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HomeMy WebLinkAbout55-16EX Forehand, BrianK Permit Class NEW (Express Permit Program) STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ermtt 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 Brian Forehand P. O. Box 10793 Wilmington NC 28404 Permit Number 55-16 Authorizing development in Pender County adj, to Horn Creek & AIWW, 2103 Washington Acres Road, in Hampstead, as requested in the permittee's application (MP-1) dated 2/19/16 , including the attached workplan drawing (1) dated 4/12/16 This permit, issued on May 16, 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. Docking Facilities 1) Unless specifically altered herein, this permit authorizes only the access piers and docking facilities, all as expressly and specifically set forth in the permit application and workplan drawings. No other structure(s), whether floating or stationary, shall become a permanent part of this expanded 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. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity OF this-d-d I V Etio EC (See Attached Sheet for Additional Conditions) MAY 19 2016 This permit action may be appealed by the permittee or Signed by the authority 0 MetW® 119�TaV the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered G2 Braxton C. Davis, Director hereunder requires further Division approval. Division of Coastal Management All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2019 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee Brian Forehand Permit # 55-16 Page 2 of 2 ADDITIONAL CONDITIONS 2) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 3) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) 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 facilities. 5) The new floating docks shall have a minimum setback distance of 15 feet between any parts of the structure(s) and the adjacent property owner's riparian access corridor, which is determined by drawing a line parallel to the channel, or deep water, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 6) This permit authorizes a maximum of three (3) formalized boat slips. Any request to add additional slips shall require a modification of this permit. 7) This permit does not authorize the placement of any tie pilings in association with these floating docks. General 8) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 9) This permit does not authorize the excavation or filling of any wetlands or open water areas, even temporarily. 10) The permittee shall schedule a pre -construction conference with a representative from the Division of Coastal Management at (910) 796-7215, prior to initiation of work. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The permittee is advised that any development or land disturbing activity that is considered non - water dependent is not authorized within 30 feet of the normal high water level unless specifically exempted by Coastal Resource Commission (CRC) regulations in place at the time of such development. NOTE: An express permit application processing fee of $2,000 was received by the Department of Environmental Quality for this project. RECEIVED MAY 19 2016 DIVISION OF COASTAL MANAGEMENT EXPRESS APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Brian Forehand COUNTY: Pender PROJECT NAME: Forehand Docking Facility Expansion LOCATION OF PROJECT: 2103 Washington Acres Rd., adjacent to Horn Creek IAIWW, in Hampstead DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-14-16 FIELD RECOMMENDATION: Attached: No To Be Forwarded: n/a CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Wilson /� DISTRICT OFFICE: WILMINGTON ,.Y DISTRICT MANAGER REVIEW: '-e— "0 1� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 5-21-16 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO '-b.kA C) 75 DAY DEADLINE: GtRs� MAIL OUT DATE: 5-20-16 FEDERAL DUE DATE: EXPRESS FEE REC'D: 2$ 000 END OF NOTICE DATE: 5-12-15 DEED REC'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 5-12-16 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission Local Permit Office REQEiyFn Division of Marine Fisheries / DCM Corps of Engineers L--EL—A M- V.Hn r1TV EXPRESS MAJOR PERMIT FEE SCHEDULE Forehand / $2000 / Fender Co. DCM % DWQ % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any X wetlands or open water areas: 100% $250 0% (SO II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: S400 1 100% $400 0% SO 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, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 490 (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: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 3490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 RECEIVED APR 2 2 2016 DCM- MHD CITY DENR CAMA Daily Cheek Log for WIRO Deft h Racalvatl Dad Deposits, tl Cheek F.m sm Name or Permlf Holtler Vantlor Check Number Check amount Isermll Number/Commann Raloseloc ReNnNRwllocaM �. Y172016 3212018 Brian Forehand & M slie Garrett BruntForehand Soum Scale Behr_ 2001 f2,00D.00 i express fee, 21M WasNnglon ACRd. HampfPN JD rct. 17MD Y172016 _ WIM016 Teri PippinlP-ppM Ma_nne Construction LLC ',Gary Lynch Web F ___ _ 3564 f40000 GP 66369D _ RM rd. ISM $200.0OIGP 8835713 _ SF rot. 1626D f200.00 GP 683/6D JD N. 17450 _ f100.00 mlmr fee, LO 4 Cheabsd St. Eld NTS Oro JD rot. 1747D -- Y1a201B 3121/2018 Jobe 8 M ry R U Neon ___ _ same _ __ B W A 4741 Y182016 Y111=18 Y212010 3212016 --- - -- Paler Mueller _ Bmntly & Sherrie Turner - _ _ _ _ __ _ _ _ Edeare Hameway _ same _ _ _ BOA Weft Fargo -_- W25 6740403431 Y182016 3M2016 JRWIRDW Inc _ _ Loa Mengel _ First Bank I= f400.00 GP 68365D SF rct. IU50 3212016 3242018 Charles Wekere, Jr _ _ same Be &T 6125 f250.00 m or fee, 9197 SOIr er Drier, Celsbash BrCo SF rcl. 1628D 3212018 Y2/2018 F 8 5 Manna LonhaOern Inc Richard & Laum Fisher PNC Bank 5238 f200.W GP 88372D RM nY. 1483D 3212016 3242016 F 8 S Manne Contrrectore Inc Dennis Farrell PNC Bank SIN f4W.00 GP M71D GUM RM rd. 1403D 3212018 M,1=16 F & S Maim Contractors Iry Dennis Ferrell PNC Bank Sim f150.00 RM lot 1483D =016 3242016 Town O Carolina Beach same BB &T BBt&1 f700.00 minerfee, CB 18-03 RM .L 1484D 329201E 3242018 Mike Gld ent/ANA Builders Inc Mo A TD Bank 7823 f100.00 min. fee, 9 Hunter Heem NTB One JD.L 1]49D 3232018 3242018 Riohan err nice Pen same USAA Federal Savings Bantle 782 f2W.00 GP 66370D JD rcL 1748D 3232Ole 3=/2 016 Antinori Construction Inc Ed Bell BOA 4163 f2/10.00 GP 58307D JD rcL 1754D 3242018 32912016 Proper Building Group Inc Ed HMI First Moore, Barth II $100.00 minor fs, Lot 4 Majestic, Delta, Hamp,aW PN JD rO. 15600 _ _ 3242018 I 32912016 1 Bradford! Stevens same NC SECU 1037 $200.00 GP 54727D SF rcl t831D _ __ 32420I 3292016 Rhonda Woolen own of Holden Beach same BB &T 28499 $,WDO0 GP 88360D SF rcL 1929D _ 3262019 3282018 Mike Conard/Coasul Marine Construction Inc Michael McDaniel Final Bark WIN f200.00 GP 86380D JD.t. 17WD Y252016 3292.1, Chris Conaway/Conaway Manrs Construction Georgia Rasmussen BOA 1223 f200.00 GP 66381 D HS .1 1521 D 3262016 32912016 Rock Solid Construction Linda Pimnllo CrasCorn Bank 1527 f200.00 GP 663830 _SF 0.96WD _ 3262018 3292018 Adorn Knienm adtoW LLC Steven Matolews BOA 21Q 8250.00 major fee. 223 Florida Ave, CB NHCo f400 RM rct. I 13 3rWW16 32BR018 _ Adam f(ment"Mantech LLC _ Steven Matthews BOA 2143 f1 W.00 fee, 223 FMkide Ava, CB NHC0 f400 RM rtf. 14850 _ 3282016 3292016 _ Orandon Grinteelmomy order Eric Cassidy Weis Fall 17335055M f200.00 GP 66391D JD lot 1576D Y2B20115 3292018 Jen, Ennett/Ardi ConsWct= Inc Chris Barnhill BOA also 3200.00 GP 8B2970 JO rot. 17MD 32912018 32012018 Jimm Nonh/Coastal Marine Piers Bulkheans LLC Gene Hodges WaM F 20793 f100.W GP 883990 f200 RM rd: 1486D SWIM Kenan GP 883920 f20D 32a2018 3lJa2018 Mae CbrnatlNCbmnb Mende Cwtrudlan Channel Walk & Shane LJrs HDA FM C11331 Bank 408t f2W.00 fee. 199 DrBtwood Coal WB NHCo RM r,i 148]D 3l WA16 4/12018 NithaW No= III same BB &T 4462 f400.00 militaries. lie & 125 Hoke Lane, Whin NHCo RM foL 14891). _ 3=016 4112016 Donia RSWRekl & Conk 13UMM LLC John & Jan Best BOA 1828 f100.00 mirvrfee, 409 S. Anderson BNd., TB PN JD rd. 15770 _ 3lJ02018 4112018 Jerry FinNl/Ardkvd Conslruelbn Inc We Russell BOA 4164 3200.00 GIS 88288D JD n117WD _ 37J02018 W12016 Chris Glisa✓FI CoasW Seeress Mallard Bey HOA CaraFederal Credit Union 755 11400M GP 68395D JD n]. 1579D 3/JN2016 411mle _ Jerome iijoykay Timothy D. Cates Branch Banking and Trust 6219 f200.00 GP 883SBD _ JD mt. 1578D _ 31312016 4,1201B Erictc ObeNOlsen Assocadsa, Inc VMS a of BHI, Inc. Weis Fargo 2218 f400.00 fee. Roe BaY Rot, BHI B1Co HS rcL 1523D 31312018 W12018 April aM D. Page Wilson same Bank O Oak Rklp 3207 f200.00 GP 86382D SF rO. 1632D 3212018 4/12016 S. Ouama ceCa.lina Bhra rster ns_Boyd&BeckyGasque BB &T 9458 f200.00 GP 66387D _ SF not. 16UD 3312016 4112016 Mike Conard/Coastal Manna Construction Inc James Tllampeon Find Bank 30047405 f200.00 GP 88512D RM rot 14ND 31312016 4112016 Greg Ho den/Holder, Docks & Bulkheads Mark Hurray CmCom Bank 2521 f400.00 GP 66390D SF.t 1638D 4112016 W52016 Marc Cbments/Clements ManneConsiructlon Channel Walk & Shane Li1s HOA First Clzas Bank 4098 f1 W.00 fee, 190 Dditwwd Caul, We N RM not. 1491 D _ W12016 W52016 _ Catherine & Michael Barone slime JUSAA FetlxY Saryings, Bank 40M f200.00 GP 053WD JD rct. 1581D - 4112016 4152016 Sepires, Comeay/Southeastern Coastal CoraL Cc David & Peirce Johnson First Federal 9819 f200.00 GP 665130 _ RM rd. 1492D _ W42016 4152016 Mark L a /La olma Decoete LLC Mark Way BB &T 19n f2DD.00 GP 68386D RM lot. 1636D W42016 4/52016 David Pureer/LPM Revenue Share LLC Rik and Kelly Eerrtlsnt BB &T 1391 000.00 OF W1160 HS rut. 15UD 41 2016 WS 2016 Wilam and Paula WnghWveston LyWI Jeff Holt USAA Federal SWkW Bank U67 f100.00 mhvr fee, 9113 Ninh SL 140 City One JD rti. 1582D _ W4/2016 4512016 Wetlman's Construction Inc- Jeff Wltiamsan Be &T 1382D f100.00 minor fee, e110 of 8111 Ave., NTB Don JD rcd. 1583D _ 4152016 W M16 Oyster Harbour Homeavmees Association, Inc same Banc of Nevada 5999 f100.00 renewal fee. MP 50-09 SF rcIL 16401) NUMB 47/2018 Cardin LM1s Inc via Law Helms Ran Austin & Robert Ceane Crescent, Bank 1D44 f400.00 GP 66W90 f200 SF rot. 16370 Glenn & Nancy Evans GP 683880 f200 4162010 472018 1 Manime Coastal Conatruction LLC Kenneth Lovell CreaCom Banc 2021 f200.00 GP 663620 SF rut. 1fi30D _ __ 44 016 422016 SMncn USUSITECH Consulting PC Simon List Wells Fargo 19139 $101 minor fee, 108 SocM Borred Circe NTB Ons JD ret. 1584D 4AVM6 422018 1 Carolina Blueveater Construction Inc. Gordan Nash Be &T 9459 f200.00 GP 6638413 SF not. 16 13 4/720/B W122018 James Bonnermonner Law Firm Isms Crescent State Bank 2n5 f200.00 transfer and renaaal fist. MP 3 08 PN JD rcL 15850, 4172015 W122016 Rick Bum ardrrer/AC&PMI - Ron Cottle FM CMhws Bank 1007 3100.00 mina, fee, 3850 Island Dr. NfB One JD rcL 156613 4172016 4M=016 Damel Em / gMhose Mal Cersb. lnc Doug Austin BOA 5828 f2W.00 GP W320D JD rot. 1757D 411112016 41122016 Easley Construction Michas GrilBn First GRI ere Bank B f100.00 minor fee, CS 16-0 HS rd. 1525D 4A12018 W122016 William Hudson same Final Cil¢ens Bank 20 03 f400.00 GP 665150 HS not. 1524D _ 4182018 41122016 Greg Ludlam Yew Fishing Pier LLC Sam Manna Federal Credit Unon 567 f200.00 GP 61 JD rot 1758D _ 4WMi6 41122016 Joshua BeipmIl SouBrast Harbor HOAIRW Olean BOA 1054 $200.00 GP 66394D RM Id: 1488D 411201B 41122016 Jimmy North/Coe" Marro Pion Busd head, LLC Stave Shag erd Wese Fargo 20829 3E00.013 GP 62602D HS rct. 15WD 41112016 41122016 Adam KnierMMantech LLC Steve Carson B O A 2145 f400.00 GP 66529D RM rct. 1493D 4112=6 C & D Homes LLC The yftp st Lams Cove BOA 1213 f400.00 major fee, E. yacht Dr. Oak lot" BrCo HS rO. 1527D Coastal Management ENVIRONMENTAL QUALITY April 19, 2016 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Picha / Brunswick Co. • Forehand / Pender Co. PAT MCCRORY C, rnor DONALD R. VAN DER VAART Secretary BRAXTON DAVIS Director Kyle & Heather: Please publish the attached Notice in the Thursday, April 21, 2016 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Luke Skiera, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. cc: Heather Coats - WiRO Doug Huggett -MHC Tyler Crumbley — USACE Michele Walker- DCM Sincerely, q� Shaun K. Simpson {i Permitting Support &Customer A stance Nothing Compares_ RECEIVED APR 2 2 2016 State of North Carolina I Environmental Quality I Coaetal Management DCM - M H D CITY 127 Cardinal Drive lu t., Wilmington, NC 28405 910-796-7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA: On April 13, 2016, Kay Picha proposed to increase an existing sandbag revetment at 149 Ocean Isle West Blvd, adjacent to Tubbs Inlet and the Atlantic Ocean, in Ocean Isle Beach, Brunswick County, and on April 14, 2016, Brian Forehand proposed to expand an existing docking facility at 2103 Washington Acres Rd, adjacent to Horn Creek and the AIWR; in Hampstead, Pender County. The applications can be examined or copied at the office of Sean Farrell (Picha) or Debbie Wilson (Forehand), N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 12, 2016 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED Nothing Compares APR 2 2 2016 State of North Cm hu I Environmental Quality I Ceaaml Management D C M - M H D CITY 127 Cmdinal Driw Ext., Wilmington, NC 29405 910-796-7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Brian Forehand 2. LOCATION OF PROJECT SITE: 2103 Washington Acres Road, adjacent to Horn Creek and the AIWW, in Hampstead, in Pender County. Photo Index - 2006: 26-6638; P,7 2000: 26-336; H-I, 18 1995: 26-318; S, 10 State Plane Coordinates - X: 2390697 Y: 216420 Latitude: 34'20' 15.58" N Longitude: 77042'20.76" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/22/16 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 04/14/2016 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pender County Land Classification from LUP - Conservation (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Residential (E) Wastewater Treatment: Existing — Municipal Planned — N/A (F) Type of Structures: Existing — Single Family Residence, bulkhead, access pier, floating dock and boat basin Planned —Floating dock, float on boat dock and install boatlift (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: (A) Vegetated Wetlands (coastal wetlands) (B) Non -Vegetated Wetlands (open water) 272 sq. ft. (incorporated) (C) Other —High ground (D) Total Area Disturbed: 272 sq. ft. (0.006 acres) (E) Primary Nursery Area: No RECEIVED (F) Water Classification: SA-ORW Open: No APR 2 2 2016 8. PROJECT SUMMARY: The applicant proposes to expand an existing docking facility. DCM- MHD CITY Brian Forehand Page 2 9. PROJECT DESCRIPTION: The applicant has requested that the subject CAMA Major Permit application be processed under the Express Review Permitting Program. The project site is located at 2103 Washington Acres Road, adjacent to Horn Creek and the AIWW, in Hampstead, in Pender County. To locate the project site from the Wilmington Regional Office (WiRO), travel north on US 17N / Market Street towards Jacksonville for approximately 10.8 miles to Washington Acres Road. Turn right onto Washington Acres Road and travel approximately 1.73 miles (keeping right at the fork) to the end of the road and turn left just past Long Point Estates pillars. The subject property will be the 1 a house on the left (2103). The subject property encompasses approximately 0.46 acres and has an average elevation of approximately 7.3 feet above normal high water (NHW). The property has approximately 141 linear feet of shoreline which has been stabilized with a vinyl bulkhead which borders Horn Creek just off of the AIW W. The applicant currently maintains a single family residence on the property. Existing high ground vegetation on the tract consists of lawn grasses and ornamental landscaping. There are no wetlands adjacent to the existing bulkhead. The applicant maintains an existing docking facility which was permitted along with the existing bulkhead under CAMA General Permits #63987-D, issued on 7-17-14 and GP #64041-D issued on 8/17/14. The existing in•egular bulkhead alignment forms a "U shaped" boat basin in the center of the property's shoreline, which measures approximately 12' in width and 24' in length. A 4' wide boardwalk extends around the perimeter of the boat basin with two extensions beyond the boat basin (4' x 4'), creating two access piers. The bulkhead then extends approximately 16' eastward and then extends water ward approximately 10' before extending back to the east for an additional 21'. This alignment creates a recessed area for the proposed floating dock. The west side of the bulkhead has a similar alignment extending westward approximately 19' from the boat basin and then turning water ward approximately 10' creating a recessed area for the existing 8' by 16' floating dock which is accessed by a ramp extending from the 4' wide access pier, and then extends to the west an additional 23'. The entire length of the bulkhead which extends from the boat basin area has a wooden cap along the top which varies from 1' to 2' in width. The existing facility accommodates one (1) vessel. Existing water depths within the basin area, and adjacent to the bulkhead, range from approximately -3' to -4' @ normal low water (NLW). The Pender County 2006 Land Use Plan Update classifies adjacent waters and high ground as Conservation. The waters of Horn Creek and the AIW W are classified SA-ORW by the Division of Water Resources. They ARE NOT designated as a Primary Nursery Area by the N.C. Division of Marine Fisheries and they are Closed to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to expand an existing docking facility. As proposed, there would be a new floating dock measuring approximately 8' in width by 14' in length installed in the recessed area located on the east side of the boat basin. The floating dock would be accessed by a ramp which would extend from the existing 4' wide access pier which extends from the boat basin. The applicant is also proposing to install a 12' wide by 25' long boatlift within the existing basin. A new 10' wide by 16' long float on boat dock/lift is also being proposed adjacent to the existing 8' by 16' floating dock on the water ward side. The application states that the proposed docking facility would accommodate up to three (3) vessels at this location in water ranging from approximately -3' to 4' @ NL W. RECEIVED APR 2 2 2016 DCM- MHD CITY Brian Forehand Page 3 10. ANTICIPATED IMPACTS: The proposed structures would incorporate approximately 272 sq. ft. of Public Trust Area and Estuarine Waters. The structures would not encroach into the 15' riparian corridor setback requirement of the adjacent riparian properties. The proposed structures would extend approximately 10' into a waterbody which measures approximately 54' across, thus, would not exceed the '/4 width of the waterbody. The proposed structures would accommodate up to three (3) vessels at this location within current water depths ranging from approximately -3' to -4' @ NLW. Minor turbidity increases may be expected during the construction process. Submitted by: Debra Wilson Date: 4/19/16 Office: Wilmington NARRATIVE FOR 2103 WASHINGTON ACRES ROAD CAMA PERMIT Add a floating dock on the northern end of the bulkhead. Bulkhead was originally made with a cut out for the floater so it will not stick out in waterway at all. The poles for the floater are also already in place. This project will require no construction at all. All that needs to be done is to float the floating dock into place and attach to existing poles. ,9.�/n,f c���m��/ 7ef /dc/C fo PXrf -� p -b lo�z-f- RECEIVED APR 2 2 2016 DCM- RECEIVED DCM WILMINGTON, NC APR 13 2016 RECEIVED DCM WILMINGTON, NC MAR 17 2016 DCM MP-1 APPLICATION for 1,vilctjor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name ,Q O1'eAQh Applicant 2: First Name MI Last Name I/ additional applicants, please attach an additional page(s) with names listed. Mailing Address ox V793 City State ZIP Country Phone No. FAX No. �YQ61sA asp sV5' .)5ext. Street Address (d different from above) �l Aserl2fie-CA State ZIP 0 t JaS4; /7C l'Cf 4 L Email /Jr"G', Yea+ Pr lmatr > L u 2. Agent/Contractor Information Business Name RECEIVE Agent/ Contractor 1: First Name Ar e' Al MI �/�J V Last Name // Fl (_e_ -'i Da APR 2 2 2016 Agent/ Contractor 2: First Name MI Last Name DCM_ M H D C11 Mailing Address PO Box /07f'3 City t✓;41" 11 State 1 `ic ZIP j� a U �y Phone No. 1 set-%lys-'YO2 ext. Phone No. 2 ext. FAX No. Contractor # Street Address (if di% nt from above) a Aq ivh �4G rt t City State ZIP Em(lail /' 18T'4n G M4r K /t'tcr*r. l d DCM WILMINGTON, NC DCM WILMINGTON, NC <Form continues on back>'R 13 2016 MAR 17 2016 Y 252.808-2808 .. 1.888.4RCOAST .. www. nccoastal management. net Form DCM MP-1 (Page J,of4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) e��cr Street Address '2 63 �f A' State Rd. # Subdivision Name fC C' A</Pr City �ti State /I C Zip a YY3 „- e Phone 146. Lot No.(s) (d many, attach additional page with list) Sz �r/S _FG A S ext. 1 a , I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project 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 6 W � 7 e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ❑Yes NNo work falls within. eh�(.Y� CUkw 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 44 c. Size of individual lot(s) S cc /- d. Approximate a evation of tract above NHW (normal high water) or NWL (normal water level) ? (I/many lot sizes, please attach additional page with a list) 'j [RNHW or ❑NWL e. Vegetation on tract f. Man-made features and uses now on tract RECEIVED � k lk�e4oP, S Ff� APR 2 2 2016 g. Identify and describe the existing land uses adjacent to the proposed project site. ,OC/- �c(�—bl2� DCM- MHDCITY Alocal h. How does government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) [:]Yes ❑No RNA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ANo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑yes ®No [:]NA ''' If yes, by whom? \\ I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes o ❑NA National Register listed or eligible property? RECEIVED <Form continues on next page> DCM WILMINGTON, NC RECEIVED MAR 17 2016 DCM W1'L'iv+rN ;.'TON„ INC 252-808.2808 .. 1-888.4RC0A'iT .. www.ncco""ag&ment.net Form DCM MP-1 (Page3 of 4) APPLICATION for Major Development Permit m. (i) Are there wetlands on the site? Yes o III) Are there coastal wetlands on the site? Yes Nb (iii) If yes to either (i) or (it) above, has a delineation been conducted? Yes No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. O L.1 4f"'�w"k� f1�%�,7A� oc✓7Y� r/r�e-� reyj/z �k-�� o. Describe existing drinking water supply source. cc r�`l t.,iG p. Describe existing storm water management or treatment systems. L) k-l- e 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government Rprivate/Community b. Give description of purpose, use, and daily of the project when complete. �a(/�fbrief operations / / // �`P r�r���A16 / A10 ;� - -'' it.'a % -7� 7; e 604d,' kp O.h c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type it is to be stored. / n of equipment and where (� AlovlP /�� , N t/J0.� �i Ct%D// / ©Okil d. List all developmenttivities you propose. / A-'-K APR 2 2 2016 e. Are the proposed activities maintenance of an existing project, new work, or both? DCM- IVND D CITY I. What is the approximate total disturand resu 'ng fro the proposed project? larea ❑Sq.Ft or []Acresbed OAi g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes PNo [:]NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i. Will wastewater or stonnwater be discharged into a wetland? ❑Yes Elo ❑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 [XNo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> RECEIVED DCM WILMINGTON, NC DCM WILMINGTON, NO MAR 17 2016 APR 13 2015 252-808.2808 :: 1.888.4RCOAST :: www.nccoastal management. net Form DCM MP-1 (Page yof 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-i) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. n Tl, h UG l Px) (^ 9 /f' b. An accurate, dated work plat (including plan view and cross -sectional rawings) drawn to scale. Please give th present status of the proposed project. Is any portion already complete? 0 previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. 6c / ke' hle., t, F f f. / c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. . A copy of the deed (with state application only) or other Instrument under which the applicant claims title to the affected properties. . 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 C 4¢ 1-f Phone No. Address 612 3 C>eeleY hl LJ �,,, �r �,,,� 4 (' d 4 YD 3 Z6 _/_� J 3 Name &f, _4( cam--- %fG; /r� (� J cLuv J Phone No. 9/c) a3/ - %S 8S Address O ,���% C.Jtf! :.. /V /icr of l�lJ� ��� �f Yy 2 Name Phone No. Address g. A list of previous state or federal permits issued for /work on the project tract. Include pier"(tnumbers, permilt�e7e, and issuing dates. �>s'1/- `// 1?✓n"" i "� � 6 5,/(i'✓W( �L.-J/ ��✓/T I "y S V �- E� J �� h. Signed consultant or agent authorization form, If applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) / k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date �' � Print Name Signature RECEIVED ��a�-.�_ APR 2 2 2016 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM- M H D CITY ❑DCM MP-3 Upland Development [__]DCM MP-4 Structures Information RECEIVED DCM WILMINGTON. NC RECEIVED DCM WILMINGTON, NC MAR 17 2016 252-808.2808 :: 1-888-4RCOAST :: www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1, DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/marina: b. (i) Will the facility be open to the general public ❑Commercial ❑Public/Government [;Vrivate/Community ❑Yes ©Fio c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ❑No (ii) Number If yes: / (iii) Length Px jfT,�C (ii) Number (iv) Width J (iii) Length (v) Floating ❑Yes ❑No (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? Yes ❑No f. (i) Are Boatlifts included? ly`rres []No If yes: j (ii) Number /. `��[ If yes: (h) Number (iii) Length 1=�' `�{�pr,k' (iii) Length (iv) Width $ /(�� 1 (iv) Width U (v) Floating [}Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: peiio..el kIP _ "-t,ya{e i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). []Open water; dredging for basin and/or channel RECEIVED BOpen water; no dredging required ❑Other; please describe: APR 2 2 2016 DCM- IAHD CITY k. Typical boat length: �'� I. (1) Will the facility ge open to the general'{wblic? Dyes 290 RECEIVED m. (i)Will the fa lityh.avetie pilings? DCM WILMINGTON, NC ❑Yes No (ii) If yes number of tie pilings? APR 14 2016 252-808.2808 :: 1.888.4RC0AST :: www.nccoastalmanagement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 2 of 4) m. (i) Will the facility have be pilings? Yes No Yes No (ii) If yes number of tie pilings? 2. DOCKING FACILITY/MARINA OPERATIONS MThis section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ 8oatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. C. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. _ i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. RECEIVED j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? APR 2 2 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC RECEIVED DCM WILM N TON, I*R 17 2016 13 Zola, :08 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 .J' 4 (Structures, Page 3 of 4) I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Isthemadna/docking facility proposed within a primary or secondary nursery area? Dyes []No n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes [—]No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAv ❑SB _ ❑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. (i) Is the boathouse structure(s): ❑Commercial ❑PubliGGovernment ❑Private/Community (ii) Number (III) Length (iv) Width _ Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (i) Number III) Length _ (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) his section not applicable a. Length _ b. Average distance from NHW, NWL, or RM ^ I ` , E D c. Maximum distance beyond NHW, NWL or wetlands APR 2 2 2016 6. MOORING PILINGS and BUOYS This sectton not applicable a. Is the structure(s): b. Number ❑Commercial ❑PubliGGovernment ❑Private/Community RECEIVED p&MWED DCM WILMINGTON, NO ncMv+ft4&z7M MAR 17 2016 AER 13 WE 252-808-2808 :: 1-888.4RCOAST ociennent.net revised: 12/27/06 Form DCM MP-4 (structures, Page 4 of 4) a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL d. Description of buoy (color, inscription, size, anchor, etc.) a. Proximity of structures) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. r � Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width Ff water body , d. WW�depth at wa� r� rd e of stfucture at NLW or NWL e. (i) Will navigational aids be required as a result of the project? [—]Yesp29bLo ❑NA (ii) If yes, explain what type and how they will be implemented. 8. OTHER ❑This section not applicable a. Give complete description: Date 2 Project Name Applicant Name Applicant Signature RECEIVED APR 2 2 2016 DCM- MHD CITY RECEIVED DCM WILMINGTON, NC ADD b 4 9fNR Date 3 V- /6 Dale Revised 611812012 NCI - �D EX. ey I(o Fo4i��5�i aC�, IF _. o '9m v Z � CO m G) n A m n od � m Z m v T N � V- p,,,m,A8 x 14 16' -+1 i 92.q / MaLJ —.I allow�l Coastal Management ENVIRONMENTAL QUALITY April 19, 2016 Mr. Brian Forehand P. O. Box 10793 Wilmington, NC 28404 Dear Mr. Forehand: PAT MCCRORY Gow""r DONALD R. VAN DER VAART S'eeremn BRAXTON DAVIS Direalur The Division of Coastal Management hereby acknowledges receipt of your application, for development activities at your property located at 2103 Washington Acres Road, adjacent to Horn Creek and the AIW W, in Hampstead, in Pender County. It was received as complete on April 14, 2016, and appears to be adequate for processing at this time. You have requested that the application be processed under the Express Review Permitting Program. Under this expedited process, the projected date for making a decision will be on or around May 14, 2016. Please be advised that this project will also require authorization from the US Army Corps of Engineers. The majority of CAMA major permit applications that also require Federal authorization are processed as ajoint review under the CAMA Major Permit / Corps of Engineers 291 General Permit process. Under most circumstances, the Federal review of these applications would be after May 14, 2016. If the US Army Corps of Engineers does not render a decision on your project by the time a CAMA permit decision can be made, the Division of Coastal Management will render a permit decision on the CAMA Permit only. Should that occur, the US Army Corps of Engineers would most likely process your project as a General Permit 291. Should you wish to place your project on hold before May 14, 2016, pending the receipt of the Federal decision, the Division of Coastal Management will render a decision once the Federal comments are received. 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. Sincerely, ��- �- Debra D. Wilson Wilmington District Manager / Express Permit Coordinator Enclosure cc: Doug Huggett, DCM Tyler Crumbley, USACE nothing Comparesm-,L� state of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 29405 919 796 7215 RECEIVED APR 2 2 2016 DCM- MHD UTY NOTI(ol$17i • •�. llj���AVA4LIXN�IWT'�I I • reri VAr :T • - IiIT�T�iifl�=�a.7/:►1'I'I'I'/l, Hampstead, Pender County. COMMENTS ACCEPTED THROUGH May 12, 2016 APPLICANT: FOR MORE DETAILS CONTACT Brian Forehand THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management PO Box 10793 127 Cardinal Dr. Extension Wilmington, NC 28404 Wilmington, NC 28405 Debbie Wilson, District Manager 910-796-7266 y� P6ndet GIS - Deed Search Page I of I The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 0250.jpg v Zoomin ZoomOut Previous Next 1i1diir1111mL1yn Iii1giii1ol1gf B4429 Lear lkou?nerPaw Colvun1 -Oaf C1c ✓ DEED OF TRUST COLLATERAL IS OR INCLUDES FIXTURES THIS DEED OF TRUST SECURES AN EQUITY LINE OF CREDIT GOVERNED BY THE PROVISIONS OF ARTICLE 9 OF CHAPTER 45 OF THE NORTH CAROLINA GENERAL STATUTES THE MAXIMUM PRINCIPAL AMOUNT WHICH MAY BE SECURED L 1a AT ANY ONE TIME IS $40,000.00 RECORDATION REQUESTED BY: First-Cltlzens Bank & Trust Company . Wilmington Plaza Office, c/o Loan Servicing Department, P.O. Box 26592, Raleigh, NC 27611-6592 WHEN RECORDED MAIL TO: V DATAQAICK First Citizens Bank, Loan Servicing Depl 5300 BTamdywine Pkwy, SIC 100 h, NC 27611.8692 Wilmingt,,, DE 19803 11,1 SEND TAX NOTICES TO: DEBRA K HINES FKA DEBRA K RHEM and IRA A HINES 11 AKA IRA A HINES AKA IRA ALEXANDER HINES JII, 436 E CREEKVIEW DR, HAMPSTEAD, NC 29443-2140 �/ .0 X le Deyd of TmelCprcPaMu c� Lo r � 3 5` 5,S % b /q V �zSB.a,a. SARA ANITA MURCHISON IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII WI�IIIIVIII�III 00000036601012281066090H2O14000000000GOO000000001 THIS DEED OF TRUST Is dated June 6. 2014, among DEBRA K HINES FKA DEBRA K RHEM and IRA A HINES II AKA IRA A HINES AKA IRA ALEXANDER HINES II, if. end husband, whaae add,... is 436 E CREEKVIEW DR, HAMPSTEAD, NC 28443,2140 ('Grantor"); First -Citizens Bank & Trust Company , whose addre us is Wilmington Plaza Office, clo Loan Servicing Department, P.O. Box 26592, Raleigh. NC 27611-6592 (refined to below sometimes as 'Lander' and sometimes as "Beneficiary"); and NEUSE. INCORPORATED, whose address le 100 EAST TRYON ROAD, RALEIGH, NC 27603 (referred to below as "Trustee'). CONVEYANCE AND GRANT. NOW. THEREFORE, as security far the Indebtedness, advancements and other sums expended by the Beneficiary pursuant to this Deed of Trust and costs of collection (including attarneye' fees as provided In the Credit Agreement) and other valuable consideration, the receipt of which is hereby acknowledged. Grantor has bargained, said, given, granted and conveyed and does by these presents bargain, sell, give, grant and convey to Trusters. and Trustee's hers or successors and assigns, for Me benefit of Lender as Beneficiary, all of Grantor's right, title, and interest in and to the following described real property, together with all existing or subsequently erected or affixed buildings, improvements and fixtures; ail easement., rights E C E V E of way, and appurtenance.; all water, water rights and ditch rights (including stock in utilities with ditch or 19 irrigation rights); and all other rights, royalties, and profits relating to the real property, including without similar matters, (t Initiationall minerals, all, gas, geothermal and simihe 'Redrop Property located in PENDER APR 2 2 County, State of North Carolina: 2 016 BEGINNING AT A POINT IN THE NORTHWESTERN LINE OF CREEKVIEW DRIVE 60 FOOT RIGHT OF WAY THAT IS SOUTH 36 DEGREES 36 V. MINUTES WEST 200.00 FEET FROM A POINT IN SAID LINE OF SAID FEET FROM A POINT IN SAID L INE STREET SAID STREET AT THE NORTHEASTERN MINUTES OF CURVE NO. 7. REFERENCE BEING MADE TO OFNTHE D M— M Fi D CITY MAP OF DEERFIELD, DATED FEBRUARY 1975, BY HOWARD M. LOUGHLIN, REGISTERED LAND SURVEYOR. RECORDED IN MAP BOOK 13, AT PAGE 59 OF THE PENDER COUNTY REGISTRY; NORTH CAROLINA, RUNNING THENCE FROM SAID BEGINNING POINT SOUTHWESTWARDLY ALONG SAID LINE RECEIVED WILMINGTON, NC ,APR 13 ZM MAR 17 2016 http://gis.pendercountync.gov/RODSearch/default.aspx 3/14/2016 Pander GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 0251.jpg v Zoomin ZoomOut Previous Next III�eu I III III Ce Pl 4 y. NCl og ., h.,. Le, '.I auf DEED OF TRUST (Continued) Page 2 OF SAID STREET AS IT CURVES TO THE WEST TO A POINT THAT IS SOUTH 45 DEGREES 26 'A MINUTES WEST 123.66 FEET FROM THE PRECEDING POINT, SAID POINT BEING THE P.P.C. BETWEEN CURVE NOS, 6 AND 7 AS SHOWN ON SAID MAP; THENCE SOUTHWESTWARDLY ALONG SAID LINE OF SAID STREET AS IT CURVES TO THE SOUTH TO A POINT THAT IS SOUTH 43 DEGREES 57 % MINUTES WEST 60.08 FEET FROM THE PRECEDING POINT; THENCE NORTH 50 DEGREES 52 'A MINUTES WEST 130.00 FEET TO AN IRON PIPE; THENCE NORTH 35 DEGREES 02 'A MINUTES WEST 125.00 FEET TO AN IRON PIPE AT, OR NEAR, THE HIGH WATER LINE OF MILL CREEK; THENCE NORTH 36 DEGREES 02 MINUTES WEST TO THE CENTER OF THE RUN OF SAID CREEK: THENCE UP THE CENTER OF SAID RUN AS IT MEANDERS IN A NORTHEASTERLY DIRECTION TO A POINT THAT BEARS NORTH 47 DEGREES 56 'A MINUTES WEST FROM SAID BEGINNING POINT; THENCE SOUTH 47 DEGREES 56 'A MINUTES EAST TO AN IRON PIPE AT, OR NEAR, SAID HIGH WATER LINE; THENCE SOUTH 47 DEGREES 56 'A MINUTES EAST 321.85 FEET TO THE POINT OF BEGINNING; THE SAME CONTAINING 1.25 ACRES MORE OR LESS, OF LAND ABOVE HIGH WATER, AND BEING ALL OF LOT 88 OF DEERFIELD, AND ALSO BEING PART OF TRACT D AS SHOWN ON THE AFOREMENTIONED MAP OF DEERFIELD. The Real Property or its address Is commonly known as 436 E CREEKVIEW DR, HAMPSTEAD, NC 28443. To have and to hold said Real Property with all privileges and appurtenances theraunto belonging, to the Trustee, his hake, successors and assigns forever, upon the trusts, terms and conditions and for the uses hereinafter at forth. Grantor presently assigns to Lander lalao known as Beneficiary in this Deed of Truett all of Grantor's right, title, and interest in and to all present and future leases of the Property and all Rents from the Property. In addition, Grantor grants to Lander a Uniform Commercial Code security interest in the Personal Property and Rents. THIS DEED OF TRUST, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY. IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND 18) PERFORMANCE OF EACH OF GRANTOR'S AGREEMENTS AND OBLIGATIONS UNDER THE CREDIT AGREEMENT, THE RELATED DOCUMENTS, AND THIS DEED OF TRUST. THIS DEED OF TRUST IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: This Dead of Trust secures an equity line of credit governed by the provisions of Ardcla 9 of Chapter 45 of the North Carolina General Statutes (N.C.G.S. 45-81 at seq.). Including all present and future advances of principal made thereunder and all Interest and other sums payable in connection therewith. Future advance. may be made at any time between the data of this Deed of Trust and that data which shall be equal to, but not more than, thirty (301 years beyond the date of this Dead of Trust. Specifically, without lanitation, this Deed of Trust secures a revolving line of credit, which obligates Lender to make advances to Borrower so long as Barmever compile. with all Ma terms of the Credit Agreement and the Related Documenn. The principal amount of the Credit Agreement may be borrowed, repaid, and reborrowed from time to done, as provided In the Credit Agreement, provided that the maximum principal amount of obligations outstanding at any one tone shall not exceed the maximum amount at forth above. GRANTOR'S REPRESENTATIONS AND WARRANTIES. Grantor warrants that: (a) this Deed of Trust is executed at Borrower's request and not at the request of Lender; IN Grantor has the full power, right, and authority to onto( Into this Deed of Trust and to hypothecate the Property; (c) the provisions of this Dead of Trust do not conflict with, or result in a default under any agreement or other Instrument binding upon Grantor and do not result In a violation of any law, regulation, court decree or order applicable to Grantor; (d) Grantor has established adequate means of obtaining from Borrower on a continuing basis Information about Borrower's financial condition; and lei Lender has made no representation to Granter about Borrower (including without limitation the creditworthineac of Borrower). GRANTOR'S WAIVERS. Grantor waives all rights or defenses arising by reason of any "one action' or *anti-deflclency- law, or any other law which may prevent Lander from bringing any action against Grantor, including a claim for deficiency to the extent Lender Is otherwise entitled to a claim for deficiency, before or after Lender's commencement or completion of any foreclosure action, either judicially or by exercise of a power of sale. Grantor expressly waives, to the extent permitted by North Carolina law, all of Grantor's rights under fal North Caroline General Statutes Sections 26-7 through Section 26-9, or any similar or subsequent Jews, (b) North Carolina General Statutes Section 25-3-605 relating to the impairment of the collateral, or any similar or subsequent law, and (c) North Carolina General Statutes Section 25-9-501 and 25-9-504 with respect to the "commercial reasonableness" of any sale of collateral, or any similar or subsequent laws. PAYMENT AND PERFORMANCE. Except as otherwise provided in this Dead of Trust, Borrower shall pay to Lander all Indebtedness secured by this Deed of Trust as it becomes due, and Borrower and Grantor shell perform all their respective obligations under the Credit Agreement, this Dead of Trust, and the Related Document.. POSSESSION AND MAINTENANCE OF THE PROPERTY. Borrower and Grantor agree that Borrower's and Grantor's possession and use of the Property shall be governed by the following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain in possession and control of the Property; 12l use, operate or manage the Property; and (3) collect the Rants from the Property. Duty to Maintain. Grantor shall maintain the Property in good condition and promptly perform eII r.,aire, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) During Me ECEIVED APR 2 2 2016 NIND CITY ?CM ILMINGTON, NO MAR 17 2016 APR 13 2016 http://gis.pendercount3rnc.gov/RODSearch/default.aspx 3/14/2016 Pander GIS - Deed Search Page I of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 442g v Page: 0252.jpg v Zoomin ZoomOut Previous Next IIIIIIIIIIIIIIII,IIHEI111111111111 L4291M ��ea • DEED OF TRUST (Continued) Page 3 period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lander in writing, (a) any breach or violation of any Environmental Laws, IN any use, generation, manufacture, storage, treatment, disposal, release or threatened relse" of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or I.) any ..fuel or threatened litigation or claims of any kind by any person reining to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, Store, treat, dispose of or release any Hazardous Substance an, under, about or from the Property: and of any such activity ahall be conducted In compliance with all applicable federal, state, and local laws, regulations and ordinances, including without limitation all Environmental Laws. Grantor authorize. Lender and Its agents to enter upon the Property to make such Inspections and tGrantor's expense, at Granexpense, as Lender may deem appropriate to determine compliance of the Property with this section of the Dead of Trust. Any Inspections or tests made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lander to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lander for indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Dead of Trust or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantor's ownership or interest in the Property, whether or not no same was ar should have been known to Grantor. The provisions of this Section of the Deed of Trust, including the obligation to indemnify and defend, shall Survive the payment of the Indebtedness and the satisfaction and reconveyance of the Ilan of this Dead of Trust and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. Nubence, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (Including oil and goal, coal, clay, scoria, sail, gravel or rack products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lender's prior written consent. As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lander to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lander and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to Lender'. interest. and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Deed of Trust. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long So, in Lender's sole opinion, Lender's Interests in the Property are not jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender'. Interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. Grantor shall do all other am, in addition to those acts set forth above in this section, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lender's option, declare immediately due and payable all sums secured by this Dead of Trust upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any Interest In the Real Property. A "sale or transfer" means the conveyance of Reel Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary; whether by outright sale, dead, installment sale contract, land connect, contract for deed, leasehold Interest with a term greater than three (3) years, lease -option contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of an Interest In the Real Property. However, this Option shall not be exercised by Lander if such exercise Is prohibited by federal law or by North Carolina low. TAXES AND LIENS. The following provisions relating to the taxes and liens on the Property are part of this Deed of Trust: Payment. Grantor shall pay when due (and in all events Prior to counquancyl all taxes, special taxes, assessments, charges (including water and sewer), fine. and Impositions levied against or on account of Me Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of all liens having priority over or equal to the Interest of Lender under this Deed of Trust, except for the lien of taxes and assessments not tlue, except for the Existing Indebtedness referred to below, and except as otherwise provided in this Deed of ,APR 13 2916 http://gis.pendercountync.gov/RODSearch/default.aspx tECE VED APR 2 20166'� 'MM - HD CI RECEIVED WILMINGTON, NC AR 17 Z016 3/14/2016 Pander GIS - Deed Search Page I of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 0253.jpg v Zoomin ZoomOut Previous Next IIIIIIIIIIIIIIIIIIII�IIIy. Iell.lIIIIIIf a ds?�3 ,;0.„ ; er DEED OF TRUST (Continued( Page 4 Trust. Right to Contest. Grantor may withhold payment of any tax, assessment, or claim In connection with a good faith dispute over the obligation to pay, so long as Lender's Interest In the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen (16) days after the lien arises or, If a Ilan is filed, within fifteen (IS) days after Grantor has notice of the filing, secure the discharge of tea lien, or if requested by Lander, deposit with Lander cash or a sufficient corporate surety bond or other security satisfactory to Lender In an amount sufficient to discharge the Ilan plus any costa and reasonable attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend Itself and Lander and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name Lander as an additional obligee under any surety bond furnished in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notka of Construction. Grantor shell notify Lender at least fifteen (15) days before any work is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's lien, materlalmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lander furnish to Lender advance assurances satisfactory to Lender that Grantor can and will pay the coat of such Improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Deed of Trust. Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender, together with such other hazard and liability insurance as Lender may reasonably require. Policies shall be written in form, amounts, coverages and basis reasonably acceptable to Lender and issued by a company or companies reasonably acceptable to Lender. Grantor, upon request of Lender, will deliver to Lender from time to time the policies or certificates of insurance in form satisfactory to Lander, including stipulations that coverages will not be cancelled or diminished without at least ten (10) days prior written notice to Lender. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender will not be impaired in any way by any set, omission ar default of Grantor or any other person. Should the Real Property be located in an area designated by the Administrator of the Federal Emergency Management Agency as a special flood hazard was, Grantor agrees to obtain and maintain Federal Flood Insurance, if available, within 45 days after notice Is given by Lander that the Property is located in a special flood hazard area, for the maximum amount of Borrower's credit line and the full unpaid principal balance of any prior liens on the property securing the loan, up to the maximum policy limits set Under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lander may make proof of loss If Grantor fella to do ea within fifteen (15) days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. If Lander elects to apply the proceeds to restoration and repair, Grantor shell repair or replace me damaged or destroyed Improvements in a manner satisfactory to Lander. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasonable cost of repair or restoration if Grantor is not in default under this Deed of Trust. Any proceeds which have not been disbursed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Deed of Trust, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. If Lander holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. Compliance with Existing Indebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Deed of Trust, to the extent compliance with the terms of this Deed of Trust would constitute a duplication of insurance requirement. If any proceeds from the insurance become payable on loss, the provisions in this Deed of Trust for division of proceeds Mall apply only to that portion of the proceeds not payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails (A) to keep the Property free of all taxes, liens, security interests, encumbrances, and other claim., (B) to provide any required insurance on the Property, (C) to make repairs to the Property or to comply with any obligation to maintain Existing Indebtedness in good standing as required below, then Lender may do go. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action that Lender believes to be appropriate to protect Lantler'. Interests. All expenses incurred or paid by Lender for such purposes will than ben Interest at the rate charged under the Credit Agreement from the date incurred or paid by Lander to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will (A) be payable an demand; UP be added to the balance of the Credit Agreement http://gis.pendercountync.gov/RODSearch/default.aspx ECEIVED APR 2 2 2016 M- MHD CITY OCM ILMINGTON,NC 17 2016 DCM WILMINGTON. NC APR 13 ZA 3/14/2016 Pander GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 0254.jpg v Zoomin ZoomOut Previous Next IIIII IIIII IIIIIIIIIIIIII�IIIIII III III4429 L .. 1t i , �jmtwoo DEED O (Continued) Page B and be apportioned among and be payable with any installment payments to became due during either (1) the term of any applicable Insurance policy; or (2) the remaining term of the Credit Agreement; or (C) be treated ae a balloon payment which will be due and payable at the Credit Agreement's maturity. The Deed of Trust also wfll secure payment of these amount.. The right, provided for in this paragraph shall be in addition to any other rights or any remedies to which Lender may be entitled on account of any default. Any such action by Lender shall not be construed as curing the default so as to bar Lender from any remedy that it otherwise would have had. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this Dead of Trust: Title. Grantor warrants that: (a) Grantor holds good and marketable title of record to the Property In fee simple, free and clear of all (lens and encumbrances other than those set forth in the Real Property description or in the Existing Indebtedness section below or in any tide insurance policy, title report, or final title opinion issued in favor of, and accepted by, Lander in connection with this Deed of Trust, and (b) Grantor he. the full right, power, and authority to execute and deliver this Deed of Trust to Lender. Defense of Tile. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persons. In the event any action or proceeding is commenced Chet questions Grantor's title or the interest of Trustee or Lender under this Deed of Trust, Grantor shall defend the action at Grantor's expense. Grantor may be the nominal party in such proceeding, but Lander shall be entitled to participate in the proceeding and to be represented In the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lander such instruments as Lender may request from time to time to permit such participation. Compliance With Laws. Grantor warrants that the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Premises. All promises, agreements, and statements Grantor has made in this Deed of Trust shall survive the execution and delivery of this Deed of Trust, shall be continuing in nature and shall remein In full force and effect until such time as Borrower's Indebtedness is paid in full EXISTING INDEBTEDNESS. The fallowing provisions concerning Existing Indebtedness are a part of this Deed of Trust: Existing Lien. The Ilan of this Dead of Trust securing the Indebtedness may be secondary and Inferior to an existing lien. Grantor exprosaly covenants and agrees to pay, or see to the payment of, the Existing Indebtedness and to prevent any default an such indebtedness, any default under the Instruments evidencing such indebtedness, or any default under any security tlocuments for such Indebtedness. No Modification. Grantor shall not enter into any agreement with the holder of any mortgage, deed of trust, or other security agreement which has priority over this Deed of Trust by which that agreement is modified, amended, extended, or renewed without the prior written consent of Lender. Grantor shall neither request nor accept any future advances under any such security agreement without the prior written consent of Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a pen of this Deed of Trust: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lentler such instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Not Proceeds. If all or any part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Lander may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all reasonable coats, expenses, and attorneys' fees incurred by Trustee or lender In connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Deed of Trust: ^ �'\ `( ED IV Current Taxes, Fees and Charges. Upon request by Lender, Grantor shell execute such documents in addition to this Deed of Trust and take whatever other action is requested by Lender to perfect and continue Lender's lien an the Real Property. Grantor shall reimburse Lender for all taxes, as described APR 2 2 2016 below, together with all expenses Incurred in recording, perfecting or continuing this Deed of Trust, including without limitation all taxes, fees, documentary stamps, and other charge. for recording or registering this Deed of Trust. Texas. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type DCM- Mj H® CITY of Deed of Trust or upon all or any part of the Indebtedness secured by this Deed of Trust; (2) a specific tax on Borrower which Borrower Is authorized or required to deduct from payments on the Indebtedness secured by this type of Deed of Trust; (3) a tax on this type of Deed of Trust chargeable against the Lender or the holder of the Credit Agreement; and 14) a specific tax on all or any portion of the DCM VVILMINGTON, NO RFrFIVFr) M A b q, 7 2016 DCM WILMINGTON, NC ,APR 13 2016 http://gis.pendercountync.gov/RODSearch/default.aspx 3/14/2016 Pander GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 0255.jpg v Zoomin ZoomOut Previous Next I IJ II IiiiLuii1111Y.11 J111illf R;2 N0 514 tro>M DEED OF TRUST (Continued) Page S Indebtedness or an payments of principal and Interest made by Borrower. Subsequent T"ss. If any tax to which this section applies is enacted subsequent to the date of this Deed of Trust, this event shall have the same effect as an Event of Default, and Lander may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (21 contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Deed of Trust as a security agreement are a part of this Deed of Trust: Security Agraement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lander shell have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest In the Personal Property. In addition to recording this Deed of Trust In the reel property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Deed of Trust as a financing statement. Grantor shall reimburse Lender for all expenses incurred in perfecting or continuing this security Interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the Property. Upon default, Grantor shell assemble any Personal Property not affixed to the Property in a manner and at a place reasonably convenient to Grantor and Lander and make it available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Address". The mailing addresses of Grantor (debtor) and Lender (secured party) from which information concerning the security interest granted by this Dead of Trust may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Deed of Trust. FURTHER ASSURANCES: ATTORNEY -IN -FACT. The following provisions relating to further assurances and attorney -in -fact are a pert of this Deed of Trust: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause to be filed, recorded, rafted, or rerecorded, as the case may be, at such times and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, instruments of further assurance, certificates, and other documents as may, In the sale opinion of Lander, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Borrower's and Grantor's obligations under the Credit Agreement, this Deed of Trust, and the Related Documents, and (2) the liens and security interests created by this Deed of Trust on the Property, whether now owned of hereafter acquired by Grantor. The lien of this Deed of Trust and me security interest granted hereby will automatically attach, without further act, to all after -acquired property attached to and or used in the operation of the Property or any part thereof. Unless prohibited by law or Lander agrees to the contrary in writing. Grantor shall reimburse Lender for all costs and expenses incurred in connection with the matters referred to in this paragraph. Attomley,4 -Fact. If Grantor fails to do any of the things referred to in the preceding paragraph, Lander may do so for and in the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby irrevocably appoints Lender as Grantor's attorney -in -fact for the purpose of making, executing, delivering, filing, recording, and doing all other things as may be necessary or desirable, In Lender's sale opinion, to accomplish the matters referred to in the preceding paragraph. FULL PERFORMANCE. This conveyance by Grantor is made upon this special trust, that if Borrower pays all of the Indebtedness in full accordance with its terms, terminates the credit line account and performs and complies with all of the covenants, terms and conditions of this Deed of Trust, the Credit Agreement and the Related Documents, men this conveyance and the estate granted hereby shall cease, determine and become void, and this Deed of Trust shall be cancelled of record by Lander: and In such event, Lender shall execute and deliver to Grantor suitable statements of termination of any financing statement on file evidencing Lender's security interest in the Rents and the Personal Property. EVENTS OF DEFAULT. Grantor will be In default under this Deed of Trust If any of the following happen: (Al Grantor commits fraud or makes a material misrepresentation at any time In Connection with the Credit Agreement. This can include, for example, a Islas statement about Borrower's or Grantor's income, assets, liabilities, or any other aspects of Borrower's or Grantor's financial condition. (B) Borrower does not meet the repayment terms of the Credit Agreement. (C) Grantor's action or inaction adversely affects the collateral or Lander's rights In the collateral. This can include, for example, failure to maintain required insurance, waste or destructive use of the dwelling, failure to pay taxes, death of all persons liable on the "count, transfer of title or sale of the dwelling, creation of a senior lien on the dwelling without Lander's permission, foreclosure by the holder of another lien, or the use of funds or the dwelling for prohibited purposes. RIGHTS AND REMEDIES ON DEFAULT. If an Event of Default occurs under this Deed of Trust, at any time thereafter, Trustee or Lender may exercise any one or more of the following rights and remedies: Election of Remedles. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other DCM ECEIVED APR 2 2 2016 A— N6HD CITY RECEIVED VILMINGTON, NC IRNP7 2016 .APR 18 201ta, http://gis.pendercountync.gov/RODSearch/default.aspx 3/14/2016 Pander GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 0256.jpg v Zoomin ZoomOut Previous Next 4429 C-��tlW R�Iial.,I.1 Lear L1li.imb1Pa 1 DEED OF TRUST (Continued) Page remedy. If Lender decides to spend money or to perform any of Grantor's obligations under this Deed of Trust, after Grantor's failure to do so, that decision by Lender will not effect Lender's right to declare Grantor in default and to exercise Lender's remedies. Accelerate Indebtedness. Lender shall have the right at Its option without notice to Borrower or Grantor to declare the entire Indebtedness immediately due and payable. Express Power of Sala Provlslon. Upon the application or request of Lander, it shall be lawful for and the duty of the Trustee, and the Trustee is hereby authorized and empowered, to expose to sale and to sell the Property at public auction for cash, after having first complied with all applicable requirements of North Carolina law with respect to the exercise of powers of sale contained in deeds of trust or such other sales appropriate under the circumstances; and upon any such sale, the Trustee shall covey tide to the purchaser in fee simple. In the event of any sale under this Deed of Trust by virtue of the exercise of the powers granted in this Deed of Trust, or pursuant to any order and any judicial proceeding or otherwise, the Property may be sold as an entirety or in separate parcels and in such manner or order as Lander in its sole discretion may elect. Trustee shall be authorized to hold a sale pursuant to North Caroline General Statute Chapter 45. Upon any such sale of the Property, or any portion thereof, after deducting the Trustee's commission and after paying all costa and expenses incurred in connection with such sale, including reasonable attorneys' fees for legal services actually performed by Trustee. Trustee shall apply the proceeds of the ease to the payment of all Indebtedness secured by this Deed of Trust and otherwise as required by the than existing law relating to foreclosures. The Trustee's commission shall be a reasonable commission not to exceed five percent (5%) of the gross proceeds of the sale for a completed foreclosure. In the event foreclosure is commenced but not completed, the Grantor shall pay all expenses incurred by Trustee, including reasonable attorneys' fees and a reasonable partial commission not exceeding five percent 15%) of the outstanding Indebtedness in accordance with the following schedule: one fourth thereof before Trustee issues a notice of hearing on the right to foreclosure: one-half thereof after Issuance of said notice: three -fourths thereof after such hearing; and the full commission after the initial sale. If Trustee so elects, Trustee may sell the Property covered by this Dead of Trust at one or more $operate sales in any manner permitted by applicable North Carolina law, and any exercise of the power. granted in this Dead of Trust shall not extinguish or exhaust such powers, until the entire Property is sold or the Indebtedness is paid in full. If such Indebtedness is now or hereafter further secured by any chattel mortgages, pledges, contracts of guaranty, assignments of lone or other security instruments, Lander may at its option exercise the remedies granted under any of the Security agreements either concurrently or Independently and in such order as Lander may determine. Foreclosure. With respect to ell or any part of the Real Property, the Trustee shall have the right to foreclose by notice and sale, and Lender shall have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. UCC Remedies. With respect to all or any part of the Personal Property, Lander shall have all the rights and remedies of a secured party under the Uniform Commercial Coale. Collect Rents. Lander shall have the right, without notice to Borrower or Grantor to take possession of and manage the Property and collect the Rents, Including amounts past duo and unpaid, and apply the net proceeds, over and above Lender's costa, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rants are collected by Lender, then Grantor irrevocably designees Lender as Grantor's attorney -in -fact to endorse Instruments receivedin payment thereof In the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lander In response to Lender's demand shall satisfy Me obligations for which the payments are made, whether or not any proper grounds for the demand existed. Lander may exercise its rights under this subparagraph either in parson, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding fareclosure or sale, and to collect the Rance from the Property and apply the proceeds, over and above the east of the receivership, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lander shall not disqualify a person from serving as a receiver. Tenancy at Sufferance. If Grantor remains in possession of the property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Borrower or Grantor, Grantor shall become a tenant at sufferance of Lander or the purchaser of the Property and shall, at Lender's option, either (11 pay a reasonable rental for the use of the Property, or (2) vacate the Property Immediately upon the demand of Lander. Other Remedies. Trustee or Lender shall have any other fight or remedy provided in this Dead of Trust or the Credit Agreement or available at law or in equity. Notice of Sale. Lander shall give Grantor reasonable notice of the time and place of any public sale of the Personal Property or of the me after which any private sale or other intended disposition of the Personal Property is to be made. Reasonable notice shall mean notice given at least ten (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made in conjunction with any sale of the Real Property. _)CM ECEIVED APR 2 2 2016 M- UND CITY 17 2016 NC http://gis.pendercountync.gov/RODScarch/default.aspx RECEIVED DCM WILMINGTON, NC 3/14/2016 Pander GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 0257.jpg v Zoomin ZoomOut Previous Next IIIIIIIIIIIIIIIIIIIIINIIIIIINIIIIII I4419 P029We j;e e'�em pander eeuntr. DEED OF TRUST W Register er o.emne:g: a i tf (Continued) Page a Sale of the Property. To the extent permitted by applicable law, Borrower and Grantor hereby waives any and all rights to have the Property marshalled. In exercising Its rights and remedies, the Trustee or Lender shall be tree to sell all or any pert of the Property together or separately, in one sale or by separate sales. Lender shell be entitled to bid at any public sale on all or any portion of the Property. Attorneys' Foes; Expenses, If Lender institute& any suit or action to enforce any of the terms of this Dead of Trust, Lander shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action is involved, and to the extent not prohibited by law, all reasonable expenses Lender Incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of Its rights shall become a part of the Indebtedness payable on demand and shell bear interest at the Credit Agreement rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's reasonable attorneys' fees and Lender's legal expense., whether or not Mere is a lawsuit, including reasonable attorneys' fees and expenses for bankruptcy proceedings (including effort, to modify or vacate any automatic stay or injunction), appeals, and any anticipated past -judgment collection services, the coat of searching records, obtaining title reports (Including foreclosure reports), surveyors' reports, and appraisal fees, title insurance, and fees for the Trustee, to the extent Permitted by applicable law. Grantor also will pay any court coats, in addition to all other sums provided by law. Rights of Trustee. Trustee shall have all of the rights and duties of Lander as set forth in this Section. POWERS AND OBLIGATIONS OF TRUSTEE. The following provisions relating to the powers and obligations of Trustee are part of this Deed of Trust: Powers of Trustee. In addition to all powers of Trustee arising as a matter of law, Trustee shall have the power to take the following actions with respect to the Property upon the written request of Lender and Grantor: (a) join in preparing and filing a map or plat of the Real Property, including the dedication of streets or other rights to the public; W)join In granting any easement or cresting any restriction on the Real Property; and (c) join in any subordination or other agreement affecting this Deed of Trust or the interest of Lander under this Deed of Trust. Trustee. Trustee shall meet all qualifications required for Trustee under applicable law. In addition to the rights and remedies set forth above, with respect to all or any part of the Property, the Trustee Shall have the right to foreclose by notice and sale, and Lender will have the right to foreclose by judicial foreclosure, in either case in accordance with and to the full extent provided by applicable law. Trustee's Fees. The Trustee's commission shall be five percent (596) of the gross proceeds of the sale for e completed foreclosure. In the event foreclosure is commenced, but not completed, Grantor Shall pay all expenses incurred by Trustee and partial commission computed on five percent (5%) of the outstanding Indebtedness, according to the following schedule: one-fourth of the commission before Trustee Issues a notice of hearing on the right to foreclosure; one-half of the commission after issuance of notice of hearing; three -fourths of the commission after a hearing; and the full commission after the initial sale. Express Power to Substitute a Trustee. Lender shall have the Irrevocable right to remove at any time and from time to time without limit the Trustee named In this Deed of Trust without notice or cause and to appoint a successor by an instrument in writing, duly acknowledged, in such a form as to entitle such written Instrument to be recorded In the State of North Carolina; and, in Me event of the death or resignation of the Trustee named in this Dead of Trust, Lender shall havethe right to appoint a successor by such written instrument, and any Trustee so appointed shell be vested with the title to the Property, and shell postage all the powers, duties and obligations herein conferred on the Trustee In the same manner and to the same extent as though the suttees.. trustee were named in this Dead of Trust as Trustee. NOTICES. Any notice required to be given under this Deed of Trutt, including without limitation any notice of default and any notice of sale shall be given in writing, and shell be effective when actually delivered, when actually received by telefaceierle (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mail, .9 first class, certified or registered mail postage prepaid, directed to the addressee shown near the beginning of this Deed of Trust. Any person may change his or her address for notices under this Dead of Trust by giving formal written notice to Me other person or persona, specifying that Me purpose of the notice is to change the person's address. For notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's current address. Unleas otherwise provided or required by law, If there is more than one Grantor, any notice given by Lantler to any Grantor is deemed to be notice given to all Grantors. It will be Grantor'. responsibility to tell the others of the notice from Lender. MODIFICATIONS AND EXTENSIONS. The term. of any Note, Credit Agreement or other instrument evidencing Me Indebtedness or any other obligation secured by this Instrument may be changed from time to time by agreement between the holder(a) thereof and the parties obligated thereon as material. Such changes may include, without limitation, the renewal, extension, modification, amendment, refinancing, restatement and/or Increase of the obligation. For example, the holdenol and maker(s) may agree to is) In...... ar do..... she interest rate. (b) convert the obligation to or from a closed -end or an open-end obligation, to) convert the obligation to or from a fixed Interest rate obligation or an adjustable interest rate obligation, (d) Increase or decrease the payment amount, to) change the payment schedule, if) extend or Shorten the firms during which future advances may be made, (g) advance andlor re -advance loan proceeds, (h) amortize a balloon payment, (if extend or shorten the maturity time, 0) Increase the principal amount, face amount, end/or credit limit of the Instrument evidencing the obligation, and/or (it) any combination of the foregoing. To the extent permitted by DCM RECEIVED APR 2 2 2016 CM- MHD CIT RECEIVED M WILMINGTON, NO MAR 17 2016 VELD IGTON, NC http://gis.pendercountync.gov/RODSearch/default.aspx APR 13 SYA/2016 Pender GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Ponder County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4 v Page: 0258.jpg v Zoomin ZoomOut Previous Next I even ty. K.01.Ir B4429 L... lill-ismf,es DEED OF TRUST (Continued) Page 9 law, the obligation as so changed from time to time and all future advances and re -advances relating there. shall be and ..mine to be secured by this Instrument with a priority as of the date this Instrument Is recorded, regardless of whether any record of such change Is Bled or recorded or when funds are advanced or re -advanced. GRANTOR'S ADDITIONAL WAIVERS. To the extent permitted by applicable law, Granter also expressly waives all benefits, claims, rights and dafenses Grantor may have or acquire that are based on: (A) any statutory or common law provision limiting the liability of or requiring the discharge or exoneration of a guarantor or surety; IS) suretyship or Impairment of collateral, including any benefits, claims, rights or defenses Guarantor may have or acquire pursuant to sections 3.419 and 3.805 of the Uniform Commercial Code as adopted and amended from time to time by the various states; (C) any statutory or common law provision that releases, discharges, or limits the liability of a remaining obligor following the release of a joint obligor; (0) homestead or exemption laws and any rights thereunder with respect to any collateral taken as security for the Indebtedness; (E) any "one action," "anti-delicial or other statutory or common law provision limiting the right of Lander to obtain e judgment against or to otherwise proceed against any person or entity obligated for payment of the Indebtedness (including Grantor, if that Is the case), whether before or after the foreclosure, sale or other disposition of any collateral taken as security for the Indebtedness; and (F) any legal or equitable doctrine or principle of marshalling, Lender shall not be required to sell or dispose of collateral in inverse order of alienation or In any other particular order. Without affecting or lessening Lender's rights under this Instrument, Lender may do or not do any of the fallowing with respect to the Indebtedness or Note without Grantor's knowledge, consent or joinder: (A) grant extensions of time for payment, (B) grant renewals, (C) permit modifications of payment terms or other terms or conditions, (D) permit assumptions of one Indebtedness or Note, (E) release one or more borrowers or guarantors from liability, and (F) exchange or release any collateral or other security. LIMITATION ON AMOUNT SECURED. Notwithstanding anything in this Instrument to the contrary, any time the aggregate outstanding principal balance of the Indebtedness (exclusive of those sums that, according to state law, are not to considered In computing the maximum principal amount which may be secured by this instrument) exceeds the maximum principal amount the may be secured by this Instrument any one time, the excess shell not be secured by this instrument. In addition, the term 9ndebtodness' shall not include, and this instrument shall not secure, any obligation or indebtedness for which disclosures are required under the federal Truth -in -Lending AM and Its implementing regulations as promulgated by the Federal Reserve Board unless the required Truth -in -Lending disclosures were adequately given. INFORMATION ABOUT OTHER LIENS. Lender is authorized to obtain such information about other liana or claims of lien on the Real Property as Lender may reasonably request from the each creditor or other person or entity that has, claims to have, or asserts a lien on the Real Property. The Information requested may Include, but is not limited to, the nature of the lien or claim of lien, the circumstances under which the lien or claim of lien arose, and the amount required to aatisfy the lien or claim of Ilan. The creditors or other persons or entities that have, claim to have, or assert a lien on the Real Property are authorized and directed to promptly provide to Lender the information requested by Lander. This provision applies whether the lien or claim of lien is superior or subordinate in priority to the lien of this instrument. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Deed of Trust: Amendments. What is written in this Deed of Trust and in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Deed of Trust. To be effective, any change or amendment to this Deed of Trust must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. Caption Headings. Caption headings in this Deed of Trust are for convenience purposes only and are not to be used to interpret or define the provisions of this Deed of Trust. Merger. Thera shall be no merger of the interest or estate created by this Deed of Trust with any other interest or estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Squirming Law. This Dead of Trust will be governed by federal law applicable to Lender and. as the extent not preempted by federal law, the laws of the State of North Carolina without regard to Its conflicts of law provisions. This Deed of Trust has been accepted by Lender in the State of North Carolina. Joint and Several Liability. All obligations of Borrower and Grantor under this Dead of Trust shall be joint and several, and all references to Grantor shall mean each and every Grantor, and all references to Borrower shell mean each and every Borrower. This means that each Grantor signing below is responsible for all obligations in this Dead of Trust. No Wal by Lender. Grantor understands Lander will not give up any of Lender's rights under this Deed of Trust unless Lender does so in writing. The fact that Lender delays or omits to exercise any night will not mean that Lander has given up that right. It Lander does agree in writing to give up one of Lender's rights, that does not mean Grantor will not have to comply with the other provisions of this Deed of Trust. Grantor also understand. that if Lender does consent to a request, that does not mean that Grantor will not have to get Lender's consent again if the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Lander will be required to consent to any of Grantor's future requests. Grantor waives presentment, demand far payment, protest, and notice of dishonor. RECEIVED RECEIVED APR 2 2 2016 M- Ill CI RECEIVED WILMINGTON, NC MAR 17 2016 APR 13 2016 http://gis.pendercountync.gov/P,ODSearch/default.aspx 3/14/2016 Pander GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 10259.jpg v Zoomin ZoomOut Previous Next IIII IIIIIIIIIINII Inlll ;,"?,rie"'as DEED OF TRUST Moetlnuedl P.B. 10 Severabglty. If a court finds that any provision of this Deed of Trust Is not valid or should not be enforced, that fact by Itself will not mean that the roe of this Dead of Trust will not be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Deed of Trust even if a provision of this Deed of Trust may be found to be Invalid or unenforceable. Succesacrs and Assigns. Subject to any limitations stated in this Deed of Trust on transfer of Grantor's interest, this Deed of Trust shall be binding upon and inure to the benefit of the parties, their successors end assigns. If ownership of the Property becomes vested in a person other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Deed of Trust and Me Indebtedness by way of forbearance or extension without releasing Grantor from the obligations of Mia Deed of Trust or liability ender the Indebtedness. Time I. of the Essence. Time is of the essence in the performance of this Deed of Trust. DEFINITIONS. The following words shall have the fallowing meanings when used in this Deed of Trust: Beneficiary. The word 'Beneficiary' means First -Citizens Bank a Trust Company , and its successors and assigns. Borrower. The word 'Borrower' means DEBRA K HINES and IRA A HINES II and includes all co-signers and co -makers signing the Credit Agreement and all their successors and assigns. Credit Agreement. The words 'Credit Agreement' mean the credit agreement dated June 6, 2014, with credit limit of 440,000.00 from Borrower to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE CREDIT AGREEMENT CONTAINS A VARIABLE INTEREST RATE. Dead of Trust. The words 'Deed of Trust' mean this Dead of Trust among Grantor, Lender, and Trustee, and includes without limitation all assignment and security interest provisions relating to the Personal Property and Rents. Environmental Laws. The word. 'Environmental Laws' mean any and all state, federal and local statutes, regulations and ordinances relating to the protection of human health or the environment. Including without limitation the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, at seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, r seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Deleon. The words "Event of Default' mean any of the events of default set forth In this Deed of Trust in the default section of this Deed of Trust. Existing Indebtedness. The words OExisting Indebtedness' mean the indebtedness described In the Existing Liens provision of this Deed of Trust. Grantor. The word 'Grantor- means DEBRA K HINES FKA DEBRA K RHEM and IRA A HINES 11 AKA IRA A HINES AKA IPA ALEXANDER HINES II. Hazardous Substances. The words 'Hazardous Substances' mean materials that, because of their quantity, concentration or physical, chemical or infectious chracteriaocs, may cause or pose a present or potential hazard to human health or the environment when improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used in their very broader sense and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term 'Hrerdous Substances' also includes, without limitation, petroleum and petroleum by-products or any fraction thereof and asbestos. Improvements. The word 'Improvements' means all existing and future improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Reel Property. Indebtedness. The word 'Indebtedness' means all principal, interest, and other amounts, costs and expenses payable under the Credit Agreement or Related Documents, together with all renewals of, extensions of, modifications of, consolidations of and substitutions for the Credit Agreement or Related Documents and any amounts expanded or advanced by Lender to discharge Grantor's obligations or expenses incurred by Truces or Lander to enforce Grantor's obligations under this Deed of Trust, together with interest on such amounts as provided in this Deed of Trust. Landes. The word "Lander' means First -Citizens Bank 6 Truer Company , its successors and assigns. The words 'successors or assigns' mean any person or company that acquires any interest in the Credit Agreement. Personal Property. The words "Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with all proceeds [including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property. The word'Propwy' means collectively the Real Property and Me Personal Property RECEIVED APR 13 2016 http://gis.pendercountync.gov/RODSearch/default.aspx ECEIVED APR 2 2 2016 M- f.or v '�Y RECEIVED ,M WILMINGTON, NC ac AR 17 2016 3/14/2016 Pendet GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4429 v Page: 10260.jpg v Zoomin ZoomOut Previous Next IlllnlllllllllllllllllllllllllllIII ?� ? ;,e,' , aw • DEED OF TRUST (Continued) Page 11 Real Property. The words -Real Property" mean the real property, interests and rights, as further described in this Deed of Trust. Rested Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties• security agreements, mortgages, deed. of trust, county deeds, collateral mortgages, and all other instruments, agreements and documents, whether now { or hereafter existing, executed in connection with the Indebtedness. Remo. The ward 'Rents' means all present and future rents, revenues, income, issues, royalties, profits, and other benefits derived from the Property. Trustee. The ward 'Trustee' means NEUSE, INCORPORATED, whose address is 100 EAST TRYON ROAD, RALEIGH, INC 27603 and any substitute or successor trustees. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS DEED OF TRUST, AND EACH GRANTOR AGREES TO ITS TERMS. GRANTOR _a- K Fkd,u fmc;v .4.�14.R'.-... DEBRA K HINES FKA DEBRA K RHEM IRA A NINES II AKA IM A HINES AKA IRA ALEXANDER HINES 11 INDIVIDUAL ACKNOWLEDGMENT STATE OF -f IC I y ' I SS COUNTY OF iY .1(IJA-A_na� I I, Sara A.Murchison a Notary Public for said County and State, certify the DEBRA K HINES FKA DEBRA K RHEM and IRA A HINES II AKA IRA A HINES AKA IRA ALEXANDER HINES II personally came before me this day and acknowledged the due execution of the foregoing Instrument. ''''� Witness my hand and Notarial Seal this the G day of �• 20i. %LaIA q ra A4a4C J s�*1J Notary Public My Commission Expires: 1 Affix Notedd Sea h 0' ••• �`•;�, RECEIVED O rays APR 2 2 2016 LASER PRO Lending, Ver. 14.2.0,021 Cppr. 0+H USA Corporation 1997, 2014. All Rights Reserved. NC C M- M I -I D C ITI�, F:\LPL\CFhLPL\G01.FC TR-793492 PR-736 RECEIVED M WILMINGTON, NC MAR 17 2016 ,APR 13 Z015 http://gis.pendercountync.gov/RODSearch/default.aspx 3/14/2016 Pender GIS - Deed Search Page 1 of I The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 4 v Page: 0261.jpg v Zoomin ZoomOut Previous Next IIIII II IIIIIIIII IIIIIIIII IIII�IIII III BOOK:4429 PAGE:261 a i'a°..0u o.m N.m-,rown a Excise Tax: $ 2-41 ` Tax m#: 3711-op-1349y-0004 32954 i�ivmrr Property Address: eee:.12 12 WAS AQtE.^a, HAassxNAn, arc 28443 da l � �%sij1o7,73�,1r1M;,.,1�if Drawn by: Lancaster 4 Trotter, P.A. 4430 Park Road Charlotte, NC 28209 (704) 525-1702 STATS OF NORTH CAROL COUNTY OF PEND R THIS INDffiiTRSRE Made this 1( day of jit , 2014, between TD HANK, N.A., hereafter GRANTOR, andXSRIAN D. FOREHAND, hereafter GRANPSE. The designation Grantor and Grantee as used herein .hall include said parties., their heirs, successors, and assigns, and &hall include singular, plural masculine, feminine or neuter as required by contaict. ik9Wly frrciatal NITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby ackm ledged, has and by these Presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certainn lot or parcel of land situated in FENDER County, North Carolina and more particularly described as follower Sea Exhibit "A" attached hereto and incorporated herein by reference. .. Deed Reference: Nook 3952 Page 343 = HAVE AND TO HOLD the aforesaid lot or parcel of land andall D privileges and appurtenances thereto belonging to Grantee in fee simple. And the Grantor covenants with the Grantee, the Grantor has done mcthing to impair such title as Grantor received, and Grantor will 'Submitted Nectroniralry ba Baker A Win, PLL in comphance with North Carolina statutes goeming recordable doaments and the terms of the suhmdter agreement with the Pander County Begitter of needs. - :CEIVED PR 2 2 2016 - MHD CITY RECEIVED WILMINGTON, NC AR 17 2016 .APR 13 2016, http://gis.pendercountync.gov/RODSearcti/default.aspx 3/14/2016 PeOdr GIS - Deed Search Pay--e 1 of 1 The office of the Register of Deeds for Pender County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 442g v Page: 0262.jpg v Zoomin ZoomOut Previous Next 111111111111111111111111 warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor. = w ss wNEEEOF, the Grantor has hereunto set his band; or if corporate, has caused this instrument to be signed in its corporate name by its duly authorized officers by authority of its Hoard of Directors, the day and year first above written. TD HANK, N.A. By.y_- Freaii�nt STATE OF Comm OF V I,Lk. a, No 1i of the said County and State certfify that wil per pnally came before me this day wed that (s)he is President of TD HANK, N.A., and that as -President being authorized to do so, (s)he executed the orego on behalf of the corporation. Witness my h d d official seal this day of Not c My Commission expires: l�-ass (Notary Seal) ` pPILyH ",f i ``.�f,�P N O Co- bbe - 4lrywme ECEIVED APR 2 2 2016 DCM- IVHD CITY RECEIVED WILMINGTON, NC RECEIVED ,MAR 17 2016 .ens KAILI^ Kl al APR 13 2016 http://gis.pendercountync.gov/RODSearch/default.aspx 3/14/2016 ' Periddr GIS - Deed Search Page 1 of 1 The office of the Register of Deeds for Pander County hereby DISCLAIMS, and the user hereby WAIVES any warranty, implied or otherwise, as to the correctness of the information contained herein. Deed Book: 442g v Page: 0263.jpg v Zoomin ZoomOut Previous Next I Jill JilI11II111I1I11I BOOK:4429 PAGE263 14se.5°W6 I.ao..r,ra«. c µ. EffiSIT -A' TRAIT 1: SENG ALLOP LOT 32 AS SHOWN ON MEMAP ENTITL6D'LONG POINT ESTATES. LOTS II -13 A -REVISION OFSECNONS-LOT$ 28R-51IR' RECORDED N MAP BOOK 46ATPAGHM (SHSBT I OP2) OF THE REGISTRY OF PINCER MG .NORTHCAROLMA, APPERA'LBTO WHICH MAP IS MADEPOR A MORN PARTICULAR DESCRIPTION. TRACT 2: P BENO ALL OF THE AREA DENOTED 'LOT 12 OFF31Tr AS SHOWN ON THE MAP OVTITLED'LONG PONT ESTATES, LOTS 11 .13 &-REVISION OF SfiCTION 5-1.0'I92HR.5BR-°RECORD®NMAP.H00K46 ATPAGH56 . (SHEBT20P2) OF TH8 REGISTRY OP PIUSRCOUNI'Y,-NORTH CAROLNA, REFERENCE TO WHICH MAP IB MADE FORA MORE PARTICULAR DESCRIPTION. TRACTS 4 AND 2 ABOVE ARE SUBIECTTO ALLRBSTRICTIONS, HOMEOWNERS ABSOUATION DO ENT6 AND BASEMENTS OF MCGRD MCLUDNO, BUT NOT LIMITED TO, RESTRICTIONS RECORDED N BOOK 31"AT PAGE 14. SUPPLEMENTAL RESTRICTIONS RECORD®.%BOOK 3394 ATPAG8309ANDBOOK ATPAOS—BYLAWSRBCORDBON BOOK 3129 AT PACE 45, AND All. AND AMENDMENTS TO SAID RESTRICTIONS AND BYLAWS RECORDED N THE RENDER COUNTY REGISTRY. SUBJECT FURTHER TO THAT L'filLTANSMONWON STRSETD(SCLCMJ)q STATEMENT RECORDED N BOOK 3In AT PAGE 9 OFTHE PENDER COUNTY ASGISTRY. SUBJECT FURTHER TO THAT CSRTAN DECLARATION OF EASEMENT RECORDED % BOOK I 129 AT PAGE 61 OFTHB FENDER COUNTY REGISTRY; AND AS APPLICABLE, TOGETHER WITH ALL OF THE RIGHTS AND PRNILEOBS SETFORTH IN SAM DECLARATION OF BASEMENT RECORD® N BOOK 3129 AT PAGE 63 OFM E PINCER COUNTY REGISTRY, TkACJs 1)"2ABOVEAEE TOOA'Tt PA t{ EKCI,Us)vg,. PBREMAC E'A'SBMEIJT MR ME NSTALCAMSC L RECONSTRUCTION AND MAINTENANCE OF PRINATE SEWER FORCE MAN THROUGH THE 5-POOT AM 10-FOOT PRIVATE UTILITY BASSE4I NTS AS SHOWN ON SHE MARS N MAP BOOK 46 AT FACIE 56 AM MAP BOOK 46 AT PACE SS,OF THEABND®R COUNTY REGISTRY, RBPERBNCE TO WHICH SAID MAPS 6 HEREBY MADE FORA MGM PARTICULAR DIDCRPDON OF SAND EASEMENT, AND BEING MORN PARTICIL Y DESCRIBED AS FOLLOWS: I. RUNNING AIDNO THE SOMEAS TERN PROPERTY LINES OF LOTS It. 12, IS AND THE DEDICATED OPEN SPACE AS SHOWN ON MAP BOOK 46 AT PAGES& 1 CROSSING WASHNGTON ACRES ROAD; 3. CROSSING THE I0.FOOTNILITY BASEMENT (AT CORNER OF LOTS 3BR AND 48R): 4. THENCERUNNMOALONOTHEIbPOOTPRNA-IBUTIWTYEASEMPNTM A NORTHWESTERLY DIRECTION OVER TOTS 4BR AM OPEN SPACE; ANORTHIN@RIE4WNOALON FOOT PRNATEURLIT)'EASEMBNTM A TNWBSTfiIU,Y OElER1ON IONOVOVER LOTSBRTO I'IB NTBRSECITON , W RH TH E l IFFOOT I1TB-1T1' FASBM9YF: .. . E THENCBRGNNINOATnNGTxH lo-sooTvncSnEaserMmrrNA SOIITHWFBTEP.LY D]REC110PYOVBR LOTS SBR.6BAAND TBAASSHOWN ONMAP BOOK 46 E PA0E36TO ITS NIID43 M" S WITH A I0.POOT I PRIVAT8UTRITYSAS6M.9VTA9 SHOWN ON MAPBOOK46AT PADS SS; T.THENCERUNNINC'ALONDTHEIDFOOTPRNATSUTILTTYBASWM N A NORTH WJ38TBRLYAND THEN NORTHEASTERLY DIRECTION OVER LOTS 11"HAMMOCK WATCH WAY, LOT I=; 14R AND IR AS SHOWN ON THE MAP N MAP BOOK 46 AT PAM 55 TO THE OFPSRB SEPTIC AREA DEPICTED ON MAP BOOK46 AT PAGE 56 (SHEET I OF 2). '.'0`EIVED t 2 2 2016 NAND CITY RECEIVED WILMINGTON, NC AR 17 2016 APR 13 2016 http://gis.pendercountync.gov/RODSearch/default.aspx 3/14/2016 a Page 1 of 1 I. l I . FOREHAND, BRIAND PO BOX 10793 VALMIINGTON, NC DEED:4429 261 06162014 A TDPSAIIJ, UryJ 329 48-0 00 1 L12 PS 481142, LONG POINT EST TAP TOPSAIL 3291-D6-7348-0000 IPB47/75,PB 46156 I (RECORD NUMBER; MPSTAD284D4 IPENOERE EMSF[RE IRLIOSTER:EB0 D92309 - E 1235DO IVASHINGTON ACRES RD IS64 IREVI EVL ITOPO ISTREET UTILITY IZONING I ROLL NG IEXCE L LEN ELE CTRI Cl FA -DASH I I ISPTCTANKI NOTES: I I IAELL I Ji LAND CLASS SIZE ISASERATE-FRNT-OPTH-ADI-ADIRATE-UNITS-LND-VALUE tI14TRE5D UND1104F 192DI 3BDOID.9910.991 0.51 18621 IG41 193648 LAND VALUE: 193649 *10THER FEAT I SIZE ISASERATE-COND =ADORATE'UNITS-RCNOB-VAL OTHER VALUE: RCN: 0 FNDATI ONI XTRFNI SHI ROOFTYPEI ROOFNTRLI SI ZE)4TYI RCNLO: 0 NALLFNSHI FLOORS IHEATBAIRIHEATFUELI I MAP: 00480142 I I I I 1 I I I I B CONDITION ADI: % BLDG DEPR: 0.80 % i15TRUCTUREIS%TCH-SF-STHT- AREA RATE-GRDF+HEAT+EXAL-VLHT=AD7 RAT- AREA- RPCN' DEPF'CNDF=STR-VALUE PRIOR VALUE I LAND 193648 I STRUCTURE VALUE: BLDG 0 I NBHO-AD7: 2043 CAVB: 0 ' 1. D TOTAL APPRAISED -VALUE: 193640 RECEIVED APR 2 2 2016 DCM- MHD CITY ECEIVED RECEIVED DCM WILMINGTON, NC DCM WILMINGTON, NC APR 13 2016 MAR 17 2016 http://gis.pendercountync.gov/TaxCards/3291-06-7348-0000/00010001.jpg 3/14/2016 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Applying for Permit: /9— li Mailing address: Phone Number: O D i3,,4 & ) Z 3 I'✓ S I certify that I have authorized ' Agent / Contractor act on my behalf, for the purpose of applying and obtaining all CAMA permits necessary for the proposed development of at my property located at in County. This certification is valid through Date (Property Owner Information) Signature n f Ui'e/'Q, � Print or Type Name Title Date Phone Number RECEIVED APR 2 2 2016 DCM- MHC CITY RECEIVED Cu RECEIVEI�CM WILMINGTON, NC Email Address MW' Wit! 4AdNGTO M R 17 2016 ,APR 13 ZM �2 — /s—A" Date m ui►r�o ti N Poatfpa m certified Fee ru O Retum Receipt Fair O (Endoreement Required) r3 Restricted Delivery Fee 0 (Endoreemenl Required) ru $0 O Total Postage 3 Fees m $6. m a M 3tiet;E�Wrva a,PoepxNo. ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front R space permits. 1. Article Addressed to: 6/dz3Exe%i P/- W , nC a -YO 3 IIIIHIII IIIIIIIII III I IIIII II III I II HINIII III 9590 9403 0311 5155 3672 20 2. Article Number (Transfer Iron service label) 7013 31120 0002 3729 2344 PS Form 3811, April 2015 PSN 7530-02-000-9D53 ON B. Received Revised 611812012 RECEIVED APR 2 2 Z016 Or�X WID CITY ❑ Agent Of la deliveryaddresa different from Rem l? U Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Expre" ❑ Adult Signature ❑ Registered Mail— W❑Bdutt Signature Restricted Delivery ❑Registered Mail Restricted .rtifled Maile Delivery ❑ certified Mail Restricted Delivery ❑ Return haR for f ❑ collect on Delivery ❑ Collect on Delivery Restricted Delivery 0 Signature confirmationTM ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery (over $5W) RECEIVED Domestic Retl aMWOUMINGTON,NC RECEIVED 16 ,APR 13 2U16 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF1 COASTAL MANAGEMENT ADJACENT RIPARIAN PROPWTY OWNER NOTIFICATIONANAIVER FORM Name of Property Owner: h ' "v t' Address of Property: L o /� 3 � I ' " ��� rt (Lot or Street #, Street or Road, City & County) Agent's Name #: Agent's phone #: e 0 r Agent's email: 7 it c o;,,/I Qc+ J'?'hs� t�Ju •—y� Mailing Address: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or dr4wing with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. h you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) ;n writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Dive Ext., Wilmington, NC, 28405.3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Maii. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) RECEIVED I do wish to waive the 15' setback requirement. APR 2 2 2016 1 do not wish to waive the 15' setback requirement. (Property Owner Information) nt^Re . ^ un CITY (Adjacent Property Owner Information) Signature Print or Type Name Mailing Address RECEIVED DCM WILMINGTON, NC City/State/Zip DCM WILMINGTON)P(R 1 1 2016 ,29�2 ``1111s- --)5 Telephone Number APR 13 2016 Telephone Number CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONfWAIVER FORM Name of Property Owner: Address of Property: Agent's Name �2119 I�AJx11, (Lot or Street #, Street or Road, City & County) #: 13r•c., rrelq-.. / Agent's phone #: aS�-9i 5 0'/)( 3 y y�1 Mailing Address: RECEIVED APR 2 2 2016 Agent's email:7 iL-Ojr / C v—. pCM- MHD CITY I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawing with dimensions must be provided with this letter. J I have no objections to this proposal. proposal. r- m If you have objections to what is being proposed, you must notif ru P in writing within 10 days of receipt of this notice. Correspond( Er s Ext., Wilmington, NC, 28405-3845. DCM representatives can ru response is considered the same as no objection if you have be( t j POB�°e $ _ 8 centred Fee .00 `u EB WAIVER SECTIOI o (Endorseme tR°Bequtred) 00 I understand that a pier, dock, mooring pilings, breakwat(o Rsstdoted Dervery Fee back a minimum distance of 15from my area of riparian o (Endorsement Requir}', � wish to waive the setback, you must initial the appropri<o Total Postage a Fge. ll m GT t o I do wish to waive the 15' setback requir( rn ___ _ Gra e �J�4.1P Go, 0 8rreer, Apr: Novi ----•%------- •- ----- -•--- � o/POaoxNo. 2 �jr1 G✓4Sti -.. I do not wish to waive the 15' setback r( Cftsrere;ra:+---- "---" "' """"'' 3�-``•• (Property Owner Information) (Adjacent Property Owner Information) Signature Print or Type Name ,�,x 16 /Mauling Address// �4 / nXLld City/State1Zt Telephone Number U4X,A-1— Signature 2T.n16 -G WILCEIVED N, NC Print or Type Name s 2016 Mailing Address 'FCEIVED NC City/State ip quo MAt 17 2016 Telephone Number Coastal Management ENVIRONMENTAL QUALITY March 23, 2016 Brian Forehand P. O. Box 10793 Wilmington, NC 28404 Dear Mr. Forehand; PAT MCCRORY Goormor DONALD R. VAN DER VAART Se,mlary BRAXTON DAVIS Durclol Enclosed is the application for a CAMA Express Major Permit received in our office on March 17, 2016. As we discussed during our phone discussion today, the application is being returned to you due to a pending violation for your existing docking facility. You may resubmit your application once you have received the Notice of Violation and penalty and the case has been closed out. As you requested, we are keeping your check for $2000 as a credit towards your resubmittal of the Express Major Permit application. Also, please remember that all drawings in your resubmittal must be to scale and an accurate depiction of all existing structures. The width of the waterbody should also be measured from your existing bulkhead to the water ward edge of the existing marsh on the other side of the canal (I measured 54') and please show the'/4 width (13.5') of the waterbody line on your drawing as well. Thank you for your understanding and cooperation in this matter. If you have any further questions please feel free to call or e-mail me and I have enclosed my business card for your convenience. Sincerely, R: � �. Debra Wilson District Manager Nothing Cornpares_!- State of North Carolina I Environmental Quality I Constal Management 127 Cardinal Dnve E#., Wilmington, NC 28405 919 796 7215 RECEIVED APR 2 2 2016 DCM- MHD CITY NC Division of Coastal Management EXPRESS Major Permit Application Computer Sheet AEC AIWW CDAITS SIPS -- Fee 2000 Applicant: Brian D. Forehand Agent: self Project Site County: Pander Staff: Debbie Wilson District: Wilmington Project Name: Forehand Docking Facility Expansion Rover File: River Basin: Cape Fear Initial date of application submittal to WiRO: 3-17-16 Date application "received as complete" in the Field office Permit Authorization: A ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: No I PNA: Yes Photos Taken: Yes No❑ Setback Required (riparian): []Yes o Critical Habitat: ❑Yes J4,No UNot Sure 15 foot waiver obtained: Yes No Hazard Notification Returned: ❑Yes &Mo SAV: Yes ❑Not Sure Shell Bottom: []Yes No ❑ Not Temporary Impacts: ❑Yes Ao Sure Sandbags: ❑Yes ❑ Not Sure Did the land use clapsification come Mitigation quired (optional): from county LUP: Yes ❑No []Yes o Moratorium Conditions: EnvironmentaL�l Apsessment Done: Length of Shoreline: ❑Yes []No PINA ❑Yes ❑No7] % FT. Shellfish Area Desi nation: Project Description: (code) Development Area: (code) Open -or- Closed p SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) Nutrient Sensitive Waters (NSW) I El Swamp Waters (SW) ❑ High Quality Waters (HOW) 1,kZOutstanding Resource Waters (ORW) WETLANDSIMPACTED ❑ (404) Corp. of Engineers ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salioornia sp.) (Jurisdictional wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass ❑ (SY) Salt reed grass (Spartina altemiflora) (Spartina cynosuroides) ❑ (DS) Salt or spike grass (SC) Bullrush or three square ❑ (TY) Cattail (Typha sp.) (Distichlis spicata) (Scirpus sp.) ❑ (JR) Black needlerush El (SP) SalUmeadow grass (Juncus roemerianus) (Spartina patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 ❑ III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 acre; 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major El IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 X Express Permit - $2000 acre; 3490 can be applied - $400 RECEIVED - El Major development extension request - ❑ II. Public or commercial/no dredge $100 andlor fill - $400 [11. Private no dredge and/or fill - $250 III(C) Priv. public or comm w /D&F to 1 acre; 3490 can be applied; DCM needs DWQagreement -$400 DCM- MHD CITY Applicant: Brian D. Forehand Date: 3-17-16 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One New Work] Replace Maint ❑ ❑ Y N c New WOM616, Replace J Maint ❑ ❑ Y 904 New Work El Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New -Work -El— Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount Dredge ❑ Fill ❑ Both ❑ Other 2 - Z 22 Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ R E C E Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ o" % 2 , APRL� pCM.1�t1�=� (ED 9*6 919-733-2293 :: 1-888.4RCOAST :: wwwmccoastalmanMement.net revised: 1Oil 2/O6