126-22 Scudder, Marc

Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
126-22
Issued to Marc Scudder, 4501 Lewiston Oaks Ct., Greensboro, NC 27410
Authorizing development in Brunswick County at adj. to AIWW at 125 High Point Street in
Holden Beach as requested in the permittee's application dated 7/l/22 (MP-
1, MP-4), including work plan drawings (3) Sheets 1-3 of 3, dated 7/22/22.
This permit, issued on November 16, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
It mese terms may De suciect to nnes, imprisonment or clvn action; or may cause the permit to be null and void.
Docking Facility
1) This permit authorizes only the docks, piers, boatlift, and other structures and uses located in or over
the water that are expressly and specifically set forth in the permit application. No other structure,
whether floating or stationary, shall become a permanent part of this docking facility without permit
modification. No non -water dependent uses of structures shall be conducted on, in or over Public
Trust waters without permit modification.
2) This permit authorizes 1 additional formalized boat slips for a maximum of 3 formalized boat slips at
this docking facility.
(See attached sheets for Additional Conditions)
I his 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
November 16, 2027
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
/i>rzs�
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

Marc Scudder
ADDITIONAL CONDITIONS
Permit No. 126-22
Page 2 of 2
3) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine width of the water body shall be made from the normal high-water line
or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more
restrictive.
4) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring 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.
5) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
6) 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.
Sedimentation and Erosion Control
7) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
8) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
General
9) 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.
10) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 20221206.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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: An application processing fee of $250 was received by DCM for this project.

N&w
DCM Coordinator: L r k' Permit #: i n —2 2
MAILING DISTRIBUTION SHEET
Permittee: l ►IGrG 5Cvd�t! `{Sul (.r •- � (+ G. 'j b�. A/ , Z ?L416
Agents: 0'rc? Lc — 3'eti. 3r•�.�
DCM Field Offices
Elizabeth City
Washington (with revised work plan drawings)
Morehead City
Wilmington .7 A��a (OBJECTIONS )
US ACOE Offices:
-rMy'
Washington:
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources: Renee Gledhill -Earley at Environmental. [e-mail]
Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD)
Marine Fisheries: Kim Harding Jimmy Harrison
NC DOT: David Harris
Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines
State Property: Tim Walton / Mike Moser
DEMLR/DWR: Sheri Montalvo / Shelton Sullivan
Washington: Robert Tankard — 401
Glenn Stewart - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider-401 (Pender, Brunswick, New Hanover)
John Perry — 401 (Onslow, Carteret)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources:
Natural Heritage Program
LPO:
Maria Dunn (WARD)
Rodney Butler
(NCDOT) Travis Wilson

Permit Checklist
Major Development
Excavation/Fill
Applicant
ftf( SCAd-v-
Address
County
Permit #
Physical Location including '�II
Waterbody Description 2S 111�� T0"YJ �� I iic�de . Q� / L3L 2kti6 L
c
MP Forms
Dates
Drawings
MP1
MP2
MP3
MP4
MPS
IZ
1
I 7 IZ
# Drawings & Dates j /ZQ 1 1 —
Development Types
Including Conditions
and Notes
DWR 401 Certification #
Permit Fee
USACE SAW #
Additional Comments On Back

Application Review Checklist
Letter A is (
75
Placard Comment
15, Z
Applicant
i'.i;,-L r fh„ck„ i
Pub A C(/t'l;
Comment Z
Agent
n
�'�%r L L
Computer I
A
Deficiency Letter?
DWR ACK Date
2 DWR Statements
Physical Address
� (.s �t�� �(;.�}' �.` aka, 1,
AIWW Field Rep.
?. 4115-tl
AECs
;--�� Habitat
Designations
\
Oc;yul S,4
Development
Buffer
Riparian Notification?
Green Card? Signed Form? Obj Waive 15'
Fee Schedule
GG
.L,yaK f v�T�'�
✓ k
I' iC x
Water
/
Dependent
1 �[ I 1,
Rr�T�I.- V111�(f-R�,1rr+�� k
l /
Deed?
V
Raparian rights
PH or
From Property line
1/4 width?
Nav/Channel Proximity
Residential Commercial
FT calculations 8ft'or 27ft' N/A
ISSUES OF NOTE

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Marc, Michael & Trish Scudder COUNTY: Brunswick
PROJECT NAME: Scudder Docking Facility
LOCATION OF PROJECT: 125 High Point St., in canal adj. to AIWW, Holden Beach
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 8-11-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Amico DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $2SO#025692
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D: 9-4-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 10-25-22
HOLDS:
MAIL OUT DATE: 8-31-22
PERMIT FINAL ACTION: ISSUE DENY
END OF NOTICE DATE: 9-25-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 9-25-22
RECEIVED
SEP 01 2022
DCM-MHD CITY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
Qa1^
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
DWR-401 Section
()
tCk
}:l
2dZZ(� jArLj LI4%
t
DWR—Public Water Supply
DEMLR — Stormwater
DEMLR — Sed and Erosion
DOA — State Property Office
Wildlife Resources Commission
QAL
DMF — Shellfish Section
DMF — Habitat & Enhancement
y�o (ern
DNCR— Archives&History
y
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce

RECOMMENDATIONS FOR 125 High Point Street Holden Beach
The total area of platform was calculated as follows:
Shoreline length = 100 ft. x 8 ft. = 800 SF allowable
Existing Fixed Platform = 10 ft. x 30 ft. = 240 SF, (300SF minus 60 SFfor access credit)
F' t' g Rmyed Plstfhnn = R ft y h 1i = AR RP (nni rnigntod-for shadingdit)
Existing Fixed Platform = 6.5 ft. x 6 ft. = 39 SF
Existing Floating Dock = 8 ft. x 16 ft. = 128 SF
Existing Floating Dock = 24 ft. x 8 ft. = 192 SF
Proposed Boatlift = 13 ft. by 13 ft. = 169 SF, (not counted for shading)
Total Counted sq. ft. = 599 SF
The proposed boatlift would provide docking space for one additional vessel, increasing the slip count from 2 to
3 slips. The proposed boat lift would extend approximately 21' into the waterbody, which measures approximately 87'
across. As proposed, the project would he CONSISTENT with the use standards set forth in NCAC 07H .0208,
including the docking facility length limitations, the eight square -foot shading rule. The proposed boat lift
would not encroach into the 15ft, riparian setback for either adjacent riparian property. The proposed boat lift
would be located entirely over open water in water depths ranging from -2.8 to -5.0 @ NLW, according to the
applicant.
RECEIVED
127 Cardinal Drive Ext., Wilmington, NC 28405 SEP 0 12022
Phone: [phone] FAX: [phone] Internet: www.nowastaimanagement.net
M Equal OWnunlly l ANum We k6on Em*w DCM-MHD CITY

DCM Coordinator: Cameron Luck
County:
Circle a e: Bio Re / Permit for:
Oversize s sent: 4.21
WIRO E-MAIL DISTRIBUTION SHEET
� IMaA 02 ---
Permit #: t ' "
DCM Offices:
Morehead City: PT (if oversize) via Courier
`cc Cam & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet _
"MHC documents (Cam & Amanda) _
Wilmington: Original hard -copy _
ONLY USACE & DWR (mrq): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington: J1 der & Carteret Co): PN, CL, Reports, Split Sheet
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet_
LtZreg Currey (NH/BR: PN, CL, Reports, Split Sheet_
Div of Water Resources: t-h�tolle Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet _
r - 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet _
Div of Water Resources: "'Aeri Montaivo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
Kim Harding _
DCM PlannerlWiRO:
Mike Christenbury _
``
Wnee Gledhill EnvironmentaLReview0ncdenrgov_
Cultural Resources:
-Earley
Natural Heritage Prog.
40dney Butler_
-
DCA-Rural Eco. Dew
ark Ziegler_
NC DOT:
Vda%vid Harris _
Wildlife Resources:
Maria Dunnw/Reports_
State Property Office:
✓Tllri Walton: DEED _
ta Moser
%Wanda Hilliard, Real Property Agent (Bio Reports only) _
Shellfish Sanitation:
Jeyemy Humphrey (Bio) / _
aron Gupton, Admin. _
DEMLR:
Cfyistine Hall - Stormwater Section _
�a�n Sams - Land Quality Section
Public Water Supply:
Weidi Cox _
City of Wilmington: .YEethrj�bigon _
f �/l (fit(,
Enforcement: Field Rep:
RECEIVED
Co. LPO
Agent: SEP 01 2022
DCM-MHD CITY
DISTRIBUTED: � 2 �
Updated 2/25/22 CAMA/Shaun majors docs/e'Agency List

ROY COOPER
Governor
ELIZABETH S. BISER
secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quallty
DATE: October 19, 2022 ' / �,
FROM: Holley Snider T/rrJ\ -
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
SUBJECT: DWR#20221206
No Written Approval Required
PROJECT LOCATION: 125 High Point Street, Holden Beach, Brunswick County
Scudder Docking Facility
PROPOSED PROJECT: Expansion of an existing docking facility to provide mooring for three (3) vessels
The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application
request completed August 11, 2022 and received by this office on August 31, 2022. The waters of
the Atlantic Intracoastal Waterway in the project vicinity are classified as SA;HQW by the Division
of Water Resources (DWR).
In accordance with the attached General Certification #4497 (GC 4497), the impacts described in
your application do not require written authorization to utilize GC 4497. However, you are required
to follow the conditions listed in the attached certification.
You should also obtain and comply with any other federal, state and local requirements including
(but not limited to erosion and sedimentation control regulations and state stormwater
requirements before you proceed with your project). Also, the approval to proceed with your
proposed impacts to waters a depicted in your application shall expire upon expiration of the404
or CAMA Permit.
This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by
calling the OAH Clerk's Office at [phone] for information.
Noah Carolina Depamnentof Environmental Quality I Divisionof Water Resources
D.Q�� 127 Cardinal Drive Ext. W dmington, North Carolina 28105-5406
rxonTM 910.796.7215
aN�pfmYmmmtrlUUR/�

DocuSign Envelope ID: 7AB8F9AE-0944472F-9939-465216A3F5A9
STATE OF NORTH CAROLINA
DEPARTMENT OF ENVIRONMENTAL QUALITY
DIVISION OF WATER RESOURCES
WATER QUALITY GENERAL CERTIFICATION NO.4497
GENERAL CERTIFICATION FOR PROJECTS ELIGIBLE FOR US ARMY CORPS OF ENGINEERS REGIONAL
GENERAL PERMIT 197800056 (PIERS, DOCKS AND BOATHOUSES)
Water Quality Certification Number 4497 is issued in conformity with the requirements of
Section 401, Public Laws 92-500 and 95-217 of the United States and subject*to the North
Carolina Regulations in 15A NCAC 02H .0500 and 15A NCAC 02B .0200 for the discharge of fill
material to surface waters and wetland areas as described in the US Army Corps of Engineers
Wilmington District's Regional General Permit 197800056.
The State of North Carolina certifies that the specified category of activity will comply with
water quality requirements and applicable portions of Sections 301, 302, 303, 306 and 307 of
the Public Laws 92-500 and 95-217 if conducted in accordance with the conditions hereinafter
set forth.
Effective date: January 3, 2022
Signed this day: October 28, 2021
By
DocuSigged Cy.
P C gbLa
for
S. Daniel Smith
Director

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAMS
Director
August 31, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:[phone] (Courier11-12-09)
cameron.luck(a)N CDENR.gov
SUBJECT: CAMA .
Applicant: Marc, Michael and Tina Scudder
Project Location: 125 High Point Street, canal adj. to AIINW in Holden Beach, Brunswick County
Proposed Project: The applicant proposes to expand an existing docking facility with the
construction of a new boat lift, increasing from two (2) to three (3) proposed slips
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by September 25, 2022. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE K�{N6ae DATE
09/26/22
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
um.m.nau.uu®mwomn�
910.796,7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 31, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.lucklc)NCDE NR. gov
SUBJECT: CAMA
Applicant: Marc, Michael and Tina Scudder
Project Location: 125 High Point Street, canal adj. to AIINW in Holden Beach, Brunswick County.
Proposed Project: The applicant proposes to expand an existing docking facility with the
construction of a new boat lift, increasing from two (2) to three (3) proposed slips
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron,Luck at the address above by September 25, 2022. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
"Additional comments may be attached"
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.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE fllccll'.. 91e,w1. DATE 9)1)22
mmy
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 31, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(oo)N CDE NR. oov
SUBJECT: CAMA
Applicant: Marc, Michael and Tina Scudder
Project Location: 125 High Point Street, canal adj. to AWINin Holden Beach, Brunswick County.
Proposed Project: The applicant proposes to expand an existing docking facility with the
construction of a new boat lift, increasing from two (2) to three (3) proposed slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by September 25, 2022. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
DATE 09/13/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
August 31, 2022
MEMORANDUM:
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca meron.luckoNCD ENR.00v
SUBJECT: CAMA
Applicant: Marc, Michael and Tina Scudder
Project Location: 125 High Point Street, canal adj. to AIVWV in Holden Beach, Brunswick County.
Proposed Project: The applicant proposes to expand an existing docking facility with the
construction of a new boat lift, increasing from two (2) to three (3) proposed slips.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by September 25, 2022. If you have any
questions regarding the proposed project, contact Patrick Amico at (910) 79677425 when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
✓ 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.
PRINT NAME NAc n 1 17 urn is
AGENCY NGNRL
SIGNATURE �!�` 1) 7 DATE cj- llo- 2027 .
Em
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cartlinal Drive Extension I Wilmington. North Carolina 28405
910.796.7215

Received: 9/8/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secremry
BRAXTON DAVIS
Director
August 31, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 22-2178
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEO - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckt7a NCDENR.gov
SUBJECT: CAMA
Due: 9/16/2022
9/12/2022 no comment —SBA
Applicant: Marc, Michael and Tina Scudder
Project Location: 125 High Point Street, canal adj. to AIININin Holden Beach, Brunswick County.
Proposed Project: The applicant proposes to expand an existing docking facility with the
construction of a new boat lift, increasing from two (2) to three (3) proposed slips
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by September 25, 2022. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached" -
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY NC Historic Preservation Office
v-
SIGNATURE
DATE
9/15/2022
�,�aoDEQ�
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Ofnce 1 127 Cardinal Drive Extension I wlmington, North Carolina 28405
910.796.7215

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Marc Scudder
2. LOCATION OF PROJECT SITE: 125 High Point Street, in a canal adjacent to the AIW W, in Holden Beach,
Brunswick County.
Lat: 33.913979°N Long:-78.289961°W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit - 8/9/22 Was Applicant Present — No
5. PROCESSING PROCEDURE: Application Received - 8/1/22 401 Prefle Date 7120/22 Complete - 8/11/22
Office - Wilmington
6. SITE DESCRIPTION:
(A) Local Land Use Plan - Brunswick County
Land Classification from LUP -Residential
(B) AEC(s) Involved: PTA, EW
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - NIA Planned - N/A
(I) Type of Structures: Existing - Multi family condominium with existing bulkhead, private 2 slip docking
facility
Planned -construct one additional boat lift (one additional slip) for a total of 3 slips
(G) Estimated Annual Rate of Erosion: N/A
Source - N/A
HABITAT DESCRIPTION:
[AREA]
r PPI-I :Gn Ft1.t.Fn OTHER
Wetlands (Coastal
rVegetated
getated Wetlands
169 SF
ater)
additionalincor ratedigh
ground)
(D) Total Area Disturbed: 169 SF (.003 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA Open: No
8. PROJECT SUMMARY: The applicant proposes to expand an existing docking facility with the construction of
a new boat lift, increasing from two (2) existing slips to three (3) proposed slips.
127 Cardinal Drive Ext.. Wilmington, NC 28406
pnone: 910-79&-7215 % FAX: 910-3W3964 Internet: wam.nccoastalmmagementnet
An Equal Opportunity \ Affirmative Action Employer - 5M Recycled 110% Post Consumer Paper
RECEIVED
SEP 01 20Z2
DCM-MHD CITY

Scudder Docking Expansion
Page Two
9. PROJECT DESCRIPTION:
The project site is located at 1.25 High Point Street, on a canal adjacent to the AIW W, in Holden Beach,
Brunswick County. The site is approximately 0.27 acres, and is vegetated primarily with manicured lawn grass.
There is an existing multi family residence on the parcel site, and an existing bulkhead (permit 877961), issued
6/2022) that was recently replaced in the same footprint. The project site has approximately 100ft. of shoreline
frontage along the canal. There are currently two slips on the parcel, which consist of two separate floating docks
that are accessed by separate fixed platforms. The northernmost platform (10' x 30') extends waterward from the
bulkhead and terminates on a T head fixed platform (8' x 6'). From the T head, a gangway extends to the north
and provides access to a floating dock (8' x 16') which is oriented parallel with the shoreline and serves as slip
# 1. The southernmost platform (6.5' x 6') extends waterward from the bulkhead a gangway provides access to a
second floating dock (8' x 24') which is oriented parallel with the shoreline and serves as slip #2.
The Brunswick County Land Use Plan classifies the adjacent waters as Conservation. The waters of the AIW W
are classified SA by the Division of Water Resources. This area is is not designated as a Primary Nursery Area
(PNA) by the N.C. Division of Marine Fisheries and it is CLOSED to the harvest of shellfish.
PROPOSED PROJECT:
The applicant proposes to expand an existing docking facility with the construction of a new boat lift, increasing
from two (2) existing slips to three (3) proposed slips. According to the application materials, the applicant is
proposing to construct a new boat lift (13'x 13') in between the southernmost existing floating dock and the
northernmost existing fixed platform. According to the agent, the boat lift would be located in water depths
ranging from -2.8@ NLW on the landward side to -5.0' @ NLW on the waterward side.
According to the work plan drawings, the applicant's proposal is located within their riparian corridor, and
landward of the'/< of the width of the waterbody, which measures approximately 87' across. The proposed boat
lift would not encroach into either adjacent riparian corridor setback.
10. ANTICIPATED IMPACTS
The proposed boat lift would incorporate an additional 169 sq, ft. of Estuarine Waters and Public Trust Area.
Currently, the existing facility incorporates 707 SF of Estuarine Waters and Public Trust Area. The proposed
boadift would be consistent with the pierbead line and landward of the 1/4 width. This area is not designated as
Primary Nursery Area, and the proposed lift would be located in water depths ranging from -2.8 to -5.0 at NLW
according to the applicant. Minor increases in turbidity should be expected during construction.
Submitted by: Patrick Amico Date: 8/25/22 Office: Wilmington
RECEIVED
SEP 01 20%'?
DCM—MHO ]",sTv

Project Narrative: 125 High Point St. (Holden Beach —Brunswick)
(Scudder Docking Facility)
The applicant is proposing to add a] 0,000lb (13'x13') boat lift to his existing docking facility. The
existing docking facility includes three fixed platforms (6.5' x 6' (4' over water) , 10' x 30' , and 8' x 6')
and two floating docks (8' x 24') and (8' x 16'). The existing docking facility has 2 formalized slips and
the proposed boat lift will increase that to 3 formalized slips. The property has approximately 100' of
shoreline (existing bulkhead). At NLW the most waterward depths of the docking facility are greater than
-5.0 feet. The new boat lift landward pilings are proposed in -2.33 feet of water at normal low water,
Existing Docking Facility Shaded Impact:
Fixed Platforms — 372 sq. ft.
Floating Docks — 320 sq. st.
Total — 690 sq, ft.
Waterbody Width: 87'
/. Width: 22'
Proposed:
13' x 13' Boat Lift (10,OOO1b)
• The project proponent hereby cert(fes that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief
• The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time,
$250 to NCDEQ Check No. 025692
(Dated 7,14.2022)
401 Prefiling 7.20.2022
RECEIVED
SEP 01 2022
DCM-MHD CITY
RECEIVED
AUG 12022
DC" WILMINGTON, ni :

IDIOM
APPLICATION for
Major Development Permit
(Ina revbed 12127106)
r
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant! Landowner Information
Business Name N/A
Project Name (if applicable)
Scudder Docking Facility
Applicant 1: First Name
MI
Last Name
Marc
J
Scudder
Applicant 2: First Name
MI
Last Name
Applicant3: Michael/Tina
N/A
Scudder
If additional applicants, please attach an addtt wai page(s) wkh names listed.
Mailing Address 4501 Lewiston Oaks Ct.
PO Box
City
State
N/A
Greensboro
NC
ZIP
27410
Country
Phone No.
FAX No.
USA
336-707-4261
N/A
Street Address Cif of feent fnnn above)
City
State
ZIP
125 High Point St.
Holden Beach
NC
28462
Email
m scudder®freight l logistics.corn
2. AgentifContractor information
Business Name
CPG, LLC.
Agent/ Contractor 1: First Name
MI
Last Name
Ben
B
Brink
Agent/ Contractor 2: First Nam N/A
Mi N/A
Last Name N/A
Mailing Address
PO Box
City
State
N/A
1661
Carolina Beach
NC
ZIP
Phone No. 1
Phone No. 2
29428
USA
910-302-5725
N/A R
FAX No. N/A
contractor a
N/A
Street Address (if ddferent from above)
city
state
ZIP
N/A
N/A
N/A
N/A
Email
[e-mail]
<Form continues on back>
r try GlVGLj
AUG 12022
:CEIVED
P 01 2022
•MHD CITY
252-809.2808 t: 1.8884RCOAST :- www.neeoastaimanage j,AY.NV4MINGTON, NC

Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
State Rd. #
Brunswick
125 High Point St.
N/A
Subdivision Name
City
State
Zip '..
N/A
Holden Beach
NC
28462
Phone No.
Lot No.(s) (d many, attach additional page wfih list)
336-707-4261
Parcel PIN 201619505425
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Lumber
Manmade Canal
In III the water k WON in jpl 6m, natural or manmade?
i
d, Name die cksest major water Wq to the proposed project Me,
ONatural 0anotade OUnknown
AfWW
e, le proposed work within city limita or plannin8 jurisdiction?
f. If applicable, list the planning jurisdiction or city limit the prt>toosed
Xyge ONO
work falls within.
Holden NO
4. Site Description
a. Total length 6f sh1etgllno on the Iraq (It.) b. Size of entire tract (sq-ft.) 11,761.2 SQ tj
1 e. Size Of indlvidUe �S) d. ApProximele -W—u n of tract above NHW (rmrmai high wafer) Or
NWL (normal water fsysl)
11,761.2 sq. fL or 0.27 acres 5' X NHW or ONWL
(#many lot sizes, please attach additional Page with a list)
9. Vegatatbn on trail
Manicured lawn, shrubs, coastal wetlands waterwazd of the existing bulkhead (Spaxtina altemiflon)
f. Manmade features and uses now on tract R EC E IV
Multi -Family Unit (4) - docking facility with fixed platform and (2) floating docks, bulkhead
Ed�s
ribe the existing land uses adiscent to the proposed project site.
family homes with docking facilities and existing bulkheads DC M-M HD
lovemfneM tone ame tract? I, he Proposed Protect consistent with the applicable zoning?
(Attach zoning compliance certificate, if applicable)
N/A []Yes []No X NA
aNtty p
.rt or an meet n waterfront radevelooment Proposal? []Yes XINo
k. Has a professional archaeological assessment been done for the bract? If YES, attach a copy' ❑Yes []No XINA
If yes, by whom? _
Project located in a National Registered Historic District or does 1t involve a []Yes []fb X IA
I. Is the proposed Wal , �

Form DCM MP-1 (Page 3 of 4)
APPLICATION for
Major Development Permit
in. (1) Are there wetlands on the site? X yw []No
fill Are there coastal wetlands on the site? X Yes []NO
(ill) if yes to either (i) or (it) above, has a delineation been conducted? ❑Yes X',No
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
Brunswick County
o. Describe existing drinking water supply source.
Brunswick County
P. Describe existing storm water management or treatment systems.
Brunswick County
5. Activities and Impacts
a. Will the project be for commercial, public, or private use?
❑Commercial ❑Public/Government
X 'rivate/C xnmunity
b. Give a brief description of purpose, use, and daily operations of the project when complete.
Boating and recreational use
c. Describe the proposed construction methodology, types of construction equipment to be used during constriction, the number of each type
of equipment and where it is to be stated,
Standard marine construction for a
lOk boatlift (4 pilings w/ cradle)
d. List all development activities you propose.
Standard marine construction for a
IOk boatlift (4 pilings w/ cradle)
e. Are the proposed acth itles maintenance of an existing project, new work, or both?
New
work
f. What is the approximate total disturbed lard area resulting from the proposed project?
) Sq.FI or ❑Acres
0
g. Will the proposed project encroach on any public easement, public accessway or other area
Oyes X )No ❑NA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the stale.
R
N/A
SE
I. Will wastewater or stormwater be discharged Into a wetland?
❑Yes X No ❑NA
If yes, will this discharged water be of the same salinity as the receiving water?
[]Yes ❑No X NA DCM-
j. Is there any mitigation proposed?
[]Yes ❑No X INA
If yes, attach a mitigation proposal.
Form continues on back>
AUG i 2022
CEIVED
0 1 2022
AND CITY
asz-sue-zeoe :: 1-88e-4RCOAST :: www.neconstaimanagodiOM.Wt,t11lNGTON,NC

Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
6. Additional Information
In addition to this completed appficaton form, (MP-1) the following items below, If applicable, must be submitted in order for the application
package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application
instruction booklet on how to property prepare the required items below.
a. A project narrative.
b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed (with state application only) or other instrument under which the appkcant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to DENR.
I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed realm receipts as proof that such
owners have received a copy of the application and plats by certified mall. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastaf Management.
Name FULTON SUSAN BATSON Phone No.
Address 127 HIGH POINT ST. SUPPLY, NC 28462-1918
Name KRING KRISTINE AND KRING SANDRA G Phone No.
Address 3 GARDEN LN. KIRKWOOD. MO 63122-2636
Name .._.. ___..
Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include pennit numbers, permiltee, and issuing dales.
NIA
h. Signed consultant or agent authorization form, if applicable.
t. Weiland delineation, if rrecessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7: Certification and Permission to Enter on Land I
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the Information provided in this application is truthful to the best of my knowledge. RECEIVED
Data Jul 12, 2022 Print Name Marc scudder
Signature - SEP 01 2022
Please indicate application attachments pertaining to your proposed project. DCM-MHD CITY
ODCM MP-2 Excavation and Fill Information [1DCM MP-5 Bridges and Culverts
ODCM MP-3 Upland Development RECEIVED
X iDCM MP-4 Structures Information
AUK 12022
DCM WILMINGTON. NC
252.808-260a ;. 11-888.4RCOAST :: www.nccoastatmanagernent.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.
T. DOCKING FACILITY/MARINA CHARACTERISTICS
a. (1) Is the docking facility/marina:
❑Commercial ❑PublidGovernment X Pnvate/Community
c. (i) Docks) and/or pier(s)
(if) Number _
lift) Length
(iv) Width
(v) Floall ❑Yes ❑No
e. (i) Are Platforms included? ❑Yes ❑N
If yes:
01) Number _
(iu) Length
(w) Width _
(v) Fl. ng Dyes ❑No
No : Roofed areas are calculated from dripfine dimensions.
g. (I) Number of slips proposed
1
III) Number of slips existing
2
i. Check the proposed type of siting:
❑ Lard cut and access channel
❑Open water; dredging For basin and/or channel
?)(Open water; no dredging required
❑Otter: please describe:
22'
k. Typical boat length:
m. (i) Will the facility have tie pilings?
❑Yes XINc,
(it) If yes number of tie pilings?
NIA
El This section not applicable
b. (i) Will the facility be open to the general public?
❑Yes XINo
d. (i) Are Finger Piers Included?
If yes:
(it) Number 1
(ill) length /
[]Yes []NO
E (I) Are Boatiifts included? XYes ❑No
If yes:
(it) Number 1
(iu) Length 13_
(IV) Width 13_
It. 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
X Dockage ('Wet slips") only, number of slips: 3
❑ Dry storage; number of boats: _
❑ Boat mmp(s); number of boat ramps: _
❑ Other, please describe:
i. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
open runabout RECEIVED
SEP 01 2022
DCM-PAHD CITY
I. (1) Will the facility be open to the general publCic?/� ,1
❑Yes XINo RECEIVED
252-808-2806 :: 1-11893RCOAST n www.nccoastalmanaaement-net revised: 12127106

Z DOCKING FACILITY/NARINA OPERATIONS
X This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑ Office Toilets
❑ Toilets for patrons; Number _; Location:
❑ Showers
❑ Boatholding tank pumpout; Give type and location
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste, fish offal and bash.
d. How will overboard discharge of sewage from boats be cornro
e. (i) Give the location and number of No Sewage Di rge' signs proposed.
(ii) Give the location and number of'Pu ut Available' signs proposed,
f. Describe the special design, H a loable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
g. Where will residue from v ssel maintenance be disposed of?
h. Give the number o hannei markers and "No Wake" signs proposed. _
I. Give the locatio of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
j. What will the marina policy on overnight and live -aboard dockage?
IVED
k. Describe design measures that promote boat basin flushing?
SEP 01 2022
I. If this project is an expansion of an existing marina, what types of services are currently provided?
DCM-MHD CITY
RECEIVED
AUG i 2022
DCM WILMINGTON NC
282-888.2888 : 1.8884RCOAST :: jDiir coastaimarrasremant.net reWsed: 12127/88

Form DCM MP-4 (Structures, Page 3 of 4)
m. Is the marinaidocking facility proposed within a primary or =shellfish
area?
❑Yes ❑No
n. Is the marinaidocking facility proposed within or adjace esting area?
❑Yes ❑No
o. Is the marina/docking facility proposed wXn or adjacent to coastol wetlandstmarsh (CM, submerged aquatic vegetation (SAV), shell bottom
(88), or oher wetlands (WL)? if xes are checked, provide the number of square feet affected.
LIM DSAV ❑ss _
❑WL ❑No
p. Is the propose arinaidocking If
located within or within close proximity to any shellfish leases? ❑Yes ONO
If yes, giv a name and address of the leaseholder(s), and give the proximity to the lease.
13. BOATHOUSE (including covered lifts) X--'Fhis section not applicable
a. it) Is the boathouse structure(s):
[]commercial ❑Public/Govemment ❑Private/Comm roily
(it) Number _
Oil) Length _
IN) Width _
Note: Roofed areas are calculated from dripline dimensions.
�4. GROIN (e.g., wood, sheetpi/e, etc. If a rock groin, use MP-2, Excavation not Fill.) X This section not applicable
a. (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (e.g., wood, sheetpile, etc.) / n This section not applicable
a- Length b. Average distance from NHW, NWL, or wetlands
c. Maximum distance beyond NHW, NWL or wetlands
6. MOORING PILINGS and BUOYS XIThis section not applicable
a. Is the structure(s): b. Number
[]Commercial ❑PuWic/Govemment ❑Prwi /Community
c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.)
Note: This should be measured from edge, if present.
e. Arc of the swing
RECEIVED
AUG I ZOZZ
nf:M WILMINGTON, NC
252-808.2808 :: 4-88B.4RCOA" n www.nccoaetaimananOMPnt_net revised: 42127106

Force DGM MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities.
—12' and --4' (proposed boat lift is >35' from either riparian property line) —25' and —19'
Note: For buoy or mowing piBng, use arc of swing including length
of vessel.
c. Width of water body
87'
e. (i) Will navigational aids be required as a result of the project?
❑Yes X No ❑NA
(i) if yes, explain what type and tow they will be implemented.
N/A
d. Water depth at waterward end of structure NLW r NWL
-5.0' @ NLW
7.19.2022—10:10am.
18. OTHER El This section not applicable
a. Give complete descnption:
The applicant is proposing to add a 10,0001b (13'xl3') boat lift to his existing docking facility. The existing docking
facility includes three fixed platforms (6.5' x 6 (4' over water) , 10' x 30' , and 8' x 6') and two floating docks (8' x 24')
and (8' x 16'). The existing docking facility has 2 formalized slips and the proposed boat lift will increase that to 3
formalized slips. The property has approximately 100' of shoreline (existing bulkhead). At NLW the most waterward
depths of the docking facility are greater than -5.0 feet. The new boat lift landward pilings are proposed in -2.33 feet of
water at normal low water.
Jul 12, 2022
Date
Scudder Docking Facility
Project Name
Marc Scudder
Applicant Name
MM4 (ki�u,a)t:zw4U()
Applicant signature
mo
SEP 01 2022
DCM-MWD CITY
Cit:S�Li►'ly�J
DCM WILMINGTON, NC
Meceiva)
DCM W11MtNG7(iw4, tqC
252,608-2808 :: "88-41111COASi :: u+ww.nccoastalmanagamen#.ne4 revised: 12/27/06

ROY COOPER
covrmor
ELIZABETH S. BISER
Se nary
BRAXTON DAVIS
DImror
Ben Brink
P.O. Box 1661
Carolina Beach, NC 28428
Dear Mr. Brink:
NORTH CAROLINA
Envkonmenral Quality
August 30, 2022
The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Marc
Scudder, for State approval for development of the subject property located at 125 High Point Street, in Holden
Beach, Brunswick County. It was received as complete on August 11th, 2022 and appears to be adequate for
processing at this time. The projected deadline for making a decision is October 25, 2022, 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 August 11th 2022, 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 projeotdesignedconsultant.
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.
SiWe
G
Field Representative
cc: Cameron Luck, DCM
Kim Harding, DMF
WiRo
i
Greg Curry, USACE Holley Snider, DWR
Marc Scudder, Applicant Rhonda Whooten, LPO
RECEfkfe',�
SEP 01 2022
North Carolina Department ofE nvlronmentalQl,ality r Drvrslon of Coastal Management !-MHD ci-ry
WMINton office 1127 Canlitu?I Drive.Eaenslan I Wonangton.Nwh Carolina 2840E
410,746.7215

PROJECT:
N0Tl(01$1?,j
-A J lqq 1 =4 m!;;l_=
nt proposes to expand an
m a
m
Z canal adj. to the AlWW in Holden Deach,
Brunswick Count .
COMMENTS ACCEPTEITHROUGH September25, 2Q22
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Marc Michael and Tina Scudder
4501 Lewiston Oaks Ct. NC Div. of Constal Mallavellielit
Greensboro, NC 274lu 1127 Cardinal Dr. Ext.
Wil
Anent: CPG. LLC v
c/o Ben Brink
[phone]

0
NORTH CAROLINA
Ln�'7 ,'wwntd 3Uuah.
August 31, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Marc, Michael & Tina Scudder —Brunswick County
• John McClure— Brunswick County
• John Drish — New Hanover County
ROY COOPER
rin�rami�
ELIZABTH BISER
secretary
BRAXTON DAVIS
Dirrrcrroa, pi��ivlun i fClcwaat A#aixzGemem
Hello: Please publish the attached Notice in the Sunday, September 4, 2022 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 Tanya Media at the NC Division of Coastal
Management, 12 7 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter.
cc: MHC Files
Cameron Luck — MHC
USACE
& Customer Assistance
r�'-•,. OVED
SEP 01 2022
Start ofNonh Cantina I EnvimamenW Quality I Cwn lManagement DC�4i i.4"�tl CITi
127 Cardinal Drive Ext. Wilmington, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for development permits in Areas of Environmental
Concern as designated under the CAMA: On August 25 2022, Marc, Michael & Tina Scudder proposed to
expand an existing private docking facility from two (2) slips to three (3) slips at 125 High Point St, in a canal
adj. to the AIWW in Holden Beach, Brunswick County; On August 25, 2022, John McClure proposed to
expand an existing private docking facility from two (2) to three (3) slips at 1853 East Sea Aire Canal SW, adj.
to the AIWW in Supply, Brunswick County; And on August 30, 2022, John & Melanie Drish proposed to
expand an existing private docking facility from two (2) to three (3) slips at 5401 Efu•d Rd., adj. to Hewletts
Creek, in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the
office ofPatrickAmico (Brunswick County) or Bryan Hall (New Hanover County) N.C. Dept. of Environmental
Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone]
(Patrick Amico), [phone] (Bryan Halt) 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 September 25, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.
RECEIVED
SEP 01 7f1Z1
DCB„-f ;' t CITY

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit Marc Scudder
Mailing Address: 4501 Lewiston Oaks ct
Phone Number:
Email Address:
Greensboro nc 27410
336-7074261
aucudder(g)freight l logistics,corn
LLC
I certify that I have authorized CPG, ,
Agent! Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development:
at my property located at 125 Highpoint St.
in Brunswick
County.
docking facility (add boatlift to existing)
i furthermore certify that l am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
m�s
warz:xudper i+ul i2,zvzz s:aa enr,
Signature
Marc Scudder
Print or Type Name
Property Owner
7 i 7 l 2022
Date
This certification is valid through 7 I 7 l 2023
RECEIVED
SEP 01 2022
DCM-NIND CITY
AUG 12022
oc' 4a t.,u nx,� r rnM NC

7/18Y22, 9:37 AM
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Your item was delivered to an individual at the address at 12:18 pm on March 15, 2022 in SAINT LOUIS, MO 63122.
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SAINT LOUIS, MO 63122
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SAINT LOUIS, MO 63122
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SAINT LOUIS, MO 63122
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SAINT LOUIS, MO 63122
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SAINT LOUIS MO DISTRIBUTION CENTER
AUG 12022
DCM WILMINGTON, NO
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SEP 01 2022 RECEIVF
DCM-i%IHD CITY V'
DCM WILMINGTON, NC
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SAINT LOUIS MO DISTRIBUTION CENTER
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CHARLOTTE NC DISTRIBUTION CENTER
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OAK ISLAND, NC 28485
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SEP 01 2022
DCM-MHD CITY
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AUG 12022
DCM WILMINGTON, NC
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Your item was picked up at the post office at 11:40 am on March 21, 2022 In SUPPLY, NO 28462.
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Match 21, 2022,11:40 am
Delivered, Individual Picked Up at Post Office
SUPPLY, NO 28462
Your item was picked up at the post office at 11:40 am on March 21, 2022 in SUPPLY, NO 28462.
March 17, 2022
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SEP 01 2022
DCM-MHD CITY
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OAK ISLAND, NC 28465
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RECEIVED RECEIVED
SEP 01 2022 AUG 1 20Pn,
DCM-1,ii-ID CITY DCM WILM1WTonl Nc
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Location Map: 125 High Point St. (Holden Beach —Brunswick)
Scudder Docking Facility
RECEIVED
SEP 01 nn
57 min (43.2 miles)
via U&3 ] StOcean Hwy E
Fattest route nowdue W ear6c canon uis
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Wtirnington,. NC 25445
> Folbw N Cardinal Dr/Cardinal or Exn to Mmkat St
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17 SW Stone Chaney Rd SE m Brunswick CowRy
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> Continua on Stone Chimney Rd SE. Drive to High
Pant St in HoWan Beach
16 mm (10.1 �
125 High Point St
tmlden Beach, NC 2802 RECEIVED
AUG 12022
DCM WILMINGTON, N(
Y

6113122, 1:18 PM
Appmisal Card
• Y3 2022 I:1R:36 PN
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RECEIVED
SEP 01 2022
DCM-MHD CITY
AUG 12022
DCM WILMINGTON. NC
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6113122, 1,17 PM
Appraisal Card
ALL PRENZENE PROPERTIES LLC
6 18 20221:1E:24 PN
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SEP 01 2022
DCM-;u9;-4,0 CITY
DCM WILMING;TON, NC
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DEED OF TRUST
This Instrument Prepared By:
United Wholesale Mortgage, LLC
585 South Boulevard E
Pontiac, MI 48341
[phone]
After Recording Return To:
UNITED WHOLESALE MORTGAGE, LLC
585 SOUTH BOULEVARD E
PONTIAC, MI 48341
ATTN: POST CLOSING MANAGER
Loan Number: 1221982680
MIN: 100032412219826804
DEFINITIONS
MERS Phone: 661
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11.
13, 18, 20 and 21, Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated OCTOBER 8, 2021 , together
with all Riders to this document.
(B) "Borrower" is Michael Scudder, A Single Man, and Marc John Scudder and Tina LaRosa
Scudder, Husband and Wife, As Tenancy by the Entirety
Borrower is the truster under this Security Instrument.
(C) "Lender" is United Wholesale Mortgage, LLC
Lender is a LIMITED LIABILITY COMPANY organized
and existing under the laws of MICHIGAN E GAO C D
Lender's address is 585 South Boulevard E, Pontiac, Michigan 48341
(C-1) The name of the Mortgage Broker is Doll In Home Loans LLC SE P 01 2022
NORTH CAROUNA - Single Family - Fannie Mae/Fredela Mac UMFORM INSTRUMENT - MER6
Form 3034 1101 Page 1 of 14
DCM �,MHD CITY
tI )
I ��i'i�r•?f 7 41�a�tY1r�J,'��5'I� h / ti i . �

(D) "Trustee"is THE CAUDLE LAW FIRM, P.A.
5950 FAIRVIEW RD., SUITE 619, CHARLOTTE, NORTH CAROLINA 28210
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns, MERS is the beneficiary under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number
of P.O. Box 2026, Filar, Mt 48501-2026, tol. (988) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated OCTOBER 8, 2021
The Note states that Borrower owes Lender FIVE HUNDRED FORTY-EIGHT THOUSAND AND 00/100
Dollars (U.S. $548,000.00 ) Plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later then
NOVEMBER 1, 2051
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(H) "Loan" meansthe debt evidenced by the Note, phis interest, any prepayment charges and late charges due under
the Note, and all sums due under this Security Instrument, plus interest.
(1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable):
❑
Adjustable Rate Rider
❑
Planned Unit Development Rider
❑
Balloon Rider
❑
Biweekly Payment Rider
®
1-4 Family Rider
❑
Second Helm Rider
❑
Condominium Rider
❑
Other(s) [specify)
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial
opinions.
(IQ "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that are imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape ro as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(M) "Escrow Items" means those items that are described in Section 3.
(N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
thud party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iih) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender 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 (h) any amounts under Section 3 of this Security Instrument.
(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing
regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from time to time, or any additional or
successor legislation or regulation that governs the same subject matter. As used in this Security Instrument,
RECEIVED
SEP 01 2022
DCh1-rAHD CIT
NORT 03AROUNA - W49 Famay - Fannie Maelfreddle Mac UNIFORM INSTRUMENT - MERS ft" IVED
FennPage 2 of 14 AQII n ao-hm�
AUG 12022

"RESPA" refers to all requirements and restrictions that are imposed in regard to a "fodemily related mortgage loan"
even if the Loan does not quatify as a "federally related mortgage loan" undo RESPA.
(R) "Successor in Interest of Borrower" means any party that has taken tide to the property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
The beneficiary of this Security Instrument is MERS (solely as nominee for Leader and Lender's successors and
assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repayment of
the Loan, and all renewals, extensions and modifications of the Nate; and (u) the performance of Borrower'scoveosnts
and agreements render this Security htsmunent and the Note. For this purpose, Borrower irrevocably grants and conveys
to Trustee and Trustee's successors and assigns, in trust, with power of sale, the following described property located in the
COUNTY of BRUNSWICK
hype of Recording larA=onl ,
See Attached !Name of Raording Jmiadiction]
A.P.N.: Parcel 232PGO30
which curently has the address of 125 Highpoint St.
ISncctl
Holden Beach North Carolina 28462 ("Property Address"):
Ill (zip Cody
TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together
with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and futures
now or hereafter a part of the property. All replacements and additions shall also be covered by this Security
Instrument. All of the foregoing is referred to in this Security lnstrwnent as the "Property." Borrower understands
and agrees that MERS holds only legal title to the interests granted by Borrower m this Security Instrument, but, if
necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the
right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the
Property; and to take any action required of Leader including, but not limited to, releasing and canceling this Security
Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right
to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record.
Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any
encumbrances of record.
THIS SECURITY INSTRUMENT combines uniformeovmants for national use and non -uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
NORTH CAROLINA -Single Famlyr - Fannle Mae/Freddb Mac UNIFORM INSTRUMENT - MERS
Form 3034 1101 Page 3 of 14 0auraa+e�
SEP 01 2022
OCM-rJ-'V1D Cl-
AUG

UNIFORM COVENANTS. Borrower and Lender 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, the debt evidenced by the Note and any prepayment charges and
late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments
due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in
one or more of the following forms, as selectedby leader: (a) cash; (b) money order; (c) certified check, bank check,
treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured
by a federat agency, instrumentality, or entity; or (it) Electronic Funds Transfer.
Payments are deemed received by Leader 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 I5. Lender may return
any payment or partial payment if the payment or partial payments ate insufficient to bring the Loan current. If
Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the
obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment
insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such
payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such
payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay
interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the
Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing
the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second
to any other anotmts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower fnr a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may
be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then
as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note
shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Fonds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the
Note, until the Note is paidin full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as alien or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage insurance premiums, if any, or any sums payable by Borrower
to Leader in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.
These items arecalled "Escrow Items." At origination or at any time during the term of the Loan, Lender may require
that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid
under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's
obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Leader
trot Pap y
+ 1
li lli ti � tiJ , fill•: �li�
RECO v`ED
AUG 12022

Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver,
Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Leader and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase
"covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to
a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section
9 and pay such amount and Borrower shall then be obligated 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
15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required
under this Section 3.
Leader may, at any time, collect and hold Funds in ae amount (a) sufficient to permit Lender to apply the Funds
at the time specified under RESPA., and (b) not to exceed the maximum amount a lender can require under RESPA.
Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures
of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumeandity, or
entity (including Lender, if Lender is an institution whose deposits are w insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow items an later than the time specified under RESPA. Leader
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Fund&. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Leader shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, lender shall account to Borrower for
the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA,
Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make
up the shortage in accordance with RESPA, but in no more rhea 12 monthly payments. If time is a deficiency of
Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower
shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than
12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lendershall promptly refund to Borrower
any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:
(a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but Duly
so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against
enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien
while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder
of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender
determines that my part of the Property is subject to a lien which can attain priority over this Security Instrument,
Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,
Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting servi4�E P
used by Lender in connection with this Loan.
NORTH CAROLINA - Single Family - Fannie
Form 3034 V01
Pepe 5 of
�rt1rh �� t r �7 rii� y, r
�= 1VED
012022
I)CM-MHD CITY
AUG 12022

S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against lass by fire, hazards included within the term "extended coverage," and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (mcl uding deductible levels) and for the periods that Lender requites. What Lander
requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing
the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall
not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a ono-
time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone
determination and certification services and subsequent charges each time remappings or similar changes occur which
reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of
any fees imposed by the 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, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense. Leader is under no obligation to purchase any particular We 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 risk, haurd or liability and might provide greater
or lesser coverage thanwas previously in effect. Borrower acknowledges that the cost of the 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 interest at the Note rate from the date of disbursement and shall be payable, with such interest,
upon notice hum Leader 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. Lawler shall have the right to hold the policies and renewal certificates, If Leader requires,
Borrower shall promptly give to Lender all receipts of paid pramiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make
proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
ght to hold such insurance proceeds anti! Lender
Daring such repair and restoration period, Lender shall have the ri
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 disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement
is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shad 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.
If the restoration or repair is not economically feasible or Lender's security would be lessened, the insureaceproceeds
shall be applied to the sums secured by tails Security Instrument, whether or not then due, with the excess, if any, paid
to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 3D-day period will begin when the
notice is given. In either event, or if Lender 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 instrument, and (b) any other of Borrower's rights (other than the right to any refund
of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
RECi=1VED
SEP 01 2022
DCIt4-1,gHD CITY
NORTH t:AROLINA - Singh Famay • Fannle MaelFreddiPa�M 6 fWFORM INSTRUMENT - MERS ED
Form 3034 tJ01 »ureoaorarrotratfwaam
AUG 12022

are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property Or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. -9aapancy. 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 date of occupancy, unless Lender otherwise agrees in writing, which
consent shall not be unreasonably withhold, or unless extemating circumstances exist which are beyond Borrower's
control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property, whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking
of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released
proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient
to repair or restore 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 entries upon and inspections of the Properly. If it has reasonable cause,
Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice et the time
of or prior to such an interior inspection specifying such reasonable cause,
8. Borrower's Loan Application. Borrowers be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borroweror with Borrower's knowledge w consent gave
materially fatse, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with
material information) in connection with the Loan. Material representations include, but are not limited to,
representations concerning Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. if (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a. legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument
(such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may
attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the
Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the
Property -earl 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, but are not limited to: (a) paying any sums
secured by a lien which has priority over this Security instrument; (b) appearimg in court; and (c) paying reasonable
attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured
position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water. from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities mined on or off. Although Lender may take action
under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking ay or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this
Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be
Payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground tease.
Borrower shall not, without the express written consent of Lender, alter or amend the ground lease, If Borrower
acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger
in writing.
NORTH UAROLOJA - Skpb Family - Fannle MaefFreddle Mac UNIFORM INSMMENT - MERS �'vt ' �'t } CITY
Four 3034 l/Ol Page 7 of 14 Oaaatsat°ED�ts�
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I MAINNN11) AVG 12022
DCM WILMiNGTON, NC

10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to snake separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the
Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage
Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent
Mortgage Insurance coverage is not available, Borrower shall contimu to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to bein effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage
Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full,
and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under
Applicable Law. Leader can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to
maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between
Borrower and Lender providing for such 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 certain losses it may incur
if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into
agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and
conditions that son satisfactory to the mortgage insurer and the other party (or patties) to these agreements. These
agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer
may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other
entity, 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 is often termed
'captive reimsurance." Further:
(a) Any such agreements win not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will 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
Insurance under the Homeowners Protection Act of 1488 or any other law. These rights may include the right
to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the
Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums
that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture, All Miscellaneous proceeds arehereby assigned to
and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair ofthe Property,
if the restoration or repair is economically feasible and Leader's security is not lessened. During such repair and
restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an
opportunity to inspect such Propmty to ensure the work has been completed to Lender's satisfaction, provided that
such inspection shag be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement
Form 3034 1101
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d ftir�f 1 t �7 r -
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J::P 01 2022
DCf0,'di, ~ID CITY
AUG 12022
DCM WILMINGTON, NC

or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable
Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any
interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is got economically feasible or
Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument, whether or not then dux, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall
be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be
applied to the sums secured by this Security lnstrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount
of the sums 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 be reduced
by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums
secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair 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 fair market value of
the Property immediately before the partial taking, destruction, or loss in value is teas 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 some are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as
defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to
Leader within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether
or not then due. "0pposiug Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property
or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate
as provided in Section 19, by causing the action or proceeding to he 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 Security Instrument. The proceeds of any award or claim for damages that are attributable to the
impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the
order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest
of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower
or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security
Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any
forbearance by Larder in exercising any right or remedy including, without limitation, Lender's acceptance of
payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then
due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Suecesmrs and Assigns Bound. Borrower covenants and agrees
that Borrower's obligations and liability shall bejoint and several. However, any Borrowerwho co-signs this Security
Instrument but does not execute the Note (a "co-signer"): (a) is ou-sigming this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not
RECEIVED
SEP 01 2022
NORTH 3 1/0NA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MEtiS ^^-IVHD CITY
Form 3034 1101 Page 9 of 14 o
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IFIRGUMVIA11
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personally obligated to pay the sums secured by this Security instrument; and (c) agrees that Lender and any other
Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security
Instrument or the Note without the co-signer's consent. - -
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lander, shall obtain all of Borrower's rights
and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability
under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this
Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender.
14. Lo■u Charges. Lender may charge Borrower fees for servicesperformed in connection with Borrower's
default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,
including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard In any other fees, the
absence of express authority in this Security instrument to charge a specific fee to Borrower shall not be construed
as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security
Instrument or by Applicable Law.
If the Loan is subject to a Iew which sets maximum loan charges, and that law is finally interpreted so that the
interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits,
thin: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;
and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.
Lender may choose to make this refund by reducing the principal owed under the Note or by making a direcipayment
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 is provided for under the Note). Borrower's acceptance of
any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might
have arising out of such overcharge.
15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given
to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
means. Notice to any mus Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires
otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice
address by notice to Lender. Borrower shall promptly notify Leader 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 Instnunem
at any one time. Any notice to Leader shall be given by delivering it or by mailing it by fist class mail to Lender's
address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection
with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender.
If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law
requirement will satisfy the corresponding requirement under this Security instrument.
16. Governing Law; Severabllity; Rules of Construction. This Security Instrument shall be governed by
federal law and the law of the jnrisdiction 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 other provisions of this Security
Instrument or the Note which can be given effect without the conflicting prevision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding
neater words or words of the feminine gender; (b) words in the singular shay mean and include the plural and vice
versa; 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.
18. Transfer of the Property or a Beneficial 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
NORTH CAROLINA - Single Family - Fannie MWFreddie Mae UNIFORM INSTRUMENT - MERS
Form 3034 1/01 Peas t0 of 14 mr,00r lnln
RECEIVED
1 1!}Y1Att{f } 51 t, AUG

interests transferred in a bond for deed, contract for deed, installment sates contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a fatere date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (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 Lender exercises this option, Leader shall give Borrower notice of acceleration. The notice shall provide a
period of not less it= 30 days from the date the notice is given in accordance with Section 15 within which Borrower
must pay all sums secured by this Security Instrument. If Borrower fails 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 After Aceeleration. If Borrower meets certain 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 reinstate; or (c) entry of a
judgment enforcing this Security Itwturneut. Those conditions are that Borrower: (a) pays Lender all sums which
then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default
of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including,
but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the
purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (it) 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.
Leader may require that Borrower pay such reinstatement suns and expenses in one or more of the following forms,
as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality
or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations
secured hereby shall remain frilly effective as if no acceleration had occurred, However, this right to reinstate shall
not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note
(together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might
result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note
and this Security Instrument and performs other mortgage loan servicing obligations wider the Note, this Security
Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale
of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will
state the name and address of the new Loan Servicer, the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter
the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arenot assumed
by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual
litigant or the member of a class) that arises from the other parry's actions pursuant to this Security Instrument or that
alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument,
until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements
of Section 1 S) of such alleged breach and afforded the other party hereto a reasonable period after die giving of such
notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action
can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of
acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given
to Borrower pursuant to Section 18 shall be deemed to satisfy the entice and opportunity to take corrective action EIVED
provisions of this Section 20.
SEP 01 2022
NORTH CAROUNA - Wigle Family - Fannie Mae/Fraddie Mac UNIFORM INSTRUMENT - MERS
Form 3034 1/01 page it of 14 m
-AD CITY
AUG 1
t itetrd,'f 1 r+

21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are these substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline; kerosene, other Returnable or tonic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Euviroutnental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection;
(e) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in
Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or
otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any hazardous Substances,
or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, 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, or release of a Hazardous Substance, creates a
condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the
presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized
to he appropriate to normal residential uses and to maintenance of the Property (including, but not limited to,
hazardous substances in consumer 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
limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any
condition tamed by the presence, use or release of a Hazardous Substance which adversely affects the value ofthe
Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that
any removal or other remedialion of any hazardous Substance affecting the Property is necessary, Borrower shall
promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any
obligation on Lender for an Environmental Cleanup.
NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under
Section 18 unless Applicable Law provides otherwise). The notice shall 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 must 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 sale of the Property. The
notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale.
If the default is not cured on or before the date specified in the notice, Lender at its option may require
immediate payment in full of all sums secured by this Security Instrument without further demand and may
invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to
collect all expenses incurred In pursuing the remedies provided in this Section 22, including, but not limited to,
reasonable attorneys' fees and costs of tide evidence.
H Lender invokes the power of aide, and if it is determined in a hearing held In accordance with Applicable
Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such
notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable
Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property
at public auction to ore highest bidder at the time and place and under the terms designated in the notice of sale .T
in one or more parcels and In any order Trustee determines. Lender or its designee may purchase the Property " EC E I VE
at any sale.
Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or
warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth ;i [ P U 1 2022
OC6l+—fe�HL CITY
NORTH CAROUNA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS DoelNMe Ialv�"C'
Form 3034 1/01 Pape 12 of 14 .,,.srsra im
j�j AUG 1 2422
INVAF� II N11 DCM WILMINGTON, NO

of the statements made therein. Trustee shall apply the proceeds of the sale In the following order: (a) to all
expenses of the sale, including, but not limited to, Trustee's fees of 5.000 % of the gross sale price;
(b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled
to it. The interest rate act forth to 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 Security Instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured
by this Security Instrumeat shall be surrendered to Trustee. Borrower shall pay any recordation costs. Leader may
charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging of the fee is permitted under Applicable Law,
24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any
Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded.
Without conveyance of the Property, the successor trustee shalt succeed to all the title, power and duties conferred
upon Trustee herein and by Applicable Law.
25. Attorneys' Fees. Attorneys' fees must be reasonable.
BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Security Instrument and in any Rider executed by Borrower and recorded with it.
Michael Scudder -Borrower Marc John Scudder
Tina LaRosa Scudder -Borrower
-Borrower
RECEIVED
SEP 01 202i
DC%7-,tPjI-ID CITY
NORTH CARMNA - Single Family - Fannie Mao/Freddle Mac UNIFORM INSTRUMENT - MERS �/��
Form 3034 Voi Pane 13 of U ,m,,,,o,,,,,.,a,o„�o
AU6 12022

(Space Beim This Line For Acknowledgmwil
NORTH CAROLINA
BRUNSWICK County.
1,
do hereby certify that
(mme ornotatuing official wad his official title)
Michael Scudder AND Marc John Scudder AND Tina LaRosa Scudder
(here give the name of the mdividmi whom ackmwhdgnuut is being taken)
personally appeared before me this day and acknowledged the due execution of the foregoing instrument
(or attached document _ _ l
(dnmphoa of docunwN)
Witness my hand and (where an official seal is required by taw) official seal this the
day of (month/year)-
(Official Signature of Notary)
(Notary's printed or typed name)
My commission expires:
(Official Scal)
Notary Public
RECEIVED
LFoan 8��� knattor:f anf JttmespL ee,F1NMLSLR ID tCgC2 �pp7�,,tL R �p 1 5 gg8 SEP 01 2021
Coen Oii �na o� Or an ton: UNITE6 ! OL ABLE ORTGAGE, L 44NMLSR ID 3038
..' ) CITY
NORTH CAROLINA - Single Family - Fannie Mae/Froddio Mae UNIFORM INSTRUMENT - MERS 00oMa9fa aftiats
1" 3034 1101 mxmaaeorr tntsa�om
Page 14 of 14 RECEIVED
DCM WILMINGTON,

ROY COOPER
Governor
ELIZABETH S. BISER
Secretory
BRAXTON DAVIS
Director
August 31, 2022
MEMORANDUM.
NORTH CAROLINA
khvkonmental Quoltty
FROM Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax. [phone] (Courier 11-12-09)
cameron.luckCgINCDENR.gov
SUBJECTCAMA
Applicant: Marc, Michael and Tina Scudder
Project Location: 125 High Point Street, canal adj. to AIWW in Holden Beach, Brunswick County.
Proposed Project: The applicant proposes to expand an existing docking facility with the
construction of a new boat lift, increasing from two (2) to three (3) proposed slips
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by September 25, 2022. If you have any
questions regarding the proposed project, contact Patrick Amico at [phone] when appropriate, in-
depth comments with supporting data is requested.
REPLY:
PRINT NAM
AGENCY
SIGNATURE
This agency has no objection to the project as proposed.
**Additional comments may be attached**
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.
R2-CC"V17-D
P q 1 20??
DC .:-:',,') CITY
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 2a405
910.796.7215

NC Division of Coastal Management
Major permit Application Computer Sheet
AEC
Fee: $ U?0 # QJIM 91
CDAITS __ MHC cc _
Applicant..7(-u
Agent/Contractor CY8 L G C
Project Site County, it !_
Staff: District: Wilmington
Project Name: CAI 5 Rover File n/a River Basin: �-
Initial date of application submittal: 4W, 2 -
Date application "received as complete" in the Field office.
SITE DESCRIPTION/PERMIT INFORMATION
Critical Habitat: UYes (ENO UNot Sure
15 foot waiver obtained LJYeS L!1NO
SAV: []Yes No ONot Sure
Shell Bottom: ❑Yes No U Nat
Sure
___
Sandbags: []Yes QNo � Not Sure
_
Did the land use clas ication come
L Yes ❑No
from cojNo
Moratorium C ditions: ^
Environtat
Assessment Done:
UYes
UNA
[]Yes No ❑NA
Shellfish Area De nation:
Project Description: (code)
Open -or- ose
SECONDARY WATER CLASSIFICATION -OPTIONAL (choose MAX of 4) ' zr -
❑ Future Water Supply (FWS)
rn Nutrient Sensitive Waters (NSW)
-- - --
�U High Quafity Waters (HQW)
-_ -
❑Outstanding Resource Waters (ORW)
WETLANDS IMPACTED eL yV_
L-j (CJ) Saw grass (Cladiur
❑ (DS) Salt or spike grass
spicata)
O (JR) Black needlerush
roemerianus)
APPLICATION FEE
Returned:
Temporary
Length of Shoreline:
if VD FT.
Development Area: (code)
(LS) Sea lavender (Limonium sp) U (SS) Glasswort (Salicornia
U (SA) Salt marsh cordgrass (Spanina I ❑ (SY) Salt reed grass (Spare
alterniflora) cynosuroides)
❑ (SC) Sulirush or three square (Scirpus ❑ (T� Cattail J pha sp.)
sp.)
-- -- _
(SP) Salt/meadow .grass (SpaRina
1-0 - --
No fee required - $0.00
- - ---
III(A) Private w/ D&F up to 1 acre; 3490
❑ III(D) Priv- public or comm w/ D&F to 1
can be applied - $250
acre; 4144 can't be applied - $400
[] Minor Modification to a CAMA Major tU Major Modification to a CAM Major
U IV Any development involving D&F of
permit - $100
,(❑
permit - $250
more than 1 acre - $475
Permit Transfer - $100
❑ ill(B)Public or commercial wi D&F to 1
❑Express Permit - $2000
acre; 4144 can be applied - $400
❑ Major development extension request - II. Public or commercial/no dredge
®- -
$100
and/or fill - $400
El I. Private no dredge and/or fill
- $250 ❑ Ill(C) Priv. public or Comm w /D&F to 1
acre 4144 can be applied; DCM needs
i
DWQagreement -$400

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Major Permit Fee Schedule
Project Name Se����s County:
off.` A
Check N Amount: Z_RI
j
VC � e
Development Type
Fee
DCM %
DWQ %
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
$250
100% {$250)
0% ($0)
excavation of any wetlands or
open water areas:
il. Public or commercial development that
does not involve the filling or excavation
$400
100% ($400)
0% ($0)
of any wetlands or open water areas'
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B, C, or D below applies.
III(A). Private, non-commercial
development, if General Water Quality
$250
100% ($250)
0%I ($0)
Certification No 4175 can be applied.
III(B). Public or commercial development,
if General Water Quality Certification
$400
100% ($400)
0% ($0)
No. 4175 can be applied.
III(C). If General Water Quality
Cedihcation No. 4175 could be applied,
but DCM staff determined that additional
$400
60% ($240)
40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
I n(D). If General Water Quality
$400
60%{$240)
40%($160)
Certification No. 4175 cannot be applied.
IV. Development that involves the filling
and/or excavation of more than one acre
$475
60% ($265)
40% ($190)
of wetlands and/or open water areas:

0
tNn
V_
{Vri dy width: 87'
14Widd,22'
Page 1 of 3
Top View (Existing Structures)
Scudder Docking Facility
Scale 1:30
July 20, 2022
CANAL (Flood -- Ebb)
Ap„ti rs
a.
Floating-- B'x—
gqW Bul'U vat Cxiseny
6,1'x6'meh i'.r. mn I(v"ot Snordine
v
m
m
-o
m
!�
n
m
v
n
o
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N
v
�
125 High Point
(SCUDDER)
Appmx WC
.. ......._._._. 1 4 width tl canal..
"ca
1
9$
fosses. tvet!x?s cm.vl
lvot—d
i
g
127 High Point
�3
(FULTON)
RECEIVED
fti►
AU6112022
DCM WILMINGTON, NC

\
§
Il
RECEIVED
me0la»
DCM- NIHD CITY
tl,400 o � 6

m
-pool$)
u

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT

Action Id. SAW-2022-01839 County: Brunswick County U.S.G.S. Quad: Holden Beach

GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION

Permittee: Marc Scudder

Address: 4501 Lewiston Oaks Court
Greensboro, NC 27410

Size (acres) Nearest Town Holden Beach

Nearest Waterway Intracoastal Waterway River Basin Lower Pee Dee

USGS HUC 03040208 Coordinates Latitude: 33.914055; Longitude: -78.289757

Location description: The boat lift will be placed in a Holden Beach canal connected to the
AIWW at 125 High Point Street, Holden Beach, Brunswick County, North Carolina.

Description of project area and activity: The proposal is to expand an existing docking facility
with the construction of a new boat lift, increasing from two (2) slips to three (3) slips. The
applicant is proposing to construct a new boat lift (13 feet by 13 feet) in between the
southernmost existing floating dock and the northernmost existing fixed platform. The boat
lift will incorporate an additional 169 square feet of Estuarine Waters of the US.

Applicable Law: Section 404 (Clean Water Act, 33 USC 1344);
Section 10 (Rivers and Harbors Act, 33 USC 403)

Authorization: Regional General Permit Number: 197800056

Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service’s Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdf.

SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS

Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated July 20, 2022. Any violation of the attached conditions or
deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.

This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities

which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit’s
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.

Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.

For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.

If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at [phone] or
[e-mail].

Corps Regulatory Official: ___________________________ Date: December 8, 2022
Expiration Date of Verification: December 31, 2026

The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/

Copies furnished by email:

Ben Brink (Coastal Permit Guy)
Patrick Amico (NC DCM)
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2022-01839 County: Brunswick County

Permittee: Marc Scudder

Project Name: 125 High Point Street_Scudder Docking Facility

Date Verification Issued: December 8, 2022

Project Manager: Gregory Currey

Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:

US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey

Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.

I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.

_______________________________________ ______________________
Signature of Permittee Date
DEPARTMENT OF THE ARMY
Wilmington District, Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
http://www.saw.usace.army.mil/Missions/RegulatoryPermitProgram.aspx
General Permit No. 197800056
Name of Permittee: General Public
Effective Date: January 1, 2022
Expiration Date: December 31, 2026
DEPARTMENT OF THE ARMY
REGIONAL GENERAL PERMIT (RGP)
A RGP to perform work in or affecting navigable waters of the U.S. and waters of the
U.S., 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 Engineer
U.S. Army Engineer District, Wilmington
Corps of Engineers
69 Darlington A venue
Wilmington, North Carolina 28403-1343
TO MAINTAIN, REPAIR, CONSTRUCT AND INSTALL PIERS, DOCKS,
BOATHOUSES AND BOAT SHELTERS, PILINGS, MOORING BOUYS,
DOLPHINS, JETTIES, GROINS, AND BREAKWATER STRUCTURES IN
NAVIGABLE WATERS OF THE U.S. IN THE STATE OF NORTH CAROLINA.
Projects must be constructed in conformance with the following standards in order to be
authorized by this RGP.
1. All piers, docks, boathouses, and boat shelters will be pile-supported or
floating structures.
2. Pilings, 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 dredging or excavation, or the discharge of dredged,
excavated, or fill material within waters of the U.S., except for the placement of
structures for jetty, breakwater, or groin construction. This RGP does not authorize any
work on Atlantic Ocean beaches.
The following definitions will be used for purposes of this 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 latest setback criteria established by the
Wilmington District Engineer. You may review the setback policy at
http://www.saw.usace.army.mil/Missions/Navigation/Setbacks.aspx. This RGP does not
authorize the construction of hardened or permanently fixed structures within the
Federally Authorized Channel Setback, unless the activity is approved by the Corps. The
Permittee must submit the information described in General Condition "y" and obtain
approval from the Corps prior to the construction of any structures within the Federally
Authorized Channel Setback.
b. Floating structures installed within the Federally Authorized Channel Setback
must be designed to be removable. No utilities or infrastructure shall be permanently
fixed/attached to floating structures located within the Federally Authorized Channel
Setback. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Corps of Engineers (Corps) prior to the
construction of any structures within the Federally Authorized Channel Setback.
c. This RGP does not authorize construction across or into any natural or manmade
channel or waterbody in any manner that may adversely affect navigation by the general
public.
d. Piers, docks, boathouses, boat shelters and piles authorized by this RGP may be
extended or be located up to 400 feet waterward of the Mean High Water Mark
(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 waterbody,
whichever is closer to the shoreline, except as otherwise governed by the presence of a
Federally maintained channel.
e. 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.
f. 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 (excluding the pier) authorized by this RGP 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.
g. 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.
h. Boathouses, boatlifts, boat shelters and will not be constructed over Federally
jurisdictional wetlands.
i. 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.
j. Groins, jetties, or breakwater structures shall not be constructed in wetlands,
seagrasses, and other submerged aquatic vegetation.
k. Piers and docking facilities located over submerged aquatic vegetation may be
constructed without prior consultation from the National Marine Fisheries Service if the
following two conditions are met:
1) Water depth at the docking facility location is equal to or greater than two feet
at mean low water level: and
2) The pier and docking facility are located to minimize the area of submerged
aquatic vegetation under the structure.
1. Floating piers and docking facilities located over submerged aquatic vegetation
shall be allowed if the water depth between the bottom of the proposed structure and the
substrate is at least 18 inches at mean low water level.
m. Jetties will not extend farther than 100 feet waterward of the MHWM (tidal
areas), or the OHWM elevation contours.
n. This RGP does not authorize the installation of fueling facilities on authorized
structures.
o. Riprap groins shall not exceed a base width of 10 feet.
p. Riprap groins must be constructed of clean rock or masonry material and be of
sufficient size to prevent displacement by wave or current action.
q. No groin shall extend more than 25 feet waterward of the mean high water or
normal water level elevation contour.
r. Groins and jetties shall not be located within primary nursery areas.
s. No jetty shall be constructed during the period between April 1 and September 30
unless the activity is approved by NCDMF and the NMFS.
t. Floating structures will be supported by material that will not become
waterlogged or sink when punctured, will be installed to provide for fluctuations in water
elevation, will be designed so that the structure will not rest on the bottom of the
water body at any time, and will be secured in such manner as to not break away.
u. 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.
v. Breakwater structures may not be constructed so as to prohibit access to estuarine
waters or public trust areas.
w. It is possible that the authorized structure may be damaged by wave wash 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 US liable for any such damage.
x. This RGP does not authorize habitable structures or any structure or associated
facility for non-water related use.
y. Structures and their attendant utilities, authorized by this RGP, located on lands
subject to an easement in favor of the US 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 acting on behalf of the US, 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.
z. This RGP does not apply to structures within existing or proposed marinas as
defined by North Carolina Administrative Code, Title 15, Subchapter 7H.0208(b)(5).
aa. 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 of North Carolina's twenty coastal counties
or which could affect a coastal use or resource in any 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 RGP or any Corps approved modification to this
RGP, 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 RGP does not obviate the need to obtain other federal,
state, or local authorizations.
c. All work authorized by this RGP must comply with the terms and conditions of
the applicable Clean Water Act Section 401 Water Quality Certification for this RGP
issued by the North Carolina Division of Water Resources.
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 RGP must not interfere with the public's right to
free navigation on all navigable waters of the U.S. 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 US 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/her 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 US. No claim shall be made against the US on account of any such
removal or alteration.
g. The Permittee, upon receipt of a notice of revocation of the permit for the verified
individual activity, may apply for an individual permit, or will, without expense to the US
and in such time and manner as the Secretary of the Army or his/her authorized
representative may direct, restore the affected water of the US to its former conditions.
h. This RGP does not authorize any activity that would conflict with a federal
project's congressionally authorized purposes, established limitations or restrictions, or
limit an agency's ability to conduct necessary operation and maintenance functions. Per
Section 14 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 408), no
project that has the potential to take possession of or make use of for any purpose, or
build upon, alter, deface, destroy, move, injure, or obstruct a federally constructed work
or project, including, but not limited to, levees, dams, jetties, navigation channels, borrow
areas, dredged material disposal sites, flood control projects, etc., shall be permitted
unless the project has been reviewed and approved by the appropriate Corps approval
authority. The Permittee must submit the information described in General Condition "y"
and obtain approval from the Wilmington District Engineer prior to the initiation of any
activity that has the potential to modify or conflict with a federally authorized project.
i. The Permittee shall obtain a Consent to Cross Government Easement from the
Wilmington District's Land Use Coordinator prior to any crossing of the Corps easement
and/or prior to commencing construction of any structures, authorized dredging or other
work within the right-of-way of, or in proximity to, a federally designated disposal area.
The Land Use Coordinator may be contacted at: CESAW-OP-N, 69 Darlington Avenue,
Wilmington, North Carolina 28403-1343, email: SA [e-mail].
j. The Permittee will allow the Wilmington District Engineer or his/her
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.
k. This RGP does not grant any property rights or exclusive privileges.
1. This RGP does not authorize any injury to the property or rights of others.
m. This RGP does not authorize the interference with any existing or proposed
federal project.
n. In issuing this RGP, 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 US 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 RGP.
(4) Design or construction deficiencies associated with the permitted work
(5) Damage claims associated with any future modification, suspension, or
revocation of this RGP.
o. Authorization provided by this RGP 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
RGP 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 US Government.
p. No activity may occur in a component of the National Wild and Scenic River
System, or in a river officially designated by Congress as a "study river" for possible
inclusion in the system while the river is in an official study status, unless the appropriate
Federal agency with direct management responsibility for such river, has determined in
writing that the proposed activity will not adversely affect the Wild and Scenic
designation or study status. Information on Wild and Scenic Rivers may be obtained
from the appropriate Federal land management agency responsible for the designated
Wild and Scenic River or "study river" (e.g., National Park Service, U.S. Forest Service,
etc.)
q. This RGP does not authorize any activity within, or directly affecting, a marine
sanctuary established by the Secretary of Commerce under authority of Section 302 of
the Marine Protection, Research and Sanctuaries Act of 1972, unless the Permittee
provides the Corps with a certification from the Secretary of Commerce that the proposed
activity is consistent with the purposes of Title III of the Marine Protection, Research and
Sanctuaries Act. Information on marine sanctuaries may be obtained at
http://sanctuaries.noaa.gov/#MN. Permittees may not begin work until they provide the
Corps with a written certification from the Department of Commerce.
r. In cases where the Wilmington District Engineer determines that the activity may
affect properties listed, or eligible for listing, in the National Register of Historic Places 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, the activity is not authorized, until the requirements of Section 106 of
the National Historic Preservation Act (NHPA) have been satisfied. Permittees must submit
the information described in General Condition "y" to the Corps if any properties subject
to the above criteria may be affected by the proposed project. The Permittee may not
begin work until notified by the Corps that the requirements of the NHP A have been
satisfied and that the activity is authorized.
s. If you discover any previously unknown historic, cultural or archeological
remains and artifacts while accomplishing the activity authorized by this permit, you
must immediately notify the Wilmington District Engineer of what you have found, and
to the maximum extent practicable, avoid construction activities that may affect the
remains and artifacts until the required coordination has been completed. The
Wilmington District Engineer will initiate the Federal, tribal, and state coordination
required to determine if the items or remains warrant a recovery effort or if the site is
eligible for listing in the National Register of Historic Places.
t. No activity is authorized under this RGP which is likely to directly or indirectly
jeopardize the continued existence of a threatened or endangered species or a species
proposed for such designation, as identified under the Federal Endangered Species Act
(ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of
such species. No activity is authorized under any RGP which "may affect" a listed species or
critical habitat, unless Section 7 consultation addressing the effects of the proposed activity
has been completed*. Information on threatened and endangered species and their critical
habitat can be obtained directly from the Corps field offices, the USFWS field offices or
at the following web addresses: http://www.fws.gov/ or http://www.fws.gov/ipac/ or
http://www.noaa.gov/fisheries.html. Permittees must submit the information described in
General Condition "y" to the Corps if any listed species or designated critical habitat may
be affected by the proposed project. Permittees may not begin work until notified by the
Wilmington District Engineer that the requirements of the ESA have been satisfied and
that the activity is authorized.
*Note -Section 7 consultation has been completed for the West Indian Manatee and
if the activity may affect the manatee, the Permittee does not have to submit the
information in General Condition "y" to the District Engineer as long the Permittee
complies with General Condition "u". Section 7 consultation has been completed for the
Northern long-eared bat and the Permittee must submit the information described in
General Condition "y" to the District Engineer prior to commencing the activity if the
project meets the criteria in General Condition "v".
u. In order to further protect the endangered West Indian Manatee (Trichechus
manatus), the Permittee must implement the USFWS' Manatee Guidelines, and strictly
adhere to all requirements therein. The guidelines can be found at
https://www.fws.gov/raleigh/pdfs/ManateeGuidelines201 7 .pdf.
v. The Wilmington District, U.S. Army Corps of Engineers (Corps) has consulted
with the US Fish and Wildlife Service (Service) in regard to the threatened Northern
long-eared bat (NLEB) (Myotis septentrionalis) and Standard Local Operating
Procedures for Endangered Species (SLOPES) have been approved by the Corps and the
Service. This condition concerns effects to the NLEB only and does not address effects to
other federally listed species and/or to federally-designated critical habitat.
A. Procedures when the Corps is the lead federal* agency for a project:
The Permittee must comply with (1) and (2) below when:
• The project is located in the western 41 counties of North Carolina, to
include non-federal aid North Carolina Department of Transportation
(NCDOT) projects, OR;
• The project is located in the 59 eastern counties of North Carolina and is a
non-NCDOT project.
*Generally, if a project is located on private property or on non-federal land, and the
project is not being funded by a federal entity, the Corps will be the lead federal agency
due to the requirement to obtain Department of the Army authorization to impact waters
of the U.S. If the project is located on federal land, contact the Corps to determine the
lead federal agency.
(1) A Permittee using a RGP must check to see if their project is located in the
range of the NLEB by using the following website:
http ://www.fws.gov/midwest/ endangered/mammals/nleb/pdf/WNSZone.pdf. If the
project is within the range of the NLEB, or if the project includes percussive
activities (e.g., blasting, pile driving, etc.), the Permittee is then required to check
the appropriate website in the paragraph below to discover if their project:
• Is located in a 12-digit Hydrologic Unit Code area ("red HUC" -shown as
red areas on the map), AND/OR;
• Involves percussive activities within 0.25 mile of a red HUC.
Red HUC maps -for the western 41 counties in NC (covered by the Asheville Ecological
Services Field Office), check the project location against the electronic maps found at:
http://www.fws.gov/asheville/htmls/project review/NLEB in WNC.html. For the
eastern 59 counties in NC (covered by the Raleigh Ecological Services Field Office),
check the project location against the electronic maps found at:
https://www.fws.gov/raleigh/NLEB RFO.html.
(2) A Permittee must submit a pre-construction notification (PCN) to the district
engineer, and receive written authorization from the district engineer, prior to
commencing the activity, if the activity will involve either of the following:
• Tree clearing/removal, construction/installation of wind turbines in a red
HUC, AND/OR;
• Bridge removal or maintenance, unless the bridge has been inspected
and there is no evidence of bat use, ( applies anywhere in the range of the
NLEB), AND/OR:
• Percussive activities in a red HUC, or within 0.25 mile of a red HUC.
The Permittee may proceed with the activity without submitting a PCN to either
the Corps or the USFWS, provided the activity complies with all applicable RGP
terms and general and special conditions, and if the Permittee's review under A.(l)
and A.(2) above shows that the project is:
• Located outside of a red HUC (and there are no percussive activities),
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located outside of a red HUC and there are percussive activities, but the
percussive activities will not occur within 0.25-mile of a red HUC boundary,
and the activity will NOT include bridge removal or maintenance, unless the
bridge has been inspected and there is no evidence of bat use, OR;
• Located in a red HUC, but the activity will NOT include tree
clearing/removal; construction/installation of wind turbines; bridge removal
or maintenance, unless the bridge has been inspected and there is no
evidence of bat use, and/or; any percussive activities.
B. Procedures when the Corps is not the lead federal agency:
For projects where another federal agency is the lead federal agency -if that other federal
agency has completed project-specific ESA Section 7(a)(2) consultation for the NLEB,
and has (1) determined that the project would not cause prohibited incidental take of the
NLEB, and (2) completed coordination/consultation that is required by the Service (per
the directions on the respective Service office's website), that project may proceed
without notification to either the Corps or the Service, provided all RGP general and
special conditions are met.
The NLEB SLOPES can be viewed on the Corps website at the following World Wide
Web Page: http://www.saw.usace.army.mil/Missions/Regulatory-Permit-
Program/Agency-Coordination/ESA/. Permittees who do not have internet access may
contact the Corps at [phone].
w. The Wilmington District, USFWS, NCDOT, and the FHW A have
conducted programmatic Section 7(a)(2) consultation for a number of federally listed
species and habitat, and programmatic consultation concerning other federally listed
species and/or habitat may occur in the future. The result of completed programmatic
consultation is a Programmatic Biological Opinion (PBO) issued by the USFWS. These
PBOs contain mandatory terms and conditions to implement the reasonable and prudent
measures that are associated with "incidental take" of whichever species or critical
habitat is covered by a specific PBO. Authorization under this RGP is conditional upon
the permittee's compliance with all the mandatory terms and conditions associated with
incidental take of the applicable PBO (or PBOs), which are incorporated by reference in
this RGP. Failure to comply with the terms and conditions associated with incidental take
of an applicable PBO, where a take of the federally listed species occurs, would
constitute an unauthorized take by the permittee, and would also constitute permittee
non-compliance with the authorization under this RGP. If the terms and conditions of a
specific PBO (or PBOs) apply to a project, the Corps will include this/these requirements
in any RGP verification that may be issued for a project. The USFWS is the appropriate
authority to determine compliance with the terms and conditions of its PBO, and with the
ESA. All PBOs can be found on our website at:
https://www.saw.usace.army.mil/Missions/Regulatory-Permit-Program/Agency-
Coordination/ESA/
x. If the Permittee discovers or observes any live, damaged, injured or dead
individual of an endangered or threatened species during construction, the Permittee shall
immediately notify the Wilmington District Engineer so that required coordination can be
initiated with the U.S. Fish and Wildlife Service and/or National Marine Fisheries
Service.
y. For activities that require approval from the Corps prior to initiating any work, the
Permittee must submit the following information to the appropriate Corps Regulatory
Field Office. You may apply online at https://edocs.deg.nc.gov/Forms/Pre-
Construction Notification Form.
1. Name, address, email and/or telephone number of the prospective Permittee.
2. Location of the proposed project, including waterbody, nearest community,
and county.
3. A detailed description of the proposed project, including applicable project
details such as width, height, length of structures or fills, piling span, distance
from the shoreline, type of materials, location of structure(s), and the amount
of proposed impact to waters and/or wetlands. The description must be
sufficiently detailed to allow the Wilmington District Engineer to determine
that the adverse effect of the project will be minimal and to determine the need
for compensatory mitigation. Project drawings must be provided when
necessary to show that the activity complies with the terms of the RGP.
(Drawings usually clarify the project and when provided results in a quicker
decision. Drawings must contain sufficient detail to provide an illustrative
description of the proposed activity (e.g., a conceptual plan), but do not need to
be detailed engineering plans).
z. 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 floodway that results in any increase in base flood elevations.
This RGP does not authorize any activity prohibited by the National Flood Insurance
Program.
aa. The Permittee must install and maintain, at his/her 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 Coast Guard
Sector North Carolina at [phone] or email Coast Guard Fifth District at
[e-mail].
bb. 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.
cc. At his sole discretion, any time during the processing cycle, the Wilmington
District Engineer may determine that this RGP 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.
dd. Except as authorized by this RGP or any Corps approved modification to this
RGP, 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.
ee. Except as authorized by this RGP or any Corps approved modification to this
RGP, all excavated material will be disposed of in approved upland disposal areas.
ff. Activities which have commenced (i.e., are under construction) or are under
contract to commence in reliance upon this RGP will remain authorized provided the
activity is completed within twelve months of the date of the RGP's expiration,
modification, or revocation. Activities completed under the authorization of this RGP
that were in effect at the time the activity was completed continue to be authorized by the
RGP.
BY AUTHORITY OF THE SECRETARY OF THE ARMY:
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co1one1, U.S. Army
District Commander
United States Department of the Interior
FISH AND WILDLIFE SERVICE
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726

GUIDELINES FOR AVOIDING IMPACTS TO THE WEST INDIAN MANATEE
Precautionary Measures for Construction Activities in North Carolina Waters
The West Indian manatee (Trichechus manatus), also known as the Florida manatee, is a Federally-listed
endangered aquatic mammal protected under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) and the Marine Mammal Protection Act of 1972, as amended (16 U.S.C 1461 et seq.). The
manatee is also listed as endangered under the North Carolina Endangered Species Act of 1987 (Article
25 of Chapter 113 of the General Statutes). The U.S. Fish and Wildlife Service (Service) is the lead
Federal agency responsible for the protection and recovery of the West Indian manatee under the
provisions of the Endangered Species Act.
Adult manatees average 10 feet long and weigh about 2,200 pounds, although some individuals have been
recorded at lengths greater than 13 feet and weighing as much as 3,500 pounds. Manatees are commonly
found in fresh, brackish, or marine water habitats, including shallow coastal bays, lagoons, estuaries, and
inland rivers of varying salinity extremes. Manatees spend much of their time underwater or partly
submerged, making them difficult to detect even in shallow water. While the manatee’s principal
stronghold in the United States is Florida, the species is considered a seasonal inhabitant of North
Carolina with most occurrences reported from June through October.
To protect manatees in North Carolina, the Service’s Raleigh Field Office has prepared precautionary
measures for general construction activities in waters used by the species. Implementation of these
measures will allow in-water projects which do not require blasting to proceed without adverse impacts to
manatees. In addition, inclusion of these guidelines as conservation measures in a Biological Assessment
or Biological Evaluation, or as part of the determination of impacts on the manatee in an environmental
document prepared pursuant to the National Environmental Policy Act, will expedite the Service’s review
of the document for the fulfillment of requirements under Section 7 of the Endangered Species Act.
These measures include:
1 The project manager and/or contractor will inform all personnel associated with the project that
manatees may be present in the project area, and the need to avoid any harm to these endangered
mammals. The project manager will ensure that all construction personnel know the general appearance
of the species and their habit of moving about completely or partially submerged in shallow water. All
construction personnel will be informed that they are responsible for observing water-related activities for
the presence of manatees.
2. The project manager and/or the contractor will advise all construction personnel that there are civil and
criminal penalties for harming, harassing, or killing manatees which are protected under the Marine
Mammal Protection Act and the Endangered Species Act.
2

3. If a manatee is seen within 100 yards of the active construction and/or dredging operation or vessel
movement, all appropriate precautions will be implemented to ensure protection of the manatee. These
precautions will include the immediate shutdown of moving equipment if a manatee comes within 50 feet
of the operational area of the equipment. Activities will not resume until the manatee has departed the
project area on its own volition (i.e., it may not be herded or harassed from the area).
4. Any collision with and/or injury to a manatee will be reported immediately. The report must be made
to the U.S. Fish and Wildlife Service (ph. 919-856-4520), the National Marine Fisheries Service (ph. 252-
728-8762), and the North Carolina Wildlife Resources Commission (ph. 252-448-1546).
5. A sign will be posted in all vessels associated with the project where it is clearly visible to the vessel
operator. The sign should state:
CAUTION: The endangered manatee may occur in these waters during the warmer months,
primarily from June through October. Idle speed is required if operating this vessel in shallow
water during these months. All equipment must be shut down if a manatee comes within 50 feet
of the vessel or operating equipment. A collision with and/or injury to the manatee must be
reported immediately to the U.S. Fish and Wildlife Service (919-856-4520), the National Marine
Fisheries Service (252-728-8762), and the North Carolina Wildlife Resources Commission (252-
448-1546).
6. The contractor will maintain a log detailing sightings, collisions, and/or injuries to manatees during
project activities. Upon completion of the action, the project manager will prepare a report which
summarizes all information on manatees encountered and submit the report to the Service’s Raleigh Field
Office.
7. All vessels associated with the construction project will operate at “no wake/idle” speeds at all times
while in water where the draft of the vessel provides less than a four foot clearance from the bottom. All
vessels will follow routes of deep water whenever possible.
8. If siltation barriers must be placed in shallow water, these barriers will be: (a) made of material in
which manatees cannot become entangled; (b) secured in a manner that they cannot break free and
entangle manatees; and, (c) regularly monitored to ensure that manatees have not become entangled.
Barriers will be placed in a manner to allow manatees entry to or exit from essential habitat.
Prepared by (rev. 02/2017):
U.S. Fish and Wildlife Service
Raleigh Field Office
Post Office Box 33726
Raleigh, North Carolina 27636-3726
919/856-4520
3

Figure 1. The whole body of the West Indian manatee may be visible in clear water; but in the dark and
muddy waters of coastal North Carolina, one normally sees only a small part of the head when the
manatee raises its nose to breathe.

Illustration used with the permission of the North Carolina State Museum of Natural Sciences.
Source: Clark, M. K. 1987. Endangered, Threatened, and Rare Fauna of North Carolina: Part I. A re-
evaluation of the mammals. Occasional Papers of the North Carolina Biological Survey 1987-3. North
Carolina State Museum of Natural Sciences. Raleigh, NC. pp. 52.