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HomeMy WebLinkAbout57-15 Thomas, KevinPermit Class Permit Number NEW 57-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermt"t 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 Kevin Thomas, 817 Berwyn Road, Wilmington, NC 28409 Authorizing development in New Hanover County at Futch Creek, 8737 Bald Eagle Lane, Wilmington , as requested in the permittee's application dated 1/25/15. including the attached workman drawings (4), all dated revised 1/25/15 This permit, issued on May 11, 2015 , 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 Facility 1) Unless specifically altered herein, this permit authorizes the boatlifts and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. r ZZ Braxton C. Davis, Director Division of Coastal Mana %b This permit and its conditions are hereby accepted. MAY 2 0 1015 wRfW-WIA4 of Petmittee A Kevin Thomas ADDITIONAL CONDITIONS Permit 957-15 Page 2 of 3 3) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be pennitted. New dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 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 work. 5) 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. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the pennittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) 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. 8) This permit does not authorize any additional boatslips. At no time shall more than 4 vessels be moored at this docking facility. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 11) 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. RECEIVED 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior 2 0 1015 project initiation. IS Kevin Thomas Permit #57-15 Page 3 of 3 ADDITIONAL CONDITIONS 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0206. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00615, which was issued on 3/30/15. NOTE: An application processing fee of $250 was received by DCM for this project. RECEIVED MAY 2 0 ?M un. N-mmQ Q'Tw 'Permit Class NEW Permit Number 57-15 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Kevin Thomas 817 Berwyn Road Wilmington NC 28409 Authorizing development in New Hanover Countyat Futch Creek, 8737 Bald Eagle Lane, Wilmington , as requested in the permittee's application dated 1. 25/15 includingthe he attached workplan drawings (4) all dated revised 1/25/15 This permit, issued on May 11, 2015 , 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 )e subject to tines, imprisonment or civu action; or may cause me permit to oe nun anu vulu. Docking Facility 1) Unless specifically altered herein, this permit authorizes the boatlifts and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2018 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority or the Secretary oI VhNK anti me Chairman of the Coastal Resources Commission. �'`,+t''t�✓2aW � gad � � .4_. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Kevin Thomas ADDITIONAL CONDITIONS 3) The authorized project is located within a primary nursery area (PNA) T15A:07H.0208 of the Rules of the Coastal Resources Commission, Permit #57-15 Page 2 of 3 Therefore, in accordance with no new dredging or within the PNA shall be permitted. New dredging in any manner, including "kicking" propellers, is not authorized. This prohibition shall be applied and enforced throughout existence of the permitted structure. excavation with boat the entire 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 work. 5) 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. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) 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. 8) This permit does not authorize any additional boatslips. At no time shall more than 4 vessels be moored at this docking facility. General 9) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 10) No vegetated wetlands shall be excavated or filled, even temporarily, without permit modification. 11) 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. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. Kevin Thomas Permit #57-15 Page 3 of 3 ADDITIONAL CONDITIONS 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: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 15-0206. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No. SAW-2015-00615, which was issued on 3/30/15. NOTE: An application processing fee of $250 was received by DCM for this project. BOM MP-1 APPLICATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. FWmary Applicant/ Landowner Information Business Name Project Name (if appecable) I Applicant 1: Fist Name keg, %Jt;j MI Last Name ' KO►.nn Applicant 2: First Name MI Last Name 7adddional appfiCants, plisaw attach an sdditnal pages) wM names bsod. Macey Address 8�`1 3L'2Wyl.r �d PO Box Clly �NrI.IMrN4jDJ stele NCB zip 1%405 C Xu Neu kkkv w61l Phone No. �I I� �613by4� FAX No. SUsel Address (AdAlbrarr<6om above) City Stab ZIP Emall 2. AgwWontractorinfonnadon Business Name QoAT2Rl('k-7 ANC. AWW Contractor 1: First Name "o(S)c I MI 1 Last Ny^y, j3ut+•+i4ror4 AgWW Contractor 2: First Name MI tat Name Mang Address 1811 �8(Lwy fj 2c� PO Box Gly (AI)-l1,."clbij Stab N L 23P Phone No. I 10 -U 1- U14 y ®d. Phone Na 2 ext. FAX No. Cw*ac b)rf Street Address (ifdifferent from above) City Stab ZIP Email D DCM ;;Li'vilPvGiUN, NC FEB 0 G 2015 252-808-2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) StreetAddress State Rd. i NEW rNOVE U / 3-1 �)A-�D [=AW4-t L%%- SWdivbionName City State Zip W)If„I..4f oW WC Phone No. Lot No.(s) (Amory, attach additional page with fist) 910 -A)- 11 , a. In which river is Davin is the project located? b. of body of water nearest to proposed protect 7G "( jName TUtCVA C(Zcc rw Is"water bo6y identified in (b) above, nat ran or mermade? d. Name the closest rnator water body to the proposed project eke. [Rkabnal ❑Manmade ❑Unknown n I: t-wt) e. Is proposed work within city limits or planning jurisdiction? I f. t applicable, list the planning jurisdiction or city limit the proposed ©Yes []No work halls within 4. Site Description j a. Total length of shorelire on the tract (IL) b. Sore of entire tract (sq.1t. c. Sae of indrvtdual lots) d. Approximate elevation of tract above NHW (normal high water) or tin& (ncrm d wabrA&yeD (if man; tot sizes, please attach additional page with a list) n Z / HIN or ❑NINL a. Vegetation on tract / c� J--4v.. " q "'V "-/�0" U C 04r' S f. Man-made leaturos and uses rylw on tract r ` e--6 �!l Lj . g. kbn wy and desaibe the [arid usesaAlacerd to the proposed proflect sne. h. How does total government zone the tract? L Is the proposed oroject consistent with the aoplicable zoning? /f (Atlaclr zOgkg compliance certificate, rf applicable) rW-"ye ONo ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes MW k. Hasa professional archaeological assessment been done for the tract? t yes, atach a copy. ❑Yes ❑No MkA If yes. by whom? 1. Is the proposed project located in a National Registered Historic District or does t involve a ❑Yes ❑No 54 National Register fisted or eligible property? rir_t.r=r v �✓ <ionn wtttinttrts on nettt ptyN DCM WILMINGTON, NC FEB 0 6 2015 252-808.2808 :: 1-888.4RCOAST Form DCM MP-1 (Page 3 of 4) APPLICATION for Maior Development Permit m. (i) Are there wetlands on the site? []Yes [ONO (it) Are there coastal wetlands on the site? ❑Yes (ONO (e) If yes to either (i) or (n) show:, has a delineation been conducted? ❑Yes []No (Attach documentation, if available) I n. Describe exisfino wastewater treatment facilities I I NIA I o. Uescnbe emom dnnKmu water supmv source. 1 NL I p. Describe existing stone water management or treatrnerd systems. j IJ/A I 5. AcdWdes and Impacts a. WR the project be for commercial, ic, or private use? []Commercial ❑PublidGovemment 2Private/Commuridy b. Give a brief description of purpose, use, and daily operations of the project when complete. p�y�-vim �VA S 07� sr�� c. Describe the proposed construction methodology. types of construction egripnenl to be used doing construction, the number of each type I of ecuiDmeM and where ti is to be stored. QA.. JN dnQG-S f Q� �QnND d. lei an devemmem activities; You propose. I e. Are the proposed activities maintenance of an.emsting�F.project now work or both? r ,/� - /� n I..S 'S nu a(.1 l!r 2a tcit VA"' R.— tl0J< B�*�i .r� ,JBtI a, /acc f. the approximate total distu land area resulting from the proposed project? st or ❑Aeres g. WR the Proposed project encroach on any pubic easement, public accessway or other area Oyes ❑No ONA that the public has established use or? h. Describe location and type of existing and proposed discharges to waters of the slate. NIA I. WR wastewater or stormwater be discharged into a wwetiand? ❑Yea ❑No If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No j. Is there any mitigation proposed? ❑Yes ❑No WNA If yes, attach a mitigation proposal. storm con inuas o.. — u6IN WILMINGTON, NC FEB 0 6 2015 52-808-2808 :: 1-888-4RCOAST :: www.ncconsta l management. net i �' Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 1 6. Addidonal Information I 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 property prepare the required items below. a. A proect narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly indicate on maps. plats, drawings to distinguish between work completed and ooposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate appicadon 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 thev have 30 days in which to submit commends on the proposed project to the Division of Coastal Management. Name , Phone No. ot lZ- J-�:�3Address Sr v Name q , S O L- * Phone No. ^ctereasV33 3,%1k cfwf-L,r- W.tb. Nt ;!$`ill 9ro-6ao-o3a j Nhtme Pholta No. Atldiass U. A 10 ofpmvkm stale or kderal permits issued for work on the project Vact. kohde pemhk numbers, gem mee. and issrrrg dates. -W 6S06q <Ary,A G��r2nL 12�f1,/'F I h. Signed consultant or agent authorization form. if supkcable. I i. Wetland delineation. if necessary. I 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 expendihlre of public funds or use of public lands. a8ach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Ceri ieation and Permission to Enter on Land _ - - - - a co aa� a��,iwaci - ......._ _.... :__v_u ,,. s - ..,ii aiiuri u6rr line 6eY"etJpment deSGrineu in me apirmcalton. The project will be subject to the conditions and restrictions contained in the permit. 1 certify that I am authorized to grant, and do in fad grant permission to representatives of state and federal review agencies to enter on the aioremenuoned iands in connecijon with evaivaiing information reiaieu ru inns perm¢ appucaiiun anu iuiww-up monitoring of the project I further certify that the information provided in this application is truthful to the t� my k owledge. D(31C I U-From a.. Signature Please indicate application attachments pertaining to your proposed project. pDCM MP-2 Excavation and Fill Information pDCM IMP-5 Bridges and Culverts 7CM MP-3 Upland Development DCM MPA Structures Information RECEIVED DCM WILMINGTON, NC FEB 0 6 2015 252-808-2808 .. 1-888-4RCOA3T .- www. nccoastal management. net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (n Is the docking facllily/manna: // []Commercial❑Pubtic/Govemmem ❑Private/Community c. (I) Dock(s) and/or piers) (it) Number t (5) Length (iv)Width (v)Floating as []No e. (i) Are Platforms included? ❑Yes IJNo If yes: (ii) Number (ii) Length (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. () Nk. nbW of slips proposed (9) Number of slips existing L i. Check the proposed type of siting: ❑ Land cut and access channel ❑ n water; dredging for basin and/or channel j n water; no dredging required ❑Other; please describe. El This section not applicable b. (i) Wilt the fact' be open to the general public? ❑Yes No d. (i) Are Finger Piers included? []Yes Go If yes: (it) Number _ (ii) Length (iv) Width (v) Floating [--]Yes ❑No f. (i) Are Boatlifts inducted? ®Yes ❑No If yes: (it) Number (III) Length I— x 11-' G (iv) Width )X6 ' 14 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies 0 Dockage (fret slips") only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., ooen runabout charter boats, sail ts, mixed types: UrL- /u ✓1Lke>Gt K. Typical boat length: I. (i) Will the facili open to the general public? ❑Yes ( m. OWill the facility have tie pilings-, DCM WILMINGTON, NC ❑Yes ❑Nc (i) if yes number of tie pilings? FEB 0 6 2015 252408-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS 10This 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: — Locatton El Showers ❑ Boathokling tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewate, 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. (it) Give the location and number of "Pumpout Available` signs or000st t. 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" sions proposed. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on ovemight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? M. 1Iss a marinaldocking facility proposed within a primary or secondary nursery area? FEB 0 6 2015 es []No 252-L,08-2808 :: 1.888-4RCOAST :: www,nccoastalmanagement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 3 of 4) n. Is the marinVdocking facility proposed within or adjacent to any shellfish harvestino area' ❑Yes l3fNc o. Is the marina/docking facility proposed within or adjacent to coastal wellands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom SS), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SE OWL Owns p. Is the proposed marinaldocking facility located within or within dose proximity to any shellfish leases? ❑Yes 2/No If yes, give the name and address of the leasehotder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) gThis section not applicable a. (i) Is the boathouse structure(s;. ❑Commercial ❑PubliclGovemment ❑Private/Community (ii) Number (Ix) Length IN) Width Note: Roofed areas are calculated from dnpl/ne dimensions. 14. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP-2, Excavation and Fill.) Qihis section not applicable a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheelpile, etc.) Othis section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 16. MOORING PILINGS and BUOYS LL7/his section not applicable a. Is the strudure(s): ❑Commerdal ❑Public/Government ❑Private/Community a Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge, itpresem. e. Arc of the swng 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED DCM WILMINGTON, NC FEB 0 6 2015 252.808.2808 :: 1-888-4RCOAST :: wwwmccoastalmanaaement.ne! revised: 12/27/06 Form DCM MP-4 (Structures. Paae 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilit� 1 S` ' �U l Note: For buoy or mooring piling, use arc of swing including length of vessel. c. WiQth of water bodv .`1 e. (i) Will naviga�J'°nal aids be required as a result of the project? Dyes ©No ❑NA (it) If yes, explain what type and how they will be implemented. d. Water deoth at waterward end of structure at NLW or NVe, S. OTHER 0This section not applicable a. Give complete descriohon Date 5 ', a'S a s Project Name ` Ktv•N T�dMaS Applicant Name , K1--J,N 1I,0mA< Applicant Signature RECEIVED DCM WILMINGTON, NC FEB 0 6 2015 252-808.2808 :: 1.6b, astal manag_eme nt. net revised: 12/27/06 &4*1 AUD-EN R North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 11, 2015 Kevin Thomas 817 Berwyn Rd. Wilmington, N.C. 28409 Dear Sir or Madam: The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff - colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733- 2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified parry may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions.arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Enclosure Sincerely, ygl I1 as V. Hugge Major Permits and Consistency Manager N.C. Division of Coastal Management 400 Commerce Avenue, Morehead City, North Carolina 28557 Phone: 252-808-28081 FAX 252-247-33301 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer DCM Coordinator: �� w/ Permit #: S 7" 1S MAILING DISTRIBUTION SHEET Permitee: keo-'—T".r DCM Field Offices Elizabeth City (with revised work plan drawings) Moreh ead City Wash " (4 �S ✓ US ACOE Offices: Washington: Raleigh Bland Wilmington: T er Crumb — Cultural Resources: Renee Gledhill -Early or (environmenta .review@ncdcr.gov Public Water Supply: i e J. William Oj Joey rite (WARO) NC DOT: n Pace Shellfish Sanitation: P:Fowllee State Property: Tfrn�Walt Water Resources: Karen � H(alei hY John Hennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne Steenhuis — 401 Ch Coburn - 40 Lin a ewrs - tormwater Wildlife Resources: Mar' una-(WARO) , LPO: Fax Distribution: Permitee #: Agent #: N4724/ Ir-O 1L ,e&V,,i jrtoMhS January 25, 2015 To: Jim Spicuzza 2020 Scrimshaw PI. Wilmington" NC 28405 From: Boatzright Inc. 817 Berwyn Rd. Wilmington NC 28409 Boatzright is the agent of record for Kevin Thomas of 8737 Bald Eagle Ln. Wilmington NC 28411 Dear adjacent riparian property. owner, You have received this letter as part of the required CAMA notification process for adjacent property owners. The adjacent property owner at 8737 Bald Eagle Lane has applied for a CAMA Major permit to install two boat lifts, rebuild the fixed pier and replace the floating dock as per the drawing attached. Please note that the new fixed pier, new floating dock and boat lifts will be located inside the existing foot print of the old pier, boatlifts and floating dock. The work will consist of removal of the old pier, floating dock and adjoining boat lifts and installing new boat lifts, pier and floating dock. The elevation of the new pier will be three foot higher than the old pier. In fact the work to be performed is nothing more than the replacement of what is existing however because no previous permit for this address exist the formality of applying for and receiving a CAMA major permit is required. A CAMA, Adjacent Riparian Property Owner Statement and drawing are attached. As an adjacent landowner you are advised that you have thirty days in which to submit comment on the proposed project to the Division of Coastal Management. The boat lifts, pier and floating dock comply with the riparian set back rules. Please fill in the blanks and return this form in the envelope provided. Best regards Hobie Buffington Boatzright Inc. Agent for Kevin Thomas, Phone 910-795-0228 RECEIVED D Email, Boatzright@gmail.com DCM WILMINGTON, NC FEB 0 6 91015 % a Ab LLJ J m �• S w•s i 2 L1 IOPOSED NEW FLOATING DOCK IT MCCEED EXISTING FLOATING 1TER LIMITS Ape_ �'�vE•� 16K LB BOAT LIFT I B. ts y U' ss' gSi 1 as 1 �L JIC JIG 1IC aIC i4 . �nwaaarvn yi, y7 0,Ll LB �3T$ OAT LIR �.• APPROK 15' RIPARIAN LINE SETBACK 3IG ii aIL PROPERTY OF: THOMAS WAN ETAL BOOK 5591, PAGE 0591 Pdl➢uB7L17H% PROPERTYOR () HARBORSIDE HOLDINGS LLC z BOOK 5394• PAGE: 2371UJ Q Z O > N Z � U� o w w 'i PROPERTYOR HOWARD JOHNF BOOK: 99IM, PAGE: IS13 0 1B 30 60 SCALC V • 30' 25 3 f 20 15 S a 0 30 APPROX. 5 MHW 3.71 APPRO) MLW 0 _5 _1 -1 0 E)DSTTNG DOCK OUTER LINTS (PROPOSED DOCKS NOT TO IXCEED) PROPOSED PROPOSED 16K LB BOAT LIFT MARSH LINE PROPOSED WK LB BOAT LIFT PROPOSED (H S NOT OR CLARITY) ' ELEVATED WALKWAY SHOWNOWN FOR FLOATNG DOCK EOSTING BOTTOM 0 0 o C o 0 0 o O �j 0 0 0 EXISTINGPILINGS DEPTHSHSUNKNOWN DEPTHS EP iNUR MR46S (TVP) ALL PILINGS DEPTHS PER CONTRACTOR 1 200 190 180 170 160 150 140 130 120 110 100 90 80 70 60 50 40 30 20 10 0 DISTANCE (FT.) 0 25 20 15 10 5 0 _5 -10 -15 SCALE: VERTICAL V-1V HORRONTAL 1'•20' 1�0 Y !i tl I L DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Kevin Thomas 2. LOCATION OF PROJECT SITE: 8737 Bald Eagle Lane, adjacent to Futch Creek, near the City of Wilmington, New Hanover County. Photo Index -2006:22-74301,K-4,5 2000:22-279 K,L-3,4 1995:22-262 J,K-4 State Plane Coordinates - X: 2379503 Y: 202662 GPS File: N/A Lat:34°18'00.83"N Long:77°44'36.47"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit—12/05/14 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 02/06/15, 02/12/15 -complete Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan —City Of Wilmington / New Hanover County 2006 Land Classification from LUP— Residential (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —Septic Planned - None (F) Type of Structures: Existing —Single family residence, bulkhead, private pier with floating dock and boatlifts Planned — reconfigure existing docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh (shading) (B) Non -Vegetated Wetlands 1,040 sq. ft. Open Water Incorporated (C) Other uplands (D) Total Area Disturbed: 1,040 square feet (>0.01 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to reconfigure the existing L-head and replace the floating docking system and boatlifts at the existing 4-slip docking facility. Kevin Thomas Page Two 9. PROJECT DESCRIPTION The project site consists of a lot located at 8737 Bald Eagle Lane adjacent to Futch Creek, near the City of Wilmington, New Hanover County. The project site can be located from NC HWY 17 (Market Street) and NC HWY 74/76 (Eastwood Road) by traveling north on Market Street approximately 5.8 miles to Porters Neck Road and turn right. Proceed approximately 1 mile to the roundabout, exit the second right continuing east on Porters Neck Road. Travel approximately 1.45 miles to Bald Eagle Lane and turn left. Travel approximately 1 mile, the project site will be located on the left side of the road. The project site is a developed residential lot that is irregular in shape with approximately 0.63 acres in size (27,556 square feet). The elevation of the high ground area of the lot averages approximately 12 feet above normal high water (NHW). High ground vegetation on the project site consists of grasses, native shrubs, trees and landscape vegetation. The shoreline of the property has been stabilized with a bulkhead and coastal wetlands are present water ward of the bulkhead. The wetland area ranges in width from 50 feet on the western shoreline to 100 feet on the eastern shoreline. Coastal wetland vegetation consists primarily of Smooth Cord Grass (Spartina alterniflora) water ward of the normal high water level (NHW) and existing bulkhead. Existing man-made features on the high ground of the project site consist of a single family residence with a detached garage. Existing water dependent structures on the property include an access pier measuring approximately 6 feet wide by 95 feet in length terminating at a 16 feet wide by 22 feet long L-head platform. The L-head is connected via ramp to an existing floating dock measuring approximately 7 feet in width by 30 feet in length extending to the east and oriented parallel to the shoreline. The floating dock then widens to approximately 12 feet and extends an additional 24 feet in length. Located at the terminal ends of the existing floating dock are two (2) boatlifts, one the eastern end measuring approximately 14 feet in width by 12 feet in length and one on the western end measuring approximately 12 feet in width by 12 feet in length. The existing boatlifts are oriented perpendicular to the shoreline. The existing docking facility is located in waters with depths ranging from -2.0 feet to -3.0 feet at NLW. Futch Creek measures approximately 500 feet in width at this location. The adjacent properties to the west and east are residential home sites. The property is bordered by Bald Eagle Lane to the south and by Futch Creek to the north. The City of Wilmington/New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. There are two (2) known archaeological sites within approximately 0.05 miles of the project site (Nh334 and Nh335). The waters of the Futch Creek are classified SA by the Division of Water Resources and ARE designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to reconfigure the existing L-head and replace the floating docking system and boatlifts at the existing 4-slip docking facility. The applicant received CAMA General Permit #65069D on December 11, 2014 which authorized the replacement of the access pier measuring approximately 6 feet in width by 110 feet in length and the existing platform measuring approximately 16 feet wide by 16 feet long. The access pier is currently under construction and the applicant wishes to reconfigure the platform and floating docking system. As proposed, the authorized access pier would terminate at a proposed L-head platform measuring approximately 16 feet in width by 20 feet in length. As proposed, the terminal end of the L-head would provide access via ramp to a proposed floating dock measuring approximately 6 feet in width by 16 feet in length. As proposed this floating dock would connect to a proposed floating dock measuring approximately 6 feet in width by 56 feet in length. As proposed, both floating docks would be oriented parallel to the shoreline, the smaller of which, would provide a landing area for the access ramp. The applicant is also proposing a boatlift measuring approximately 14 feet in width by 12 feet in length on the eastern end of the floating dock. A boatlift measuring approximately 12 feet in width by 12 feet in length is also proposed on the western end of the floating dock. The Kevin Thomas Page Three proposed floating dock and boatlifts would be located within the existing footprint, would not extend beyond the established pier head line and does not appear to extend into the channel portion of the water body. The applicant states that water depths in the location of the proposed pier are approximately -2.3 to -3.0 feet at Normal Low Water (NLW). As proposed, the docking facility would provide mooring for up to four (4) vessels. As proposed, the docking facility would have a total length of approximately 135 feet and would extend approximately 75 feet into the open water body which measures approximately 500 feet in this location. The proposed floating dock and boatlift would conform to the one -quarter width limitation and would maintain the 15 foot riparian corridor setback from both the adjacent properties. 10. ANTICIPATED IMPACTS As proposed, the docking facility would result in the incorporation of approximately 1,040 square feet of Estuarine and Public Trust Waters Areas of Environmental Concern. As proposed, the docking facility would provide mooring for four (4) vessels within waters approximately -2.3 to -3.0 feet in depth at normal low water. Minor increases in turbidity should be expected during construction. The proposed docking facility would not encroach into either adjacent riparian property owner setbacks. As proposed, it appears the docking facility would not exceed the one -quarter width of the water body limitation and does not appear to encroach into the channel portion of the water body. Submitted by: Holley Snider Date: February 17, 2015 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Kevin Thomas COUNTY: New Hanover PROJECT NAME: Thomas Docking Facility Reconfiguration LOCATION OF PROJECT: 8737Ba1d Eagle Ln., adjacent to Futch Creek, in Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 2-12-15 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: CONSISTENCY DETERMINATION: Attached: n/a To Be Forwarded: n/a FIELD REPRESENTATIVE: Holley Snider DISTRICT OFFICE: WILMINGTON DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE REC'D: 2-20-15 ADJ. RIP. PROP NOTICES REC'D: APPLICATION ASSIGNED TO: 1x�L C) 75 DAY DEADLINE: (W MAIL OUT DATE: 2-18-15 FEDERAL DUE DATE: FEE REC'D: $250 END OF NOTICE DATE: 3-13-15 DEED C'D: ON: 150 DAY DEADLINE: STATE DUE DATE: 3-13-15 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative IS ✓ Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section (DEMLR) Division of Water Resources (401) 3 2 6-15 /S- 02 ob Storm Water Management (DEMLR) State Property Office Division of Archives & History Division of Environmental Health Division of Highways Wildlife Resources Commission j !S ✓ Local Permit Office Division of Marine Fisheries / DCM 2 2 Corps of Engineers o - I S ✓ NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: Chad Coburn 401 Wetlands DWR - WiRO " FEB 18 2015 Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek /AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: L-, This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1 0 3 —,� J — ) ' RECEIVED MAR 2 6 201, pt?rw-.wtiry P,RV N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net North Carolina Pat McCrory Governor Mr. Kevin Thomas 817 Berwyn Road Wilmington NC 28409 NCDENR Department of Environment and Natural Resources March 20, 2015 Subject Property: 8737 Bald Eagle Lane — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Mr. Thomas, Donald R. van der Vaart Secretary DWQ Project # 15-0206 New Hanover County You have our approval, in accordance with the attached conditions to reconfigure and replace an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on February 20, 2015. After reviewing your application, we have decided that the impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at http://i)ortal.ncdenr.or web/wq/swp/ws/401/certsandpermits. This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final-, and binding unless you ask for a hearing. RECEIVED 1617 Mail Service Center, Raleigh, North Carolina 27699-1601 MAR 2 s 2015 Phone: 919-707-8600 \ Internet: www.nodenr.gov �� - ❑ y An Equal Opportunity 1 Afinnnaf ve Action Employer- Made in part by recycled paper 2 8737 Bald Eagle Lane New Hanover County 2015-0206 n Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796- 7215. Sincerely, Chad Coburn Senior Environmental Specialist Wilmington Regional Office Water Quality Regional Operations Section Division of Water Resources, NCDENR Enclosures: GC3883 Certificate of Completion cc: Hobie Buffington — Boatzright, Inc., 817 Berwyn Road, Wilmington, NC 28409 Jonathan Howell — DCM Morehead City Robb Mairs — DCM WiRO Tyler Crumbley — USACE Wilmington Field Office 401 & Buffer Permitting Unit — FILE COPY WiRO RECEIVED MAR 2 0 711% Certification of Completion DWR Project No.: Applicant: _ Project Name: _ Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: 1, hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional 1, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. Date RECEIVED MAR 2 6 1015 00b0*-wn, P?ITY RECEIVED MAR 2 6 2015 De[m-me." Raw r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 23, 2015 Mr. Kevin Thomas 817 BerwynRoad Wilmington, NC 28409 Subject: EXEMPTION Stormwater Project No. SW8 150218 Thomas Docking System Project New Hanover County Dear Mr. Thomas: Donald van der Vaart Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on February 18, 2015. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 21-1.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the project must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If yyou have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.00v. Sin., 0 � For Tracy E. avls, P.E., Dirac tor Division of Energy, Mineral, and Land Resources GDSlarl: GAWQ1Shared\Stormwater\Permits & Projects12015 \150218 Exemption12015 03 permit 150218 cc: Hobie Buffington; Boatzrigght, Inc. New Hanover County But ding Inspections Holley Snider/Shaun Simpson Jonathan Howell, DCM RECEIVED Wilmington Regional Office Stormwater File APR 0 7 2015 em-INN-m env Division of Energy, Mineral, and Land Resources Land Quality Section —Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405- (910) 796.72151 Fax: (910) 350-2004 ICDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February. 18, 2015 Division of Coastal Management RECEIVI MEMORANDUM: FED 19 TO: Shane Staples locnl•F15;. Fisheries Resource Specialist WAR DCM - WaRO Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant'IMejor Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier,,1142-09) SUBJECT: CAMA Application Review Applicant: Kevin Thomas Project Location:. 8737 Bald Eagle Ln., adjacent to Futch Creek/AIWW, in Wilmington, f New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015 If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NO 28405 Phone: 910.796.72151 FAX: 9103953964 Internet: www.nc coaslalmanagement.nel AkwwA GM NCDENR `olina Department of Environment and Natural Governor February 18',.2015 Division of Coasta[Management MEMORANDUM: 'TO: Renee Gledhill -Early Dept. of Cultural, Resources Archives & History }' LU ) 7Eoi —[Song t R varrde*rVdb;l Secretary R ?= I `5 FROM: Jonathan Howell, NG DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMAApplication, Review Z, 3�9Ih Applicant: Kevin Thomas Project'.Loeation: 8737 Bald Eagle'tn., adjacent to Futch.'Creek/AlWW,.in Wilmington, New Hanover County Proposed Project: ;to reconfigure an existing L-head, and replace the floating docking system 8, boatliRs at -an, existing 4-slip docking facility Please•.indicate below -your agency's position or viewpoint on the proposed project and, return this form to Jonathan HothielFat the address above by March 13, 2015. If you have.any questions regarding, the proposed project, contact Holley Snider at (9l0)796-7270 when appropriate, in depth comments with supporting data is requested. REPL'` : This agency has no objection to the project as proposed. This agency has no comment.on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments, SIGNED DATE 3 - IG • l S NZ, Division of Coaslat Mau. ement 127 Gz,dtnai Gtfve Ext, Wflminton, NC 28495' VAR t Fhona:910-79o-o215AFAX ;910395,39Uirtuheti aslaErt s nf.net e�� NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Tim Walton Dept of Administration State Property Office Donald R. van der Vaart Secretary RECEIVED FEB 4 9 2015 DOA STATE PROPERTY OFFICE Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek /AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: Thi agency has no objection to the project as proposed. RECEIVED This agency has no comment on the proposed project. MAR 17 1015 �r <II P� Oorw-Mnn*i R.f� ltp, )I-e, j This agency approves of the project only if the recommended changes re-60 �� are incorporated. See attached. dac,K w This agency objects to the project for reasons described in the attached comments. SIGNED DATE �� J N.0 Division of Coastal Management 127 Cardinal Drive Ext„ Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964lnternet, www.nocoastalmanagement.net RECEIVED MAR 17 F%7,"-Mna rl I, DISTRICT 3 NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: Anthony Law NC DOT New Hanover Co. FEB 2 3 2015 DonaWl alnETr Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek 1 AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: /This agency has no objection to the project as proposed. `� This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ALL= DATE 31 r t,/15 rz�cE:vEr, WEAR 19 701" N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX 910-395-3964 Internet: www, nccoastalmanagement.net A' a NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: Georgette Scott Stormwater Section DEMLR - Wii Donald R. van der Vaart Secretary FEB 18 2015 F.Y.- FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek/AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. RECEIVED REPLY: This agency has no objection to the project as proposed. MAR Q 5 2015 This agency has no comment on the proposed project. 1!04 This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE L12-c-) ///I�- N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net �N NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Dan Sams District Manager DEMLR - WiRO =CEIVE FEB 18 2015 Donald R. van der Vaart Secretary Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek/AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. RECEIVES SIGNED DATE /Z6 IS MAR 05 M N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement net r RUM North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: Iy:A1L1d1 SUBJECT Applicant: Diane Williams Environmental Engineer Public Water Supply &Y@Z,g � s;Ee 18 ?ors wR�o'� P b/,of 'c Resoil,, eft Donald R. van der Vaart Secretary NJ Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek /AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ^JL C�y DATE OS/��/� S RECEIVED MAR 0 5 1015 pgm-yhpr, �, N.C. Division of Coastal Management 127 Cardinal Dive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmana(iemeni.net MUM North Carolina Department of Environment and Natural Resource Pat McCrory Governor e-IS.oz.7-0. 04 February 18, 2015 Division of Coastal Management MEMORANDUM: TO: FROM: SUBJECT: Applicant: Maria Dunn NCWRC WaRO / WiRO Donald R. van der Vaart Secretary .- 4 -C FEg 2015 REqE1%J D Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) CAMA Application Review Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek /AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. RECEIVED / AR OF This agency has no comment on the proposed project. la MAR 05©.,*- CITY This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE J-3-its N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Intemet: www.nocoastalmanagement.net r NCDENR North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: Shannon Jenkins NC DMF Shellfish Sanitation Section Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek/AIWW. in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ,¢rPa This agency has no comment on the proposed project. P� reel- This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. rt;,r �jj q v ✓a, J/reeVtCiNS SIGNED DATE ZD ZOO S .9 RECEIVED FEB S 7 1615 N.C. Division of Coastal Management pCN1av1HD Crry 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-3953964 Internet: www.nocoastalmanagement.net NCDENR RECEIVED FEB 1 9�t.5 North Carolina Department of Environment and Natural Resource Pat McCrory Governor February 18, 2015 Division of Coastal Management MEMORANDUM: TO: Christine Bouffard LPO New Hanover County Donald R. van der Vaart Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Avenue, Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Application Review Applicant: Kevin Thomas Project Location: 8737 Bald Eagle Ln., adjacent to Futch Creek/AIWW, in Wilmington, New Hanover County Proposed Project: to reconfigure an existing L-head, and replace the floating docking system & boatlifts at an existing 4-slip docking facility Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by March 13, 2015. If you have any questions regarding the proposed project, contact Holley Snider at (910)796-7270 when appropriate, in depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency o ects to the project for reasons described in the attached comments. SIGNED DATE RECEIVED MAR 0 2 Z015 WM-MHR PITY N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28406 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanaaement.net Recommendations for State Permit — Kevin Thomas The total area for the docking facility was calculated as follows: Shoreline length = 235 ft. x 8 sq. ft. =1,880 sq. ft. allowable. Proposed floating dock = 6 feet x 16 feet = 96 square feet Proposed floating dock = 6 feet x 56 feet = 336 square feet Proposed L-head platform = 16 feet x 20 feet = 320 square feet Total = 752 square feet It is staffs recommendation that the proposal to reconfigure the existing L-head and replace the floating docking system and boatlifts at the existing 4-slip docking facility is CONSISTENT with the Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15A NCAC 07H.0208 (b)(6) Piers and Docking facilities. Any permit issued should include the following conditions: 1. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 2. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 3. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 796-7215 prior to commencement of any such activity for this determination. 4. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. S. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 6. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 7. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pier head line. 8. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 9. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 10. The docking facility and associated structures shall have a minimum setback distance of 15' between any parts of the structure and the adjacent property lines as extended perpendicular to the channel into the water at the points where they intersect the shoreline. 11. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. Howell, Jonathan From: Dahl, Kyle J SAW <Kyle.J.Dahl@usace.army.mil> Sent: Monday, March 30, 2015 2:04 PM To: boatzright@gmail.com Cc: Crumbley, Tyler SAW; Howell, Jonathan; Snider, Holley Subject: RE: SAW-2015-00615/ 8737 Bald Eagle Lane, Wilmington (UNCLASSIFIED) Attachments: GP78-0056signed.pdf Classification: UNCLASSIFIED Caveats: NONE Dear Mr. Hobie Buffington (Agent for Kevin Thomas), Through coordination with the North Carolina Division of Coastal Management we have learned of your request to reconfigure a private 4-slip docking facility, including the reconfiguration of an existing L-head, and the replacement of the floating docking system and boatlifts, along Futch Creek at 8737 Bald Eagle Lane, Wilmington, New Hanover County, North Carolina. Coordinates: 34.3000 N,-77.7432 W. Your project has been assigned the Action ID: SAW-2015-00615. Please reference this for any future correspondence. On January 1, 2011, we renewed general permit No. 197800056, (copy attached), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions, and the following special conditions: 1. All work authorized by this permit must be performed in strict compliance with the submitted plans and the plans received on February 23, 2015, which are a part of this authorization. Please read the attached permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. All special conditions and all applicable general and regional conditions must be strictly adhered to in order for this authorization to remain valid. The expiration date of this permit is 31 December, 2016. This electronic copy is your official Department of the Army authorization; no paper copy will be mailed. Kyle J. Dahl Regulatory Specialist U.S. Army Corps of Engineers Wilmington District (SAW) 69 Darlington Avenue Wilmington, NC 28403 (910) 251-4469 -----Original Message ----- From: Dahl, Kyle J SAW Sent: Thursday, March 26, 2015 3:41 PM To: 'jonathan.howell@ncdenr.gov'; 'holley.snider@ncdenr.gov' Cc: Crumbley, Tyler SAW Subject: SAW-2015-00615/ 8737 Bald Eagle Lane, Wilmington (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE Hello John and Holley, The Corps has received the application for the project located at 8737 Bald Eagle Lane, adjacent Futch Creek and the AIWW, Wilmington, NC. The Corps has determined that this project qualifies for use of GP 56 for the re -configuration of the docking facility. We have assigned the project AID: SAW 2015-00615. Please let me know if you have any questions. KyleJ. Dahl Regulatory Specialist U.S. Army Corps of Engineers Wilmington District (SAW) 69 Darlington Avenue Wilmington, NC 28403 (910) 251-4469 Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE DEPARTMENT OF THE ARMY Wilmington District, Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403-1343 http://www.saw.usace.army.mil/WETLANDS/index.html General Permit No. 197800056 Name of Permittee: General Public Effective Date: January 1, 2011 Expiration Date: December 31, 2016 DEPARTMENT OF THE ARMY GENERAL (REGIONAL) PERMIT A general permit to perform work in or affecting navigable waters of the United States and waters of the United States, upon recommendation of the Chief of Engineers, pursuant to Section 10 of the Rivers and Harbors Act of March 3, 1899 (33 U.S.C. 403), and Section 404 of the Clean Water Act (33 U.S.C. 1344), is hereby modified and renewed by authority of the Secretary of the Army by District Commander U.S. Army Engineer District, Wilmington Corps of Engineers 69 Darlington Avenue Wilmington, North Carolina 28403- 1343 TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS, BOATHOUSES AND BOAT SHELTERS, MOORING PILES, DOLPHINS, JETTIES, GROINS AND BREAKWATER STRUCTURES IN. NAVIGABLE WATERS OF THE UNITED STATES IN THE STATE OF NORTH CAROLINA. Projects must be constructed in conformance with following standards in order to be authorized by this RGP. All piers, docks, boathouses and boat shelters will be pile -supported or floating structures. 2. Mooring piles, dolphins, jetties and breakwater structures may be constructed of wood, metal, or pre -cast concrete. Groins may be constructed of wood, pre -cast concrete, or rock riprap. 3. Breakwater structures will be designed to provide for adequate water circulation landward of the structures. This RGP does not authorize excavation or the discharge of excavated or fill material within Waters of the US, except for the placement of rip -rap material for groin construction. This RGP does not authorize any work on Atlantic Ocean beaches. The following definitions should be used for purposes of this regional general permit (RGP): a. Mean high water mark (MHWM); The line on the shore, in tidal water, reached by the plane of the mean (average) high water. The precise determination of the actual location of the line can be established by survey with the reference to the available tidal datum, preferably averaged over a period of 18.6 years. A less precise method, such as observation of the apparent shoreline, which is determined by reference to physical markings, lines of vegetation, may be used for the purpose of this permit. b. Ordinary High Water Mark (OHWM): The line on the shore, in non -tidal waters, established by the fluctuations of water indicated by physical characteristics such as clear, natural line impressed on the bank; shelving changes in the soil; destruction of terrestrial vegetation; the presence of litter and debris; or other appropriate means that consider the characteristics of the surrounding areas. Special Conditions a. Authorized structures located on or adjacent to Federally authorized waterways will be constructed in accordance with the Commander's Policy on Setbacks Along Federally Authorized Channels. You may review a copy of the policy at http://www.saw.usace.army.mil/WETLANDS/library.html b. This general permit does not authorize construction across or into any natural or manmade channel or water body in any manner that may adversely affect navigation by the general public. c. Piers, docks, boathouses, boat shelters and mooring piles authorized by this general permit may be extended or be located up to 400 feet waterward of the mean high water (MHWM) elevation contour (tidal areas) or the Ordinary High Water Mark (OHWM) elevation contour (non -tidal areas) or one-third (1/3) the width of a natural water body, whichever is closer to the shoreline, except as otherwise governed by the presence of a Federally maintained channel. d. The width of any pier will not exceed six (6) feet, unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. e. The total square footage of shaded impact for docks and mooring facilities (excluding the pier) allowed shall be 8 square feet per linear foot of shoreline with a maximum of 800 square feet. In calculating the shaded impact, uncovered open water slips shall not be counted in the total. The maximum size of any individual component of the docking facility authorized by this General Permit shall not exceed 400 square feet unless the Corps determines, in writing, that a greater width is necessary for safe use, to improve public access, or to support a water dependent use that cannot otherwise occur. f. Boathouses and boat shelters will not be enclosed and will not exceed 400 square feet. Boatlifts will be open and will not exceed 400 square feet. g. Boathouses, boatlifts, boat shelters and floating piers will not be constructed over Federally jurisdictional wetlands. It. Docks and piers extending over wetlands will be elevated sufficiently (minimum of 3 feet) above the wetland substrate to prevent total shading of vegetation, substrate, or other elements of the aquatic environment. i. Piers, docks, boat houses, and boat shelters shall not be constructed in seagrasses and other submerged aquatic vegetation. j. Wooden jetties will not extend farther than 100 feet waterward of the MHWM (tidal areas) or the OHWM elevation contours. k. This general permit does not authorize the installation of fueling facilities on authorized structures. 1. Riprap groins shall not exceed abase width of 10 feet or extend more than 25 feet waterward of the mean high water or normal water level elevation contour. in. Riprap groins must be constructed of clean rock or masonry material and be of sufficient size to prevent displacement by wave or current action. n. Riprap groins shall not be located within primary nursery areas, submerged aquatic vegetation, or areas identified as essential fish habitat. o. Floating structures will be supported by material that will not become waterlogged or sink when punctured, will be installed to provide for fluctuations of water elevation, will be designed so that the structure will not rest on the bottom at any time and will be secured in such manner as to not break away. p. Breakwater structures will be no longer than 500 feet. They will have a minimum of one - inch openings between standard width (6 to 12-inch) sheathing boards and at least one, five-foot wide opening for each 100 linear feet of structure. q. Breakwater structures may not be constructed so as to prohibit access to estuarine waters or public trust areas. r. If the display of lights and signals on the authorized structure is not otherwise provided for by law, such lights and signals as may be prescribed by the U.S. Coast Guard will be installed and maintained by and at the expense of the permittee. s. It is possible that the authorized structure may be damaged by wavewash from passing vessels. The issuance of this permit does not relieve the permittee from taking all proper steps to ensure the integrity of the permitted structure and the safety of moored boats. The permittee will not hold the United States liable for any such damage. t. This general permit does not authorize habitable structures or any structure or associated facility for nonwater-related use. u. Structures and their attendant utilities, authorized by this general permit, located on lands subject to an easement in favor of the United States for the operation, maintenance, improvement, and enlargement of the Atlantic Intracoastal Waterway (AIWW), will be removed at the expense of the permittee, in the event that, in the judgment of the U.S. Army Corps of Engineers (USACE) acting on behalf of the United States, the lands are needed at any time for any purpose within the scope of the easement. Permanent buildings will not be constructed within the easement. v. This general permit does not apply to structures within existing or proposed marinas as defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5). w. Should all or part of a proposed development activity be located in an Area of Environmental Concern (AEC) as designated by the North Carolina Coastal Resources Commission, a Coastal Area Management Act (CAMA) permit is required from the North Carolina Division of Coastal Management before the onset of the proposed activity. Should a Federal activity within any one of North Carolina's twenty coastal counties or which could affect a coastal use or resource in any one of North Carolina's twenty coastal counties be proposed by a Federal agency, a consistency determination pursuant to Subpart "C" of 15 CFR 930 must be prepared and submitted by that Federal agency to the North Carolina Division of Coastal Management before the onset of the proposed activity. General Conditions. a. Except as authorized by this general permit or any USACE approved modification to this general permit, no excavation, fill or mechanized land -clearing activities shall take place within waters or wetlands, at any time in the construction or maintenance of this project. This permit does not authorize temporary placement or double handling of excavated or fill material within waters or wetlands outside the permitted area. This prohibition applies to all borrow and fill activities connected with this project. b. Authorization under this general permit does not obviate the need to obtain other federal, state, or local authorizations. c. All work authorized by this general permit must comply with the terms and conditions of the applicable Clean Water Act Section 401 Water Quality Certification for this general permit issued by the North Carolina Division of Water Quality. d. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit. area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973 (North Carolina General Statutes Chapter 113A Article 4). e. The activities authorized by this general permit must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work for a reason other than safety. f. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal or alteration. g. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the affected water of the United States to its former conditions. h. The permittee will allow the Wilmington District Engineer or his representative to inspect the authorized activity at any time deemed necessary to assure that the activity is being performed or maintained in strict accordance with the Special and General Conditions of this permit. i. This general permit does not grant any property rights or exclusive privileges. j. This permit does not authorize any injury to the property or rights of others. k. This general permit does not authorize the interference with any existing or proposed federal project. 1. In issuing this permit, the Federal Government does not assume any liability for the following: (1) Damages to the permitted project or uses thereof as a result of other permitted or unpermitted activities or from natural causes. (2) Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest. (3) Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this permit. (4) Design or construction deficiencies associated with the permitted work (5) Damage claims associated with any future modification, suspension, or revocation of this permit. in. Authorization provided by this general permit may be modified, suspended or revoked in whole or in part if the Wilmington District Engineer, acting for the Secretary of the Army, determines that such action would be in the best public interest. The term of this general permit shall be five (5) years unless subject to modification, suspension or revocation. Any modification, suspension or revocation of this authorization will not be the basis for any claim for damages against the United States Government. n. This general permit does not authorize any activity which the District Engineer determines, after any necessary investigations, would adversely affect: (1) Rivers named in Section 3 of the Wild and Scenic Rivers Act (15 U.S.C. 1273), those proposed for inclusion as provided by Sections 4 and 5 of the Act and wild, scenic and recreational rivers established by state and local entities. (2) Historic, cultural or archeological sites listed in or eligible for inclusion in the National Register of Historic Places as defined in the National Historic Preservation Act of 1966 and its codified regulations, the National Historic Preservation Amendment Acts of 1980 and 1992, the Abandoned Shipwreck Act of 1987 and the Native American Graves Protection and Repatriation Act. (3) Sites included in or determined eligible for listing in the National Registry of Natural Landmarks. o. This general permit does not authorize any activity which will adversely affect any threatened or endangered species or a species proposed for such designation, or their designated critical habitat as identified under the Federal Endangered Species Act (16 U.S.C. 1531). Information on the location of threatened and endangered species and their critical habitat can be obtained directly from the Corps field offices or at the following intemet address: htto://www.ncnhl2.or = Paues/heritagedata.html. or httn://ne-es.fws.gov/es/es.html. Permittees should notify the Corps if any listed species or designated critical habitat might be affected by the proposed project and may not begin work until notified by the Corps that the requirements of the Endangered Species Act have been satisfied and that the activity is authorized. p. Permittees are advised that development activities in or near a floodway may be subject to the National Flood Insurance Program that prohibits any development, including fill, within a 1.1 floodway that results in any increase in base flood elevations. This general permit does not authorize any activity prohibited by the National Flood Insurance Program. q. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. r. The permittee must maintain any structure or work authorized by this permit in good condition and in conformance with the terms and conditions of this permit. The Permittee is not relieved of this requirement if the Permittee abandons the structure or work. Transfer in fee simple of the work authorized by this permit will automatically transfer this permit to the property's new owner, with all of the rights and responsibilities enumerated herein. The permittee must inform any subsequent owner of all activities undertaken under the authority of this permit and provide the subsequent owner with a copy of the terms and conditions of this permit. s. At his sole discretion, any time during the processing cycle, the Wilmington District Engineer may determine that this general permit will not be applicable to a specific proposal. In such case, the procedures for processing an individual permit in accordance with 33 CFR 325 will be available. t. Except as authorized by this general permit or any USACE approved modification to this general permit, all fill material placed in waters or wetlands shall be generated from an upland source and will be clean and free of any pollutants except in trace quantities. Metal products, organic materials (including debris from land clearing activities), or unsightly debris will not be used. u. Except as authorized by this general permit or any USACE approved modification to this general permit, all excavated material will be disposed of in approved upland disposal areas. v. Activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon this general permit will remain authorized provided the activity is completed within twelve months of the date of the general permit's expiration, modification, or revocation. Activities completed under the authorization of this general permit which were in effect at the time the activity was completed continue to be authorized by the general permit. BY AUTHORITY OF THE SECRETARY OF THE ARMY: ferson . cavage Colonel, U.S. Army District Engineer 7 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary February 18, 2015 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • Seagate Office Park UOA • Kevin Thomas Kyle & Heather: Please publish the attached Notice in the Friday, February 20, 2015 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 Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, 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. Sincerely, Shaun K. Simpson Permitting Support & Customer ssistance Division of Coastal Management cc: WiRO Jonathan Howell - MHC DCM Tyler Crumbley - USACE Michele Walker- DCM N.C. Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equal Oppcdunil 1 AfimwUve Action Em*M NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the CAMA in Wilmington, New Hanover County, to reconfigure existing docking facilities: On February 11, 2015, Seagate Office Park UOA, 1310-1312 Airlie Rd, adjacent to the AIWW, and on February 12, 2015, Kevin Thomas at 8737 Bald Eagle Lane, adjacent to Futch Creek. A copy of these applications can be examined or copied at the offices of Robb Mairs (Seagate) or Holley Snider (Thomas), N.C. Dept. of Environment & Natural Resources, 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 March 13, 2015 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. Jp MAJOR PERMIT FEE SCHEDULE Kevin Thomas / $250 / NH County DCM % DWQ % Development Ta Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 1 100% $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if 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 I II(C). If General Water Quality Certification No. 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 II I(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $475 60% $285 40% $190 v� DENR CAMA Daily Check Lag for WIRO Date Received Check From (Name) Name of Permit Holder Check Vendor Number Check amount Permit Number/Comments RefunaIA?"llocated 1115/2015Inlet View Bar 8 Grill _ _ _ !The 11152015-Antrnon Construction, Inc IA 52ovi Ceni8etichedc from 0renasco z_arate iH82015 F antl S Marine Contractors Inc. 7202015,Cerolina Manne Construction, Inc. 1202015,Weslem Umon Money Order, Brandon Gnmes 12D2015 Western Umon Mon Order Brandon Grimes _ 1212015, Coastal Union arth Works nc. . _ _ t222015'Clements Marine Construction 1222015 Chaves Riggs 8 Associates Inc Point, LLC_ _ B68T 1 _ 2630; _ _ $100.00 renewal fee, MP 185-08 RodoB 1B OTA ,— 3439 _- $200 00�boatlitt 543 Chadwick _ ISunsat Beach Hottlmgs ll LLC BB&T/First Colonial Branch 50068726551 $10000transfer fee MP 42-05 'Brady Semmel _ PNC Benk 4269. 5250 00 major fee Ainle Dolphin Bay HOA_ First Bank 8458 $300 00 renewal tee MP 117-97 �E100 Inlet Point Harbor HOA i mod tee MP 180-05 �5100 Tangle Oaks Yacht Club Inc. _ _ _ renewal fee MP 24-07 QSt00 IR _— _ ___ _ _ -- .__ ._ ... Randy Broom Wells Fargo Bank 17-135019699 $600 00 1 of 2 for GP 38548D Randy Brown _ _ _ Wells Fargo Bank 17-135019897 $400 0012 of 2 for GP 38546D ®5800� Avery Bates Frst Bank - _ 4191 5400 OO,GP 65089D L_ __— _. IChris Bard FIrsI CNzens Bank 3700 525000, moor fee NHCo — I__ 'Taylor First CNzens Bank 73772 $100 00 tumor fee NTB 1501, Ons _ _ 1222p15 1222015 _ _ Chedes Riggs &Associates Inc _ CChenes Riggs & Associates Inc _ _ Chadors Riggs 8 Assooletes Inc _- _ __.. — Bedew Fust Citizens Bank _ 13831 _ E100 00 minor fee NT8 15-02, Onn_ minor fee NTB 15-03, One minor fee NTB 15-04, One _ First Citizens Bank 'M9hen - First Citizens Bank 13632 $100.00 127/2015 13833 E100.00 1222015 Allied Mince ContractorsLLC � _— _. --. _.— Larkins) 8 gausmeier Celaon 1B of A 7143 $350.00 1 of 2 $250 major fee, 104 Blue Heron, PN _ _ -- __ — 2o12mod Tee, MP 18-09 5100 1232015�Catdlne 12820151 Manne Dredging Inc _ �N1 By beaign.Coaetel Homes __ Head Island Ltd. - - Isla MarNme Place HOA Manna Assoc Chaves B. Godon, Jr. _ _ Marine Contractors, LLC _ Steven T. Partner TRACOM Services Coastal Marine Piers Bulkhead_ s LLC_ Chimney HOA First Benk 1084 S250.00 major mod, 42-97, NHCo _ Alipetor Bey Enterprises _jBS&T same ,First CNzen_sBank 1075 1500 $100.00 E100.00 minorfee, NTB 15-01 renewal fee, 172-87 _____ __ _ 1IM015IBald 1/282015 126I2015 _ _ same FirstBank 123 E100.00Irenewel tee, 143-71 Brad Gordon i Four Oaks Bank 1043 5400.00 GP 85090D __ _ __ 728/20151Allied 1272015 1272015 Hobby Greene _ _ Max Kem Squire �B of A___ _ ___ 'BBBT ,Wells Forgo Bank 7111 4598 19998 _ 3400.00 $200.00 5200.00 _ GP 86075D GP 85052D GP 85067 1282 ori015 AntinConsWdion, Inc.- _._ Town of North Topsail Beech Marsh Haven Community Dockin0 Faciltly IB of A 3469 _ 52,000.00 Express MP, OnCo 1/28/2015 �IFirst same Citizens Bank - 39154 $100.00 mod fee, MP 191-05 128/2015 Grace Construction of Brunswick Co. INC _ Cox BB&T 10114 $200.00 GP 66053D _ 12=015 Coastal Marine Piers Bulkheads LLC Carolina Yadn Club Wells Fargo Bank 200W $100.00 mod fee?. MP 69-09 _ 1/302015 Pluds, LLC same Branch Banking & Trust Co. 2963 $400.00 major fee, OnsCo _ _ 1/302015 Allied Marine Contractors, LLC Mark and Bonnie Lysaght B of A 7117 $200.00 GP 850540 1/302015 Allied Marine Contractors, LLC Paradise B of A 7097 $600.00 GP 65MD Allied Marine Contractors, LLC Bleu Water B of A 7154 $400.00 GP 65078D _ 222015 AWA Buildiers, Inc 660 Spot Lane TO Bank 7072 $100.00 minor lea, Surf City, RN 2IW2015 _ _ Dawn Edwards Griffis same BBBT 229 $100.00 minor fee, SC 15-01 OnsCo 2WO15 Coastal Dredging, LLC Clinton & Corinne Parke BB&T 3752 $200.DD GP 65031D 2/3/2015 Coastal Marine Piers Bulkheads LLC Bill Scott Wells Fargo Bank 19997 E200.00 GP BSOB2D 2142015 Clements Marine Construction_ Hamilton Wells, Charles Hocking _ First Citizens Bank 3697 $2D0.00jGP 65088D 2I52015 Cape Fear Riverboats, Inc. Riverside Partners 1First Citizens Bank 48727 $400.00,major fee, Water SL, NHCo 2/82015 BoandpM Inc. _ Kevin Thomas First CNzens Bank 1826 $250.00Imajor fee, NHCo. i MCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Donald R. van der Vaart Governor Secretary February 17, 2015 Hobble Buffington, agent for Kevin Thomas Boatzright, Inc. 817 Berwyn Road Wilmington, NC 28409 Dear Mr. Buffington: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your client's property located at 8737 Bald Eagle Lane adjacentto Futch Creek, nearthe City of Wilmington, New Hanover County. Itwas received complete on 02/12/15, and appears to be adequate for processing at this time. The projected deadline for making a decision is 04/28/15. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from February 12, 2015, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Si cere'y, Holley Snider Coastal Mana ment Representative Enclosure cc: Jonathan Howell, DCM Debra Wilson, DCM New Hanover County, LPO Tyler Crumbley, COE Kevin Thomas, owner 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone:910-796-72151 FAX:910-395-3964 Intemet: www.nocoastalmanaaement.net An Equal Opportunity IAlfinnative Acton Enployor AM LVA WA�- mrs. 1, -"- ow. Al !!J � m I =3:0 =4 =1 a I �- )k�-Z.-Z January 25, 2015 To: Jim Spicuzza 2020 Scrimshaw PI. Wilmington NC 28405 From: Boatzright Inc. 817 Berwyn Rd. Wilmington NC 28409 ■ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ■ 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 if space permits. 1. Article Addressed to: 1� SfieuZZp rvtsAAw P� >�mi'� ��n• NL 2 S `lad A. B. DZpiveitk pvtgt( *w) _ I C. gate of -u. IsLeliveryfaddreas diffe9sat from item 171 U Ye; If YES, enter delivery a6lAss below: ❑ No VViL1vilN'; i ON, NG 6 2015 3. Service Type ❑ Certified Mail® ❑ Priority Mall Express" ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. ArticleNumberumHornm 7014 2120 0002 L922 2297 rrensrer ( same taaeo PS Form 3811, July 2013 Domestic Return Receipt Boatzright is the agent of record for Kevin Thomas of 8737 Bald Eagle Ln. Wilmington NC 28411 Dear adjacent riparian property owner, You have received this letter as part of the required CAMA notification process for adjacent property owners. The adjacent property owner at 8737 Bald Eagle Lane has applied for a CAMA Major permit to install two boat lifts, rebuild the fixed pier and replace the floating dock as per the drawing attached. Please note that the new fixed pier, new floating dock and boat lifts will be located inside the existing foot print of the old pier, boatlifts and floating dock. The work will consist of removal of the old pier, floating dock and adjoining boat lifts and installing new boat lifts, pier and floating dock. The elevation of the new pier will be three foot higher than the old pier. In fact the work to be performed is nothing more than the replacement of what is existing however because no previous permit for this address exist the formality of applying for and receiving a CAMA major permit is required. A CAMA, Adjacent Riparian Property Owner Statement and drawing are attached. As an adjacent landowner you are advised that you have thirty days in which to submit comment on the proposed project to the Division of Coastal Management. The boat lifts, pier and floating dock comply with the riparian set back rules. Please fill in the blanks and return this form in the envelope provided. Best regards Hobie Buffington Boatzright Inc. Agent for Kevin Thomas, Phone 910-795-0228 RECEIVED Email, Boatzright@gmail.com DCM WILMINGTON, NC FEB 0 6 2015 ■ Complete items 1, 2, and 3. Also complete item 4if Restricted Delivery is desired. x ■ 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 if space permits. January 25, 2015 1. Article Addressed to: AQ� s2 �,NN 1�aafs N'w q�r.•rf~'ru2 To: John Ferris Howard or r.5 8733 Bald Eagle Lane. 8133 DA I c•�� rLN[t Wilmington NC 28411 W MJto 1._ NL From: Boatzright Inc. 817 Berwyn Rd. Wilmington NC 28409 Lr�- I If YES, enter delivery ru from item 1',La- ass below: 70 rl C l(f j 3. Service Type ❑ Certified Mail® ❑ Priority Mail Express" .. .. ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ Collect on Delivery 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number 7014 2120 0002 6922 2280 (Transfer from service label) ' --- PS Form 3811. July 2013 Domestic Return Receipt Boatzright is the agent of record for Kevin Thomas of 8737 Bald Eagle Ln. Wilmington NC 28411 Dear adjacent riparian property owner, You have received this letter as part of the required CAMA notification process for adjacent property owners. The adjacent property owner at 8737 Bald Eagle Lane has applied for a CAMA Major permit to install two boat lifts, rebuild the fixed pier and replace the floating dock as per the drawing attached. Please note that the new fixed pier, new floating dock and boat lifts will be located inside the existing foot print of the old pier, boatlifts and floating dock. The work will consist of removal of the old pier, floating dock and adjoining boat lifts and installing new boat lifts, pier and floating dock. The elevation of the new pier will be three foot higher than the old pier. In fact the work to be performed is nothing more than the replacement of what is existing however because no previous permit for this address exist the formality of applying for and receiving a CAMA major permit is required. A CAMA, Adjacent Riparian Property Owner Statement and drawing are attached. As an adjacent landowner you are advised that you have thirty days in which to submit comment on the proposed project to the Division of Coastal Management. The boat lifts, pier and floating dock comply with the riparian set back rules. Please fill in the blanks and return this form in the envelope provided. Best regards Hobie Buffington Boatzright Inc. Agent for Kevin Thomas, Phone 910-795-0228 RECEIVED Email, Boatzright@gmail.com DCM WILMINGTON, NC FEB 0 6 2015 L'er?s h," /)AA, L- CERTIFIED MAIL — RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER STATEMENT Name of Property Owner: KcV 1 N j N O Ph A S Address of Property: 8'137 ' k-D C—A6-16 LN-W,40 (Lot or Street #, Street or Road, Applicant's phone #: 910 - 26l-1 w Y ito,j Alf- MEW Hm-40462 (O- & County) Mailing Address: �i1 UE(Cl.r4N d �8ybi I hereby certify that I own property adjacent to the above referenced property. The individual has described to me as shown on the attached drawing the development they are proposing. A with dimensions, must be provided with this letter. 4 I have no objections to this proposal. I have objections to this proposal. permit If you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext. Wilmington, NC 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no obiection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, or lift must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' set back requirement. I do not wish to waive the 15' set back requirement. (Proper Own In{foormation)) (Riparian Property Owner Information) � � Ll�' I / z Me f • # �. JGU� 4 �t.Cu7L0� Signa a Signature K6u,;j '411a i"AS Print or Type Name 913'1 &cb ErNa i--rJ Mailing Address W>L1,1«ifort Nt- City / Stat / Zip Telephone Number I G F" 13 `t7 T Date50 as a0/s 5,r" A SNCV7ZA Print or Type Name 1010 SLzfrnSN>ow Pt_, Mailing Address Nt- 2-340S City / State / Zip J�Telephone Number 9(0 qq-� w3 RECEIVED Date 1 /28 /IS DONA WILMINGTON, NC 127 Cardinal Drive Ext., Wilmington, North Carolina 28405-3845 HB 0 6 2015 Phone: 910-796-72151 FAX: 910.39539641 Intemet: www.nocoastalmanaaement.net An Equal Opportunity 1 Affirmative Action Employer-50% Recycled 110% Post Consumer Paper Postal CERTIFIED MAIL@ RECEIPT Dornestic7 ru ru ru FFI ru Postage $ Certified Fee 0 Retum Receipt Fee O (Endorsement Required) 6 ResMctetl Delivery Fee CM WILMIN Q (Endorsement Required) A Total Postage 8 Fees ,$ FEB 0 6 ruc d � tTo r,, avoBoxno. ati1 SLR,ti,dNit b't.. srere.-F++7�------•------•- - ---•--z� ' - - �L IIN TRH NL Z$yoS PS For. 3800, July Z014 Ses, Reverse for lnstru�tw.s C3 •, m ru ru ru Q' Postage $ ' - _a Certified Fes RE V i1 O Retum Recelpt Fee O (Endorsement Required) r M WILk%GT 0 Reaulded Delivery Fee o (EndommentRequired) FEB 0 6 20 n' r9 Total Postage B Fees $ ._/Ali`'. ru - T:I-*N#j plasmal laW r-1 ------ -• - -------••-•-- ---------pi----------------- Pot :g73:N f� �N -C-�----------------------L--------------------------t-t-- Lvi�.�Nsl�/,• /�L � 7 iII k. i�CDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue James H. Gregson Governor Director AGENT AUTHORIZATION FORM Date: Nor/ 20 2011 Name of Property, Owner Applying for Permit: (se V r1� . '1•.tt 1) rt1 * s_ Mailing Address: 8131 (3Ald �n��-r� L►� 6 L',h , nr 6:ro u n) c- 2% Y I 1 Phone Number. (910 )�f, Dee Freeman Secretary 1 certify that I have authorized (agent) AoQr� 3� i�r�fa��Qo��zR Guy ,N� to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct (activity) IR-a- (�, xa p p, i q, 1 Re P, ,R s �&,,+lI ft at (my property located at) E AG 1& Lk,/ This certification is valid thru (date) T^ a 0-016 Property Owner Signature No✓ 2O )old Date RECEIVED DCM WILMINGTON, NC FEB 12 2015 127 Caddnal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanegignentnet An Eqd OPPOTU ry%AfPo eM Adw Employer 971ohCarolina ura!!y Gmail - CAMA Major. Page 2 of 4 I got your voicemail as well this a.m. I have received and reviewed the drawings for this application and will need the following included: v - Top view drawing, please include the number of slips at the docking facility (existing and proposed) - Top view drawing, please include the water depth in relation to the proposed structures and \ existing channel of Futch Creek relative to normal low water (NLW) \\V Top view drawing, please establish an approximate established pier length on this side of Futch Creek Please number all sheets lie. Sheet 1 of 3) �- Please make sure the provided drawings are to scale as shown with sheets no larger than 11x17 �- Please submit a complete MP-1 and MP-4 forms (attached) - Please include a deed - Once the application is compete, please notify the adjacent riparian property owners via certified mail with return receipts - Please include a check for $250 made out to NC DEN Let me know if you have any further questions. Thanks, 00 From: Hobie Buffington [mailto:boatzright@gmail.com] Sent: Wednesday, January 14, 2015 5:04 PM To: Mairs, Robb L Subject: RE: CAMA Major. [Quoted text hidden] Mairs, Robb L <robb.mairs@ncdenr.gov> To: Hobie Buffington <boatzright@gmaii.com> Fri, Jan 23, 20f3 iitt;a OM E D DCM WILMINGTON, NC Hobie, FEB 0 6 2015 JENNIFER H. MACNEISH REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 f 111ff11fflrilff111fif1f!!fillt11N1MfiNN111f11ff1NfrlfMfYftf Yf1111tfftfllfff YYf1ft1111f f111ff1f111f11rYfrf YfRYfrfe Filed For Registration: 10/11/2011 04:30:37 PM Book: RE 5591 Page: 595-612 Document No.: 2011027508 18 PGS $64.00 Recorder. JOHNSON. CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. RECEIVED DCM WILMINGTON, NC *2011027508* FEB 062015 2011027508 i fl1111111 r111���SFOR REG1GTRgTION REG1G,{TEp�yOF DEED, O,O1!If OC1104 0 07Nr11§27109,++9 BK 55591 PG-WA12 FEE,E64 @B MONISM M DEED OF TRUST WHEN RECORDED. MAIL TO CAROLINA BANK L01 N. SPRING STREET 4TH FLOOR GREENSBOR%NORTH CAROLINA27401 This instrument was prepared by COASTLINE MORTGAGE CONSULTANTS, LLC 575 MILITARY CUTOFF ROAD SUITE 200 WILMINGTON, NORTH CAROLINA 284DS 910509d561 Loan Originator JOHN RUSS Loan Number 5029029 it BGLLMaoo11mLAW oFROEB,PLLC, 210 Rama DtM OAD101 INNhlKi>fl10!! BrokerlLenderNane COASTLINE MORTGAGE CONSULTANTS, LLC 575 MILITARY CUTOFF ROAD WILMINGTON, NC 28405 JOHN RUSS 18pa® Above This Isis For Pe dnq flat[ MIN 100624600050290288 DEFINITIONS Wards used inmultiple sections ofthis document are defined below and otherwords are defined in Sections 3,11,13,18, 20 and 21 Certain rides regarding the usage of words used in this document are also pronded in Section 16 (A) "Security Instrument" means this document, which is dated October 11. 2011, together with all Riders to this document (B) "Borrower" is KEVIN E THOMAS AND EBeS6MM THOMAS, HUSBAND AND WIFE Borrower is the trustorunder this Security Instrument Cee1L1A OF (C) Winder" is COASTLINE MORTGAGE CONSULTANTS, LLC, organized and existing under the laws of NORTH CAROLINA Lender's addre+s is 575 MILITARY CUTOFF ROAD SUITE 200, WILMINGTON. NORTH CAROLINA28405. NNIMII: Pagel of 13 es ft BorrwBr(a) (61) Thenameofthe Mortgage Broker vs COASTLINE MORTGAGE CONSULTANTS, LLC, 575 MILITARY CUTOFF ROAD, WILMINGTON, NORTH CAROLINA29405 (D) "Trustee" is DANIEL D. HORNFECK Trustees address is 101 N. SPRING STREET, GREENSBORO, NORTH CAROLINA 27401 (E) "MERS" is Mortgage Electronic Registration Systems, Inc MERS is a separate corporation that is acting solely as a nommice for Lender and Lender's successors and assigns MERS is the betietiela y under this Security Instrument MERS is organized and existing underthe laws of Delaware, and has an address and telephonenumber of PO Box 2026, Mt. MICHIGAN 4&501-2026, tel (80 679-MERS (F)"Note' means thepmmissory note signed byBorrower and dated October 11,2011 The Note states that Borrower owes lsiderFOUR HUNDRED SEVENTEEN THOUSAND AND NOn00Dollars (US S417,000.00) plus interest Borrower has promised to pay this debt regular Periodic Payments and to pay the debt in fill l not late than November 1,2026 (G) "Property" means the property that is described below under the heading `"Transfer of Rights in the Property" (H) "Loan" means the debt evidenced by the Note, plus mterest, any prepayment charges and late charges due under the Note, and all sums due under this Security instrument, plus interest (1) "Rldera" means all hiders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] ❑ Adjustable Rate Rider ❑ CondommumRider ❑ Second Home Rider ❑ Balloon Ride ❑ Planned Unit Development Rider ❑ VA Rider ® 1-0 Family Rider ❑ Biweekly Payment Rider ❑ OtherlSpaity] (J) "Applicable Low" means all controlling applicable federal, state and local statutes, regulations, ordinances and adirm stiatnve rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions (K) "Commi mlyAssoelathon Duel, Fcey andAssessments" means all dues, fees, assessments andodwchaigesthm are imposed an Borrower orthe Property by acondomintum association, homeowners association orsmnlarorganization (L) "Electronic Fonda Transfer" means any transfer of funds, other than a transaction ongraded by check, draft, or smularpaper mstnrment, which is initiated through anelectronic terminal, telephonic instnunen6 computer, or magnetic tapesoastcorder,instmd,mauthorzearmancialrnstiumonmdebitorcreditanaccount Such term includes, butts not (muted to, pointof-ofautomated teller machine transactions, transfers initiated bytelephone, wiretransfeM and automated clearinghouse transfers (M) "Escrow Items" means thou items that are described in Section 3 (N) "Misceffameous Proceeds" means any compensation, settlement, award ofdamages, orpm=cds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for (t) damage to, or destruction of, the Property, (it) condemnation or other taking of all or any part of the Property, (rat) conveyance in lieu of condemnation, or (iv) misrepresentations of, or otmssiois as to, the value and/or condition of the Property (0) "Mortgage Insurance" means insurance protecting tender against the nonpayment of, or default on, the Loan (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (n) any amounts under Section 3 of this Security Instrument (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U S C 0 2601 et seq ) and its implementing regulation, Regulation X (24 C F R Part 3500), as they might be amended from time to trace, or any additional or successor legislation or regulation that governs the same bubjectmatte As used m this SecurityInstrument, "RESPA" Page 2 of 13 Bormwar(s) initials; amail - Item #321289987411 Instant Daymentreceived from woodunlimited (snelson... Page 2 of 2 PayPal Email ID PP753 - c8beceeO4889d refers to all requirements and rest. cuons that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA (R) "Suraestu rin Interest of Borrower" means any party that has taken title to the Property, whether ornot that party has assumed Borrower's obligations order the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary ofthis Security Instrument a MERS (solely as nomnee for Lender and Lender's successors andassigns) andthesuccestorsandasargnsofMERS This Security Instrument secures toLender (r)the m7aymcmofthoLoan, and all renewals, extensions and modifications of theNotc, and (it) the performance of Borrower's covenants and agreements under this Security Instrument and the Note For this purpose, Borrower irrevocably giants and conveys to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located an the County of NEW HANOVER W PT 12 SEC A PORTERS NECK - NEW HANOVER COUNTY Parcel ID Number R03017-002-006-000 with the address of 8737 BALD EAGLE LANE WILMINGTON, NORTH CAROLINA 28411 ("Property Address") TO HAVE AND TO HOLD this property onto Trustee and Trustee's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by thts Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property" Borrower understands and agrees that MERS holds only legal tide to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law orcustom, MERS (as nominee for Lendermnd Lender's successors and assigns) has the right to exerotseany or aR ofthose interests, including, but not limited to, thenght tofarecloseand sell the Property, and intake any action required of Lender including, but not limited to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to grant and convey the Property and that the Property w unencumbered, except for encumbrances of record Borrower warrants and will defend generally the ntleto the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-untform covenants with (muted variations byyunsdicnon to constitute a mnfonn socunty instrument covenag coal property UNIFORM COVENANTS Borrower and Lander covenant and agree as follows 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges Borrower shall pay when due the principal of, and interest on, thedebt evidenced by the Note and any prepayment charges and late charges dueundertheNcte Borrower shall alsopayfinds for Escrow Items pursuant toSection 3 Payments due underthe Note and this Security Instrument shall be made in U S currency However, if any check or other instrument received by Lenderas payment underthe Note orthis Security Instrument is retuned to Lender unpard, Lendermay requirethm any or all subsequent payments due under the Note and this Security Instmmem be made in one or more of the following forms, as selected by Lender (a) rash. (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check m drawn upon an insutution whose deposits are insured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15 Lender may return any payment or partial payment if the payment or partial payments are insufficicat rehiring the Loan current IfBormwerhas breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower NORTH CAROURASugte Fsn4-PNMAIFHLNCUNIFOR1fiIMIRUMMEgrwM MERS Fam30341M Page 3 of 13 ios me Page Inaals , hereunder pursuant to Section 22 then Leader may accept any payment orpartialpaymentmnsulBcientto bring the Loan current, without wmverofany rights hereunder orpmudiceto its nghtstorefiise such payment orpartud payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of in, scheduled due date, then Lenderneednotpayinterest onunapphedfords Lendermayhold such ooapplied fiords until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such fiends or rerun them to Borrower Ifnot applied earher, such funds will be applied to the outstanding principal balance underthe Note immediately prior toforeclosure No offset or claim which Bonuwermnght have now or in the fidurc against Lender shall tdhave Borrowerf om makmgpayments due under the Note and this Security Instrument or performing the covenants and agreements bacured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied byLendershallbeapphedinthefollowmgorderofpnotny (a) mterestdueunderthe Note,(b)principal duo under theNote, (c) amounts due underSection 3 Suchpaymants shall be applied to each Periodic Payment in the order in which it became due Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note If Lender receives apayment from Borrower for adelinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment maybe applied to the dehnquentpayment and the late charge If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments iC and to the extent that, each payment can be paid in full To the extent that any excess exists after the payment lib applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due Voluntary prepayments shall be applied first to anyprepsyment charges and then as described in the Note Anyapplication ofpayznnds, insurance pmocced% or Miscellaneous Proceeds to principal due underthe Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide fopayment of amounts due for (a) taxesand assessments and other stems which can attain priority over this Security Instrument as a lien or encumbrance on the Property, (b) leaseholdpeyments orgrowsd rents on the Property, Many. (c) premiums forany and all insurance required by Lender under Section S, and (d) Mortgage Insurancepremiums, if any, or any sums payableby Borrowerto Lenderm lieu oft payment of Mortgage Insurance premiums in accordance with the provisions of Section 10 These items are called "Escrow Items " At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, Many, beescrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly famish to Leader all notices of amounts to be paid under this Section Borrowershall pay Lenderthe Finds for Escrow Items unless Lender waives Borrower's obligation ropay the Funds for any or all Escrow Items Lender may waive Borrowers obligation to pay to Lender Funds for any oral) Escrow items at anytime Any such waiver may only be in writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender regwres, shall furnish to Lerida receipts evidencing such payment within such now period as Lender may require Borrower's obligation to make such payments andto provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Inbtrumen; as the phmse"covenant andogreemeat" is used in Section 9 If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Bormwer shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3 Lender my, at any time, collect and hold Foods in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum antounta lendercan rcqmw under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including lender, if Lender is an institution whose deposits are so insured) or many Federal Home Loan Bank Lender NORTH CAROUNASmgle Famay-FtOU1FHLMCUMFORN INSMOREWrwah VERB Forth 3034 flat Fagg 4 of 13 .�- a>,s ac Bonowei(s) tiuhals �e:' shall apply the Fonds to pay the Escrow Items no later than the time speefied under RESPA Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Esaow Items, unless Lenderpsys Bormwa mteteston the Funds and Applicable Law patents Le nderto make such acharge Unless an agreement is node in writing orAppli able Law requites interest to be paid on the Funds, Lendershall not be required to pay Borrower any interest or earnings on the Funds Borrower and Lender can agree in writing, however, that mtetes[ shall bepaidontheFunds Lender shall give to Borrower, without charge, an annual accounting oftheFunds asrequired by RESPA If them is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA If then: tsashortage ofFunds heldinescrow, asdefined under RESPA, Lender shall notify Borrower as requited by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments Ifthae is a deficiency of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lander the mount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments Upon payment in full ofall sums secured by this Security Instrument, Lender shall promiptlyrefimd to Borrowcrany Funds held by Lander 4. Charger, Leers. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument. leasehold payments orground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, ifany To the extent that these items are Escmw Items, Borrower shall pay then in the manner provided in Section 3 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith by,or defendsagainst enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcememt of the )ten while those proceedings ate pending, but only until such proceedings are concluded, or (c) secures from the holder of the hen an agreement satisfitetory to Lender subordinating the lien to this Security Instrument IfLenderdetemnnesthatanypartof the Property is subject to a lien which can attam priority over this Security Instrument, Lender may give Borrower a notice ndentifyingthelien Within 10 days ofthedateon which that notion is given, Borrower shall satisfythe lien ortake one or more of the actions set forth above in this Section 4 Lendermay require Borrower to pay a one-time charge fora real estate tax venficatiom and/or reporting service used by Lender in connection with this Loan 5. Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against has by fire, hazards include( within the term "extended covewge," and any other hazards mcludm& but not limited to, earthquakes and floods, for which Lender requires insurance This insurance shall be maintained in the amounts (including deductible levels) and for the penods that Lender requires What Lender requires pursuant to the preceding sentences can change during the term of the Loran The insurance carver providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Bormwerss choice, which right shall not be exercised unreasonably Lender may require Borrower to pay, in connexion with this Loan, ether (a) a one-time charge for -flood zone detenr nfluon, cemfncatum and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappmgs or similar changes occur which reasonably might affectsuchdetemunationermrtification Borrower shall also beresponsible forthepaymentofanyfeesimposed bythe Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower If Borrower fails to maintain any of the coverages described above, Lander may obtain insurance coverage, at Lender's option and Borrowers expense Lender is under no obligation to purchase any particular type or amount of coverage Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any nek, hazard or liability and might provide greater or lessor coveragethan wasprevmuslym effect Borrower acknowledges thatthecost ofthe insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear NORTH CAROLINASMIe FamayFRIMUFNLMC UNIFORM O STRUMENTwIth WMRS Fomn 303411011 Pages dl3 ros a,e Bortoxar(s) tnmels interest atthe Noterate fromthedate ofdtsbuesanentand "I bepayable, with such interest, upon nonce from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee Lender shall have the right to hold the policies and renewal certificates If Lender requires, Borrower shall promptly give toLenderallreceipts ofpatdpremmmsand renewal notices IfBortowerobtamsany form of insurance coverage, not otherwiseregmredby Lender, fordarnage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall frame Leader as mortgagee and/or as an additional loss payee In theeveit ofloss, Borrower shall give prompt nonce to the insurance tamer and Lender Lendermay makeproof of loss if not made promptly by Borrower Unless lender and Be Bower otherwise agree in wrmng, any insurance proceeds, whether ornot the anderlymgimurance was required by Lender, shall be applied torestomnon orrepeur ofthe Property, iftherestomnon orrepair is economically Resibleand lender's security is not lessened Dmingsuchrepairand restoration period, Lender shall have the right to hold such insurance proceeds anal Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lendei b sansfachon, provided that such inspection shall beundertakenpromptlyL.endermaydisburseproceedsfortherepairsandrestomttonmasmglcpaymrntermaseresof progresspaymentsas the work is completed Unless an agreement is made in wrmngorApplicable Law requires interest to be paid on such insurance proceeds, Leader shall not be required to pay Borrower any interest or earnings on such proceeds Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower Iftherestoration orrepairisnoteconormtxllyfeasible orLender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether ornot then due, with the excess, if any, paid to Borrower Such msuranceproceeds shall beappited in the order provided for in Section 2 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters If Borrower dos no respond within 30 days to a notice from lender that the insurance tamer has offered to settle a claim, then Lender may negotiate and settle the claim The 30•dayperiod will begin when the notice isgiven In either event, or of [ender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security►nsmiment, and (b) any other of Borrower's rights (otherthan the right to any refund ofemeamedpremium paid by Borrower) under all insurance polices covenng the Property, ensofaras such rights are applicable to the coverage of the Property Lender may use the insurance proceeds either to reparr or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due 6. Occupancy Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the dateofoccupaney, unless lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control 7 Preservation, Mdnteaance and Protection ofthe Peoper1r, Inspections Borrowershall not destroy, damage or impair the Property, allow the Property to delmorate or commit waste on the Property whether or not Borrower is residing in the Property, Borrower shall mammin the Property in order to prevent the Property from deteriorating or decreasing in value due to as condition Unless it is determined pursuant to Section 5 that repair or restoration is no economically feasible, Borrower shall promptly repair the Property ifelamaged to avoid further deterioration or damage If insurance or condemnation proceeds an: pod in connection with damage to, or the taking of, the Property, Borrower shall beresponsible fbirieparring or restoringthe Property only if Lenderhas released proceeds forsuch purposes Lender may disburseproceeds forthe repairs and restoration in a single payment orm a series ofprogr ss payments as the work iscompleted If the insurance or condemnation proceeds are not sufficient to repair orrestore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable enures upon and inspections of the Property If it has reasonable cause, Lender may inspect the interior ofthermprovementsonthe Property Leadershallgive Borrowernoticeatthenmeofor prior to such an mien" inspection specifying such reasonable cause 8 Borrowees Loan Application. Borrower shall bein default if, dunngtheLoan application proess,Borrower or any persons or entities acting at the direction of Borrower or with Boriower's Imowledge or consent gave materially NORTH CAROLINASmgle Farm-- MAI MLMC UNIFORM INSTRUMENTunth MENS Form 30M=11 Page 6 of 13 IDS rrc liaeiowei(s) Whets %%_ C-7-. false, misleadmg, or inaccurate information or statements to Lender (in faded to provide Lender with matenal information) in connection with the Loan Material representations include, but are not lumted ta, representations concerning Borrower's occupancy of the Property as Borrower's principal residence 9 Protection of Lenders Interest in the Property and Rights Underthts Security Instrument If (a) Borrower furls to perform the covenants and agreements contained in thus Security Instrument, (b) time is a legal proceeding that might significantly affect Lender's interest In the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probste, for condemnation or forfeiture, for enforcement ofa hen which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, than Lender may do and pay for whatever is reasonable or appropriate, to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property Lender's actions can include, bid ate not limited to (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) appearing incourL and (c) payingreason able attomeys'fees to protect its interest in the Propenyandlmnghtsunderdus Secuntyinsun t,mciudmgitssecuredpwinonmabmiinuptcyproceeding Securing the Property includes, but is not (muted to, enteringthe Property to make repairs, change locks, replaxerboard up doors and windows, dram water from pipes, eliminate building or other code violations or dangerous conditions, and have uttluties tumedon or off Although Lender may take action under this Section 9, Lenderdoes nothaveto do so and is not under any duty or obligation to do so It is agreed that Lender incurs no liability for not talung any or all actions authorized under this Section 9 Any amounts disbursed by Larder under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rote from the date of disbursement and shall be payable, with such tnoerest, upon notice from Lender to Borrower requesting payment Ifthis Security Instrument is on a leaschold, Borrower shall comply with all the provisions ofthe lease If Borrower acquires fee title to the Property, the leasehold and the fee role shall not merge unless Lender agrees to the merger in writing 10. Mortgage Insurance IfLendurcquired Mortgage Insumnicas acondition ofmakrag the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurerthat previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insumace, Borrower shall pay the premiums requited to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from analtemate mortgage rnsurerselectal by Leader ifsubstantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amountof the separately designated payments that were due when the insurance coverage ceased to be in effect (.ender will accept, use and retain these payments as a non- refundable loss reserve, if permitted under Applicable Law, in lien of Mortgage Insurance Such loss reserve shall be tun-refumdable, notwithstanding the fact that the Loan is ultimately paid in full, and L andershall nmbe required topay Borrower any interest oreamings an such loss reserve, tfprnmtted under Applicable Law Lendercan no lmlgerrequtre loss reserve payments if Mortgage Insurancecoverage (in the amount and for the period that Lmderrequues) provided by an insurer selected by Lender again becomes available, is obtained, and Larder requires separately designated paymentstowardthepremtumsfmMortgagelnsumn c IfLenderrequired Mortgage Insurance as a condition ofmakmg the Loan and Borrower was required to make separately designated payments toward the pim mums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law, orto provide a non-refundable lossreserve, tmnl Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lenderproviding forsuch termination or until termination is required by Applicable Law Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for cumin losses it may racer if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance Mortgage insureis evaluate their total risk on all such Insurance in force from time to nine, and may enter into agreements with other panes that share or modify them risk, or reduce dosses These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements These NORTH CARGUNA Bougie FmnWNMAWM= UNIFORM INSTRUMENT with KEIM Form 30341101 Page 7 of 13 cos me Boiiower(s) IrtNals lLl . G . agreements may require the mortgage mswerto make payments usmganysoutceoffimdsthatdremangage msurermay have available (which may include funds obtained from Mortgage Insurance premiums) As aresult ofthese sgreements, Lender, anypurehaser oftheNot%another insurer, any reinsure , any otherentrty, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement its often terr red "captive remsmance"Further (a)Any such agreements will not affect the amounts that Bormwerbas agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for mortgage Insurance, and they will not entitle Borrower to any refund (b) Any such agreements will not affect the rights Borrower has — if any — with respect to the Mortgage lmsuranee under the Homeowners ProheehonAct of 1998 ornery other law. These rights may include the right to receive certain disclosures, to request and obtain eaneellahon of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11 Assignment of Miscellaneous Proceeds, Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Properly, if the restoration or repair isocommucallyfeasible and Lendaaseamtyisnot lessened Dmmgsuchrepairandtestoranon period, lender shall have the right to hold such Miscellaneous Proceeds until lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed Unless an agreement is made in writing orApphcable Law requires mterest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds Ifthe restoration orrepaur is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by dus Security Instrument, whether or not then due, with the excess, of any, paid to Borrower Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2 In the event of a total taking, destruction. or loss in value ofthe Property, the Miscellaneous Proceeds shall he applied to the semis secured by this Security Instrument, whether or not then due, with the excess, of any, paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the far market value of the Property immediately beforethe partial taking, destruction, or loss in value is equal to or greater than the amount of the starts secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall berduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount of the sums secured immediately before the partial taking, destructionn, or loss in value divided by (b) the fur market value of the Property immediately before the partial taking, destruction, or loss in value Any balance shall be paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the far market value of the Property immediately before the partial taking, destruction, or loss in value its less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are thendue If the Property is abandoned by Borrower, or if, after rrotice by Lender to Borrower that the Opposing Party (as defined in thenext sentence) offers to make an award tosettle a claim fordamages, Borrower fails torespondto Lender within 30 days after the date the notice is given, Lender is authorized to tolled and apply the Miscellaneous Proceeds either to restoration or repair ofthe Property or to the sums sectud by this Security Instrument, whether or not then due "Opposing Party" means the third party that owes BorrowerMvscellaneoub Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds NORM CAROUNA Single FaaMy- NNAIFIRYO UMFOIN INS F40IMTwdh awm Fwm3034lin! Page 8 of 13 8onawe(s) InNats / , r uos ao 1 . ! • /• Borrower shall be in default if any action or proceeding, whether civil or cnrmnal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument Borrower cart cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Securityinstrument The proceeds ofanyaward or claim for damages that ama0nbutable to the impairmentof Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair ofthe Property shall be applied in the order provided for in Section 2 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the tune for payment or modification or amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time foepayment or otherwise modify amortization ofthe sums secured by dus Security instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower Any forbearance by Lender in exercising any right or remedy including, without Initiation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer') (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms ofthts Security Instrument, (b) is not personally obligated to pay the sums secured by this Security Instrument, and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make my accommodations with regard to the terms ofthis Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in wrung, and is approved by lender, shall obtain all of Borrower's rights and benefits under this Security instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing The covenants and agreements of this Security Instrument shall limit (except as provided in Section 20) and benefit the successors and assigns of lender 14. Loan Charges Lender may charge Bor owerfees for servicesperfomned in connection with Borrower's default, for the purpose ofprotectmg Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property mapectu n and valuation fees In regard to any other foes, the absence ofexpress authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law If the Loan is subject to a law which sets maximum loan charge(, and that law is finally interpreted so that the interest orother loan charges collected orto be collected in connection with the Loan exceed the permitted hunts, then (a) any such loan charge shall be reduced by theamountnecessaryto reduceihecharge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limns will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge its provided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a warverof any right ofaction Borrower might have ansing outofsuch overcharge 15 Notices.All notices given by Bonowerorlender in connection with this Security Instrument mustbe in writing Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when marled by first class mail "when actually delivered to Borrower's notice address ifsent byothermeans Noticeto any one Bonowershall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise Thenotice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender NORTH CAROLINA.Single FanrWNl1V"LIIC UMFORMINSTRUMENTwdh MERE Form30341101 Page 0 of 13 ins � Bonoraer(s) Indels � �• / Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at anyone time Any noticeto Lender shall be given by delivering it or by mailing it by first class mad to Lender's address stated herein unless Lender has designated another address by notice to Borrower Any nonce in connection with this Security Instrument shall not be deemed to have been given to Lenderuntil actually received by Lender Ifany, noticerequiredby this Security Instrument is also required under Applicable Law, theApphcable law reguirementwdl satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severabitity; Rules of Construction. This Security Instrument shall be governed by federal law and the law ofthelurtsdichon in which the Property is located All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable law Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect otherprovisions ofthts Security Instrument ortheNote which can be grven effect without the conflicting provision As used mNtisSecurity Instrument (a) words ofthomasculine gender shall mean and mcludeconespondmgtrader words or words of the femimne gender, (b) words in the singular shall mean and include the plural and vice verse, and (c) the word "may" gives sole discretion without any obligation to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument IS Transfer of the Property or a Beneftelal Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in abond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser Ifall or any pan of the Property or any Interest in the Property is sold ortransfe red (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable law If Lenderexereisevthis option, Lender shall give Borrowernonce ufacceleration The notice shall provides period ofnot less than30 days from the date thenonce is given in accordance with Section 15 within which Borrower mustpay all sums secured by this Security Instrument If Borrower fads to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 19. Borrower's Right to Reinstate AfterAcceleration. If Borrower meets certam conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument, (b) such other period as Applicable Law might specify for the termination of Borrower's right to mrnstate, or (c) entry ofa)udgmem enforcing this Security Instrument Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as ifno acceleration had occurred, (b) tires any default ofany other covenants or agreements, (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable allomeys' foes, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lander's interest in the Property and rights under thts Security instrument, and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sung and expenses In one or more of the following forms, as selected by Lender (a) cash, (b) money order. (c) certified check, bank check, treasurer's check or cashicr's check, providedany suchcheck is drawn upon an institution whose deposits are insured by a federal agency, instrumentality orenhty, or (d) Electrome Funds Transfer Upon reinstatement by Borrower, this Security instrument and obligations secured hereby shall remem fully effective as if no acceleration had occurred However, this right to reinstate shall not apply in the case of acceleration under Section 18 NORTH CAROLINA Smgte Family-FNMAWHWC UNIFORM INSTRUMENTwnh VIERS Form 3034 1101 Page 10 of 13 as me Borrower(s) tnaiais K� t_� •%. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more traces without prior nonce to Borrower A sale right result in a change in the entity (known as the"Loan Servrcer") that collects Periodic Payments due underthe Note and this Security Insnumentand performsothermortgage loan servicing obligations undertheNote, this Security Instrument, and Applicable Law Them also night be one or more changes of the Loan Se cer unrelated to a sale of the Note If them is achange ofthe Loan Services, Borrower will be given written notice ofthe change which will state the name and address ofthe new Loan Servicer, the address to which payments should be trade and any other information RESPA requires in connection with a nonce oftmnsfer of servicing Ifthc Note is sold and thereafter the Loan is serviced by a Loan Servicer other dum the purchaser of the Note, the mortgage loan semcmgobligations to Borrower will remain with the Loan Scivhcer or be transferred to a successor loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser NertherBorrowernor Leander nay cemmeice,loin, orbejomed to anyphdicial action (as eidieran individual lmgant ofthe memberofa class) that anses fromthe oil=party's actions pursiumtothis Security Instrument orthat alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Botroweror Lender has notified theother party (with such notice given in compliance with the requirements of Section 15) ofsuch alleged breach and affordedthe otherparty heretoa reasonable period afierthegivmg ofsuch nonce to take corrective action If Applicable Law provides a rime period which must elapse before certain action can be taken, that timepenodwill bedeemed tobereasonable forpuposesoftlusparagraph The nonce ofaecelerationand opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section IS shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20 21. Hazardous Substances. Asused mthaSecnon21 (a)"Hazardous Substances" are thosesubstancsdefined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, andrmhoacnvematerials, (b)"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or cam onmemal protection, (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law. and (d) an"Environmental Conditoe means a condition that can reuse, contribute to orotherwise tugger an Environmental Cleanup Borrower shall not cause or permit the presence, use, disposal, storage, or release ofany Hazardous Substances, or threaten to release any Hazardous Substances; on or in the Property Borrower shall notdo, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, orielease ofa Hazardous Substance, creates acondition that adversely affects the value of the Property The preceding two sentences shall not apply to the presence, use, or storage on the Property of'small quantities of Hazardous Substancesthat are generally recognized lobe appmpnatato normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumes products) Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not Immed to, any spilling, leaking, discharge, release,orthreat ofreleaseofany Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law Nothmgheremshall creeaanyobliganononLender for an Environmental Cleanup NON -UNIFORM COVENANTS Borrower and Lender further covenant and agree as follows 22 Acceleration; Remedies Lendershall give notice to Barrowerpriarto acceleration following Borrower's breach of any covenant oragreement In this Security Instrument (but oat prior to acceleration under Section 18 unless Applicable Law provides otherwise).The nohcesball specify: (a) the default; (b) the action required to cure the default, (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default NORTH CAROLINA Single FemilyfMdfFHLldC UNIFOFUAWSfRUMENrwdhUERS Form 3034 V01 Page 11 of 13 h rr IDS m Bonoisa(s) 6vhals mast be cured; and (d) that failure to cure the default on or before the date specified in the notice may result In acceleration of the sums secured by this Security Instrument and safe of the Property "a notice shall further Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non-exralence of default or any other defense ofBorrowerto acceleration and ask. lfthedefault Is not cured on or before the date specified in the notice, Lender at der option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remediespermifted byAppBeable Law Lendersballbe entitled to collect all expenses mcurred In pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys fees and cosh of title evidence. If Leader Invokes the power of sale, and if it is determined in a hearing held is accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shag give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of safcy Trusteq without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the soda of sale In one or more parcels and In any order Trustee determines. Lender or its designee may purchase the Property at any sate. Trustee shall deliver to the purchaser Troam's deed conveying the Property without any covenant or wareunty, expressed or implied. The recitals In the Trusim's deed shall be prima faeieevidence ofthe truth ofthe statements made therein Trustee shall apply the proceeds ofthe sale In the following order (a) to all expenses of the sale, Including, but not limited to, Trustee's fees of FIVE AND NO/100 percent (S.00OY.) of the gross sale price; (b) to all soon secured by this Security Instrument, and (c) any excess to the person or persons legally entitled to It The interest rate set forth in the Note shall apply whether before or after any Judgment on the Indebtedness evidenced by the Note. 23. Release Upon payment of all sums secured by this Security instrument, Lender or Trustee shall cancel this Secuntylnstmment Iff1rustre is requested to rele&%ethts Security lnsftumcnt, all notes;Lmdencing debt secured by flus Security Insimmem shall be surrendered to Trustee Borrower shall pay any recordation cons Lender may charge Borrower The forrelcasnngthis Security Instrument, but only nfthe fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Taw U.SubstitateTrustee Lcridermy from time to time removeTrustec and appourtabuccessortrustee toanyTrustee appomtedlummiderby an instrument recorded mthe county in which this Security Instrument isrxarded Withoutcon- veyance of the Property, the successor trustee shall succeed to all the tide, power and dimes conferred upon Trustee herein and by Applicable Law 25. Attorneys' Fees. Attorneys' fees must be reasonable NORTH CAROLBU We Fmn4*MRAIFHLUC UNIFORM INS MME :rwlth sMM Fix m303s 1a11 fie 12 of 13 Bom werys) Initials ;—! BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrumern and in any Rider executed by Borrower and recorded with it -Wtmess -Witness (Seat) C �'Sea2 KEVINETHOMAS -Burrower—eECEM T THOMAS -Borrower g= / 4 H 0?4— (Sign Ongmnl Only) KFanueX4 STATE County35 I,l�IMb2C: ^1�Q�,allotaryPubl funtyof WOffe/_Stateo� Gaveldo hereby certiythatKEVINETHOMASendfuTTHOMAS,who mstareknowntomeorprovedto me on the basis of satisfactory evidence to be the person(s) described, personally appeared before me this day, each acknowledging tome that hdshefthey voluntarily signed the fotegomg instrument for the purposestated theme, and in the capacity indicated Witness my hand and official seal this day of O` I t/�e Poll My Conumsmon Expires o;my U�I�J.P/lY� KimberlyU YalMINoiarvbam�" . Staw at LaMe Ketill"Y NORTH CAROLW1 Su* Fmn*FNA NFHLNC UIFORM IN$IRtIMNTw1th HERS Fomr3t U lffil Page 13 of 13 105 ft Beginning at a concrete monumert in the western right of way line of Bald Eagle Lane (30' from the centerline thereof), said concrete monument being located North 56 degrees 21 minutes West 15 02 feet from the northeast comer of Lot 14, Section A Porters Neck Plantation, reap of same being recorded in Map Book 5 at Page 63 in the New Hanover County Registry mmung thence from said beginning point North 56 degrees 21 minutes West 196 85 feet to a concrete momiment near the edge of the marsh, running thence North 56 degrees 21 minutes West 48 00 feet to the approximate high water line of Futch Creek (also known as Foy's or Rich Inlct Creek), minting thence m an easterly direction along the approximate high water line of the aforementioned creck to a point that is located North 61 degrees 07 minutes 45 seconds East 208 38 feet from the preceding point, running thence South 21 degrees 53 minutes East 18 81 feet to an iron pipe near the edge ofthe marsh, running thence, with the following two calls along an agreed hie as described in Deed Book 2145 at Page 0381 recorded in the Now Hanover County Registry, South 14 degrees 28 minutes 31 seconds Bast 70 40 feet to an iron pipe and South 20 degrees 48 minutes 59 seconds East 99 87 fed to a P K nail m die western right of way line of Bald Eagle Lane, running thence with the western tight of way line of Bald We Lane South 30 degrees 46 minutes West 7213 feet to the point of beginning Containing 0 63 acres more or less Loan Number 5029028 1-4 FAAHLY RIDER (Assignment of Rents) MIN 100624600050290288 THIS 14 FAMILY RII)ER is made this 11th day of October, 2011, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trost, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to COASTLINE MORTGAGE CONSULTANTS, LLC (the "Lender') ofthe same date and covering the Property described in the Secuntylastrtmment and located at 8737 BALD EAGLE LANE WHZd0GTON, NORTH CAROLINA 28411 (Property Address) 14 FAMILY COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender finther covenant and agree as follows A. ADDITIONAL PROPERTY SUBJECTTOTHE SECURITY INSTRUMENT. In addition to the Property describedm Security Instrument, the following ttemsnow or hereafter attarhedto theProperty to the extent they are fixtures are added to the Property description, and shall also constitute the Property coveredbythe Secuntyhrstrumetn building materials, appliances and goods ofevery nature whatsoever now or hereafter located in, on, or used, ormtended to be used in connection with the Property, including, but not limited to, those for the purposes of supplying or distributing heating cooling, electricity, gas, water, arc and light fueprevenjumand extinguishing apparatus, security and accesscontrolapparatus plumburgbathtubs, water heaters, water closets, sinks, ranges, stoves, refrigerators, dishwashers, disposals, washers, dryers, awnings, storm windows, storm doors, screens, blinds, shades, curtains and cumin rods, attached mirrors, cabinets, paneling and attached floor coverings, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the Property covered by the Security Instrument All of the foregoing together with the Property described in the Security Instrument (or the leasehold estate if the Security Instrument is on a leasehold) are referred to in this 14 Family Rider and the Security Instrument as B. USE OF PROPERTY; COMPLIANCE WITH LAW. Boaowershall not seek, agree to ormake a change in the use of the Property or its zoning classification, unless Lender has agreed in writing to the change Borrower shall comply with all laws, ordmamcesregulations andrequirementsofanygovernmental body applicable to the Property MULTISTATE 1-4 FAMILY RIDER -Fannie MaelFreddle Mac UNIFORM INSTRUMENT VMP-67R (0811) Page 1 of 3 Form 31701/01 Borrower (s) Initials T e, T. C. SUBORDINATE LIENS. Except as permitted by federal law, Bormwershall not allow any hat inferior to the Security Instrument to be perfected against the Property without Lender's prior written permission D. RENT LOSS INSURANCE. Borrower shall maintain insurance against rent loss in addition to the other hazards for which insurance is required by Section 5 E. `BORROWER'S RIGHT TO REINSTATE" DELETED. Section 19 is deleted F. BORROWER'S OCCUPANCY. Unless Lender and Borrower otherwise agree in writing, Section 6 concerning Borrower's occupancy of the Property is deleted G. ASSIGNMENT OF LEASES. Upon Lender's request after default, Borrower shall assign to Lender all leases of the Property and all security deposits made in connection with leases of the Property Upon the assignment, Lender shall have the right to modify, extend or terminate the existing leases and to execute new leases, in Lender's sole discretion As used in this paragraph G, the word `lease" shall mean "sublease" if the Security Instrument is on a leasehold H. ASSIGNMENT OF RENTS; APPOINTMENT OF RECEIVER; LENDER IN POSSESSION. Borrower absolutely and imcondihonaRy assigns and transfers to Lender all the rents and revenues ("Rental of the Property, regardless of to whom the Rents of the Property are payable Borrower authorizes Lender or Lender's agents to collect the Rents, and agrees that each tenant of the Property shall pay the Rents to Lender orLender's agents However, Bonowershallreceive the Rents until (i) Lenderhas given Borrowernohce ofdefitult pursuant to Section 22 ofthe Security Itsmmieny and (u) Lendcrhas given notice to the tertant(s) that the Rents are to bepaidto Lendcror Lender's agent Thu assignmentof Rents constitutes an absolute assignment and not an assignment for additional security only If Lender gives notice of default to Borrower (i) all Rents received by Borrower shall be held by Borrower as trustee for the benefit of Lender only, to be applied to the sums secured by the Security Instrument, (n) Lender shall be entitled to collect and receive all of the Rents of the Property, (m) Borrower agrees that each tenant of the Property shall pay all Rents due and unpaid to Lender or Lender's agents upon Lender's written demand to the tenant (iv) unless applicable law provides otherwise, all Rents collected by Lender or Lender's agents shall be applied first to the costs of taking control of and managing the Property and collecting the Rents, including, but not limited to, attorneys fees, recmvees fees, premiums onreceiver's bonds, repair and maintenance costs, insurance premiums, taxes, assessments and other charges on the Property, and then to the sums secured by the Security Instrument, (v) Lender, Lender's agents or any judicially appointed receiver shall be liable to account for only those Rents actually received, and(vi) Lender shall be entitled to have a receiver appointed to take possession of and manage the Property and collect the Rents and profits derived from the Property without any showing as to the inadequacy of the Property as security Ifthe Rents ofthe Property are not sufficient to cover the costs of Wing control ofandmanagutgthe Property and of collecting the Rents any funds expended by Lender for such purposes shall become indebtedness of Borrower to Lender secured by the Security Instrument pursuant to Section 9 Bonowerreptesents and warrants that Borrower has not executed anypnorassignment ofthe Rents and has not performed, and will not perform, any act that would prevent Lender from exercising its rights under this paragraph Lender, or Lender's agents or a judicially appointed receiver, shall not be required to enter upon, take control of or maintain the Property before orafter giving notice ofdeftulttoBorrower However, Lender, or Lender's agents or a judicially appointed receiver, may do so at any time when a default occurs Any application of Rents shall not cure or waive any default or invalidate any other right or remedy of Lender This assigmmem of Rents ofthe Property shall terminate when all thesums secured by the Security Instrument are paid in fidl MULTISTATE 1-4 FAMILY RIDER -Fannie MaelFreddie Mac UNIFORM INSTRUMENT VMP —57R (0811) Page 2 of 3 Form 31701/01 Borrower (s) Initials T e- ?. ta&. rl= L CROSS -DEFAULT PROVISION. Borrower's default orbreach under any note or agreementm which Lender has an interest shall be a breach under the Security Instrument and Lender may smoke any of the remedies permitted by the Security Instrument BY SIGNING BELOW, Borrower accepts and agrees to the term and covenants contamed in this 1-4 Family Ruder ow- r cly-, (Seep I(EVIN E THOMAS -Borrower (Seal) CX5GE L4 T TROMAS -Borrower MULTISTATE 1-4 FAMILY RIDER -Fannie MaelFreddle Mac UNIFORM INSTRUMENT VMP -57R (0811) Page 3 of 3 Form 31701/01 os, me EXISTING DOCK - 4 TOTAL SLIPS WATER DEPTH DATUM: NORMAL LOW WATER (NLW) I I BOAT LIFT �- �. vt 'PPR\I ' �A�tllyEs \�Bq\ 6' 22• -L.1 1 J_ V +1 +LY �G ♦ .6 3I 117' BOAT LIFT �- 136' + v Z Q APPROX. 15' RIPARIAN LINE SETBACK — v �O}� JIG JIG JIG Q APPROX. RIPARIAN LINE 'r Ji Al! Ak �Y- PROPERTY OF: HARBORSIDE HOLDINGS, LLC BOOK S394, PAGE: 2371 PROPERTY OF: HOWARD JOHN F BOOK 9904, PAGE: 1513 N VICINITY MAP NTS RECEiV✓ D 0 WILMINGT N, kB 0 6 2015 0 15 30 60 SCALE 1" = 30' vru x s _ o e an N � rl o z z Z O 0 s V W gz IA 0 w 0 0 W J F- 6 z w Z 0 :) H Q2 m 0 0 n ut .y 00 W 0 z Q 2 3 z NOTE: PROPOSED NEW FLOATING DOCK DOES NOT EXCEED EXISTING ESTABLISHED PIER HEAD LINE PROPOSED DOCK -4TOTAL SUPS WATER DEPTH DATUM: NORMAL LOW WATER (NLW) APPRO-v1 \A _ V ury\�BAC'K \ 16K LB BOAT LIFT 56' Z F © " 6' ELEVATED WALKW Y I I zo io A s IZ 6' CROSS SECTION 10K LB BOAT LIFT W W 6 Q APPROX.15' RIPARIAN LINE SETBACK — — .. JIG JIG JIG �O}, JIG JIG JIG Q APPROX. RIPARIAN LINE ? �L A PROPERTY OF: HARBORSIDE HOLDINGS, LLC BOOK: 5394, PAGE:2371 PROPERTY OF: HOWARDJOHNF BOOK 9904, PAGE: 1513 M VICINITY MAP NTS RECEIVED 0 WILMINGTON, NC 0 6 2015 0 15 30 60 SCALE.1" = 30' >r c W O 0 V1 F rl N F W _ z � o � N c z 4: Z O 0 z Q W U Z 2 g 0 0 W Z J QJZ W a W M Z m 00 U n w m W 0n0 0 Z Q S 3 Z 16' 2' I I I 2' 2' �— 4' 4' 4' 4' —� WAVE GUARD FENDERING TYP.� "P" SHAPE FENDERING TYP.--\ DECKING TYP.--\ FLOTATION TYP. TYPICAL DOCK FRAME 56' 16' 16' 16' T 8' 1 11 11 11 1 11� 11 11 1 • BOLTINGBRACKET WITH GUSSET AND 1/2' THRU `1/2" HDG ALL -THREAD WITH OUTSIDE NUT AND WASHERS COUNTER SUNK INTO 4x6 STRINGER TYP. `4x6 END CAP TYPl4x6 STRINGERS TYP. 1 6' 16' 3x5 ANGLE BRACKET WITH 1/2" THRU BOLTING TYP. RECEiVED 10, DCM WILMINGTON, FEB 0 6 2015 a N O N 0 O Vf LLWl . N 2 � Q l\O N N N rl O 2 a yZ J K a W u Qz 0 J z o w Z J � a w Z o g z Q Q OD a O v� n LL m W 0 OODD z a x 3 W z OVERALL FRAMING LAYOUT