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HomeMy WebLinkAbout81-16 Barber, Anthony & MichellePermit Class Permit Number NEW 81-16 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vern tt for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Anthony & Michelle Barber, 251 Grassy Point Road Hertford NC 27944 Authorizing development in Perquimans County at adjacent to Perquimans River, at 251 Grassy Point Road, in Hertford as requested in the permittee's application dated 5/2/16 including attached workplan drawings (4), 1-4 of 4 dated 4/28/16. Tlijs permit, issued on July 21, 2016 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may `be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Shoreline Stabilization l;) The alignment of the permitted retaining wall shall be verified by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. 2) ,: The retaining wall shall be constructed prior to any backftlling activities. J) The retaining wall shall be structurally tight so as to prevent seepage of backfill materials through the structure. ;4) The fill material shall be clean and free of any pollutants except in trace quantities. (See attached sheets for Additional Conditions) i ms permrr acton may oe appeatea oy me permittee or omer qualified persons within twenty (20) days of the issuing date. f ' This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. "All work must cease when the permit expires on t. . December 31, 2019 (j In issuing this permit, the State of North Carolina agrees that a_ your project is consistent with the North Carolina Coastal l., .''Management Program. Chairman of the Coastal Resources Commission. A�Braxton C. Davis, Director �Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee - � 1 Anthony & Michelle Barber Permit No. 81-16 Page 2 of 3 ADDITIONAL CONDITIONS Sedimentation and Erosion Control 4) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses and property. 5) • In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. $) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the retaining wall cap immediately following completion of backfilling activities. Beach Fill 7) All beach fill shall be located landward of the normal water line. Docking Facility This permit authorizes only the pier, boathouse, covered platform, uncovered platform, finger piers, tie pilings, kayak lift, PWC lift and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. This permit authorizes a maximum of five (5) formalized boat slips. The boathouse shall not be completely enclosed or have side coverage more than one half the height of, the side, from the roof waterward. The authorized boathouse and covered platform shall be single story, and shall not be designed to allow for second story use. The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. Anthony & Michelle Barber ADDITIONAL CONDITIONS Permit No. 81-16 Page 3 of 3 15) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 16) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. General 17)- The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 18) _ This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the { written consent of the Division of Coastal Management. f_ (' "19) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. i ' ; ° 'NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, ' approvals or authorizations that may be required. NOTE: -,,,NOTE: r. . The U.S. Army Corps of Engineers authorized the proposed project by way of Programmatic General Permit 198000291 and assigned the project Action ID No. SAW-2016-01059. The N.C. Division of Water Resources authorized the project by way of General Water Quality Certification 3900 and assigned the DWR Project No. 16-0477. Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (252) 264-3901 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal water level. An application processing fee of $250 was received by DCM for this project. I4 �S To: NCDENR Field Office Received From: Anthony and Michelle Barber 251 Grassy Point Road Hertford, North Carolina 27944 DCM-EC Subject: Application for Major Permit (DCM MP-1, DCM MP-3, DCM MP-4) 1. As required the following project narrative is provided as per 6a, DCM MP-1. Submitting for review and approval of CAMA major permit to authorize the construction of single family pier and boat house consisting of the following: a 6' x 120' main access finger pier, 3' x 20' and 4' x 20' uncovered finger pier to provide access to a four piling boatlift with aluminum platform with a jet ski lift installed on the 3' x 20' finger pier. A 14' x 32' covered boat slip with a 2' x 17' uncovered finger pier. A 12' x 15' covered deck, a 5' x 24' and 11' x 25' uncovered deck and four tie pilings to secure guest boat. Construction material will consist of salt treated lumber for decking and piling with a metal roof. 2. 14' x 32' covered boat will provide storage to a triple pontoon boat 27.5 feet in length and 9.5 feet wide. The covered area 12' x 15' will provide adequate shelter from the sun for our family members that are prone to melanoma. 3. IRT DCM MP-3 our, request to build a retaining wall 115 feet in total length with an overall height of 5 feet with 3 feet below ground level. Retaining wall will provide mitigation of beach shore erosion that occurs during rainfall due to land grade of subject property. Retaining wall construction material will consist of paver block and Salt treated lumber. RECEIVED MAY 11 2016 DCM- MHC+ C,' iT":` Dom MP-1 ��9 k�iYa as naa �) APPLICATION for ;4 „�B,y a Major Development Permit DC -EC (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary, Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name Anthony MI C Last Name Barber Applicant 2: First Name Michelle MI Last Name Barber If additional applicants, please attach an additional page(a) with names listed. Mailing Address 251 Grassy Point Road PO Box City Hertford State NC ZIP 27944 Country USA Phone No. 757-630-2695 ext. FAX No. Street Address (Walfferent from above) City State ZIP Email tony_michelle2@verizon.net 2. ,: Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agentl Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 - - ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) .. City State ZIP Email <Form continues on back> -- 252-808.2808 :: 1-888.4RC®AST :: www. ncconsts I management. net Received APPLICATION forC ' Form DCM MP-1 (Page 2 of 4) S Major Development Permit 3. Project Location DCM-EC County (can be multiple) Street Address State Rd. # Perquimans 251 Grassy Point Road Subdivision Name City State Zip Grassy Point Hertford NC 27944 - Phone No. Lot No.(s) (if many, attach additional page with list) 757 - 630 - 2695 ext. 4, 1 1 , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Perquimans Perquimans River c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ®Natural ❑Manmade []Unknown Albemarle Sound e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes []NO work falls within. Perquimans County 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 601.02 645,832 sgft c. Sae of individual lots) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) 6' ❑NHW or ®NWL e. Vegetation on tract Indigenous grasses, pine and oak trees and omamental shrubs f. Man-made features and uses now on tract Rip rap and single family home g. Identify and describe the existing land uses adjacent to the proposed project site. Rip rap and single family home h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? IRS (Attach zoning compliance certificate, if applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No ®NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No []NA National Register listed or eligible property? <Form continues on next page> ■ •r.vVl V LLJ MAY 11 2016 DCM- MHn ngy 232-808-2808 :: 1-888-4111 :: www.ncconstalmanage ment.not Form DCM MP-1 (Page 3 of4) Received APPLICATION for Major Development Permit 10 m. (i) Are there wetlands on the site? DMEC EC []Yes ®No (ii) Are there coastal wetlands on the site? �`a tC, �,a []Yes ®No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? []Yes ®No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Septic on site o. Describe existing drinking water supply source. Well Water p. Describe existing storm water management or treatment systems. Surface runoff 5.'Acfivltles and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government ®Private/Community, b. Give a brief description of purpose, use, and daily operations of the project when complete. Single Family Boathouse/pier for water access. We own a 27.5 x 9.5 triple pontoon boat and several smaller water craft and would like to construct a covered area for our boats c. Describe the proposed construction methodology, types of construction equipment to be used dudng construction, the number of each type of equipment and where it is to be stored. Drive piling and standard construction methods d. List all development activities you propose. Retaining wall and pier, platform and boathouse e. Are the proposed activities maintenance of an existing project, new work, or both? New work f. What is the approximate total disturbed land area resulting from the proposed project? 127.5x115=14,662.5 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of? _ h. Describe location and type of existing and proposed discharges to waters of the state. Surface runoff i. Will wastewater or stonnwater be discharged into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. <Form continues on back> 252-808-2808 :: t-888-4RCOAST :: wrww.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for C5 Major Development Permit 6. Additional Information In addition to this completed application torm, (MP-1) the tollowing items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application instruction booklet on how to 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 guile agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. - e. The appropriate application fee. Check or money order made payable to DENR. f. 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 Eric and Mary Lou Philips Phone No. 302-540-2234/2235 Address 228 Grassy Point Road Name Robert and Amy Hall Phone No. 757-870-3817 Address 259 Grassy Point Road 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. CAMA Minor Permit # 121913A hun r�Il.lo fy 1$'IZ,tir j oy-LZZol5f3 h. Signed consultant or agent authorization form, lt applicable. 1. Wedand delineation, if necessary. IV O- P E rZ PC D L Al 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. 7. Certification and Permission to Enter on Land I understand that any pennit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date_SSU _Z ZZ0/6 Print Name /// 71KI/LY e4=01L Signature (24Qe_i_ Received Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development R EC E I V E DLiC ®DCM MP-4 Structures Information ).EC MAY 11 2016 252-808.2808 .. 1-888-4RCOAST .. www.necoastalmona8 mint.nst Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) DCM-EC 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. 3ENERAL-UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures proposed. One (1) Retaining wall c. Density (give the number of residential units and the units per acre). N/A e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? []Yes ❑No ®NA (ii) If yes, list the date submitted: g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A L Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. N/A j. Describe proposed method of sewage disposal. N/A I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, °wash down" and residential discharges). Surface run-off b. Number of lots or parcels. One (1) d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. 127.5 x 115 = 14,662.5 Sq. Ft. f. List the matedals (such as marl, paver stone, asphalt, or concrete) to be used for impervious surfaces. Salt -treated lumber, paver stone h. Projects that require a CAMA Major Development Permit may also require a Stomnwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes []No ®NA (if) If yes, list the date submitted: k. Have the facilities described in Item (i) received state or local approval? ❑Yes []No ®NA If yes, attach appropriate documentation. m. Does the proposed project include an innovative stommwater design? ❑Yes []No ®NA If yes, attach appropriate documentation. 252-808-28082 :: 1-888.4RCOAST :: wvvw.nr-coostairnanaaement.net revised: 12126/06 11 Form DCM MP-3 (Upland Development, Page 2 of 2) m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) N/A o. When was the lot(s) platted and recorded? 4/26/2013 15-/z/ Z 6 /4 Date &1 /L dE/C RE-'T//7.IJIy6 IV Project Name Applicant Name _ Applicant Signature n. (i) Will water be impounded? []Yes ❑No ®NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA Received MIMIC RECEIVED MAY 11 2016 DCM- MHD CITY 252-808.2808:: 1.888.4RCOA3T:: v .nccoastaimanagement.net revised: 12126/06 Form DCM MP-4 STRUCTURES AY�- t'!11 (Construction within Public Trust Areas) DM tllfd"E �.0 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY%MARINA CHARACTERISTICS [i This section not applicable a. (1) Is the docking facility/marina: b. (1) Will the facility be open to the general public? ❑Commercial ❑PubIlUGovernment ®Private/Community []Yes ®No c. (I) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ®Yes [:]No (ii) Number 1 If yes: (ill) Length 120' (ii) Number 3 (iv) Width 6' (ill) Length 2 (W 20'. 1(E 17' (v) Floating ❑Yes ®No (iv) Width 1 Ai 3'. 1(cD 4.1 (v) Floating []Yes ®No e. (i) Are Platforms included? ®Yes []No f. (1) Are Boatlifts included? ®Yes []No If yes: If yes: (ii) Number Sections B. D and E (ii) Number 2 Lifts, one with platform (iii) Length t Z r A 1 S) (ill) Length 12' 6" 12' 6" (iv) Width - L7 = i5 r K Zy 1 (iv) Width 10, 12' 6" (v) Floating ❑Yes ®No E= I t r)( "Z s Note: Roofed areas are calculated from dripline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or _S (ii) Number of slips existing maintenance service n/a ❑ Dockage, fuel, and marine supplies ® Dockage ('Wet slips") only, number of slips: 4 ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: L Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel ®Open water, no dredging required ❑Other; please describe: k. Typical boat length: 27.5' m. (i) Will the facility, have tie pilings? ®Yes []No (ii) If yes number of tie pilings? 4 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed. ie: Pontoon boat, fishing boat, ietski's. kayak's I. (!)Will the facility be open to the general public? ❑Yes ®No 252-808-2808 ::1-sae-4RCOASB :: wvvw Mccoastallmanaaleraent-net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of a) 1 2. DOCKING FACILITY/MARINA OPERATIONS EThis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets Received ❑ Toilets for patrons; Number: _; Location: ❑ Showers . ❑ Boatholding lank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (1) Give the location and number of "No Sewage Discharge' signs proposed. (d) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h Give the number of channel markers and "No Wake' signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/docking facility proposed within a primary or secondary nursery area? MAY 11 2016 ❑Yes []No DCM- MHD CITY 252-80ti-2808 :: 1-8ti8-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 P®B'M OMNPa4 ($tructurez, Page 3 of 4) VIri{ n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? f��tt�� []Yes []No DI�B9tf C .._ ._ o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CM, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? [-]Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ❑This section not applicable a. III Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ®Private/Community (ii) Number 1 (III) Length 14 feet (iv) Width 32 feet Note: Roofed areas are calculated from dripline dimensions. 4.GROIN (e.g., wood,,sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) - NThisseotion not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile; etc.) ®This section not applicable' a. Length _ b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public(Government ❑Private/Community a Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) 7. GENERAL 252-808-2808:: 1-aa9-4RC®AST :: www.necosstelmana®ement.not revised: 12/27/06 Form DCM MP-0 (structures, Page 4 of 4) 6 a. Proximily, of structure(s) to adjacent riparian property lines 240' from Phillips and 260' from the Hall Property lines Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body I M r. e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 1690' &.2208' as the crow flies d. Water depth at waterward end of structure at NLW or NWL - 3.5 feet 8. OTHER ®This section not applicable a. Give complete description: S'Zzzza/6 Date 81-5 k&B n ,yov Se — Project Name fr /t/ MewY ��9 2Qc=•c T Applicant Name _ Applicant Signature Received DCM-EC RECEIVED MAY 11 2016 DCM- MHD CITY 252.808.2808 :: 1-888-4RCOAST :: www.necoastalmanaaement.net revised: 12/27/06 N'<u L ` 20 Id TDVVN -OF orf , ;�-lFt>_gJ ixiF�/ Q' iiEi{FFORD _ ; c �' �D. ~-S♦ a �'^, 1. � �- :f �� /,Oj�.._ D p� 7 Perquimans County, NC ParIN Number. 7878-51-2132 Plat Cab: 2 cel Number. 4-DO63-2004-GP Plat Map: 1 Owner Name: BARBER, ANTHONY C Plat Slide: 136 PROPERTY MAP Owner Address: 259 GRASSY POI BARBER Record Date: 07/06/05 - �S Owner Address 2: 259 GRASSY POINT DR Sold Date: Owner Address 3: HERTFORD, NC 00007 Deed Acres: N K °sa"I1eA - Owner Account: 0429936 Tax Value: 785,800 Us data pomaded on Nb map me prepared forme Nremary of real property Woe! whin / F Pemulmans Courts, N¢eM me commed Ram recorded pea, deeds, and ommpub mmrda Description: GRASSYPOINT#4 Use Value: - ` 'ri cnad" and! dam. TNsdata Isfor inbmullmulpurposes only am! should not Joe subsMahad Deed Book: 224 Township: NEW HOPE One Inch =6400 Feet fora we We seamen, property appraisal, survey, or for ameag wn6Wion. Deed Page: 566 (5 Image of proposed Aluminum Kayak Platform Elevator Anthony & Michelle Barber Received DCM-EC RECEIVED MAY 11 2016 DCM- MHD CITY Water Depth @ 120' O O f � J — 3.S Tie Pilings (4) II O O II u II 3' x 20' Uncovered II (t) Jelaki lift Finger Pier II 60 Sq Ft Water Depth � � 1 II @ 103' O II F II 10' x 20' Boatshp with I II Aluminum Kayak Platform roughly 8' x 18' / 144 sq. ft II (ELEVATOR) O II t���������I H II 4' x 20; Uncovered II Finger Pier 80 Sq Ft w Water Depth @ 75' P 6'x12Y Main Pier 720 Sq. Ft Water Depth @ 50' — ID,I 0 Water Depth @ 20' (shoreline) O tt sr 36' 14- �'-- �I 2' x117 �IIII NI Ib IIII I Y O I I Uncovered Finger Pier '-34-Sq !III] A III Ft I I'II 14'�32' 111II Co rd 448 oathouse ill qq. Ft 17' cover d drip -edge. 1111 i II _____ 1114 I—-I� ---12 ' II I III �. ,2'B,6 III 1111 ---(-4Pi-1EeveradD III III 180Sq' ft FIN IIII II \ Pier is U x 120' = 720 Sq Ft Uncovered Deck D+E+F=639SgFt 3 Finger Piers G+H+1=174SgFt Anthony & Michelle Barber Scale 1 in. =10 ft Received DCM-EC a D 5' x 24' Uncovered Deck 120 Sq. Ft. %1 A: Boathouse B: Covered Deck `J\ 448 Sq. Ft. 180 Sq. Ft. 12" Covered Drip Edge RECEIVED A Covered Boathouse B Covered Deck MAY 112016 C Covered Drip -edge D Uncovered Deck E Uncovered Deck DCM- MHD C`TY F Boatslip lift with Kayak Platform G Finger Pier H Finger Pier I Uncovered Finger Pier J 4 Tie Pilings P Main Pier T-�IGE 2 or+ RECEIVED MAY 11 2016 DCM- MHD CITY OA-- TIPRAL I'jLrN(,SPRGTWlo 8' Z)13- OPEAuTYPMC- AL 3N vV L(-li ')-Ar�ov_E NWL `-1) D - Lo A ►ER DE PT+-1 C-3.S 5) 6 - ROOF 0fLIP ec,0lnE� 02kP r"DC0r(z of crud=.Y _ PL4 j F0121 a 4N 0 rbu*Tttz�iE- l - mrGHELLE (iW Dtz^wl.vc, V?ATr, 6j�tt(, ze" SCt+LC J"= ZO Feet I=Uts_ / &euio /,r gc(krww,,, J v m n m_ 0 m n� v 143' r-uT� 120' V�04- MOXT OXE-* PtErr, Comas SECFI C�K CRAW INCv -�-- r�xaet'mbsJS� PVAiUPT r �q iNL �V .� .— WAS f�xJjj'z5lot Received Vrxv d DCM-EC (,E 3 OFF �2 /TA-(( fx�Oas h /? rn ��riNw wa_� 311Aj GiaVp,4 " weed hales eve! 8 -_ 11' OA qiwllw�11�111�..Y�Ow I i�Y iw..I y1«Ix-57 �A7T3 Nok�taNTQ.�. a'xG��x�� FAGNG i�s`C�j A (Z ° f Elp"JI46 o5n) A ; (a 101 p - -rOT-tN6� WALL hl�L Received MAY .9�- 1LI-15 ®�ls9�p-EC DCM Coordinator: Sea! S Permit #: MAILING DISTRIBUTION SHEET Agents: DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City' Washington Wilmington US ACOE Offices: Washington: Raleigh Bland William Westcott (NC DOT) Bill Biddlecome (NC DOT) Wilmington: Tyler Crumbley Liz Hare Cultural Resources: Renee Gledhill -Early Public Water Supply: Heide Cox (WIRO) Joey White (WARO) DCM/ Shane Staples Fisheries Specialist Gregg Bodnar NC DOT: Ben Hughes DMF/ Shellfish Sanitation: Shannon Jenkins State Property: Tim Walton Water Resources: Karen Higgins (Raleigh) John Hennessy (NC DOT) Washington: Anthony Scarbraugh-401 Wilmington: Joanne Steenhuis — 401 Chad Coburn - 401 DEMLR Washington: Scott Vinson-Stormwater Wilmington: Georgette Scott- Stormwater Wildlife Resources: Maria Dunn LPO: Fax Distribution: Permitee Agent #:. SAV .• F� dr, lBarber Property Google earth' N zo+s Go,,, - 3000 ft Coastal Management ENVIRONMENTAL QUALITY July 21, 2016 Anthony & Michelle Barber 251 Grassy Point Rd. Hertford, N.C. 27944 Dear Sir or Madam: PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary BRAXTON 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, C v fluglas V. Hu eW Major Permits Manager N.C. Division of Coastal Management Nothing Compares_ Stale of North Carolina I Environmental Quality I Coastal Management 400 Commerce Avenue I Morehead City, NC 28557 252-808-2808 T (5 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Anthony and Michelle Barber 2. LOCATION OF PROJECT SITE: 251 Grassy Point Road (Private Road), off of Camp Cale Road (SR #1357), Perquimans County, on the Perquimans River. Photo Index: 2006: 160-6845 E13 & F13 2000: 160-1755 E13 1995: 160-1643 E4 & F4 1989: Not Shown 1984: Not Shown State Plane Coordinates: X: 2746054.809ftUSE Y: 1973654.722ftUSN 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit: April 29, 2016 Was Applicant Present: Yes 5. PROCESSING PROCEDURE: Application Received Complete: May 2, 2016 Office: Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan: Perquimans County LUP Land Classification: Residential (B) AEC(s) Involved: EW, PTW & ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing: Septic Planned: None (F) Type of Structures: Existing: Residence and riprap along —358' of shoreline. Planned: Pier, finger piers, platform, boathouse with lift , PWC lift, double kayak lift/elevator, tie pilings, and a retaining wall. (G) Estimated Annual Rate of Erosion: 0' 7. HABITAT DESCRIPTION: DREDGED FILLED SHADING (A) Shallow Water Bottom: EW & PTW 1,991 (B) High Ground: ES 14,692sf (C) Other: N/A RE EIVF0 (D) Total Area Disturbed: 16,683sf or .38 Acres- (E) Primary Nursery Area: No (F) Water Classification: SC Open: No DCM- MHC 8. PROJECT SUMMARY: The applicant is proposing to construct a 100' pier with a boathouse, covered platform, uncovered platform, 3 finger piers, 4 tie pilings, a double kayak lift/elevator, a PWC lift, and a 115' long retaining wall. Development will also include adding sand fill to an existing beach from the proposed retaining wall to a point approximately 5' landward of normal water level. Anthony and A. Michelle Barber Field Investigation Report Page 2 Project Setting The applicant's property is located at 251 Grassy Point Road, in Hew Hope Township, Perquimans County, along the Perquimans River. The nearest State Road is Camp Cale Road SR #1357. The property consists of 14.8 acres, with 601' of shoreline, of which —358 has been riprapped. Riprap, placed by the developer, has been displaced by wave action in some areas due to the steep angle of placement. The shoreline along approximately 180' has a bluff 6' to 8' above normal water level along There are no other structures. in the water associated with the applicant's property. The shoreline tapers and forms a small sandy beach. The average elevation of the property is approximately 6' above normal water level, with most of the property being outside of a flood zone. Water depths graduate from 0' at the shoreline to -3.5' at a distance 100' offshore. Soil classification of the property is Ro, Roanoke silt loam, which is a level poor draining soil. Grassy Point is a six lot residential subdivision zoned RA (residential agricultural) by the County Planning Department. There are currently three developed lots within the subdivision, one on either side of the applicant. Located to the north of the subdivision is Whitehat Road, which is also developed for residential uses along the water, and to the south is a Baptist summer camp and conference center (Camp Cale). Development on the applicant's property has been limited to a residence and associated infrastructure. There is known submerged aquatic vegetation (SAV) habitat along the shallow waters of the Perquimans River, as shown on SAV maps. The exact location of vegetation is subject to change season to season, as well as the species. Vegetation found along the applicant's shoreline consists of widgeon grass (Ruppia maritima). Located south of the project area, and not within the proposed work area, is a small non -coastal wetland. There are significantly larger areas of wetlands on the property -across Grassy Point Road, well outside of any proposed development. Vegetation on the property includes, but is not limited to, loblolly pine (Pinus taeda), bald cypress (Taxodium distichum), red maple (Acer rubrum), greenbrier (Smilax rotundifolia), groundsel tree (Baccharis halimifolia), carolina jasmine (Gelsemium sempervirens), cat brier (Smilax rotundifolia), poison ivy (Toxicodendron radicans), pennywort (Centella asiatica), soft rush (Juncus effuses), arrow arum (Peitandra virginica) duck potato (Sagittaria latifolia), caric sedge (Carex spp.), and a variety of ornamental shrubs and domestic grasses and weeds. There are no known geologic formations or archaeological sites associated with the applicant's property. Development Proposal The applicant's, Anthony and (Ann) Michelle Barber, propose the following development: 1) Pier and docking facility that will include the construction of a pier, platforms (covered and uncovered), a boathouse, three finger piers, a double kayak elevator (photo in application packet), a PWC lift, and fourtie pilings, 2) a retaining wall with backfill for erosion control, and, 3) the placement of clean sand fill 5' from normal water level to replenish an existing beach area. Anthony and Michelle Barber Field Report Page 3 Development proposed by the applicant is as follows: 1) Pier: 6' x 100' over open water 2) Walkway: 6' x -25' over high ground to the retaining wall 30sf (120sf overlaps fill area noted in 11) below & not added into this total) 3) Covered Boathouse: 14' x 32' over open water - (31 sf overlapping pier) 4) Covered Platform/deck: 12' x 15' over open water + (add 10sf for roof overhang) 5) Open "L" platform/deck: 11' x 25' 5' x 24' 6) Three finger piers: 2' x 17' 3' x 20' 4' x 20' 7) Kayak elevator lift: 10' x 20' 8) PWC Lift: 3' x 5' 9) Four tie pilings for an open boat slip 10) 115' retaining wall with high ground disturbance 95' x-127.5"' 11) Sand fill along shore to replenish beach area 20' x-127.5' High Ground Fill = 12,112sf 2 550sf -14,692sf _157i Open water Shading = 1 991sf Total = 16,683sf The total area of platforms (including the kayak elevator/ lift) and finger piers will include five separate elements totaling 959sf. The applicants are also proposing to install a -12' x 12' boatlift in the proposed boathouse. No side walls are proposed on the boathouse. The pier and docking facility, if approved, will be for the private use of the Barber family who currently own a 24' tri-tube pontoon boat, a small paddle boat and five ocean kayaks. Anticipated Impacts 1) Project will result in the shading of 1,991of open water from the pier, boathouse, lifts, finger piers and platforms. 2) High ground fill and grading will total-14,812sf. 3) The proposed development will temporarily disrupt animal populations within adjacent waters and the project area. 4) Installation of pilings for the proposed piers may result in temporally suspending sediments in the water. 5) During the project construction it is anticipated that noise levels may periodically increase above surrounding background (ambient) levels from heavy equipment. 6) Treated wood leaches over time in surrounding waters and sediment. The amount of leaching is dependent on the type of organic material present in the water bottom substrate, oxygen levels and water movement; however, it is estimated that 90% of the leaching will occur within the first 90 days. RECEIVED Submitted By: Lynn Mathis MAY 11 2016 Date: May 5, 2016 DCM- MHD CITY (S DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD b A) APPLICANT: Anthony and Michelle Barber County: Perquimans LOCATION OF PROJECT: 251 Grassy Point Road (off of Camp Cale Road), on Perquimans River DATE APPLICATION RECEIVED COMPLETE BY FIELD REP: 05/02/2016 FIELD RECOMMENDATION: Attached: YES To Be Forwarded: NO r CONSISTENCY DETERMINATION: Attached: NO To Be Forwarded: YES I _ ` FIELD SPECIALIST: Lynn Mathis DISTRICT OFFICE: Elizabeth City DISTRICT MANAGER REVIEW: Date: S / B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $ 250 (100%) PUBLIC NOTICE REC'D: Advertise: 05/18/2016 END OF NOTICE DATE: Comments due: 06/07/2016 ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: APPLICATION ASSIGNED TO: s fah rLG ON:I C) 75 DAY DEADLINE: 07/16/2016 MAIL OUT DATE: Circulation: 05/09/2016 FEDERAL DUE DATE: 150 DAY DEADLINE: STATE DUE DATE: Comments due: 05/30/2016 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 2 A Coastal Management - LUP Consistency I�XZ3 U Division of Community Assistance L Land Quality Section--DEMLR �( - DWR/DWQ— Aquifer Protection r� Ik �yMwuf VWV- Ill t (� DWR/DWQ - Storm Water DWR—Public Water Supply it � A— State Property Office RQ a Vn jVI.Q KiL Division of Archives & History —Cultural Res. &41h4lff Division of Env. Health —Shellfish Sanitation 5 213 Division of Highways --DOT Wildlife Resources Commission 13 X VCdAI0- Q lr' \. S l Local Permit Office/Planning Dept. DMF—DCM Fisheries Resource Specialist rr J 2� (f rC C Corps of Engineers (j (? x ap TO 6 DCM- MHD CITY %j PAT MCCRORY DONALD R. VAN DER VAART Environmental Quality MEMORANDUM TO: Courtney Spear, Assistant Major Permit Coordinator THROUGH: Frank Jennings, District Manager FROM: Lynn Mathis, Field Specialist DATE: May 5, 2016 SUBJECT: Anthony and Michelle Barber The applicants, Anthony and Michelle Barber, owners of a residence at 251 Grassy Point Road in Perquimans County, propose the following development:1) Pier and docking facility that will include the construction of a pier, platforms (covered and uncovered), a boathouse, three finger piers, a double kayak elevator (photo in application packet), a PWC lift, and four tie pilings, 2) a retaining wall with backfill for erosion control, and, 3) the placement of clean sand fill 5' from normal water level to replenish an existing beach area. The pier and docking facility, if approved, will be for the private use of the Barber family who currently own a 24' tri-tube pontoon boat, a small paddle boat and five ocean kayaks. 15A NCAC 07H .0208 USE STANDARDS (a) General Use Standards (3) When the proposed development is in conflict with the general or specific use standards set forth in this Rule, the CRC may approve the development if the applicant can demonstrate that the activity associated with the proposed project will have public benefits as identified in the findings and goals of the Coastal Area Management Act, that the public benefits outweigh the long range adverse effects of the project, that there is no reasonable alternate site available for the project, and that all reasonable means and measures to mitigate adverse impacts of the project have been incorporated into the project design and shall be implemented at the applicant's expense. Comment: The proposal is not in conflict with the general or specific use standards. 15 NCAC 07H .0208 USE STANDARDS (b)Special Use Standards (6) Piers and Docking Facilities. (A) Piers shall not exceed six feet in width. Piers greater than six feet in width shall be permitted only if the greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur; Consistent: Proposed pier is six feet in width and the finger piers are 3' and 5' in width. (B) The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be eight square feet per linear foot of shoreline with a maximum of 2,000 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. Projects requiring dimensions greater than those stated in this Rule shall be permitted only if the greater dimensions are necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. Size restrictions shall not apply to marinas; Consistent: The total area of shading by the proposed finger pier will be 1,391sf. = Nothfng Compares— RECEIVED State of North Carolina I Environmental Quality MAY 112016 1367 US Hwy 17 South I Elizabeth City, INC 27909 252-264-3901 1 252-264-3723 [fax] An Equal Opportunity \ Affirmallve Action Employer DCM- MHD CITY Anthony and Michelle Barber Recommendations Page 2 I (C) Piers and docking facilities over coastal wetlands shall be no wider than six feet and shall be elevated at least three feet above any coastal wetland substrate as measured from the bottom of the decking; Consistent: NIA (D) A boathouse shall not exceed 400 square feet except to accommodate a documented need for a larger boathouse and shall have sides extending no farther than one-half the height of the walls and covering only the top half of the walls. Measurements of square footage shall be taken of the greatest exterior dimensions. Boathouses shall not be allowed on lots with less than 75 linear feet of shoreline. Size restrictions do not apply to marinas; Consistent: The proposed boathouse will be 448sf, of which 31sf will overlap the proposed pier. The size provides a comfortable fit for a Tri-tube pontoon boat. (E) The total area enclosed by an individual boatlift shall not exceed 400 square feet except to accommodate a documented need for a larger boat lift; Consistent: Boatlift will be in a boathouse and will not exceed 400sf. (F) Piers and docking facilities shall be single story. They may be roofed but shall not be designed to allow second story use; Consistent: Single story proposed. (G) Pier and docking facility length shall be limited. Consistent: The length will not exceed the length of adjacent piers. (H) Piers or docking facilities longer than 400 feet shall be permitted only if the proposed length gives access to deeper water at a rate of at least 1 foot each 100 foot increment of length longer than 400 feet, or, if the additional length is necessary to span some obstruction to navigation. Consistent: The pier will be less than 100'. (1) Piers and docking facilities shall not interfere with the access to any riparian property and shall have a minimum setback of 15 feet between any part of the pier or docking facility and the adjacent property owner's areas of riparian access. Consistent: The docking facility will be set back greaterthan 100' forthe nearest property. (J) Applicants for authorization to construct a pier or docking facility shall provide notice of the permit application to the owner of any part of a shellfish franchise or lease over which the proposed dock or pier would extend. The applicant shall allow the lease holder the opportunity to mark a navigation route from the pier to the edge of the lease. Consistent: The pier location does not involve any shellfishing franchise. 15A NCAC 07H .0209 COASTAL SHORELINES (d) Use Standards (10) Within the Coastal Shorelines category (estuarine and public trust shoreline AECs), new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of the following: (A) Water -dependent uses as described in Rule 07H .0208(a)(1) of this Section; Consistent: The proposed retaining wall is an erosion control structure that is considered a water dependent structure. Site visit by staff confirmed signs of erosion within the area were the retaining wall is proposed. RECEIVED MAY 11 2016 DCM- MHD CITY Anthony and Michelle Barber Recommendations Page 3 Based on this rule review I would like to recommend approval of the applicant's request subject to the following conditions: 1) Install erosion control structures until all disturbed areas are vegetated. 2) Standard conditions for docks and piers. 3) Install reflectors on the end of the piers and boathouse. RECEIVED MAY 11 2016 �7 DCM- MHD CITY N Coastal Management ENVIRONMENTAL OUALITT May 9, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Gowmor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director Charlan Owens, District Planner Division of Coastal Management Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Anthony & Michelle Barber 251 Grassy Point Road in Perquimans County Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are 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 V W4r f+e» DATE 9-411-IG -^"Nothing Compares State of North Caroline I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] RECEIVED MAY 2 3 2016 DCM- MHD CITY PAT MCCRORY Govemor �, J !; DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management Dimclor ENVIRONMENTAL QUALITY MEMORANDUM TO: Courtney Spears, Asst. Major Permits Coordinator Division of Coastal anagement FROM: Charlan Owen ICP, District Planner Division of Coastal Management SUBJECT: Major Permit Request by Anthony and Michelle Barber to install a 6 foot wide by 100 foot long pier with an 11 foot by 25 foot uncovered platform and 5 foot wide by 24 foot long walkway, a 12 foot by 15 foot covered platform, a 14 foot by 32 foot boathouse with a 12 foot by 12 foot boat lift, a 2 foot by 17 foot finger pier, a 3 foot by 20 foot finger pier, a 4 foot by 20 foot finger pier, a 10 foot by 20 foot double kayak elevator, a 3 foot by 5 foot personal watercraft lift, and four (4) tie pilings; construct a 115 foot long retaining wall with backfill for erosion control and a 6 foot wide by 25 foot long walkway, and; place clean sand fill 5 feet from NWL to replenish a 125 foot long and 20 foot deep area of the existing beach; along the Perquimans River on the property at 251 Grassy Point Road, in New Hope, Perquimans County. Date: May 19, 2016 Consistency Determination: The request is consistent with/not in conflict with the Perquimans County / Town of Hertford / Town of Winfall Land Use Plan (LUP) certified by the CRC on February 10, 2016. Overview: The 14.8 acre subject property has approximately 601 linear feet of shoreline along the Perquimans River. Approximately 180 linear feet of shoreline has a 6 to 8 foot bluff above Normal Water Level (NWL). A sand beach and a Section 404 wetland are located along small portions of the shoreline. Water depths range from 0 at the shoreline to -3.5 feet a distance of 100 feet offshore. Site elevations average 6 feet above NWL. Except for area along the shoreline, a majority of the property is located outside of a floodzone. Existing site improvements consist of a single-family house and associated infrastructure. Existing shoreline improvements consist of approximately 358 linear feet of riprap which has been displaced in some areas due to the steep angle of placement. Grassy Point Road is a gravel road that runs parallel to the shoreline and across the subject property, approximately 295 feet to 417 feet from the shoreline. All existing site and shoreline improvements are located west of the road. Installation of a 6 foot wide by 100 foot long pier with an 11 foot by 25 foot uncovered platform and 5 foot wide by 24 foot long walkway, a 12 foot by 15 foot covered platform, a 14 foot by 32 RECEIVED ""Nothing Compares State of North Carolina I Environmental Quality I Coastal Management MAY 2 3 2016 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 2 of 6 foot boathouse with a 12 foot by 12 foot boat lift, a 2 foot by 17 foot finger pier, a 3 foot by 20 foot finger pier, a 4 foot by 20 foot finger pier, a 10 foot by 20 foot double kayak elevator, a 3 foot by 5 foot personal watercraft lift, and four (4) tie pilings; construction of a 115 foot long retaining wall with backfill for erosion control and a 6 foot wide by 25 foot long walkway, and; placement of clean sand fill 5 feet from NWL to replenish a 125 foot long and 20 foot deep area of the existing beach are proposed. The retaining wall and walkway will be located on high ground. The waters of the Perquimans River in this area are classified as Class SC waters and are closed to shellfish taking. There is known submerged aquatic vegetation (SAV) habitat along the shallow waters of the river. Based on available information, there are no known geologic formations or archaeological sites associated with the property. Anticipated impacts resulting from this project are expected to include: the shading of 1,991 sq. ft. of Public Trust Area/Estuarine Waters Areas of Environmental Concern (AECs) and the filling of .34 acre of Estuarine Shoreline AEC. No wetland impacts are proposed. Basis for Determination: The property is designated as "Residential Agricultural" on the Perquimans County Future Land Use Map (FLUM). As indicated on Page IX-34 "(t)he precise location of protected/regulated areas that have a conservation or open space connotation such as coastal wetlands, estuarine waters, estuarine shoreline, pubic trust areas, and Section 404 wetlands must generally be determined by field investigation on a case by case basis. These areas, scattered throughout the County and generally found along creeks and rivers, are not individually identified on the future land use map." Specific to Water Quality policies WQ#2, WQ9# and WQ#10 included below, these policies may conflict with recent legislation (House Bill 44 Session Law 2015-246 RIPARIAN BUFFER REFORM) which impacts the ability of local governments to enact, implement or enforce a riparian buffer or setback for water quality protection that goes beyond the requirements of state or federal law or an approval issued by a State or federal agency. For this reason, the Division will not be enforcing more restrictive local government riparian buffer requirements. The following LUP policies may be applicable to this request: Public Access: Policy PA #7, Page IX-6. "Perquimans County, Hertford, and Winfall shall continue to provide for the RECEIVED diverse recreational needs of the permanent and seasonal populations by MAY 2 3 2016 I'NothingCompares . DCM- MHD CIT State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 3 of 6 supporting the design and construction of waterfront areas in a manner that balances water access needs with the protection of fragile natural resources." Policy PA #8, Page IX-7. "Perquimans County, Hertford, and Winfall support the provision of permanent moorings in the area to provide safe and efficient docking and boat storage opportunities to local residents." Natural Hazard Area: Policy NHA #1, Page IX-1 3. "Perquimans County, Hertford, and Winfall support conserving the natural resources and fragile environments that provide protection from natural hazards such as floods and storm surges." Policy NHA #2, Page IX-13. "Perquimans County, Hertford, and Winfall support minimizing the threat to life, property, and natural resources that may result from land use and development within or adjacent to identified natural hazard areas." Policy NHA #3, Page IX-1 3. "Perquimans County, Hertford, and Winfall will continue to coordinate all development within the special flood hazard area with the Planning and Inspections Department, NC Division of Coastal Management, FEMA, and the U.S. Army Corps of Engineers." Policy NHA #8, Pages IX-13 and IX-14. 'Perquimans County, Hertford, and Winfall shall maintain flood damage prevention requirements that: • restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; • control the alteration of natural floodplains, stream channels, and natural and protective barriers which are involved in the accommodation of floodwaters; RECEIVED ---"othing Compares MAY 2 3 2016 State of North Carolina I Environmental Quality I Coastal Management D C M- M H D CITY 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM Page 4 of 6 control filling, grading, dredging and other development which may increase erosion of flood damage; and, prevent or regulate the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards to other lands." Policy NHA #9, Page IX-14. "Perquimans County, Hertford, and Winfall support the CAMA development permit process for estuarine shoreline areas and the requisite development standards which encourage both shoreline stabilization and facilitation of proper drainage." Policy NHA #12, Page IX-14 "Perquimans County, Hertford, and Winfall will allow development and redevelopment within special flood hazard areas subject to the provisions and requirements of the National Flood Insurance Program, CAMA regulations, and the County's floodplain ordinance." Water Quality: Policy WQ #2, Page IX-14. "Perquimans County, Hertford, and Winfall shall require, as appropriate, subdivision developments to control and treat the storm water runoff generated by a 1.5-inch rain event and that all buildings or related structures within waterfront subdivisions be set back 50 feet from the shoreline." Policy WQ #9, Pages IX-15 and IX-16. "Because of water quality concerns, only limited construction will be allowed within a landward buffer (provided in accordance with locally adopted best management practices) of the mean high water mark on subdivision lots with adjoin the Little River, Perquimans River, Yeopim River, the Albemarle Sound, or their impoundment waters and tributaries. The landward buffer shall not contain any buildings or related structure, such as decks, paved patios, or utility sheds. The primary use of this area is the growth of natural vegetation such as grassed lawn. The only structure permissible within the waterfront set -back area is an elevated pier of wood construction constructed to provide access to the water. On -site septic systems and nitrification lines are also prohibited from the required setback area. The locations of buildings or related structures, such as decks, ^' Nothing Compares MAY 2 3 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 D C M — nr+ � a -- North Carolina Department of Environmental Quality Division of Coastal Management MEMORANDUM / Page 5 of 6 1 paved patios, or utility sheds in new developments shall be subject to the more or less stringent provisions of any applicable State law. Policy WQ #10, Page IX-16. "Perquimans County, Hertford, and Winfall, in order to minimize sedimentation and erosion, shall require that all development maintain a vegetated buffer along each side of a stream or natural drainage way. The vegetated buffer shall remain undisturbed except as may be necessary to accommodate roads, utilities and their easements, pedestrian paths and their easements and approved water - dependent uses such as marinas, docks, piers, boat ramps and bridges. In cases which the buffer may not be practical or desirable, the Board of Adjustment may consider a special exception if it finds that an acceptable alternative means of handling storm water can be achieved without maintaining a vegetated buffer." Areas of Environmental Concern: Policy AEC #1, Page IX-16. "Perquimans County, Hertford, and Winfall support State and Federal law regarding land use and development in Areas of Environmental Concern." Policy AEC #2, Page IX-16. "Perquimans County, Hertford, and Winfall will permit, within AEC, those land uses which conform to the general use standards of the North Carolina Administrative Code (15 NCAC 7H) for development within the estuarine system. Generally, only those uses which are water -dependent will be permitted in coastal wetlands, estuarine waters, and public trust areas. Examples of permitted water -dependent uses included utility easements, docks, boat ramps, bulkheads, dredging, bridges and bridge approaches, revetments, culverts, groins, navigational aids, mooring pilings, navigational channels, simple access channels, and drainage ditches." Policy AEC #3, Page IX-16. "Perquimans County, Hertford, and Winfall will restrict development in estuarine waters and public trust waters to those uses which will not cause significant degradation of the natural function nor condition of estuarine waters and public trust areas." RECEIVED MAY 2 3 2016 -:`a^ Nothing Compares DC M- M H ® CITY State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 North Carolina Department of Environmental Quality MEMORANDUM CS Division of Coastal Management Page 6 of 6 Policy AEC #6, Pages IX-16 and IX-17. "Perquimans County, Hertford, and Winfall will ensure that water dependent development activities such as marinas including upland marinas occur in compliance with local, State and Federal regulations and to discourage non - water dependent uses especially floating home developments in public trust waters." Local Areas of Concern: Policy LAC #9, Page IX-18 and IX-19. "Perquimans County, Hertford, and Winfall will adopt and enforce ordinances and procedures to regulate land use, development, and redevelopment and support applicable State and Federal laws and regulations regarding building, land uses and development in areas of environmental concern to help preserve, protect, and enhance the Perquimans River, Little River, Yeopim River, and Albemarle Sound. Perquimans County and its towns support continued management of these shorelines and their attendant wetlands and shores to protect and preserve the natural resources of the water and shoreline, relying primarily on the Division of Coastal Management's permitting and enforcement program of the State's Coastal Area Management Act (CAMA), the Dredge and Fill Law, and the Federal Coastal Zone Management Act of 1972 in designated areas of Areas of Environmental Concern (AEC)..." Policy LAC #13, Page IX-19. "Perquimans County, Hertford, and Winfall support conserving the natural and cultural resources for recreational enjoyment." Policy LAC #22, Page IX-21. "Perquimans County, Hertford, and Winfall support State and Federal programs which lead to improvements of the quality of life of area residents and lessen the burdens of local government such as: highway construction and maintenance, channel maintenance, aviation enhancement, environmental protection, education, health and human services." MAY 2 3 2016 DCM- MHD CITY -,'Nothing Compares —.- State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 I Coastal Management ENVIRONMENTAL OUALITY May 9, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Govemor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Lee Padrick Division of Community Assistance Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Anthony & Michelle Barber 251 Grassy Point Road in Perquimans County Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are 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? �i�G. --� DATE f RECEIVED !''Nothing Compares JUN 0 2 2016 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 252-264.3901Elizabeth54"3 3«] °' DC M_ M H D CITY PAT MCCRORY Gowmor •'' DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Coastal Management n,n•<Ynr ENVIRONMENTAL QUALITY May 9, 2016 MEMORANDUM TO: Richard Peed, Erosion & Sedimentation Control Division of Energy, Minerals & Land Resources, WaRO FROM: Doug Huggett, Major Permits Coordinator Division of Coastal Management SUBJECT: CAMA Permit Application Review Applicant: Anthony & Michelle Barber Project Location: 251 Grassy Point Road in Perquimans County Proposed Project: Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Smears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. is agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. G This agency objects to the project for reasons described in the attached comments. f RECEIVED SIGNED DATE J o MAY 17 2016 DCM- MHD CITY — '- 'Nothing Compares State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-3901 1 252-264-3723 [11m] 6A Coastal Management ENVIRONMENTAL QUALITY May 9, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: RECEIVED MAY 11 2016 DOA STATE PROPERTY OFFICE Tim Walton, Manager State Property Office PAT MCCRORY Govemor DONALD R. VAN DER VAART secretary Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Anthony & Michelle Barber 251 Grassy Point Road in Perquimans County BRAXTON DAVIS Direclor Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. P e5/W_A)n4,'_ ✓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 DATE s/�Zf/L RECEIVED MAY 16 2016 -5 �NothingCompares� DCM- MI I® CI j Y State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] mg1020 Coastal Manc ENVIRONMENTAL May 9, 2016 MEMORANDUM TO: Renee Gledhill -Early NC Department of Cultural Resources R '.y FROM: Doug I luggett, Major Permits Coordinator Division of Coastal Management SUBJECT: Applicant: Project Location: Proposed Project: CAMA Permit Application Review Anthony & Michelle Barber 251 Grassy Point Road in Perquimans County PAT MCCRORY Gown ,.r D R. VAN DER VAART Secrelary BRAXTON DAVIS Dircclor Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears Assistant Major Permits Coordinator, 400 Commerce Avenue Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project; please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth continents with supporting data are 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 continents. SIGNEDP—C7 DATE 5• /6, -16 -�Nothing Compares.. , eef State ofNovlt Carolina l Environmental Qonlity I Coastal Management MAY d 1367 US Hwy 17 South I Ehmbah City, NC 27909 252-264-39011252-264-3723 IN,] 1� Coastal Management ENVIRONMENTAL OUALITV May 9, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: MAY 112016 PAT MCCRORY Gommor R. VAN DER VAART secretary BRAXTON DAVIS Director Shannon Jenkins Marine Fisheries — Shellfish Sanitation & Recreational Water Quality Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Anthony & Michelle Barber Project Location: 251 Grassy Point Road in Perquimans County Proposed Project: Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are 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 A== — DATE .5el'd 1� Fj5),k= 5"N.)eA) sF;it.)Kt1J9 RECEIVED —"Nothing Compares,.-, MAY 2 3 2016 State of North Cwolim I Enwonmental Quality I Coasw Management 1367 US Hwy 17 South I Elizabeth City, NC 279W DC M - M H D CITY 252-264-39011252-264-3723 [Fact Coastal Management ENVIRONMENTAL QUALITY May 9, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: PAT MCCRORY Governor DONALD R. VAN DER VAART secretary BRAXTON DAVIS Director Maria Tripp Dunn NC Wildlife Resources Commission Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Anthony & Michelle Barber 251 Grassy Point Road in Perquimans County Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are requested. REPLY: This agency has no objection to the project as proposed. /This agency has no comment on the proposed project. ZThis 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 RECEIVED /'Nothing Compares JUN 13 2916 State of North Carolina I Environmental Quality I Coastal Management 1367 US Hwy 2- 64-39 1 1252-2 4-37 3 [fax] 9 D C M- M H D CITY 252.264-3901252-264-3723 [fax] U ® North Carolina Wildlife Resources Commission Gordon Myers, Executive Director MEMORANDUM TO: Courtney Spears Division of Coastal Management North Carolina Department of Environmental Quality FROM: Maria T. Dutm, Coastal Coordinators Habitat Conservation Division DATE: June 9, 2016 SUBJECT: CAMA Dredge/Fill Permit Application for Anthony Barber, Perquimans County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project site is located at 251 Grassy Point Road adjacent the Perquimans River. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended, 16 U.S.C. 661 et seq.). The applicant proposes to construct a 100' pier with a boathouse, covered platform, uncovered platform, 3 finger piers, 4 tie pilings, a double kayak hft, a PWC lift, and a 115' retaining wall. The Perquimans River at this location is classified SC by the Environmental Management Commission The NC WRC has reviewed the permit application anal requests the size of the structure be reduced from its current proposal to minimize shading. This area is known to have submerged aquatic vegetation (SAV) and shading of the area would limit the ability of the vegetation to flourish. SAV provides important foraging and habitat opportunities as well as improves water quality, especially in AFSA systems. Reduction in the size of the uncovered platform could accomplish this reduction. We appreciate the opportunity to review and comment on this permit application. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunn(dd�ncwildlife.ore RECEIVED JUN 13 2016 CITY Telephone: (919)707-0220 • Far: (919) 707-0028 w '7 e. Coasta(Management ENVIRONMENTAL QUALITY May 9, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location: Proposed Project: 9 PAT MCCRORY Gowmar DONALD R. VAN DER VAART Seemrmy BRAXTON DAVIS Duvaor Shane Staples, Fisheries Resource Specialist Division of Coastal Management, WaRO Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Anthony & Michelle Barber 251 Grassy Point Road in Perquimans County Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears, Assistant Major Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are 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. <,- 'Nothing Compares. State on4orfh Carolina I Enironmevtal Quality I coastal Management 1367 US Hay 17 South 113liaake City, NC 27909 252-264-3901 1252-26a3723 Ifu] PAT MCCRORY DONALD R. VAN DER VAART CoasralManagenient ENVIRONMENTAL QUALITY MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Shane Staples, DCM Fisheries Resource Specialist SUBJECT: Anthony & Michelle Barber DATE: 5/27/16 .-wenow". BRAXTON DAVIS 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 construct a 100' pier with a boathouse, covered and uncovered platform, 3 finger piers, 4 tie pilings, a double kayak lift, a PWC lift, and a 115' retaining wall. Also proposed with the project is th addition of sand to an existing beach area. The pier, platform, and slips will result in a shade area of 1,991ft2. The proposed development is along the banks of the Perquimans river in an area of mapped SAV (submerged aquatic vegetation) habitat. Depths provided with the application for the proposed boat lifts and mooring areas seem sufficient for boating access in an area of SAV habitat. However the proposed platform and boathouse will shade an excess area of SAV habitat. Limiting light to the bottom in this type habitat will limit the growth of SAV under and around the structure. It is requested that the area of the platform proposed be reduced to Show some reduction and minimization of negative impacts (shading) to this important fish habitat. As designed one of the best places to show reduction in shading impacts would be on the shallower landward side of the platform; referred to "uncovered deck" in the drawings provided with the application. Contact Shane Staples at (252) 948-3950 or shane.staoles@ncdenr.aov with further questions or concerns. Nothing Compares State of North Carolina I Environmental Quality I coastal Mmegenent Address 1 I Address 2 1 Ltiy, State ZIP 0000aoa000 T n PAT MCCRORY DONALD R. VAN DER VAART .' Water Resources S. JAY ZIMMERMAN ENVIRONMENTAL QUALITY May 17,.2016 Dwdor ' DWR Project # 2016-0477 Perquimans County Anthony and Michelle Barber 251 Grassy Point Road Hertford, NC 27944 Subject P.ropert : NO WRITTEN CONCURRENCE REQUIRED 251 Grassy Point.Road, Hertford, NC —(on Perquimans River) Pier, Boathouse, Platforms, Finger Piers, Pilings, Lifts, Retaining Wall; Fill Dear Mr: & Mrs. Barber: The Division of Water Resources (DWR) has received a copy of your CAMA Major application. DWR issues . approval'in the form of a -Water Quality Certification (WQC) in conjunction with'the CAMA Major Permit-. and General Permits) 198000291 issued by the US Army Corps of Engineers (USACE). This Certification allows you to use the CAMA Major Permit.whenthe Division of Coastal Management issues 'it. , ..In accordance with the attached General Certification #3900 (GC 3900), the impacts described in your application do not require written authorization to utilize GC 3900. However,,you are required to follow the conditions. listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) . erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and.4'of General Statute 1508 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 htto://www.n6oAh.tom/'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 fled with the OAH. A petition is considered filed when the original and. one (1) copy along with any applicable OAH filing fee is received . in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding . official state holidays). The petition maybe faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along.with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. State of North Carolina I Eavironmental'Qualiy I WaterResouraes—WaterQualiy Regional Operations—Wasbington Regional Oflim 943 Waahi*on SgamMA WasWagton,NC27889 252-M-6481 �S. Anthony and Michelle Barber DWR# 2016-0477 401 AND BUFFER APPROVAL Page 2. of 2 ' Mailing addressforthe OAH: &ending-viq-US kastal-Service (sending-via-delwery-service-(UAS, FedE-x etc.):' . Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 2711 New Hope Church Road . Raleigh, NC 27699-6Z34 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: Sam H'.'Hayes, General Counsel ' Department of Environmental.Quality 1601 Mail Service Center Raleigh; NC 27699-1601 This letter completes the review of the Division under section 401 of the Clean Water. Please contact Don Burke at 252-948-3966 or don.burke@ncdehr:aov if you have any questions or concerns. ' Sincerely, Robert Tankard,Assisfa tRegibnaISupervisor Water Quality Regional Operations Section Division of: Water Resources, NCDEQ Attachments: GC 3900 Certification of Completion cc: Raleigh Bland, USACE Washington Regulatory Field Office Courtney Spears, DCM Morehead City Office Kelly Russell, DCM Elizabeth City Office WaRO DWR File Laserfiche i. i i I :eived '751 �`sr Luc.-ruPzaP � vzvlG t�c�nt (99'%12T.9 Ix�112 W) � J J' W�, L Plr?i?nG'YEGET6ft�at Coastal Management ENVIRONMENTAL QUALITY May 9, 2016 MEMORANDUM TO: FROM: SUBJECT: Applicant: RECEIVED MAY 12 2016 ,wvl"s r-k WO.sO7 PAT MCCRORY Cmenlor DONALD R. VAN DER VAART .wremry BRAXTON DAVIS DuTdor Samir Dumpor, Environmental Engineer II Division of Energy, Minerals & Land Resources - Coastal Stormwater Doug Huggett, Major Permits Coordinator Division of Coastal Management CAMA Permit Application Review Anthony & Michelle Barber Project Location: 251 Grassy Point Road in Perquimans County Proposed Project: Pier, boathouse, platforms, finger piers, pilings, lifts, retaining wall, fill Please indicate below your agency's position or viewpoint on the proposed project and return this form by 05/30/16 to Courtney Spears, Assistant Maior Permits Coordinator, 400 Commerce Avenue, Morehead City, NC 28557 (fax: 252-247-3330). If you have any questions regarding the proposed project, please contact Lynn Mathis at (252) 264-3901. When appropriate, in-depth comments with supporting data are, 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 DATE c �t�T� 7-z�2�rything mparZNIUres_.+A12 � ec<—� 2u/�2rl�rtil� ^''No _ State ofNanh Carolina I Environmental Qual ty I Coastal Management 1367 US Hwy 17 South I Elizabeth City, NC 27909 252.264-39011252-264-3723 [fax) CS Energy, Mineral ,and Land Resources ENVIRONMENTAL QUALITY Anthony and Michelle Barber 251 Grassy Point Road Hertford, NC 27944 c5 PAT MCCRORY Gavemar DONALD R.. VAN DER VAART Secretary i TRACY DAVIS Director June 8, 2016 Subject: Stormwater Permit Exemption Stormwater Project No. SW7160507 Anthony and Michelle Barber LAMA Perquimans County Dear Mr. and Mrs. Barber: On May 12, 2016, the Washington Regional Office of the Division of Energy,, Mineral, and Land Resources received a copy of your CAMA Major application for proposed pier, boathouse, platforms, finger -piers, pilings, lifts and retaining waliconstruction project, located at 251 Grassy Point Road in Perquimans County, NC. Staff review of the plans and specifications has determined that the project, as proposed, consists of activities that will not pose surface water quality threats from stormwater runoff since no new impervious area is proposed. The Director has determined that projects that are reviewed and approved by the Division as not posing water quality threats from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H'A000. For this reason, we are informing you by way of this letter that your project will not require a State Stormwater management permit at this time. The stormwater rules require the Division to permit the common plan of development, therefore, any future development on the property, regardless of whether a SEC plan or CAMA Major permit is also required, will require a Stormwater Management Permit application and permit issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any construction on the subject site, prior to receipt ofthe .required permit, will constitute a violation of 15A NCAC 2H.1000 and may result in appropriate enforcement actions by this Office. Please keep in mind that this determination does not affect your legal obligation to obtain other permits and approvals, which may be required by Federal, State, or local government agencies, rule or law. If you have any questions, or need additional information concerning this matter, please contact me at (252) 946-6481. Sincerely, Samir Dumpor, PE Regional Engineer sd: G:\SD\Exemptions\SW7160507 cc: Doug Huggett, DCM Washington Regional Office State orNonh Carolina I Eavhmunental Quality I Energy, Mineral and Land Resources 943 Washington square Mall. I Washington, NC 27889 252-946-6481 T Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Goverror I01111J:\Role :#%� �7�1t��L71 1J1 Secretary S. JAY ZIMMERMAN Director MEMORANDUM: To: Courtney Spears Assistant Major Permits Coordinator Coastal Management Division 400 Commerce Avenue Morehead City, NC 28557 From: Clif Whitfield, Environmental Engineer, PWSS/WaRO Date: May 9, 2016 Subject: CAMA Permit Application Review Applicant: Anthony 8r Michelle Barber Project Location: 251 Grassy Point Road in Perquimans County Proposed Project: Pier, boathouse, plafforms, finger piers, pilings, lifts, retaining wall, fill REPLY: This office has no objection to the project as proposed. X This office has no comment on the proposed project. This office approves of the project only if the recommended changes are incorporated. See attached. This office objects to the project for reasons described in the attached comments. SIGNED �� ��/1�� DATE 5 16-2016 RECEIVED MAY 18 2016 DCM- MHD CITY State of North Carolina I Environmental Quality I Water Resources Public Water Supply Section I Washington Regional Office 943 Washington Square Mall I Washington, North Carolina 27889 252 946 6481 1 Fax 252 948 0040 1 www.nmater.org(pws/ q Spears, Courtney From: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Sent: Friday, July 15, 2016 7:41 AM To: Spears, Courtney Subject: RE: 3 CAMA Reviews Courtney, We have resolved the violation on the Phillip Carawan property and waiting to see if they want to revise their mitigation plan. I will have you something asap on that. Mark Weitzel SAW 201601061 Anthony Barber SAW 201601059 Thanks Courtney! PGP 198000291 PGP 198000291 -----Original Message ----- From: Spears, Courtney [mailto:courtney.spears@ncdenr.gov] Sent: Wednesday, July 06, 2016 10:34 AM To: Bland, Raleigh W SAW <Raleigh.W.Bland@usace.army.mil> Subject: [EXTERNAL] 3 CAMA Reviews Hi Raleigh, Your Date Your Date We are coming up on our 75 day deadlines for the following projects and I was hoping to see where you were in your review: Mark Weitzel (Beaufort) Phillip Carawan (Tyrrell) Anthony and Michelle (Perquimans) 11 Coastal Management ENVIRONMENTAL QUALITY May 9, 2016 Anthony and Michelle Barber 251 Grassy Point Road Hertford, NC 27944 Dear Mr. and Mrs. Barber: PAT MCCRORY Gowmnr DONALD R. VAN DER VAART Seenlary BRAXTON DAVIS Unedor The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located in Perquimans County. It was received complete on May 2, 2016, and appears to be adequate for processing at this time. The projected deadline for making a decision is July 16, 2016. 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 May 2, 2016, 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. RECEIVED MAY 112016 - � Nothing Compares -- Staft of North C.rofin.I raYiromeRtaI Quality I Coastal MaRa°ment D C M — M H D CITY 1367 US Hwy 17 South I Elizabeth City. NC 27909 252-264-39011252-264-3723 [fax] Anthony and Michelle Barber May 9, 2016 Page 2 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 Lynn Mathis, Field Specialist, if you have any questions and or if you wish to receive a copy of her field report. Sincerely, x Zit_ Frank Jen ings District Manager, Northeastern District NC Division of Coastal Management FJ/yc Enclosure cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City, NC Lynn Mathis, Field Specialist, DCM, Elizabeth City, NC lyd LAMA PERMIT APPLIED FOR PROJECT: construct a 100' pier with a boathouse, covered & uncovered platform, 3 finger piers, 4 tie pilings, a double kayak lift/elevator, a PWC lift & a 1159 long retaining wall. Develop- ment will also include adding sand fill to existing beach. COMMENTS ACCEPTED THROUGH - 0610712016 ;IOAPPLICANT: n nAnthony and Michelle Barber m251 Grassy Point Road ;�Hertford, NC 27944 0757-630-2695 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: 1 Lynn Mathis, Division of Coastal Management, 1367 US Hwy 17 S., Elizabeth City, NC 27909 252-264-3901, ext. 234 PAT MCCRORY (kWI a DONALD R. VAN DER VAART s._rav) Coastal Management ENVIRONMENTAL QUALITY EMAIL MEMORANDUM TO: The Daily Advance Legal Advertisement Section edalegals(aDdailyadvance.com FROM: Yvonne Carver Administrative Assistant DATE: May 9, 2016 SUBJECT: Public Notice —Anthony and Michelle Barber ACCOUNT: #2119219, NCDENR/Stadiem BRAXTON DAVIS Dbww Please publish the attached Notice in the Wednesday, 05/18/2016 issue of The Perquimans Weekly. Please note that this is for a one -day publication only. 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 Melissa Sebastian, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557, (Telephone 252-808-2808). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Elizabeth City office (252) 264-3901. Attachment cc: Doug Huggett, Major Permits Coordinator, DCM, Morehead City Michele Walker, PIC, DCM, Raleigh Melissa Sebastian, Accounts Payable, DCM, Morehead City File RECEIVED MAY 11 2016 q -,'�11IIlothtngCompares� DCM- MHD CITY State of North Carolina i Environmental Quality I Coastal Management 1361 US Hwy 17 South I Elizabeth City, NC 27909 252-264-39011252-264-3723 [fax] NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 05/02/16. Anthony & Michelle Barber propose to construct a 100' pier with a boathouse, covered & uncovered platform, 3 finger piers, 4 tie pilings, a double kayak lift/elevator, a PWC lift & a 115' long retaining wall, to be located at 251 Grassy Point Road in Perquimans County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 1367 US 17 South, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 06/07/16, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review and comment by the public, state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Wednesday, 05/18/2016 cs DATE: y L a l zo i to NAME: Ertc- t fAar6LYI Ni(4Received ADDRESS: 2z4 6rct,ssj 26v''- Rd. G - 20Ta CITY: tJier>-rrord ST N - ZIP Zl4`4 DCM-EC RE: 61Wl`66:1L 4Fr1fJN 14,-41L/�� * 00"f' ' yavSE To Whom It May Concern: This correspondence is to notify you as a riparian property owner that A, N, r N i d, . (I e erber is applying for {insert prope y owner name or company) a CAMA Major permit to on property located at i-or which is adjacent to your property. A copy of the application and project drawing(s) is enclosed for your review. If you have no objections to the proposed activity, please mark the appropriate statement below and return to: soon as possible. Insert name of responsible party) - If no comments are received within 30 days of receipt of this notice, it will be considered that you have no comments regarding this project. If you have objections or comments, please mark the appropriate statement below and send your correspondence to the NC Division of Coastal Management at 1367 US HWY 17 S., Elizabeth City, NC 27909. If you have questions about the project, please do not hesitate to contact me at -1S-14113 1-I ro 64 (insert phone number) or the Division of Coastal Management at 252-264-3901. Sincerely, r INSERT No., E ;4 I have no objection to the project as described. I have objection(s) to the project as described. WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) 06— 1 do wish to waive the 15' setback require nt. I do not wish to waive the 15' setback requirement Print Name Suture of ssY P60-1 2D Mailing Address and/or Email Address 3o-L-87 0z EIVED Phone Number MAY 11 2016 DCM- MHD CITY NAME:. Robe rl- ADDRESS: 2S9 G(ZL-c-5W PS51114- RrJ- CITY: C-d-- _ ST )L ZIP Z-)QLH DATE: z8 j Received r. f,WE RE: 91F 9FIZ To Whom It May Concern: This correspondence is to notify you as a riparian property owner • is applying for �r.� Linn ILl c Lis cv knh- Lc^ barlx, as soon as possible. ti "'no' f na comments are received within 30 days of receiot dithis noiirz it will be considered that you have no comments, n project, If you ve objections or comments, please mark the appropriate statement below and send your correspond Division of Coastal Management at 1367 US HWY 17 S:, Elizabeth Ci , NC 27909. If you have questions about thet not hesitate to contact me at _ _I t'f lo8 �{ or the Division of Coastal Management at Sincerely, -+ W &Lal $nr I have no objection to the project as described. I have objection(s) to the project.as descrlbi WAIVER SECTION I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, or lift must be set back a minimum distance from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank do wish to waive the 15' setback requirement. do not wish to waive the 15' setback 'requ Print Name Signature of Adjacent Property Owner Date ,2 S 9 J6ffSYAeA,T-1d' /{� A/G 2 7Y Maing Address and/or Email Address Phone Number il Received �D M EC Deed of Trust Return TOFINAL DOCs 0012-01B 6200 PARK AVENUE, DES MOINES, IA 50321 Prepared By.CHERYL A PREKREL WELLS FARGO BANK, N.A. 1525 W W T HARRIS 8 VD, 2ND FLOOR, CHARLOTTE, NC 282628522 Definitions Words used in multiple sec ons of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 ' 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrume V means this document. which is dated FEBRUARY 23, 2015 , together with all Riders to this document. (8) •Borrower•is ANTHONY C BARBER AND AM MICHELLE BARBER, HUSBAND AND WIFE Borrower is the trust (C) "Lender"isWELLS Lender is a NATIO1 organized and existi: NMFL0303E(NGGD) Re,W2013 under this Security Instrument. ARGO BANK, N.A. ASSOCIATION under the laws of THE UNITED STATES aelFreddw Mac UNIFORM INMLIAENT Form 30341101 VMPB(NGy I1 %010 ge8 cy RECEIVED MAY 112016 DCM- MHD' CITY Lender's address is 101 NORTH PHILLIPS AVENUE, 'SIOUY. FALLS, SD 57104 Lender is the beneficiary under this Security Instrument. (C-1) The name of the Mortgage Broker is (D) "Trustee" is WILLIAM R. ECHOLS 7301 CARMEL EXEC PK DR STE 304, CHARLOTTE, NC 28226-8274 (E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 23, 2015 . The Note states that Borrower owes Lender Six HUNDRED SEVENTY NINE THOUSAND SEVEN . HUNDRED AND 00/100 Dollars (U.S. $ *****679, 700.00 ) plus interest. Borrower leas promised to pay this debt in regularPeriodic Payments and to pay thedebt in full not later than MARCH 01, 2045 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt, evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) ."Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower. [check box as applicable]: El Adjustable Rate Rider ❑ Condominium Rider ❑ Second Home Rider EJ Balloon Rider EJ Planned Unit Development Rider 0 1-4 Family Rider ® VA Rider ❑ Biweekly Payment Rider ❑ Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative riles and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions. (J) . "Community Associationbues, Fees, and Assessments"means all dues, fees, assessments and other charges that are imposed on Borrower or the Properly by a condominium association, Homeowners association or similar organization. (K) "ElectronicFundsTransfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or'authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) " MiseellaneousProeeeds"means any compensation: settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section j) NORTH CAROLINA-Single Family -Fannie MaWFreddie Mac UNIFORM INSTRUMENT Form 30341/01 VMP ® Bankers Systeme- VMPB(NC7 (1302) Wolters Kl w , Financial Services aga 2 of 18 for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance"means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "PeriodicPayment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq. and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject [natter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successorin Interest of Borrower" Means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. Transfer of Rights in the Property This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the COUNTY of PERQDINANs (Type of Recording Jurisdiction) SEE ATTACHED LEGAL DESCRIPTION NORTH CAROUNASirgle Family -Fannie MwFreddie Mae UNIFORM IN$TRUMENT VMP a Bankers SyMems^r Writers KI w r Fm. wial Services (,Name of Recording Jurisdiction) Fenn 303e IM1 VMP511C4 %0 8 FtECENED MAY 11 2016 DCM_ MRD CITY i Exhibit A !' (Barber - 251 Grassy Point Rd., Hertford NC 27944) Legal Description: All that certain lot or parcel of land situated in New. Hope Township, Perquimans County, North Carolina, and more particularly described as follows: Being all of Tract 4, Grassy Point Subdivision, as shown and delineated on plat prepared. by Paul J. Toti, P.L.S., entitled in part, "Exempt -Subdivision of the Property Recorded in Deed Book 224,. Page 570 and Deed Book 224, Page 574 for Grassy Point," which plat is recorded in Plat Cabinet, 2, Slide 136, Map #1, Perquimans County Registry. Also conveyed herewith for access to and from the above - described tract and S.R. 1357 (Camp Cale Road) is a perpetual, non-exclusive and appurtenant right and easement of ingress, egress and regress which easement is shown as "Existing 60' Right of Way, per deed Book 224, Page 562,", and "Existing Road - Grassy Point Drive,", on the aforementioned plat. Parcel ID Number: 4—DO63-2004—GP which currently has the address of 251 GRASSY POINT ROAD (Street) HERTFORD (City), North Carolina 27944 (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, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall i also be covered by this Security Instrument. All'of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised 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 combines uniform covenantsfor national use and tan -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and Lender covenant and agree as follows: I. Payment of Principal,lnterest, Escrow Items, PrepaymentCharges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and am prepayment charges and late charges due trader the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is rat 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 Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. NORTH CAROUNASingle Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Faro 3034 TN7 VMP 8 Bannon Syslemsn VMPo(N:R (130?) 00 Wc"me en Khmer Financial Services PaOe 4 of 4 RECEIVED MAY 11 2016 DCM- MHD CITY 2. Applicationof Payments or Proceeds.Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due, Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding Lender may apply any , payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any, late charges due: Voluntary prepayments shall be applied first to any prepayment charges andahen as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Fundsfor Escrow items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in fall, a stun (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any;,(c) premiums for any and all insurance required by Lender under. Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to. Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of i Section 10. These items are called "Escrow Items." At origination or at any time during the tern of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Fttnds for any or all Escrow Items. Leader may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time: Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and cohere payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a, covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated raider Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time ' by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. NORTH CAROLINASingle Family -Fannie MaelFmddie Mac UNIFORM INSTRUMENT Fom1303411D1 VMP O Bankers Systems*" VMPO(NCn (1302).00 W.Ines Kleerer Financial Services Page 5 d 18 I Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. 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 on the Funds and Applicable Law permits Lender 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 any interest or earnings on the Funds. Borrower and Lender can We in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance i6th RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all surns secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lieps.Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. NORTH CAROLINA-Single Family -Fannie MaelFnWdie Mao UNIFORM INSTRUMENT Form 3034 1101 VMP 40 Rankers sysmna'a VMPS(NW (130�.00 wafters 1O, e1 Financial Services Page 8 d 1s RECEIVED MAY 11 2016 DCM- MHD CITY Lender may require B rrower to pay a one-time charge for a real estate tax verification and/or reporting service use4 by Lender in connection with this Loan. 5. Property Insurance the Property insured any other hazards inc insurance. This insur periods that Lender it during the term of th( Borrower subject to I exercised unreasonab. (a) a one -tine charge 'one-time charge for f time remappings or si certification. Borrow( Emergency Managerr resulting from an obj( If Borrower fails to n coverage, at Lender's particular type or anti might not protect Bon against any risk, haza in effect. Borrower a( significantly exceed t by Lender under this Instrument. These arr shall be payable, witl Borrower shall keep the improvements now existing or hereafter erected on Ainst loss by fire, hazards included within the term "extended coverage;" and iding, but not limited to, earthquakes and floods, for which Lender requires ice shall be maintained in the amounts (including deductible levels) and for the luires. What Lenderrequires pursuant to the preceding sentences can change Loan. The insurance carrier providing the insurance shall be chosen by mder's right to disapprove Borrower's choice, which right shall not be Lender may require Borrower to pay, in connection with this Loan, either: br flood zone determination, certification and tracking services; or (b) a od zone determination and certification services and subsequent charges each filar changes occur which reasonably might affect such determination or shall also be responsible for the payment of any fees imposed by the Federal lit Agency in connection with the review of any flood zone determination :lion by Borrower. t iintain any of the coverages described above, Lender may obtain insurance rption and Borrowers expense. Lender is under no obligation to purchase any int of coverage. Therefore, such coverage shall cover Lender, but might or awer, Borrower's equity in the Property, or the contents of the Property„ I or liability and might provide greater or lesser coverage than was previously :nowledges that the cost of the insurance coverage so obtained might e cost of insurance that Borrower could have obtained. Any amounts disbursed ection 5 shall become additional debt of Borrower secured by this Security runts shall bear interest at the Note rate from the date of disbursement and such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any fort of insurance coverage, not otherwise required by Lender, for damage to, or destmction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, I�orrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of to s if not made promptly by Borrower. Unless Lender and Borrower othenise agree in writing, any �nsurance proceeds, whether or not the underlying insurance was required by Lender, shall be appli d to restoration or repair of the Property, if the restoration or repair is economically feasibl( and Lender's security is not lessened. During such repair and restoration period, Lender shall I ave the right to hold such insurance proceeds until Lender has had an opportunity to inspec I such Property to ensure the work has been completed to Lender's satisfaction, provided that such in pection shall be undertaken promptly. Lender may disburse proceeds.for the repairs and restomtiou in a single payment or in a series of progress payments as the work is completed. Unless anlagreement is made in writing or Applicable Law requires interest to be paid on Mac UNIFORM INSTRUMENT Form 3034 1101 VMPB(NC) (1302).00. Page 7 0118 i CS such insurance pros such proceeds. Fees paid out of the insul repair is not econon shall be applied to t excess, if any, paid in Section 2. If Borrower abandon claim and related ma the insurance carrier The 30-day period w Property under Secti any insurance proce< Security Instrument, uneamed premiums I such rights are appli( either to repair or rei Instrument, whether Is, Lender shall not be required to pay Borrower airy interest or earnings on r public adjusters, or other third parties, retained by Borrower shall not be ce proceeds and shall be the sole obligation of Borrower. If the restoration or illy feasible or Lender's security would be lessened, the insurance proceeds sums secured by this Security Instrument, whether or not then due, with the Borrower. Such insurance proceeds shall be applied in the order provided for ie Property, Lender may file, negotiate and settle any available insurance is. If Borrower does not respond within 30 days to a notice from Lender that s offered to settle a claim, then Lender may negotiate and settle the claim. begin when the notice is given. In either event, or if Lender acquires the 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to in an amount not to exceed the amounts unpaid under the Note or this d (b) any other of Borrower's rights (other than the right to any refund of d by Borrower) under all insurance policies covering the Property, insofar as le to the coverage of the Property. Lender may use the insurance proceeds -e the Property or to pay amounts unpaid under the Note or this Security not then due. 6. Oceupancy.Borrow¢r shall occupy, establish. and use the Property as Borrower's principal residence within 60 d$ys after the execution of this Security Instrument and shall continue to occupy the Property as Burro ver's principal residence for at least one year after the date of occupancy, unless Lender otherwrge agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating ch urnstarices exist which are beyond Borrower's control T. Preservation,Maintenanceand Protectionof the Property; Inspeetions.Borrower shall not destroy, damage or pair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition Unless it is determine pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or conderor ition proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for uch purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or it a series of progress payments as the work is completed. If the insurance or condemnation proccei s are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligat on for the completion of such repair or restoration Lender or its agent in Ly make reasonable entries upon and inspections of the Property. If it has reasonable cause, Let Jer tmty inspect the interior of the improvements on the Property. Lender shall give Borrower notice it the time of or prior to such an interior inspection specifying such reasonable cause. S. Borrower's Loan Application.Borrower shall be in default if, during the Loan application process, Borrower or finy persons or entities acting at the direction of Borrower or with Borrower's knowledge or consenj give materially false, misleading, or inaccurate information or statements to Leader (or failed to provide Lender with material information) in connection with the Loan. Material NORTH CAROLINASingle Family -Fenno Mae/Freddie Mac UNIFORM INSTRUMENT Porn 3034 1N1 VMP ® Bankers Systems'- VMPE(N (13T 00 Nblleu Klw.er Finariclal Services IS d 1S RECEIVED MAY 11 2016 DCM- MHD CITY representations ineluclle, but are not limited to, representations concerning Borrower's occupancy of the Property as Botrolver's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, ) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights rum ts under this Security Instrument (such as a proceeding in bankruptcy,, probate, for condemnfittion or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument of to enforce laws or regulations), or (c) Borrower has abandoned the Property, . then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in .the Property and righ s under this Security Instrument, including protecting and/or assessing the value of the Property and securing and/or -repairing the Property. Lendei s actions can include, but are not limited to: (a) paying any sums secured by a lien which bas priority over Unis Security' Instrument•, (b) appea ng in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or ri�hts under thus Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or rpther code violations or dangerous conditions, and have utilities turned on or off. Although Lenderimay take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursgd by Lender ruder this Section 9 shall become additional debt of Borrower secured by this Securfty Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. I If this Security lustripent is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower ac uires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insuranl Borrower shall pay tl reason, the Mortgage mortgage insurer tha separately designate( the premiums requir previously in effect, Insurance previously substantially equival pay to Lender the an coverage ceased to b non-refundable loss 1 loss reserve 'shall be and Lender shall not permitted under App Insurance coverage ( 7.If Lender required. Mortgage Insurance as a condition -of making the Loan, prentiums required to maintain the Mortgage Insurance in effect. If, for any nsarance coverage required by Lender ceases to be available from the 3reviously provided such insurance and Borrower was required to make )ayments.toward the premiums for Mortgage Insurance, Borrower shall pay to obtain coverage substantially equivalent to the Mortgage Insurance a cost substantially. equivalent to the cost to Borrower of the Mortgage: a effect, from an alternate mortgage insurer selected by Lender. If It Mortgage Insurance coverage is not available, Borrower shall continue to unt of the separately designated payments that were due when the insurance .. in effect. Lender will accept, use and retain these payments as a serve, if permitted under Applicable Law, in lieu of Mortgage Insurance. Such )n-refundable, notwithstanding the fact that the Loan is ultimately paid in full, e required to pay Borrower any interest or earnings on such loss reserve, if cable Law. Lender can no longer require loss reserve payments if Mortgage 7 the amount and for the period that Lender requires) provided by an insurer NORTH CAROLINA-Single Family-FanaigI Ma. Freddle Mac UNIFORM INSTRUMENT Form 3034 1101 VMP ® Bankers Systems^" I VMPO(NCl (730?J.00 Wolters Kluwer Financial Services Page 8 of 73 q selected by Lender a aim becomes available, is obtained, and Lender requires separately designated payments toward the 3remiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making he Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance i effect, if permitted -under Applicable Law, or to provide a non-refundable loss reserve, until Le is requirement for Mortgage Insurance ends in accordance with any written agreement between I orrower and Lender providing for such termination or until termination is required by Applicab a Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance imburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrow does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. • I Mortgage insurers ev uate their total risk on all such insurance in force from time to time, and may enter into agreeme with other parties that share or modify their risk, or reduce losses. These agreements are on tf.,, s and conditions that are satisfactory to the mortgage insurer and the other party (or parties) toe agreements. These agreements may require the mortgage insurer to make payments using anyrce of funds that the mortgage insurer may have available (which may include funds obtainfrom Mortgage Insurance premiums). As a result of these a ments, Lender, any purchaser of the Note, another insurer, any reinsmer, any other entity, or a y affiliate of arty of the foregoing, may receive (directly or indirectly) amounts that derive from (or i 'ght be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exe a for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provi les that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiu as paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such ag ments will not affect the amounts that Borrower has agreed to pay for Mortgage InsL rance, or any other terms of the Loan. Such agreements will not increase the amount rower will owe for Mortgage Insurance, and they will not entitle Borrower to a iy refund. (b) Any such agr ments will not affect the rights Borrower has - if any - with respect to the Mortgage Inst rance 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 o 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 th e time of such cancellation or termination. 11. Assignmentof Mis ellaneousProceeds;Forfeiture.All Miscellaneous Proceeds are hereby assigned to and shall a paid to Lender. If the Property is dair aged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if there sloration or repair is economically feasible and Lender's security is not lessened. During sucq repair and restoration period. Lender shall have the right to hold such Miscellaneous Procelds until Lender has had an opportunity to inspect such Property to ensure the work has been complgted to Lender's satisfaction, provided that such inspection shall be undertaken NORTH VMP Wolters Mae UNIFORM INSTRUMENT Porn 3034 VOt VMPe(NO)�1130�A0 - RECEIVED MAY 11 2016 DCM- MHD CITY promptly. Lender ma pay for the repairs and restoration in a single disbursement or in a series of progress paymenls as a work is completed. Unless an agreement is made in writing or Applicable Law requires interest o be paid on such Miscellaneous Proceeds, Lender shall not be required io pav Borrower any interest lor earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums se ured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for. in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous ' Proceeds shall be app 'ed to the sums secured by this Security Instrument, whether or not then due, with the excess, if an), paid to Borrower. In the event of a party 1 taking. destruction, or loss in value of the Property in which the fair market value of the Property mmediately before the partial taking, destruction, or loss in value is equal to or greater than the a not of the sums secured by this Security Instrument immediately before the partial taking, destrue 'on, or loss in value, unless Borrower and Lender othenvise agree in writing, the sums secured by t is Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied b , the following fraction: (a) the total amount of the sums secured immediately before the partial taki g, destruction, or loss in value divided by (b) the fair market value of the Property immediately eforc the partial taking, destruction, or loss in value. Any balance shallbe paid to Borrower. In the event of a pa , I taking, destruction, or loss in value of the Property in which the fair market value of the Property mmediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, . unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abar doped by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as de rned in the next sentence) offers to make an award to settle a claim for damages, Borrower fa is to respond to Lender within 30 days after the date the notice is given, Lender is authorized t collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the um; secured by this Security Instrument, whether or not then due. "Opposing Parry" means the thirc party that owes Borrower Miscellaneous Proceeds or the party against tyhoni Borrower has a right i f action in regard to Miscellaneous Proceeds. Borrower shall be. in c efault if arry action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of ` Lender's interest in t Property or rights under this Security Instrument. Borrower can cure such a default and, if accele tion has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be disir issed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other mat rial impairment of tender's interest in the Property or rights. under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. NORTH CAROUNASingle Fanuly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30341/01 VMP A Bankers SystemsTM VMPB(NC) (1302).00 Wolters ftu r Financial Services Page 11 of 1B I 12. BorrowerNot Released;ForbearanceBy LenderNot a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Inswment by reason of any demand made by the original Borrower or arty Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability;Co-signers;Successorsand AssignsBound.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security .Instrument but does not execute the Note (a "co-signer"):. (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or in, Applicable Law. If the Loan is subject a law winch sets rhaximum loan charges, and that law is finally interpreted so that the interest or Dther loan charges collected or to be collected in connection with the Loan exceed the permitted 'mits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce tine charge the permitted limit; and (b) any stuns already collected from Borrower which exceeded permitted Iflauts will be refunded to Borrower. Lender may choose to make this refund by reducing the principa owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or im t a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund in tde by direct payment to Borrower will constitute a waiver of any right of action Borrower migI I have arising out of such overcharge. 16. Notices. All notices ven by Borrower or Lender in connection with this Security Instrument must be in writing. Any nc dcc to Borrower in connection with this Security Instrument shall be deemed to NORTH CAROUNASingk Family -Fannie VMPa Bankers SyslerrsTM Mae/Freddie Mac UNIFORM INSTRUMENT Form 30341/01 VMPO%(i1301).OD Wolters Kiwrer Financial Services Paps 14 of 1a RECEIVED MAY 11 2016 DCM- MHD CITY have been given to BI Borrower's notice ads to all Borrowers unle: Property Address mth Borrower shall proml procedure for reportir address through that s Security Instrument a mailing it by first cla address by notice to E deemed to have been this Security Instnunt satisfy the corresponc 16. GovemingLaw; Sei governed by federal It and obligations conta' of Applicable Law. A contract or it might b agreement by contmc Note conflicts with A Instmment or the Noti As used in this Securi corresponding neuter and include the plural obligation to take any 17. Borrower's Copy. E 18. Transfer of the Pro "Interest in the Prope) limited to, those bene sales contract or escn -date to a purchaser. If all or any part of tl is not a natural perso) prior written consent, Security Instmment. 1 prohibited by Applict when mailed by first class mail or when actually delivered to ress if sent by other means. Notice to any one Borrower shall constitute notice s Applicable Law expressly requires otherwise. The notice address shall be the ;s Borrower has designated a substitute notice address by notice to Lender. ly notify Lender of Borrower's change of address. If Lender specifies a Borrower's change of address, then Borrower shall only report a change of )ecified procedure. Then; may be only one designated notice address under this any one time. Any notice to Lender shall be given by delivering it or by ) mail to Lender's address stated herein unless Lender has designated another arrower. Any notice in connection with this Security Instrument shall not be . riven to Lender until actually received by Lender. If any notice required by at is also required under Applicable Law, the Applicable Law requirement will ng requirement under this Security Instrument. rerability;Rules of Construction.This Security Instrument shall be w and the law of the jurisdiction in which the Property is located. All rights ' ned in this Security Instmment are subject to any requirements and limitations )plicable Law might explicitly or implicitly allow the parties to agree by silent, but such silence shall not be constmed as a prohibition against In the event that any provision or clause of this Security Instmment or the )plicable Law, such conflict shall not affect other provisions of this Security which can be given effect without the conflicting provision. ,y Instrument: (a) words of the masculine gender shall mean and include words or words of the feminine gender, (b) words in the singular shall mean and vice versa; and (c) the word "may" gives sole discretion without any •owcr shall be given one copy of the Note and of this Security Instrument. rlyor a Beneficialinterest in Borrower. As used in this Section 18, means any legal or beneficial interest in the Property, including, but not al interests transferred in a bond for deed, contract for deed, installment agreement, the intent of which is the transfer of title by Borrower at a future Property or any Interest in the Property is sold or. transferred (or if Borrower' and a beneficial interest in Borrower is sold or transferred) without Lender's .ender may require immediate payment in full of all sums secured by this owever, this option shall not be exercised by Lender if such exercise is i Ile Law. If Lender exercises ths option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of nc t less than 30 days from the date the notice is given in accordance with Section IS within which Born wer must pay all sums secured by this Security Instmment. If Borrower fails , to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security hism ment without further notice or demand on Borrower. NORTH CAROLINA-Single Family -Fannie ae/F eddie Mac UNIFORM INSTRUMENT Farm 3034 1101 VMP ® Bankers Systems'" VMPB(NC) (130�.00 Walters KI~ Financial Services Page 13 of 18 19. ReinstateAfter Acceleration.If Borrower meets certain conditions, Borrower shall have right to have enforcement of this Security Instrument discontinued at any time prior to the earli st of. (a) five days before sale of the Property pursuant to any power of sale contained in this Seci rity Instrument; (b) such other period as Applicable Law aright specify for the termination of Borm er's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those co ditions am that Borrower: (a) pays Lender all sums which then would be due under this Security It trument and the Note as if no acceleration had occurred; (b) cures any default of any other cove or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Boirower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph.. The notice of acceI ratio and opporhmity to cure given to Borrower pursuant to Section 22 and the notice of accelemtio given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity.; toe corrective action provisions of this Section 20. NORTH CAROUNASinBle Family VMP 8 Sankem Systeme Wohm Kluwer Finandai Services t t { Mac UNIFORM INSTRUMENT Form 3034 1101 VMP$PalC11130�A0 e 16 M 18 !RECEIVED MAY 11 2016 DCM- MHD CITY p 21. HazardousS ubstar ces.As used in this Section 21: (a) "Hazardous Substances" are those substances defined as oxic or hazardous substances, pollutants, or wastes by Emrironmental Law and the following sub aces: gasolirte, kerosene, other flammable or tonic petroleum products, toxic pesticides andIme icides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive mat; (b) "Environmental Law" means federal laws and laws of the jurisdiction where tperty is located that relate to health, safety or environmental protection; (c) "Environmental mp" includes any response action, remedial action, or removal action, as defined in EnvironI Law; and (d) an "Environmental Condition" means a condition that can cause, contribute tothenvise trigger an Environmental Cleanup. Borrower shall not or permit the presence, use,disposal, storage, or release of any Hazardous Substances, or threate 1 to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow any ne else to do, anything affecting the Property (a) that is in violation of any Environmental Law,()) which creates an Environmental Condition, or (c) which, due to the presence, use, or relec se 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 on the Property of sn Ill quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substandes in consumer products). Borrower shall promp dy give Lender written notice of (a) arty investigation, claim, demand, lawsuit or other action by an governmental or regulatory agency or private party involving the Property and any Hazardous Substi rice or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condi ion, including but not limited to, any spilling, leaking, discharge, release or threat of release of ar Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardou Substance which adversely affects the value of the Property. If Borrower learns, or is notified t 1, any governmental or regulatory authority, or any private party, that any removal or other rem4 diatiou of any Hazardous Substance affecting the Property is necessary, Borrower shall prom y take all necessary. remedial actions in accordance with Environmental Law. Notlting herein j hall 4 reate any obligation on Lender for an Environmental Cleanup. Non -Uniform CovehantsiBorrower and Lender further covenant and agree as follows 22. Acceleration; Remldies.Lender shall give notice to Borrower prior to acceleration following - Borrower's breach f.any,covenant or.agreement in this Security Instrument (but not prior to acceleration under ction IS unless Applicable Law provides otherwise). The notice shall specify: (a) the defa It; (b) the action required to cure the default; (c) a date, not less than 30 days from the da the notice is given to Borrower, by which the default must be cured; and (d).that failure to cu a the default on or before the date specified in the notice may result in acceleration of the s ms secured by this Security Instrument and sale of the Property. The notice shall further i form Borrower of.the right to reinstate after acceleration and the right to assert in the foreclo re proceeding the non-existence of a default or any other defense of Borrower to acceler tion and sale. If the default is not cured on or before the date specified in the notice, Leader a its option may require immediate payment in full of all sums secured by this Security seruttQQeat without further demand and may invoke the power of sale and any other remedie , permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pu inj I the remedies provided in this Section 22, including, but not limited to, reasonable attorney fees and costs of title evidence. NORTH OAROLINASingle Family -Fannie MaelFreddle Mac UNIFORM INSTRUMENT Fom 3034 1101 VMP ® Bankers SystemsTM VMP6(NC) (1302) 00 Wolters Kl v r Financial Services Pege 151 5 of 18 If Lender invokes thl Applicable Law that notice of sale and sh4 may require. After tl sale, Trustee, withou highest bidder at the or more parcels and Property at any sale. Trustee shall deliver covenant or warrant facie evidence of the the sale in the follow Trustee's fees of Instrument; and (c) set forth in the Note evidenced by the No 23. Release.Upon payt cancel this Security evidencing debt sect pay any recordation but only if the fee is permitted under AK power of sale, and if it is determined in a heating held in accordance with trustee can proceed to sale, Trustee shall take such action regarding 1 give such notices to Borrower and to other persons as Applicable Law e time required by.Applicable Law and after publication of the notice of demand on Borrower, shall sell the Property at public auction to the ime and place and under the terms designated in the notice of sale in one n any order Trustee determines. Lender or its designee may purchase the the purchaser Trustee's deed conveying the Property without any expressed or implied. The recitals in the Trustee's deed shall be prima nth of the statements made therein. Trustee shall apply the proceeds of g order. (a) to all expenses of the sale, including, but not limited to; 5.000% of the gross sale price; (b) to all sums secured by this Security y excess to the person or persons legally entitled to it. The interest rate all apply whether before or after any judgment on the indebtedness t of all sums secured by this Security Instrument, Lender or Trustee shall wnent. If Trustee is requested to release this Security Instrument, all cotes by this Security Instrument shall be surrendered to Trustee. Borrower shall s. Lender may charge Borrower a fee for releasing this Security Instrument, i to a third party for services rendered and the charging of the fee is ble Law. 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appoin ed hereunder by an instrument recorded in the county in which this Security Instrument is recorded. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and di ties conferred upon Trustee herein and by Applicable Law. 25. Attorneys' Fees. t fees must be reasonable. NORTH OAROLINASirpb FaMky+annle aeffi ddie Mu UNIFORM INSTRUMENT VMP ® Bankers Sys .e VWw. Kluwer Rn.. al SONIC" Fp 3034 W VMIPS%(el 00 Faye 16 al 16 RECEIVED MAY 11 2016 DCM- MHD CITY i BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms contained in this' Security Instnnnent and in any Rider executed by Borrower and recorded with it. Witnesses: i (Seal) ANTHONY C BARBER - -Borrower (Seal) ANN MICHELLE BARBER -Borrower (Seal) (Seal) -Borrower . -Borrower ' (Seal) I (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower _ NORTH CAROUNASinglenaroly-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMPFom 3041/1 VMP 8 Bankers Systems page 0 c/ 00 Wafters KIe r Financial Services18 Acknowledgment State of NORTH CAROLINA County of t' BARBER AND ANN MICHELLE BARBER a notary public, do hereby certify that ANTHONY C personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official stamp or seal on Notary Public My commission expires: Loan origination organization WELLS FARGO $ANK, N.A. NN SR ID 39980100 Loan originator RHONDA D' BENE NMLSR ID 45109500 NORTH CAROLINASingle Family -Fannie MaeffrecKe Mac UNIFORM INSTRUMENT VMP ® Bankers Systamas wooers owner Financial Senicas Form 3034 1101 VMP6(NC) (1302) 00 Page 18 of 18 DECEIVED MAY 112016 DCM- MHD CITY MAJOR PERMIT FEE MATRIX Applicant: Anil" yj u'crP&LLc_ r-3&t6F= Selection Development Type Fee DCM % DWQ % (14300 1601 435100093 1625 6253) (24300 1602 435100095 2341) I. Private, non-commercial O development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) I 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 A, B, C, or D below a lies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be applied: III(B). Public or commercial development, if General $400 100%($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be a lied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot be applied: IV. For development that involves the filling and/or $475 60% ($285) 40% ($190) excavation of more than one acre of wetlands and/or open water areas: 9 LUILIVED MAY 11 2016 DCM- MHD CITY NC Division of Coastal Management Major Permit Application Computer Shoot (11/012012) Applicant Anthony and Michelle Barber Date: 05r052016 Project Site County., Perquimans Staff. Lynn Mathis District: NElizabeth City LJ Washington ❑Morehead City El Wilmington Project Name: None Rover File: WA State Plane: X: 2746054.809ft Y. 1973654.722ft Date of initial application submittal (EX.., 1/A2007): 05ro22016 Date application received as complete" in the Field office (EX 1/&2007): 05O 2016 Permit Authorization: Z CAMA Dredge & Fill 1113oth SITE DESCRIPTION/PERMIT INFORMATION PNA: Yes ZNo Photos Taken: YesS NoEl Setback Required (riparian): Yes No Critical Habitat: Yes No ONotSure 15 foot waiver obtained: El Yes SNo Hazard Notfication Retumed: ❑Yes ❑No SWA SAV:SYes ❑No []Not Sure Shell Bottom: [I Yes NNo El Not Temporary Impacts: EgYes ❑No Sure Sandbags: Yes SNo Not Sure Did the land use classification come from Mitigation Required (optional): countyLUP. SYes ❑No [I Yes SNo Moratorium Conditions: Yes No Environmental Assessment Done: ❑NA ❑Yes []No SNA SECONDARY WATER CLASSIFICATION— OPTIONAL (choose MAX of 4) • Future Water Supply (FWS) El Nutrient Sensitive Waters (NSW) Swamp Waters (SW) • High Quality Waters (HQW) Outstanding Resource Waters (ORWM WETLANDS IMPACTED A El (404) Corp. of Engineers (Jurisdictional El (LS) Sea lavender (Unionium sp.) (SS) Glasswort ( Salicomia sp.) wetlands) El (CJ) Saw grass (Cladium jamaicense) El (SA) Salt marsh cordgrass (Spartina (SY) Salt reed grass (Spartina altemittors) cynosuroides) (DS) Salt or spike grass (Dishchlis (SC) Bultrush or three square (Scirpus (TY) Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncus (SP) SalNmeadow grass (Spartina roemerianus) patens) APPLICATION FEE No fee required - $0.00 III(A) Private w/D&F up to 1 acre; III(D) Pdv. public or comm w/D&F to 1 3490 can be applied - $250 acre; 3490 cant be applied - $400 Minor Modification to a CAMA Major C3 Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer- $100 0 111(S) Public or commercial w/D&F to 1 Express Permit - $2000 acre; 3490 can be applied - $400 Major development extension request - 11. Public or commercial/no dredge $100 and/or fill - $400 1. Private no dredge and/or fill - $250 111(C) Pdv. public or comm wiD&F to 1 REECENED acre; 3490 can be applied; DCM needs DWQ agreement - $400 MAY 11 20% DCM- MHD CITY Applicant: Anthony and Michelle Barber 4 Date: May 5, 2016 Describe below the ACTIVITIES that have been applied for. Ali values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One Retaining Wall 1 New Work 0 Replace, 155' Mainl❑ ❑Y®N Pier j New Work® Replace 100, 6' Maint❑ ❑Y®N Finger Pier j New Work Z Replace 17' 2' Maint ❑ ❑ Y ®N Finger Pier j New work ® Replace 20' 3' Maint ❑ ❑ Y ® N Finger Pier 1 New Work Z Replace 20' 4' Maint ❑ ❑ Y ® N "L"Platform 1 New Work El Replace 25' 11' Maint ❑ ❑ Y ® N New Work ❑ Replace 24' 5' Maint ❑ ❑ Y ® N Kayak j New Work® Replace 20' 10, Elevator Maint ❑ ❑ Y ON Boathouse 1 New Work Replace 32' 14' Maint ❑ ❑ Y ® N High Ground I New work ❑ Replace 127.5' 115' Fill Maint ❑ ❑ Y M N New Work Replace Maint El ❑Y❑N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work E Replace Maint ❑ ❑ Y ❑ N New Work El Replace Maint❑ ❑Y[IN 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 0 N ...d HABITAT disturbances forthe application. All values should match the name, and units of measurement your Habitat code sheet. Habitat Name _ DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or tamp 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 tamp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Dredge ❑ Fill ❑ Both ❑ Other ❑ Open Water Dredge [I Fill❑ Both ❑ Other ® 1,991sf 1,991sf High Ground Dredge ❑ Fill ® Both ❑ Other ❑ 14,692sf 14,692sf 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 ❑ RECEIVED MAY 11 2016 DCM- MHD CITY Lf U - / - �(V T -3 --)vjj �Iloa'gG �1�1'd ; 3L�Gi ��-r �� r7A"21 (t l7i4"z = f"4z I )e - Vrv,oz) (SiiYiS) 1vo1L-Z--��- .nl1 T'1c�-L-2rV 3,A 4 rfVU---Jo1 = Tm T spy = Gl7�t?MU1VS'1 �y�pjJ�-y�2 iNa%a -73V ro-) 4/N-vvr i � I u b t ro:�zi �1��r1�4a --T-n:smD1 W Cfj �11�� LL1Yf� NYIJ- U Itq _ 1 _ 0 60 40 i (�u1�tom) 472idiA ---/ ILS, 03-wocl e TT41 — -- AA SONV7L'9M "1teLStstl'j —I`fo1Y '3'Yel1�J W > o W � _ W � � (sd i-niwj) 15L w