — - - ---•-- _ . _ _ _ . ____. - _ . Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found 10 your Habitat code sheet. ' Habitat Name DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tern impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or tem impacts FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow Bottom Dredge ® Fill ❑ Both ❑ Other ❑ 1,950 1,950 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ® Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ® Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Major Permit Fee Schedule Circle One ment Type Fee DCM % DWQ % on -commercial $250 100%($250) 0%($0) t that does not =filling lling orof any wetlandser areas Il. Public or commercial $400 100% ($400) 0% ($0) development that does not involve the filling or excavation of any wetlands or open water areas III. For Development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if , r D below a lies title). dvate,non- $250 100%($250) 0%($0) cc ercial development, if General Water Quality Certification No. 3490 (See attached can be applied lll(b). Public or $400 100% ($400) 0% ($0) commercial development, if General Water Quality Certification No. 3490 (See attached) can be applied lll(c). If General Water $400 60% ($240) 40% ($160) Quality Certification No. 3490 (See attached) could be applied, but DCM staff determined that additional review and written DW Q concurrence is needed because of concerns related to water quality or life General Water $400 60% ($240) 40% ($160) ertification No. ee attached) Pbe e a liedelopment that $475 60%($285) 40%($190) the filling and/or ion of more than one acre of wetlands nd/or open water areas . Major Modification to FExisting $250 100% ($250) 0% ($0) Major Permit Check # Amount $ Project DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Elbert W. Owens (new excavation within Taylors Creek) 2. LOCATION OF PROJECT SITE: 120 Goodwin Lamp Road, Beaufort, Carteret County Photo Index - 2006: 42-6406 R (16) LAT 34042'29.13 LON 76037'26.97 3. INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/12/16 Was Applicant Present —No 5. PROCESSING PROCEDURE: Application Received—10/4/16 Application Complete- 10/4/16 Office — Morehead City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Beaufort Land Classification from LUP — Low Density Residential with Conservation (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — none (F) Type of Structures: Existing — N/A Planned — new excavation within the slip areaRM E IV E D existing docking facility (G) Estimated Annual Rate of Erosion: N/A OCT 31 2016 Source — N/A 7. HABITAT DESCRIPTION: M (D) Total Area Disturbed: 1,950 ftz (E) Primary Nursery Area: No (F) Water Classification: SC Open: No DCM- MHD CITY 8. PROJECT SUMMARY: The applicant is proposing to excavate around the existing docking facility located at 120 Goodwin Lamp Road along Taylors Creek in Beaufort. 9. Narrative Description: The Elbert W. Owens, project is located at 120 Goodwin lamp road in Beaufort, Carteret County. The project area can be found by following Lennoxville Road until you are within the vicinity of Atlantic Veneer. Goodwin Lamp Road is approximately 200' east of the /I Field Investigation Elbert W. Owens Page 02 Atlantic Veneer property and located on the right side of Lennoxville Road. The applicant could not find documentation for previous dredging for this area of Taylors Creek. The water depths in the area to be excavated are an average of -l'nlw with a connecting water depth of -7' or greater. The Division of Water Resources classifies this area as SC Waters. This part of Taylors creek is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Town of Beaufort Land Use Plan certified in 2007 classifies this area as Low Density Residential with Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single-family homes to the east and the west of the project location. 10. Project Description: The applicant is proposing to excavate around the existing docking facility in order to reach a depth of-7'nlw, which per the applicant existed previously. The existing water depth within this area is an average of-1'NLW. The connecting water depths at the channel entrance are -7'NLW or greater. A total of approximately 433 cubic yards of material would be removed from the existing docking facility with an excavation area of 30' x 65'and would remain a minimum of 25' from the existing marsh edge. The final depth for the excavation would be -7' NLW. The excavation would be done by bucket to barge and taken offsite to a preapproved spoil location (the Morgan St site). 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 1,950 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. HEATHER STYRON Morehead City October 18, 2016 RECE VED OCT 31 2016 DCM- MHD CITY Major Permit Fee Schedule Circle One Development Type Fee DCM% DW4% I. Private, non-commercial $250 100% ($250) 0% ($0) development that does not involve the filling or excavation of any wetlands or open water areas II. Public or commercial $400 100% ($400) 0% ($0) development that does not involve the filling or ation of any wetlands an water areas or Development that es the filling and/or ation of up to 1 acre tlands and/or open r areas, determine if, r D below a lies. R dvate, non- $250 100%($250) 0%($0) ercial development,neral Water Qualityfication No. 3490 (Seehed can be a lied. Public or $400 100% ($400) 0% ($0) commercial development, if General Water Quality Certification No. 3490 (See ched can be a lied ). If General Water $400 60%($240) 40%($160) lity Certification No. 0 (See attached) could pplied, but DCM staff rmined that additional ew and wdtten DWQ currence is needed ause of concernsted to water quality or l aticlife'). If General Water $400 60%($240) 40%($160) lity Certification No. 0 (See attached)not be a liedDevelopment that $475 60%($285) 40%($190) lves the filling and/or avation of more than one acre of wetlands and/or open water areas V. Major Modification to $250 100% ($250) 0% ($0) Existing Major Permit Check # Amount OCT 31 2016 Project Name: DIM MHD CITY J AGM MPI 6 Elbert Owens 120 Goodwin Lamp Rd. Beaufort, N.C. 28516 August 30, 2016 a. The project will involve a barge mounted digger accessing the proper- ty by way of Taylor's Creek near Beaufort N.C. Contractor Eric Pake will remove approximately 433 cubic yards of sediment from the area of the floating dock and the shore side boat lift. There is no knowledge available showing that the area has been dredged before. This process will return the area to a depth of approximately 7 feet, as it had been historically, from it's current depth of one foot at mean low tide. The impacted area will stop 25 feet South of the existing marsh grass and 150 feet North of the center of Taylor's Creek, which is approximately 472 feet wide at this point and 20 feet deep in the channel. When com- pleted, use of the shore side lift will then again be possible at any tide. RECEIVED OCT 0 4 Z016 DCM- MHD CITY RECEIVF-) OCT 31 zoo; GEOLOGY 101 REPORT DCM- MHO ` 4 '`f 1 HIM MP-1 APPLICHION for MaJor Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT !. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name \betrt MI 1n1 • Last Name we Ns Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address R,�• 12t� Groodw�Al �Ow.C' PO Box City 73 r� Stat C. ZIP �-a51b Country US Phone No. 9i9 -1614-gozaet. FAX No. Street Address (if different from above) .. City State ZIP ` Email �l�`MQ\ 1 • C ovn ., pwe�sroo • 2. AgentlContractor information Business Name Er G �Ak e r. Co Y Y U :' K f Agent/ Contractor 1: First Nam` MI' -Last Name Y � Agent/ Contractor 2: First Name MI Last Name . Mailing Address PO Box City State ZIP L$5�v Phone No. 1 ZS2-�25 +74o w- Phone No. 2 ext. FAX No. Contractor # /n A,t lT\ Street Address (if different -from above) City State ZIP Email Le M Er%M OCT 31 2016 `,� j ' <Form continues on back> --r` DCM- MHD C ' Forpt DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) l.&yL itrEt- Street Address �` 1 L1a (�roljci�IrJ �Al^e a State Rd. # Subdivision Name A' IV - City )3ec.toczrl State Zip Z&S 1 Phone No. 41¢ -G 14 Lot No.(s) (if many, attach additional page with list) o�g ext. , , , a. In which NC river basin is the project located? NEASL b. Name of body of water nearest to proposed project 10. IJY S &eeV c. Is the water body identified in (b) above, natural or manmade? ❑Natural P110anmade ❑Unknown it. Name the closest major water body to the proposed project site. (Naac_� SOL(,h� e. Is proposed wo within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes o work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) - qo 3M00 SOA, c.. Size of individualiot(s) d. Approximate. elevation of tract above NHW (normal high water) or NWL (normal waterJevel) pp (Itmanylotsizes, please attach.addillonal page with. a list) ❑NHW or❑NWL it• e. Vegetation on tract C. C) aKl i �Y( SS RECEIVED I. Man-made features and uses now on tract S 1!✓�I f W% G - DCM- AIND CIT g. Identify and. describe the existing land uses adlacen to the proposed project site. S i NC I t c,Mt y f'10 M ES h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) Dices []No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes &to k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No MNA 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 property? Far.. <Form continues on next page> ';`S 1 2016 t, HD CITY D CITY I! Forrn DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? ., _ _ .. _.. _ as ❑No_ (if) Are there coastal wetlands on the site? 13 res ❑No (!if) If yes to either (i) or (if) above, has a delineation been conducted? ❑Yes BJo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. 9L+, oY— fiC rn o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. Y' LA^r Ok4 I % VePTOY0.tQa vn&vlr vOUNA .t�4 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ©PrfVate/Community b. Give a brief description of popose, ule, and daily operations of the project when complete. �r ca`ji"'� e�tiy'i,�' s1�� �i-o�C �ce55• 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. ()he b� 5e "rJ tAV%l e a etc eaJ gfio `� d. List all development activities you propose. I .. e. Are the proposed activities maintenance of an existing project, new work, or both? Ma,) emo0ne > I. What is the approximate total disturbed land area resulting from the proposed project? N O n F- ❑Sq.Ft or []Acres g. Will the proposed project encroach on any public easement,. public accessway or other area ❑Yes 2Ko []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No tti $ OCT 0 4 2016 I. Will, wastewater or stonnwater be discharged into a wetland? - oyes0fiMUN If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA j. Is there any mitigation proposed? []Yes ❑No 5216A If yes, attach a mitigation proposal. --I I ..� r. <Form continues on back> F(t(;tIVCv OCT 31 2016 DCM- MHD Flinn DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information in addition to this completed appifcatioh form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required Rams 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 at copy of the application and plats by certified mall. 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 w o-Re.1 W.—alloy, I Phone No. n C+ 25z-7L�2 Address -56gz ZS46 LenlllrbXVA1L ?A Sl VR A� 1"Ib Name Choo.4s W, TAJLoV tom\ rPhone No. Address 125 Cjoolwj i LAone \�0 \5&A4r Y� & �. 2-%su L52- 12g-�36�0 Name - Phone No. Address `g. A list of previous stale 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. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy 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. 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 statp 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 application is truthful to the best of my knowledge. Dale 41,1 �� �f 2� 6 Print Name 4 1bkft `TNSLO N F pit Signature Please indicate application attachments pertaining to your propo�sed project. ❑DCM MP-2 Excavation and Fill Information RECCse� 5 Bridges and CulvertsR IVE ❑DCM MP-3 Upland Development ❑DCM MP4 Structures Information OCT 31 2016 OCT 0 4 2016 DCM- MHD CITY DCM- MHD CITY { Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given In feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding Breakwater shoreline N W L) stabilization Length 5 r Width 30 Avg. Existing Depth NA NA Final Project Depth �� NA NA 3'EXCAVATION W a. mount of material to be excavated from below N W in cubic yards. N c. (i) Does(i) Does thexcavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW _ ❑SAV ❑SB _ ❑WL _ Wone (ii) Describe the purpose of the excavation in these areas: ❑This section not applicable b. of material to be excavated. rnud High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL 1 ❑This section not applicable a. Location of disposal area. c. (i) Do you claim title to disposal area? r []Yes (Jdo ❑NA (ii I o, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW ), submerged aquatic vegetation (SAV), shell bottom (se), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL O) Kone (ii) Describe the purpose of disposal in these areas: RECEIvED OCT 31 2ot6 b. Dimensions of disposal area. d. (I) Will a disposal area be available for future maintenance? []Yes ❑No 93MA (it) If yes, where? f. (i) Does the disposal include any area in the water? []Yes J 40 ❑NA (it) If yes, how much water area Is affected? OCT 0 4 Nils ncM- MHD Cl'�� RECEIVED AUG a 12016 3. SHORELINE STABILIZATION is section not applicable (If development is a wood groin, use MP-4 — Structures) a. Tvoe of shoreline stabilization: In I_ennth' ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _,___ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance waterxard of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill _ Riprap _ BreakwaterlSill_ Other_ I. Source of fill material. I. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No El NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES P31 is section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes [-]No ❑NA b. (1) Will fill material be placed in coastal wetlands/marsh (CW). If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill - 5. GENERAL submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (ii) Describe the purpose of the (ill in thee_ar p IT Y a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? No+'fro 17Q Kell+ or, SAL 6o.r5a v pliLAed Aims" c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes 01516 ❑NA site? []Yes Wo []NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. RECEivrEp 2016 $�3t 2.0 L- %&k-f W. Dw &1-milt) Date Applicant Name 120 A) LW p, kl�N -( Project Name Applicant Signature -4 -�7 t .............. V Ll OCT 31 2016 vj 014W DCM- MHD CITY 9 -�l A 71 �0-0?,Aj oft JaECE.-,VED WA4-TE-V, I OCT 0 4 2016 m HU) Cj-fy dwrAir. AREA-- 'kilo allvi -INOO AAD GHYY -VVOCI qtoz t 0 130 910, I s no C13A13038 C13AI3038 r—lo&KJ V wCr> �20 (Yodc1W IN 1,A'm f Za '3,r Aar -AT, �'C I % (y%d.lcAs-kES S6° AA Vru?ar%� CoY'I4EJKS W r.5 j cehN e(t 4'l 34NZ10.59"tA Fly°3`?'2h.16" W f.Ast CerwbR Act 34°42,'3oAck" r1 n6'n'2b.12. h) f &AA;A3 �vq., j WN'-l'ER L.-CAYL-off �voV601 �wN6- \- CAX?,L:L-5 W, C A(l oR RECEIVED OCT 31 2016 DCM- MHD CITY RE t-? o OCT 0 4 2016 C- M"D CITY o CAS, y r �. � y .4J, I i r W- Google earth I q NORTH CAROLINA, CARTERET COUNTY This instrument and this certificate we duly Mad at the date and time and In the Book and Page shown on the first page hereof JerN= Hardesty, Re isler o Oeds Br— �Y. ^Zy' yn wwh.apoa.a w.a. To: Jame, 1hcopson, Prepared By: Deed of Trust FOR REGI6JaOrrY01. garee0YOF DEEM Cer twet Counl W JUIy le. 206 11734 AN TRAVIS UIT 18 P FEE: 572.00 FILE I IM3234 MIN: 100159966178966890 DeOnkkarm Words used in multiple sections, of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 end 21. Certain rules regards g the uu, of words used In this doemheat ere also provided in Section 16. (A) "Security Irmtrurnent" mesas this document, which is dated July 2, 2015 , together with all Rldere t0 this document. (0) "Burree er' is Elbert S Owens Jr (Legally Separated) RECEIVED OCT 0 4 20166 Borrower is the trustor under this Securitys..a.,.....,r "Lander T Y DCM" M H D CITY (C) is Branch Banking and Trust Company Lender is a Corporat i on organized and existing under the laws of NORTH CAROL I NA emreseees 102 2a21 � � rsw tlenMW Fw..ws sex r+FOaFus wcwTrmwan wrmsree wwm wv we w BOOK /93 PAGE d `l Dq DECEIVED OCT 31 2016 DCM- MHD CITY I J Lender's address is 223 West Nash Street, Wilson, NC 27893 (C-1) The more of the Mortgage Broker is (D) "Trustee"is Jam i far Grant (E) "M FRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's wcceawrs and aseign. M RS is the beneficiary under this Security luslrumeaL MERS is crgmized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint. MI 49501-2026, tel. (888) 679-MERS. (F) "Note" mms the promissory note signed by Borrower and dated as of the dale hereof . The Note sbto that Borrower owes Lender One V i I I I on Forty Thousand And Zero/100 Dollars(U.S.$1,040,000.00 )plus interest- Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not law than August 01, 2046 (G) "property" muse the property that is described below under the heading "Transfer of Rights in the Property." (M) "Loan" muss the debt evidenced by the Note, plus interest, any Prepayment charges cod late charges due under the Note, and all rums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument drat are executed by Borrower. The following Rider are to be executed by Burrower [check box m applicable): ED Adjustable Rate Rider 00Condominium Rid. Sxwd Nome Rider Halmos Rid. Planned Unit Development Rider � 1� Family Rid. VA Rider H Biweekly Payment Rider LLII ()th.(s) (specify) (J) "Applicable Lew" muss all controlling applicable federal, state and local stemma regulations, ordinmoo and admisim tmo, rules and orders (that have the effect of law) as well o all applicable final, non-appealablejudicial opinion. (IL) "Community Asaselatlon Dates, Fees, and Assessments" mean all duo, feet, assesvmmu and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organiratimn W "BectroMc Funds Transfer" mms my transfer of fiends, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic inswmmt, comPut., or magnetic tape so as is order, instruct, or wthorize a financial inaliottion to debit or credit an account Such term includes, but is nor limited to, point -of -sale transfers, automated teller machine commission, transfers initiated by telephone, wire transfers, and _ automated clearinghouse trenefers. es eveeev rmszzsems aBmIY rdlrXflAlxN-aMrw,6JMY Y�wY4YV IMIVaI ...0aa Po. ree�'.lbl tuts anon Ayer. � lawitaird wan.s w.. a,w�w sneer BOOK X/? PAGE a3 � EC I'll OCT 0 4 2010 kEGEIVED OCT 31 2016 DCM- MHD CITY f (M) "Fawew Items" memos those items that are described in Section 3. (N) "M bCellartmeas Proceeds" means my compensation, atgement, award ofdamegra, or proceeds paid by any third party (other than insurance proads paid under the coverages described in Sating 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation w other taking of all or my part of the Property; (iii) conveyance in lieu of condenmeion; Or (iv) miarTresentations of, Or omiasiow as to, the value and/or condition of the Property. (0) "M engage Insurance" means insurance protecting Lender againg the nonpayment of, Or default on, the Loan. (P) "Perbdk Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (d) my amount; under Section 3 of this Security Instrument. (0) "RESPA" means the Real Estate Settlement Procedures Act (12 U. S.C. Section 2601 a seq.) and its implementing regulation, Regulation X (12 C. F. R. Part 1024), as they might be ammdd from time to time, or any additional or sutteasor legislation a regulation that govern; the same subject matter. As wed in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (R) "Suowmaor In Interest of Borrower mean any party the has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. Trarsafer of Rights in the Property The beneficiary, of this Security Instrument is MERS (solely as nominee for Linder and Leader's successors and eant as) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of the Lose, and all renewals, extawiow and modifications of the Nme; and (ii) the performance of Borrower'; covenants and agreements under this Security Instrument and the Note. For this purpose, Borrows irrevocably grants and conveys to Trustee and Trustee a successors and assigns, in truer, with power of sale, the following described property located in the County of Carteret (Type o(Recenheg Jurtsdummi) (Name oy)?ecardigg Jurudictlon), a+meeac rsosasess+ r�CRarX�LV�WimMrr,M M�FYY4s nranar MlalYerr WlMYfla VYga1Y')d+dad w111lalape Wattle Nvb �NaPP BOOK Jf" PAGE OCT 0 4 201 DCM- MHD RECEIVED OCT 31 2016 DCM- MHD CITY Pascal ID Number. 731510379317000 731506379537 which currently has the address of 120 Goodwin Lasap Ln (Sneer) Beaufort (City), North Carolina 28516 (Zip Code) ("Property, Addrees"): TO HAVE AND TO HOLD this property onto Trusts and Trustee's successors and assigns, forever, together with all the improvements now or haeaRa arected on the property, and all es em nts, appurtenances, and futures, now, or hereafter a pan of the property. All replacement and additions shall also be covered by this Security Instrument. AB of the foregoing is referred to in this Security Instrument a the "Property." Borrower anderetmds and agrees that MERS holds only legal tide to the interests granted by Borrower in this Security Insumsent, but, if necessary to comply with law or matters, MESS (a normaince for Lender and Landes' a successors and assigns) has the right: to exercise soy or all of those interests, including, but not limited m, the right to formlose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrows is lawfully seised of the east, hereby conveyed and has the right to grant and convey the Property and the the Property is unencumbered, except for encumbrances of record Barrows waaanu and will defend generally the title to the Property against all chum and demands, subject to my encumbrances of record. THIS SECURITY INSTRUMENT comb)mes uniform covenants for national use and von- uniform c ivaaenu with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and Lander covenant and agree as follows: Payment of Principal, Interest, heron Items, Prepayment Charges, and (ate Charges. Borrower shell pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Bartow. shell also pay f le& for Escrow Items pursuant to Section 3. Payments due =do the Note and this Security Instrument shall be made in U. S. curremey. However, if my check or other instrument received by Leader as payment under the Note or this Security Instrument is retuned to Leader unpaid. Lends may require that any or all subsequent payments due under the Note and this Sanity Instrument be made in me or mom of the following forms, as selected by Leader: (a) cash; (b) money order (c) certified check, bank ch.1; trassmer' a check or whine s check, provided my such check is drawn upon an institution whose deposits we insured by a federal agency, instrumentality, or entity; or (d) Electronic Fonda Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lmda may rectum my payment or partial payment if the payment or partial payments are insufficient to bring the Low current If Borrower has breached my covenant or agreement m this Security Instrument and Leader be weelecated the obligations of Borrower hereunder pursuant to Section 22 the Leader may accept any payment or partial payment muufgciam to bring the Loan current, without waiver of my rights heremda or prejudice to its right, to refuse such payment or partial payments in the future, but Leader is not obligated to apply such payments et the time such payments are accepted If each Periodic Payment is applied a of its scheduled due date, then Lander need not pay interest on mapplied funds. Leader may hold such uoapplied funds until Borrower a+seseees rosxxxs.xl ,dnX fNpRN W/ar.Yvrw. Y.Yn.ea.Y�uwaw Wxayell Wlnl YLln Pom]axe 1N1 w se. w°i.:iw e: s:.s. cure�sj1a 1�i BOOK 15-13 PAGE '? 3 y RECENED OCT 31 2016 pCM_ Wj) CITY makes payment to bring the Loan current. If Borrows does not do an within a reasonable period of time. Lender shall eitha apply such funds or return than to Bo msar. If not applied earlier, such funds will be applied to the outstanding principal balance order the Note immediately prior to foreclosure No offset or claim which Borrower might have now or in the future against Lander shall relieve Borrower from making pay ucrb due under the Nine and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except es otherwise described in this Section 2, all payments accepted and applied by Lands shall be applied in the following order of priority: (a) interest due undo the Note; (b) principal due under the NOW; (c) amounts den ender Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late chugs, second to my other amounts due under this Security Instrument, and than to reduce the principal balance of the Note. If Leader receives a payment from Borrower fen a delinquent Periodic Payment which includes a sufficient amount to pay my late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lerida may apply my payment received from Borrower to the repayment of the Periodic Payments if, and to the sateen that, each payment can be paid in full. To the extent that my excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied many late changes doe. Voluntary prepayments shall be applied Brst to my prepayment charges and than in described in the Note Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Now shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 7. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority ova this Security Instrument a a lim or encumbrance on the Property; (b) lausehold payments or ground rents on the Property, if any; (c) premium; for my and all insurance required by Lmda under Section 5; and (d) Mortgage Insurance premiums, if any, or my sums payable by Eortower to Lander in lim of the payment of Mortgage ]usurance premiums in accordance with the provisions of Section 10. These it. are, called "Escrow Items." At origination or at my time during the tam of the Loan, Leader may require that Community Association Dues, Fees, and Asaessmeats, if my, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Leader all notices of amounts to be paid under this Section. Borrower shall pay Lander the Foods for Escrow It. unless Lender waives Bonmweea obligation to pay the Funds for my or all Escrow Items. Lmda may waive Borrower' a obligation to pay to Leader Funds for my or all Escrow Items at my time Any such waiver may Only be in writing. In the event of such waiver, Borrows shall pay directly, whin and whine payable, the amounts due for my Escrow Items for which payment of Foods has berm waived by Lender and, if Lmda requires, shall fisrnish to Linda receipts evidencing such payment within such time period is Lander may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deared to be a covenant and agreement contained in this Security Instrument, as the phrase "coveamt and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Ito, Leader may exercise its rights eeneveeev r0 assert xauncuruxsa.ps rs„rr+Men u..xm.ui vuww w*wusrt wrrs use �a a..um _ _ zjt .�`.r'n:°,aiaswi.wa oo .isn'0�1 ;rq y�.q d E C E d apt.. E D OCT 04 z 16 BOOK PAGE DCM- under Section 9 and pay such amount and Borrower "I than be obligated under Section 9 to repay to Lander my such amount. Lender may revoke the waiver as to my or all Escrow Items at my time by a notice given in accsdmce with Section 15 and upon web revocatiow Borrows shall pay to Leader all Funds, and in such amounts, that are than required ands this Sectim 3. fada may, at my time, collect and hold Fonds in an amount (a) suffaciout to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender an require under RESPA. Lender shall estimate the amount of Foods due on the basis of current data and reasonable estimators of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Fonds shall be held in an institution whose deposits ire insured by a federal agency, instrumentality, or entity (including Lander, if Lender is as ustitution whose deposits are so insured) or in my Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest an the Funds and Applicable Law permits Louder to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower my interest or earnings on the Funds Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Larder shall give to Borrows, without charge, an annual accounting of the Funds u required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account te, Borrow. for the excea funds in meardevice with RESPA If there is a shortage of Funds held in arrow, as defined under RESPA, Lander shall notify Burrower a required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordancewith RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lmda shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the summer necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment tu full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower my Funds held by Lender. 4. Charpsas; Uwas. Borrower shall pay all taxes, uarasmm[s, charges, fines, and impositions attributable to the Property which can wain priority ova this Security Instrument, leasehold paymoub or ground rents on the Property, if my, and Community Association Dues, Fees, and Asseammts, if my. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge my lien which his priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lion in a manner acceptable to Lmda, but only w long at; Borrower is performing web agreement; (b) cement the lien in good faith by, or defends against eriforoemenl of the lim in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the Een while those proceedings are pending, but only until such proceedings us concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lion to this Security Instrument If Lender eeneveeev 70021U let uaaw dNS fa„sy ic,raY�Fatla YC VYaY amMMFM'MIIIYfIB rPomAna]aaL�NI IM, WmawaaacaRWaEarki IaPall xl BOOK is 13 PAGE a3% RECEIVED OCT 31 2016 DCM- MHD CITY determines that any part of [be Property is subject to slim which can attain priorityover this Security Itunument, I wise may give Borrower ...tiesidentifying the lice. Within 10 days of the date on which thin notice is given, Borrower &a➢ satisfy the lien or take me or more of the actions set forth above in this Swim 4. Lmder easy require Borrowar to pay a onetime charge for a real estate tax verification and/or reporting service used by Lander in connection with this Loma 5. Property Iruurartce. Borrower shall keep the improvements now sainting or hereafter erected on the Property insured against Ion by fire, boards included within the term *extended coverage," and my other hazards including, but not limited to, earthquakes and floods, for which Linder requires I.... This insurance shall be maintained in the amounts (including deductible Ievals) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentemes con change during the term of the Loan. The insurance carrier providing the inamance shall be chosen by Borrower subject to Lender' a right to disapprove Borrower'a choice, which right shall not be exercised unreasonably. Linder may tequim Borrower to pay, in wmeation with this Loin, either: (a) a matime charge for food zone determination, certification and tracking services; or (b) a metime charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such ddemdnation or certification. Borrow. shall also be responsible for the payment of my fees imposed by the Federal Emergency Management Agency in connection with the review of my flood zone determination resulting from an objection by Borrow.. If Borrower fails to maintain my of the coverages described above, Linder may obtain insurance coverage, at Lender's option and Borrowe's espeme. Leader is under no obligation to purchase my particular type or amount of coverage. Therefore, such coverage shall env. Lender, but might or might nor protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard m liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained ought significantly exceed the war of insurance that Borrower could have obtained. Any summers disbursed by Linder end. this Section 5 shall become additional debt of Borrower sawed by this Security Instrument These amounts shall bear interest at the Note rate from the data of disbursement and shall be payable, with such interest, upon notice from Leader to Burrower requesting payment. AB insurance policies required by Larder and renewals of such policies shall be subject to Lmdeea right to disapprove such policies, mall include a standard mortgage clause, and ahall name Leader as mortgagee and/or as an additional lose payee. Leader shall have the right to hold the policies and renewal tatificatu. ICLmdar requirea, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains my form of insurer. ..age, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage Is. and shall name Lender as mortgagee and/or as an additional loss pay. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lmdar. Lender may make proof of Ion if not made promptly by Borrower. Unless, Leader and Borrower otherwise agree in writing, my insurance proceeds, whether or not the underlying insurance was required by Lord., shall be applied W restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lesemed. During such repair and restoration period, Lmder shall have the right to hold such insurance proceeds until Lander has had an Wirtaeneseeas 7�o�No2L12s42t1 aayae,nrv-�w-xaYAWaYC WrW xnxMeR vmxxnB VxN Apt)J �< Wtlws aTnr Rvpa9rvks BOOK S/3 PAGE RECEIVED OCT 312016 DCM- MHD CITY OCT 0 4 2016 CCM- MHD CITY opportunity to irwpes such Property to insure the work her base completed to Lander'a satisfaction, provided that such inspection shall be undertaken promptly. Linda may daburm proceeds for the repairs and restoration in a single payment or in a series of progress payments u the weak is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid we such insurance proceeds, Linder shall not be required to pay Burrower my interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insmmu proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lends' a security would be lessened, the insurance proceeds shall be applied to the swu secured by this Security Instrument, whether ea net than due, with the excua, if any, paid to Be... Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lander may fikq negotiate and smile my available insurance claim and related matters. If Borrower does not respond within 30 days to a notice Bom Lender that the insurance carrier has offered to smile a claim, than Linda may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either evert, or if Lander acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Linder (a) Borrower's rights to my insurance proceeds in an amount not to exceed the soounts unpaid under the Note or this Serenity histrunert, and (b) my other of Borrows' a rights (other than the right to my refund of oriented premiums paid by Borrower) order all insurance policies covering the Property, insofar a such rights se applicable to the coverage of the Property. Linder may we the insurance proceeds either to repair or reatere the Property or to pay mamews unpaid under the Now or this Security Imtramerrt, whether or not than due. g. Occupancy. Borrows shall occupy, establish, and use the Property as Borrows' a principal residence within 60 days after the assertion of this Security Instrument and shall continue to oecopy the Property as Borrower's principal residence for at least one year efts the date of oocupmcy, unless Linda otherwise agrees in writing, which contact shell not be unseasonably withheld, a unless catenrating circumstances exist which are beyond Borrower's control. 7. Preservatlon, Maintenance and Protection of the Property; Inspections. Borrower "I not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrows shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is dsermined pursuant to Section 5 that repair or restoration is not economically feasible, Borrows shall promptly repair the Prop" if damaged to avoid further deterioration or damage If insurance or condemnation proceeds se paid in connection with damage to, or the tilting of, the Property, Borrower shall be responsible for repairing or teetering the Property only if Lender has released proceeds for such purpose. Louder may disburse proceeds fm the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or coadetmation Proceeds are not sufficient to repair or restore the Property, Borrows is not relieved of Borrower's obligation for the completion of such repair or resteaatim Lender or its agent may make reasonable outriu upon and inspections of the Property. If it has reasonable cause, Lender may impact the interim ofthe improvements on the Property. Linder shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable ranse. eeireN°aB°ro°uaas tunas. Im, �p.remrs..a. u.areexu�uawrxarwaserr rasa use rmssucot w 1oo �,': A�: a+te,aa vuwa cod aerial BOOK LS/3 PAGE a� OCT 0 4 Z DCM- MHO "'ECEIVED OCT 31 2016 DCM- MHD CITY S. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process. Borrower or soy Persons or entities acting at the direction of Borrows or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Leader with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrowee a occupancy of the Property as Borrower's principal residence. B. Protection of Lenrlees Interest In the Property and RgMs Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a Iim which may attain priority ova this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, than Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and saucing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any soma secured by a lion which has priority ova this Sanity Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights and= this Security Instrument, including its secured position in a bankruptcy proceeding. Sawing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities fumed on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under my duty or obligation to do so. It is agreed that Lender moue no liability for not taking any or all actions authorized Oder this Satin 9. Any amounts disbursed by Linder under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. Thee amounts shall bass interest at the Note rate from the daze of disbursement and shall be payable, with such interest, upon notice from Leader to Burrower requesting payruenL If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Leader agrees to the merger to writing. 10. M cartilage Insurance. If Leader required Mortgage Insurance as a condition of making the Lam. Borrows shall pay the premium; required to maintain the Mortgage Issuance in effect. If, for my reason. the Mortgage Invumce coverage required by Leader eau= to be available from the mortgage insurer that previously provided such insurmce and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage Iowa selected by Lender. If substantially equivalent Mortgage Insmance coverage is not available, Borrower ehaB continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Leader will accept, use and retain these payments as a non-refundable loss reserve, ifpermilted under Applicable Law, in lim of Mortgage Insurance. Such eeveveeav raaaaaeaa VM�PQ 9�aenaY'��anmlh�MeM�TietleMn UWCM NaiWMfM WRXMae VMA�"a ]]Ce]1ef]mf Wtl1�aWx� Rnnne Scales WeY tl 1� BOOK lAGE a� y Gf JvED OCT 31 2016 ���P MHD C1TY loss reserve shall be nun -refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Louda shall not be required to pay Borrower my interest or earnings on such loss reserve, if permitted under Applicable Law. Linder can no longer require lose reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an insurer selected by Linder again becomes available, is obtained, and Lander requires separately designated payments toward the prmuume for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrows shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non-refundable loss reserva, until Leader's requirement for Mortgage Insurance ends in accordance with my written agreanmt between Borrower and Lander providing for such termination a until termination is required by Applicable Law. Nothing in this Slater 10 afats Borrower' a obligation m pay interest at the rate provided in the Note. Mortgage Insurance reimburses Leader (a my amity that purchases the Note) fan certain bases it may incur if Borrower does not repay the Loan ea agreed. Borrower is not a party to the Mortgage In mince. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may inter into agreements with other parties that share a modify their risk, or reduce losses. 'these agreement are on tams and conditions that ane satisfactory to the mortgage insurer and the other party (or pulse) to these agreements. Three agreements may require the mortgage insurer to make payments using my source of funds that the mortgage mama may have available (which may include funds obtained from Mortgage human, premiums). As a result of these agreements, Louder, any purchaser of the Note, another insurer, my reinsurer, my other entity, or my affiliate of my of the foregoing, may receive (directly or indirectly) mounts that dative from (a might be characterized as) a portion of Borrower' a paymmms for Mortgage Insurance, in archange for sharing or modifying the mortgage insurer' a risk, or reducing losses. If such agreement provides that an affiliate of Leader takes a shme of the insurer'a risk in exchange for a share of the premiums paid to the insurer, the arrmgment is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will awe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These right. may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. SVWHNtlrlrreraee. v700222atrl pMMu4 memsenMnew Rm30]a 1101 MR1]cO9 BOOK PAGE_3 RECEWE;11 OCT 31 2016 DCM- MHD CITY 11. Assignment of M Iseallaoeous Proceeds; Fmfelturo. All Miscellaneous Proceeds we hereby assigned to and shall be paid to Lender. If the Properly is damaged, such Miscellaneous Proceeds shall be applied to restorer or repair of the Property, if the resmrazim or repair is economically feasible and Lander' a security is not lossmed. During such repair and restoration period, Leader shall have the right to hold such MiseNlaneous Proceeds until Leader has had an opportunity to inspect such Property to eosere, the work has been completed to Leader's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is wmplaa Unless an egrcurnert is it. in writing or Applicable Law requires inherent to be paid on such Mucellaowua Proceeds, Leader shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lammed, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Innwmmt, whether or not than due, with the eacme, if any, paid to Borrower. Such Miscellanmue Proceeds shall be applied in the order provided for in Session 2. In the event of a total taking, dentructioa, or loss ai value of the Property, the Miscellaneous Proceeds shall be applied to the suer secured by this Security Instrument, whether or not than due, with the excess, if any, paid to Borrower. In the event of It partial taking, destruction, or loss in value of the Property in which the fair market value of the Properly immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sum, assured by this Security Instrument immediately before the partial taking, destruction, or lour in value, unless Borrower and Leader otherwise agree in writing, the same secured by this Security Instrument sball be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fah market value of the Property immediately before the partial taking, destruction, or lose in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fah market value of the Property immediately before the partial taking, destruction, or loss in value is lees than the amount of the sums soured immediately before the partial Wring, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the Mimellanwus Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums ire than due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower thin the Opposing Parry (as defined in the nest sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Leader within 30 days after the daze the notice is given, Leader is authorized to rolled and apply the Miscellaneous, Proceeds either to restoration or repair of the Properly or to the sums secured by this Security Instrument, whether or not than due "Opposing Party" rneam the third parry Win owes Borrower Miscellaneous Proceeds or the perry against whom Borrower her a right of action in regard to Misullanwus Proceeds. Borrow. shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Leader's judgment, could result in forfeiture of the Property or other material impairment of Lender' a interest in the Property or rights order this Security Instrument. Borrower can cure such a eeneveees 1m1221421 IM �aµ VPrIMIu•aY Ne...VeKs"MWr0.Ventsonte! ra,�raaw. IN, alter. nine r..a aaa RECEIV BOOK Xd PAGE a OCT 0 4 201 ,p a RECEIVED OCT 31 2016 DCM- MHD CITY IC default and, if acceleration has occurred, reinstate as provided in Section 19, by coming the action or proceeding to be dismissed with a ruling that. in Lender's judgment, precludes forfeiture of the Property or other material impairment of Landee 9 interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that we attributable to the impairment of Leader a interest in the Property are hereby assigned and shall be Paid to Leader. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forhaa imcco By Larder Not a W aNr. Extension of the time for Payment or modification of amortimtion of the sums secured by this Security hastrummt granted by Leader to Bonower or say Successor in Interest of Borrower shall net operate to release the liability of Bn.owa or my Successors is Interest of Borrower. Leader shall not be regoued to commence proceedings against my Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortiration of the sums seemed by this Security Instrument by reason of my demand made by the original Borrower or my Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from thud persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise, of my right or remedy. 13. Johns and Several Llabgny; Caslpnsrs; Suecessmus and Asslpse Bound. Borrower mvmants and agrees that Borrowers obligations and liability shall be joint and several. However, my Borrower who co-signs this Security Instrument but does net execute the Note (a "co-signer"): (a) is oo-signlng this Security Instrument only to mortgage, grant and convey the cosigner's interest in the Property order the tame of this Security Instrument; (b) is not personally obligated to pay the soma secured by this Security Instrument; and (c) agrees that Lou. and any other Borrows can agree to artend, modify, forbear or make my accommodations with regard to the terms of this Security Instrument or the Note without the co-signer a consent Subject to the provisions of Section 18, my Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lenda, shall obtain all of Borrow.' a rights and benefits under this Smurity Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lander agrees to such release in writing. The covermts and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns, of Lender. 14. Loan Charges. Leader may charge Borrower fear for service performed in connection with Borrower a default, for the purpose of protecting Lender's interest in the Property and rights under this Sesuity Instrument, including, but not limited to, moneys' fen, property inspection and valuation fee. In regard to my other fees, the absence of express authority in this Security Instrument to charge a specific fen to Borrower shall not be construed as a prohibidw on the charging of such fee. Leader may not charge fees that are arpresnly prohibited by this Security Instrument or by Applicable Law. If the Low is subject to a law which sets maximum loan charges, and that law is foully interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, than: (a) my such low charge ehall be reduced by the amount necessary to reduce the ebarge, to the permitted limit; and (b) my ems already collected from Borrower which saneness oasaawal 1 BYWrYNySWYYaanWaYi WRaal eArla.MBa WmINW rtlp MU 1M. Wdlw IW�rnra�ea aarae C If."Ili OCT D 4 2016 B©OKL3 PAGE a3Y RECEIVEp;aa,., OCT 31 2016 I)CM- MHD C17-y excaded permitted limits will be refunded to Borrower. Linda may choose to make this refimd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be heated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for order the Note). Borrower's accepmoce of any such refund made by direct payment to Borrower will constitute a waiver of my right of scrim Borrower might have miaiog out of meh overcharge. 15. Notim. AB notices given by Borrower or Leader in connection with this Security Instrument most be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have base given to Borrower when mailed by first elm mail or when actually delivered to Borrower's notice address if sent by other mane Notice to my one Borrower shall constitute notice to all Borrowers unless Applicable Law eatpressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Burrower shall promptly notify Lender of Borrower's change of address, If Lmdersperiftes a procedure for reporting Borrower's change of address, than Borrower shall only report a change of address through that specified proadme. There may be only one designated notice address under this Security Instrument at my me time. Any notice to Lander shall be gives by delivering it or by mailing it by fast clan mail to Leader's address stated herein unless Linda has designated mother address by notice to Borrower. Any notice in comectim with this Security Instrument shall not be deemed to have been given to lender mil actually received by Leader. If my notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement order this Security Instrument. 15. Governing Law; Beverabggy; Rulas of Construction. This Security Instrument shall be governed by Rdaal law and the law of the jurisdiction in which the Property is located. AB rights and obligations contained in this Security Instrument are subject to my requirements and limitations of Applicable Law. Applicable Law might capficitly or implicitly allow the parties to ago by contract or it might be silent, but such silence shall not be connruad as a prohibition against agreement by contract. in the event that my provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not effect other provisions of this Secuity Instrument or the Now which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gander shall mean and include corresponding cater words or words of the femi une gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives role discretion without my obligation to take my action- 17. BOrrowere Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means my legal or bmeficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for dad, smarect for dead, installment sales contract or escrow agreement, the intent of which is the trmalin of title by Borrower at a future data to a purchaser. If all or my part of the Property or my Interest is the Property is sold or transferred (or if Borrower is ant a natural person and a benefical interest in Borrower is mid or transferred) without Leader' a Print written mnsen1, Louder may require immediate payment in full of all some secured by this eeneseeea p � rysOalfFeaYYRY4Yi UXVdY N6rnllelr WllX YaO Wtllma arsF= " BOOK _PAGE d 3 y RECEIVED OCT 31 2016 DCM- MHD CITY 7002225421 ram ]0. 1,01 vY jf ,2j Security Innmment. However, this option shell not be exercised by Lander if such exercise is prohibited by Applicable Law. If L.mda exercises this option, Lender shall give Borrows notice of acceleration. The notice shall provide a period of not less than 30 days ftom the date the notice is given in accordance with Section 15 within which Borrows must pay all most secured by this Security Instrument. If Borrows fails to pay these sums prior to the mpirmon of this period, Linda may invoke my remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrowees Right to Neirretate Aker Acceleration. If Boaowa mans certain conditions, Borrows shall have the right to have enforcement of this Security Instrument discontinued at my time prior m the motion of (a) five days before sale of the Property pursuant to any power of sale commimad m this Seouriry Instrument; (b) such other period as Applicable Lew might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions ere that Borrower: (a) pays Lender all sume which than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) core my default of my other aovenwas or agreements; (c) pays all eapmna incurred in enforcing this Security Instrument, including, but not limited to, reasonable summers, fees, property inspection and valuation fees, and other loss incurred for the purpose of protecting Lender's interest in the Property and rights under this Security larmummr, and (d) takes inch action as Lauder may reasonably require to ssure, that Lender' a interest in the Property and rights order this Security lnatrummt, and Borrower's obligation to pay the some seamed by this Sawity Insnmmm4 shall continue unchanged. Lmda may require that Boaowa pay such reinstatement sums and expenses in me or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided my such chink is drawn upon an inectimtion whose deposits arm Wanted by a federal agency, instrumentality or entity; or (d) Electronic Funds Traasfr. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective s if no acceleration had occurred. However, this right to reinstate shall not apply in the case of accelermoo order Section 19. 20. Sale of Note; Change of Loan Servlear; Notice of Grievance. The Note or a partial intact in the Note (togetha with this Seemity Imtrummt) cm be sold one or more times without prior notice to Borrows. A sale might result in a change in the unity (Imowm as the "Loan SavieaY') that collar Periodic Payments due order the Note and this Security Instrument and performs other mortgage loan servicing obligations undo the Not, this Security bsstrummt, and Applicable Law. There also might be one or more charges of the Ivan Services umrdated to a We of the Note. If thus is a change of the Loan Services, Boaowa will be given written notice of the change which will state the name and address of the am Loan Services, the address to which payments should be made and my other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the cu rtea of the Note, the mortgage loan servicing obligations to Borrower will remain with the Low Servicer or be transferred to a successor Loan Services and are not assumed by the Note pmchser unless otherwise provided by the Note purchaser. Neither Boaowa ram Linda may womance, join, or be joined to my judicial action (s either an individual litigant or the member of a elms) that arises from the other parry's actions pursuant to this Swanky Imtruosent or that alleges that the other Derry has breached my provision of, or my duty seas ea 10222aa21 w e��m`aN1/"ia'aYwTWa4s NlaW rer. In, rimapN lA\ wane wa. m.,ss sa.N. vat `.a. ♦ alta? BOOK SS PAGE 23`1 0CT 0 4 IDCM, 601'ri RECEIVED OCT 31 2016 DCM. MHD CITy owed by reason of, this Sorority Instrument, until such Borrower or Leader has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged branch and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a rime period winch must elapse before certain action can be taken, that time period will be doomed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and me . notice of acceleration given to Borrower pursumt to Section 19 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substarseea. As used in this Section 21: (a) "Hazardons Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbeates or formaldehyde, and radioactive materials; (b) "Eavhommental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "EnviromnemW Condition" means a condition that cart caum, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substance, or threaten to release my Hasardons Substances, on or in the Property. Borrower shall not do, nor allow anyone elm to do, anything affecting the Property (a) that is in violation of my Environmental Law, (b) which creates an Environments] Condition, or (c) which, due to the presence, me, or release of a Hezmdous Substance, meats; a condition that adversely affects the value of the Properly. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Haaardous Substances that are generally recognized to be appropriere to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Leader written notice of (a) my investigation, claim, demand, lawsuit or other action by my governmental or regulatory agency or private party involving the Property and my Hazedow Substance or Environmental Law of which Borrower has actual knowledge, (b) my Environmental Condition, including but not limited to, my spilling, leaking, discharge, release or threat of release of my Hazardous Substance, and (c) my condition caused by the preemcq use or relc m of a luxurious Substance which adversely affects the value of the Property. If Borrower Icarus, or is notified by my governmental or regulatory authority, or my private party, that my removal or other remedfation of my Hazardous Station ance affecting the Properly is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shah create my obligation on Lender for an Environmental Cleanup. NOtfUnBotm COvermnts. Borrower and Lender further covenant and agree as follows: 22, Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 19 units. Applicable Law provides otherwise). The notice shall spedfy: (a) the default; (b) the action required m cure the default; (e) a date, not less than 30 drys from the date the notice is given to Borrower, by which the default must be cured; and eNremesa rued aooaaa.1 Ka Mx LaRXIs""da r,rR, . ua/XaWn us FAa mel! uXRomMass .aOa, lot vMve aaa,narymrn vuw":l"A K11to�ol)C E�{, wdlaaab�Wu,Ya 9avle� Q OCT 0 4 �M$ BOOK I S-13 PAGE a� DCM- �Jg HD RECEIVED OCT 31 2016 DCM- MHD CITY (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to reinstate after acceeratou and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default b not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale sod soy other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses Incurred Is pursuing the remedies provided in this Section 22, Including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Leader invokes the power of Sale, and If it is determined in a hearing held In accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After vie time required by Applicable Law and after publication of the notice of sale, Truster, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated is the notice of sale In one or more parcels and in may order Trustee determines. Lender or let designee may purchase the Property at Say Sale. Tm,tee,sball deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or Implied. The recitals in the Trustee's deed shall be prime facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order. (a) to all expenses of the sale, including, but not limited to, Trustee's fees or 5.000 %of the gross sale price; (b) to all sums Secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth In the Note shall apply whether before or after any Judgment on the indebtedness evidenced by the Note. 23. Retries. Upon payment of all sums scoured by this Security Instrument, Lender or Trustee shall canal this Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt seemed by this Security hsstrumcut shall be surrendered to Trustee. Borrower shall Pay my recordation carts. Lander may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Substitute Trsntme. Lands may from time m time remove Trustee and appoint a successor trustee to any Trustee appointed beremder by an instrument recorded in the warty in which this Security lostrament is recorded. Without conveyenm of the Property, the ancceafm trustee shall samsed to all the title, power and duties conferred upon Trustee herein and by Applicable Law. 25. Attamsys' Free. Attorneys' face moat be r..able. eenssssse rooaaaaa, aomx cucuw.s„eor..noj.... u..wmeui,aanns aumise...MAS rum sow,m, vure arse ssu..:� vuwapa; Isoa gg wuu.aw,,. Iti wa.idd, 1300K s/? PAGES DCM-- FNIND C® RECEIVED OCT 31 2016 DCM- MHD CITY BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms contained in this Seourity Instr unmt and in my Rider ea outed by Borrower and recorded with it. Elbert ■ Bwens Jr -Borrower (Sea!) -Borrower -Borrower ED Refer to the attached Sig core Addendum for additional parties and signatures. a0rreaeees w �GY%;�y ��MyI�vY YYfiW�Ma'nMf0ltl aISIRAIBR WRN M96 Wtllw ♦M'is Pv�OY SYvli 900K12-3PAGE a3 RECEIVED OCT 31 2016 DCM. MHD CITY rmn as. 1,,� ECEIVE OCT 042016 DCM_ MHD Cl sl=tto led am Sfat<of /yam' Coax of I. , a notary public, do haeby certify that E I bert ■ Owens Jr pasonally appeared before me dm day and ad..leclged the due execution of the foregoing ins nmt. Wimms my hand and official sump m snl oe My comm4aion eepira: J ��3—a-��—/ Loan origimtion organintion Branch Banking and Trust Company NMLS ID 399803 Loan originator Evette Carpenter NMLS ID 113010 esmxas Ibna GIRaMYM rYnrriFY N�WYx Yi UMICRI MIRYBIr WIMY9! V�Mali BOOK )SI3 PAGE JJ - RECEIVED OCT 31 2016 raoaxaxat WRyNC11 1] ]t xx1� Y 1� I�V OCT 042016 DC"- M D C11 DCM- MHD CITY Exhibit "A" Beginning at a point (herein "POINT OF BEGINNING') on the southern right of way of NCSR 1310 (Lennoxville Road), said POINT OF BEGINNING being described as being the following courses and distances from where the centerline of NCSR 1386 would intersect with the centerline of NCSR 1310 if extended: running from said point of intersection N 77- 26 W, 506.22 feet to a point; thence from said point, S 12-34 W, 30 feet to the POINT OF BEGINNING of the hereafter described parcel: from said POINT OF BEGINNING so described, runs thence S 77-26 E, 29.37 feet to a point in the center of Goodwin Lamp Lane; thence with the center of Goodwin Lamp Lane, S 06-33-15 W, 155.85 feet to a point; thence S 67-57-20 E, 10.43 feet to a point; thence S 14-27 W, 283.85 fat to a point in the highwater mark of Taylor's Creek; running thence with the highwater mark of Taylor's Creek N 77-13- 50 W, 95.4 feet to a point; thence leaving the highwater mark of Taylor's Creek, N 14-42-50 E, 83.26 feet to a point; thence N 18-12 E, 214.64 feet to a point; thetibe continuing N 18-12 E, 46.18 feet to a point thence N 24-12 E, 99.35 feet to a point, the POINT OF BEGINNING. Courses and distances used herein are based upon that survey entitled "Survey for Elbert W. Owens, Jr. and Sharon B. Owens", dated February 20 & 23, 1998, as prepared by Powell Surveying Company, Beaufort NC, a copy of which, for information purposes only, is attached hereto as Exhibit A. The description above is a unified composite description of the two contiguous parcel appearing on Exhibit A. It is the intent of this instrument to combine said two contiguous parcels into one parcel for subsequent purposes, including the assignment of a single tax parcel number. (Note: Sharon Barrett Owens has released all of right title, and interest in and to the property described above by that quit claim deed she executed and which appears recorded in book 1513 • page Z3Z Carteret County Registry OCT 0 4 2016 ®�A PAGE DCM- MHD RECEIVED OCT 31 2016 ACM- MHO C►TY DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Elbert W. Owens (new excavation within Taylors Creek) 2. LOCATION OF PROJECT SITE: 120 Goodwin Lamp Road, Beaufort, Carteret County Photo Index - 2006: 42-6406 R (16) LAT 34042'29.13 LON 76037'26.97 INVESTIGATION TYPE: D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/12/16 Was Applicant Present No PROCESSING PROCEDURE 6. SITE DESCRIPTION: Application Received—10/4/16 Application Complete- 10/4/16 Office — Morehead City (A) Local Land Use Plan — Town of Beaufort / Land Classification from LUP — Low Density Residential with Conservation/ (B) AEC(s) Involved: Public Trust Area, Estuarine Water (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing — N/A Planned — none (F) Type of Structures: Existing —N/A Planned — new excavation within the slip areas of the existing docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED FILLED OTHER (A) Shallow Bottom 1,950 ft2 N/A N/A (D) Total Area Disturbed: 1,950 ft2 (E) Primary Nursery Area: No (F) Water Classification: SC Open: No 8. PROJECT SUMMARY: The applicant is proposing to excavate around the existing docking facility located at 120 Goodwin Lamp Road along Taylors Creek in Beaufort. 9. Narrative Description: The Elbert W. Owens, project is located at 120 Goodwin lamp road in Beaufort, Carteret County. The project area can be found by following Lennoxville Road until you are within the vicinity of Atlantic Veneer. Goodwin Lamp Road is approximately 200' east of the Field Investigation Elbert W.-Owens- Page 02 - - Atlantic Veneer, property and located on the right side of Lennoxville Road. The applicant could not find documentation for previous dredging for this area of Taylors Creek. The water depths in the area to be excavated are an average of -1'nlw with a connecting water depth of -7' or greater. The Division of Water Resources classifies this area as SC Waters. This part of Taylors creek is not a designated Primary Nursery Area and is closed to the taking of shellfish. The Town of Beaufort Land Use Plan certified in 2007 classifies this area as Low Density Residential with Conservation within the AEC. No shellfish resources or submerged aquatic vegetation were observed within the project area. There are single-family homes to the east and the west of the project location. 10. Pro iect Description: The applicant is proposing to excavate around the existing docking facility in order to reach a depth of-7'nlw, which per the applicant existed previously. The existing water depth within this area is an average of-1'NLW. The connecting water depths at the channel entrance are -7'NLW or greater. A total of approximately 433 cubic yards of material would be removed from the existing docking facility with an excavation area of 30' x 65'and would remain a minimum of 25' from the existing marsh edge. The final depth for the excavation would be -7' NLW. The excavation would be done by bucket to barge and taken offsite to a preapproved spoil location (the Morgan St site). 11. Anticipated Impacts: The proposed excavation would increase turbidity and cause approximately 1,950 square feet of disturbance to shallow bottom habitat. There will be no impact to SAV or shellfish. Spoils would be barged and offloaded at a preapproved site. HEATHER STYRON Morehead City October 18, 2016 Major Permit Fee Schedule Circle One Development Type Fee DCM% _ DWQ% I. Private, non-commercial $250 100%($250) 0%($0) development that does not involve the filling or excavation of any wetlands or open water areas 11. Public or commercial" $400 100% ($400) 0% ($0) development that does not involve the filling or excavation of any wetlands or o en water areas Ill. For Development that Involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if r D below applies 11I(a). Private, non- '' $250 100% ($250) 05/0'($0) co ercial development, if General Water Quality Certification No. 3490 (See attached) can be applied 111(b). Public or $400 100% ($400) 0% ($0) commercial development_, if General Water Quality Certification No. 3490 (See attached) can be applied III(c); If General Water $400 60% ($240) 40% ($160) Quality Certification No. 3490 (See attached) could be applied, but DCM staff determined thatadditional review and written DWQ concurrence is needed' because ofconcems rejated to water quality or A uatic life ' III(d). If General Water $400 60% ($240) 40% ($160) Quality Certification No. 3490 (See attached) cannot beapplied IV. Development that $475 60% ($285) 40% ($190) involves the filling and/or excavation of more than one acre of wetlands and/or open water areas V. Major Modification to $250 100% ($250) A% ($0) Existing Major Permit Check Amount $ Project Name> ' rl 7. DCM 1VIP-1 6 _.._- Elbert Owens 120 Goodwin Lamp Rd. Beaufort, N.C. 28516 August 30, 2016 a. The project will involve a barge mounted digger accessing the proper- ty by way of Taylor's Creek near Beaufort N.C. Contractor Eric Pake will remove approximately 433 cubic yards of sediment from the area of the floating dock and the shore side boat lift. There is.no knowledge available showing that the area has been dredged before. This process will return the area to a depth of approximately 7 feet, as ithad been historically, from it's current depth of one foot at mean low tide. The impacted area will stop 25 feet South of the existing marsh grass and 150 feet North of the center of Taylor's Creek, which is approximately 472 feet wide at this point and 20 feet deep in the channel. When com- pleted, use of the shore side lift will then again be possible atanytide. ocT 0 4 Z016 DCM- MH® Cffy GEOLOGY 101 REPORT 1 APPLICATION for.. V-81dr Development Parma (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name \bec� MI w • Last Name Dwe N5 Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address iZ0 GY61)aw1A) ink ;Phqne PO Box City �5-,"(��or-t St t�gj jy.C. ZIP �� �.� b Country U S No. exl. FAX No. Street Address (if different from above) City State ZIP . Email No�COCo O\`M0.`l•C0vr.7 •. b W e�1 S �C of) � J .R 2. Agent/Contractorinformation h 7016 Business Name l A� Q. J Y � Y u�• l± t) K �r Agent/ Contractor 1: First Name` _ MI • Last Name - Agent/ Contractor 2: First Name MI Last Name . Mailing Address PO Box Clty c State ZIP Phone No. 1 Phone No. 2 C L�J\U 2r -?Zr' 74C ext. ext. FAX No. Contractor # &I Street Address (if different -from above) City State ZIP Email ,e I <Form continues on back> Form 06M MP-1 (Page 2 of 4) APPLICATION for Major Development Permit I Project Location" County (ran be multiple) Street Address \ 1 C� State Rd. # " Lax�•e. net- I La I&-Waw i lJ -A Subdivision Name NIA City �)3ec',Av-r State N L Zip 2_0S 1. (2) Phone No. Q Lot No.(s) (if many, attach additional page with list) i(( -4 1.4 - Q bLO ext. , a. In which NC river basin is the project located? N•ev�SL- bb.. -NNa""me of body of water nearest to proposed project Jay &eeV \0. % c. Is the water body identified in (b) above, natural or manmade? ❑ Natural (lf�❑ nmade Unknown d. Namme the closest major water body to the proposed project site. Na l �aL� Sp L'.hA e. Is ptoposed wor within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes o work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) li. b. Size of entire tract (sq.ft.) ' . qO -� 3M00 c.. Size of individual.lol(s) d. Approximate.elevation of tract above NHW (normal high water) or NWL (normal walerJevei) II L-i•}• 4 (If many lot sizes, please attach, additional page with a list) ❑NHW or ❑NWL e. Vegetation on tract �.tJ C C) aKl i QrYGSS O 6 C E �P 11 f. Man-made features and uses now on tract S } !v`I £, a.�v -( y �0 PA �': I ® 4 2016 g. Identify and. describe the existing land uses adjacent to the proposed project site. 'Si NC � E c,.y,'I y hEllix&S h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) - (l(es []No ❑NA ' j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes PN6 k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ORA 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 property? <Form continues on next page> 0 CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (i) Are there.wetiands on.the.site2 es ❑No. (ii) Are there coastal wetlands on the site? pies []No (iii) If yes to either (1) or (ii) above, has a delineation been conducted? ❑Yes �to (Attach documentation, if available) n. Describe existing wastewater treatment facilities. -rq 0)(- g Q,0 5.) Ste yl\ o. Describe existing drinking water supply source. 'Q. W el p. Describe existing storm water management or treatment systems. Y 4 N: d i �es$oral'ad uhdev vac+.ad 't�6 5. Activities and Impacts a.Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government . E�P6vate/Community b. Give a brief description of purpose, use, and daily operations.of the project whgn complete. .c. Describe the proposed construction methodology, typesof construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. yy 1 - �he bor'y VrOV.V\1edeKC0.\fr�l�i1\! d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? PtrAhC I. What is the approximate total disturbed land area resulting from the proposed project? 1J O ❑Sq.Ft or ❑Acres. g. Will the proposed project encroach on any public easement,. public accessway or other area ❑Yes 290 ❑NA that the public has established use of? _ _ h. Describe location and type of existing and proposed discharges to waters of the state. No ri ' OCT 042016 i. Will.wastewater or stormwater be discharged into a wetland? ❑Yes 0QFJD UJi If yes, will this discharged water be of the same salinity as the receiving water? []Yes. ❑No ❑NA rj.1sthere any mitigation proposed? ❑Yes ❑No A If yes, attach a mitigation proposal. <Form continues on back> Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit ' 6. Additional Information .,. ____ _ __..,. In ad�ftfon to this completed applfcaton fcrm,-(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 properly 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 W0.Pc2J &4 jov, Phone No. z- Address Z541, LeN van' `6 31 S,7133 P I'M13 Name Phone No. ChaYl/E�s 11w, TA1J��v �y\ 1 t� Address iz5 &ALiIN .LAM 1�6 �F�oY1 �I C 1rS11L Z5 Z' Name T . Phone No. Address 'g. A list of previous state or federal permits Issued for work on theproject tract. Include permit numbers, permiltee, and issuing dates. CAMA erAk V'eytn�C TF 6z—C (,"113�2.o4D6 h. Signed consultantor agent authorization form, if applicable. I. Welland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy 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. F7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of statq 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 A certify that the Information provided in this application is truthful to the best of my knowledge. Date T lA i 2.0 � b Print Name �G�iat�T V1j • tAt G Nt Signature / r Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑ es and 9 R DCM MP-5 Bridges CulvertsI�_ Ea 'tf s� f ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information OCT 0 4 2016 Form DCM MP-2 (Except for bridges and culverts) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock (excluding NWL) Breakwater shoreline stabilization Length 6 5 Width 36 Avg, Existing Depth NA , NA Final Project Depth �� NA NA .EXCAVATION a.' mount of material to be excavated from below NF�W W in cubic yards. 1}'.f ,(33 3XSX' -- c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL i]Aone (ii) Describe the purpose of the excavation in these areas: ❑This section not applicable b. 1pe of material to be 1. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. ft N b. Dimensions of disposal parea. c. (i) Do you claim title to disposal areal d. (i) Will a disposal area be available for future maintenance? ❑Yes VKo ❑NA ❑Yes ❑No (DNA o, attach a letter granting permission from the owner, (ii) If yes, where? ' e. _ (i) Does the disposal area include any coastal wetlandsimarsh f. (1) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV), shell bottom (SB), ❑Yes E;Wb ❑NA ' or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (it) If yes, how much water area is affected? ❑CW ❑SAV ❑SB ❑WL [I}None (ii) Describe the purpose of disposal in these areas: W` �a r �3 ft (r� •') 3. SHORELINE STABILIZATION Ris section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: - -- ❑Bulkhead ❑Riprap ❑BreakwatedSill ❑Other:......_,,,,_ Width: c. average distance waterward of NHW or NAIL: J. Maximum distance waterward of NHW or NWL: e. Type or stabilization material: f. (1) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. g. Number of square feet of fill to be placed below water level, h. Type of fill material. Bulkhead backfill _ Riprap Breakwater/Sill Other i. Source of fill material. 4. OTHER FILL ACTIVITIES is section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or - other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water number of square feet affected. (iii) Dimensions of fill area ❑CW ❑5AV ❑SB (iv) Purpose of rill ❑WL ❑None (ii) Describe the purpose of the fill in these areras.: a C CITY 5. GENERAL DGM- a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? +o or% 5AL moukileil d:acef C. (i) Will navigational aids be required as a result of the project? J. (1) Will wetlands be crossed in transporting equipment to project ❑Yes U<o ❑NA .site? []Yes 02Io [DNA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. �(b&Rt w,Dw�r� Date h Applicant Name tZO a� tip a w, n A01A6AM C. ar�la,r rvamR I Anplicant Sianature PC 0A I T 11 k-% k N, \ - \1 I (-- \&) � taxZ,f pvjfWs I'W &00Av.;ws. Lp""\�+ %. 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