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HomeMy WebLinkAbout31-14 Newton, MarshallPermit Number 31-14 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 to Marshall M. Newton, 3056 Johnson Mill Road, Raeford, NC 28376 .izing development in Brunswick County at manmade canal and AIWW, 67 Laurinberg as requested in the permittee's application dated 1 /10/14 including the permit, issued on March 26, 2014 , is subject to compliance with the application (where consistent the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may bject to fines, imprisonment or civil action; or may cause the permit to be null and void. Bulkhead ` r) The authorized bulkhead shall adhere to the alignment depicted on the attached workplan drawings. ' 2) The bulkhead shall be constructed prior to any backfilling activities. The temporary placement or double handling of fill materials within waters or vegetated wetlands is not authorized. The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the structure. (See attached sheets for Additional Conditions) s permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or contihuance as the case may be. 4 i 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 %'�Braxton C. Davis, Director hereunder requires father Division approval. Division of Coastal Management '.All work must cease when the permit expires on This permit and its conditions are hereby accepted. December 31, 2017 1n issuing this permit, the State of North Carolina agrees' tba{ yoiu project is consistent with the North Carolina Coastal Management Program. ' ' -- Signature of Permittee Marshall M. Newton Permit #31-14 Page 2 of 3 ADDITIONAL CONDITIONS i r. 5 r All backfill material shall be clean and free of any pollutants except in trace quantities. 1; 6) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles, ' or other suitable materials approved by Division personnel. yc; 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. A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of completion of any phase of grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately landward of the bulkhead cap immediately following completion of backfrlling activities. ` Army Corps of Engineers Conditions 9) ... The applicant shall restore approximately 70 square feet of wetlands by removing a portion of a bulkhead, The area where the bulkhead will be removed shall be returned to a grade equal to that of the adjacent wetland/marsh. General --' IA) . The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions. caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, outside of the areas indicated on the attached workplan drawings. ?) . 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. The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. DTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. DTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. -NOTE Ji . 4 , :1 , . NOTE: M. Newton ADDITIONAL. CONDITIONS Permit #31-14 Page 3 of 3 The N.C. Division of Water Resources has authorized the proposed project under DWR Project No. 14-0051. The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW- 2014-00156. ON MP-1 APPLICATION for Major Development Permit Apr (last revised 12127/06) North Carolina DIVISION OF COARIV"AGEMENT Primary Applicant/Landowner/nformation ness Name F Project Name (if applicable) Applicant t: First Name bl�Y4ll MI Last Name V' Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 30SL JAwat'n ftim PO Box City '(ZA 6bizA State A/C - ZIP 093-71(lo Country USA Phone No. q10-Uv-014q ext. FAX No. Street Address (d different from above) City State ZIP Email uakan ncsu . edu. 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone Na 2 - - ext. FAX No. Contractor # Street Address (d different from above) City State ZIP Email RECEI DCM WILMIN <Form continues on back> D TON, NC DEC 2 02013 252.308-2808 :. 1.888.4RCOAST :. www.nccoastaimanagoment.net Form DCM NIP-1 (Page 2 of 4) APPLICATION for RECEWED Major Development Permit 3. Project Location JAN 16 2014 County (can be multiple) Street Address 5 7 State Rd. # w�GV- (I � vitl bto -C� 'N Subdivision Name City State Zip TcoCI\ I w - a 8y Phone No. Lot No. (a) (if many, attach additional page with list) ''11 �0 -60 - 01Mg ext. , a. In which NC rt ver basin is the project located? b. Name of body of water nearest to proposed project L I1fA c. Is the water body identified in (b) above, natural or manmade? ❑Natural Wanmade ❑Unknown d. Name the closest major water body to the proposed project site. u W e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Was ❑No work falls within. wou 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 50 0 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please attach additional page with a list) q it ;4NHW or ❑NWL e. Vegetation on tract d xm,vAc ormwS SGaPtn) C l (,>e�lcnds f. Man-made features eatu esand uses now on tract __� g. Identify and describe the existing land uses adjacent to the proposed project site. �ZGS 4'"±2�iO,l I I h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? ^1/� (Attach zoning compliance certificate, if applicable) ❑No ❑NA �-0 6A-%,j4` JqYes J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes )QJNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes o ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a []Yes bdNo ❑NA National Register listed or eligible property? r�r= cI VCV DCM WILMINGTON, NC <Form continues on next page> DEC 2 02013 252-808-2808 .. 1.888-4RCOAST .. www.nccoastal management. net Fonn DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit RECEIVED m. (i) Are there wetlands on the site? jAYes ❑No gar, i s ?r+� (ii) Are there coastal wetlands on the site? XYes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? TiCM-iy HDC('jY' ❑Yes DJo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. mu auk scwe sfskm o. Describe existing drinking water supply source. ` J Wa4c p. Describe existing storm water management or treatment systems. nl 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑PubliclGovemmenl Wrivate/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where H is to be stored. fill Axicivail•r "Y' on 5ik-c barak toe d. List all development activities you propose. iix,,),kWel to 0-\A9hanvV1r w% 4l A)kUl^lr C,',�,,il nw WW" e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? �Sq.Ft or ❑Acres S0 g.:2iC the is 000scd project encroach on any pubiic easement, pubiic accessway or other area ❑Yes Mo ❑14A that the public has established use of? In. Describe location and type of existing and and proposed discharges to waters of the state. ews ^ �to� I. Will wastewater or_stormwater be discharged into a wetland? ❑Yes J244o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No JIA j. Is there any mitigation proposed? ❑Yes 30o ❑NA If yes, attach a mitigation proposal. RECEIVED Bill ky, 11111W I ILYA I ILI ll <Form continues on back> - 252-808-2808 .. 1-8S8-4RCOAST .. v3w w.nc coastal management. net Form DCM MP-1 (Page 4 of 4) JAN 16 2014 APPLICATION for Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (Including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized Work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or locatlon map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to Dl f. A list of the names and complete addresses of the adjacent waterfront (riparian) landownersand signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the proposed project to the Division of Coastal Management. Name ICU I , Mr,43. taw Phone No. Acdress 571 Wijz &\IL fin- irk6w_�l6 a�3oa. Namo jul ` 1 �i] �� �1p I1�O Phone No. Address US- ZQW'8t1bW� � Ot/1n IN i�W� dVl'lla's Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit cumbers, perminee, and issuing dates. h. Signed consultant or agent authorization form, g applicable. i. Welland delimalion, g necessary. J. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by properly owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I understand that any permit issued In response to this application Will allow only tin, The project will be subject to the conditions and restrictions contained In the permit. the I nfli that 1 am a! dhrrized to grant, and do in fact grant permiss'.on 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. XDate " 10 " aC)1 `{ XPrint Name kl I I �61ignsture 4�//4 Please Indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development ❑DCM MP-4 Stnfctures Information RECEIVED RECEIVED DCM WILMINGTON, NC DCM WILMINGTON, NC DEC 202013 JAN 1 0 2014 252.008.2808 .. 1-088-4RCDAST ,. www.neeonatalmanapement.not u RECUM 4 Form DCM MP-2 JAN 10 2014 EXCAVATION and FILL (Except for bridges and culverts) DCM-WMCffY Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length Width r Avg. Existing NA NADepth Final Project NA NA Depth 11. EXCAVATION ($This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. c. (1) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. ..N c. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (it) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑None (ii) Describe the purpose of disposal in these areas: b. Type of material to be excavated. d. High -ground excavation in cubic yards. This section not applicable b. Dime(1,S",' A aria... � � J I a, W , � yofar".l.'i hY trt� d. (i) Will a disposal area be available for future maintenance? ❑Yes ❑No ❑NA (ii) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (ii) If yes, how much water area Is affected? RECEIVED DCM WILMINGTON, NC DEC 202013 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION [I This section not applicable (if development is a wood groin, use MP-4 — Structures) t a. Type of shoreline stabilization: b. Length: . 50 Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance watenvard of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfll AD Riprap _ Breakwater/Sill _ Other i. Source of fill material. C t' c � Width: V d. Maximum distance waterward of NHW or NWL: (i) Has there been shoreline erosion during preceding 12 months? Oyes XNo ❑NA (ii) If yes, slate amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES Whis section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes []No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the (ii) Amount of material to be placed in the water _ number of square feet affected. (iii) Dimensions of fill area ❑CW ❑SAV _ ❑SB (iv) Purpose of fill OWL []None (ii) Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Maflial l,s(Vl bQ, USed rxr►cd: l Q'nd ro G(Dlsfon will be dt,� Sc Couu- c. (i) Will navi a:io-lal aids be required as a result of the project? Oyes XNo ❑NA (ii) If yes, explain what type and how they will be implemented. Date d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes )Mo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Applicant Name Applicant Signature DOM MMINGTON, NID VED Project Name DEC 2 0 Z013 252.808.2808 :: 1-888-4RCOAST :: www.nccoastalmananement.net revised: 12/26/06 Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHORELINE STABILIZATION ❑This section not applicable (If development is a wood groin, use ii — Structures) t 1 A n I a. Type of shoreline stabilization'. b. Length: u euj� 0$8ulkhead ❑Riprap ❑Breakwater/Sill ❑Other: _ r Width: c Average distance waterward of NHW or NWIL d. Maximum distance watemard of NHW or NWL: DCU-MRDIcITY n� rr 6. Type of stabilization material: g. Number of square fegI of fill to be placed below water level Bulkhead beck811 jjW Riprep Breakwater/Sill— Other_ I. Source of fill material C w t.k� &4 f (1) Has there been shoreline erosion during preceding 12 months? ❑Yea XNo ❑NA (I) If yes, state amount of erosion and source of erosion amount Information. h. Type of fill material. '!r»-;i Sand 4. OTHER FILL ACTMTIES Xhis section not applicable (Excluding Shorefine Stabilization) a. (i) Will fill material be brought to the sde? Oyes ❑No DNA b. (i) WIII fill material be placed in coastal wellands/marsh (Cur), It yes submerged aquatic vegetation (SAV), shell bottom (SB), or (It) Amount of material to be placed in the water other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. (III) Dimensions of fill area _ ❑CW ❑SAV _ ❑SB (N) Purpose of fill OWL ❑None (ill Describe the purpose of the fill in these areas: 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e g., dragline, controlled7 backhoe, or hydraulic dredge)? tY tat win be., use mvr444M +Q��tlaara+l1 be dui _&uer _ C. (i) Will nav aural aids be required as a result of the project? d, (i) Will wetlands be crossed in transporting equipment to project ❑Yes NNo ❑NA site? Oyes Ao DNA (it) If yes, explain what type and how they will be implemented. (if) It yes, explain steps that will be taken to avoid or minimize environmental impacts. XDate Appli t Name jig ly �Wj 'm 1t �4�C f�C tLlnSii(.tf�j th'1 tl ant Signature RECEIVED R Project Name DCM WILMINGTON, NC DEC `l,0Z013 252-808-2800 :: 1.888-4RCOAST:: www.necoas alm�naaement.ngt revised: 12126106 DCM WILMINGTON, NC Of JAN 1 02014 C4NAL --- J i�W tJ t exkST%vich p1EW $utiCt�EA '�U.UCN�An ai 1( 54 T�R�A ------ �1UAh�tV N1A�' 5� aTm. -Top OrWopersEp x &.0 OUP3 -ro AWO zoT bs ; (01 Dc,E of VEEEff"'a`: :Xi SiirS V�fwpCL La (09,2 ww RECEWED JAN 16 2014 DCU-MHDCrry RECEIVED DCM WILMINGTON, NC DEC 2 02013 man�anu- lJ�sror� b3 GAu�e,M3urzc, SE. Oi6 %:�Un�wlcicGz(n7y 9}/9/oroc3 � ?1 Noel iti ni s• 1._C� 0 -. - - -I - k I I VI�1c�sr1 r�n� l �Qta�C U'fAf�� pM4SaAft I��TUN �� RECEIVED 61 LA04MEG ST. DCM WILMINGTON, NC ectA{ )Str Be.ACN R; = 5 D E: C; 2 0 2013 V QgwlGx dfQW� On=,9��/dp13 lqq D it w ao � N � o C A 0 �. NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 26, 2014 Marshall M. Newton 3056 Johnson Mill Rd. Raeford, N.C. 28376 Dear Sir or Madam: John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a,-kearing pursuant to NCGS 113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,.:(919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review d1foroject plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, r O, Douglas V. Huggett Major Permits and Consistency Manager Enclosure Braxton C. Davis, Director N.C. Division of Coastal Management, NCDENR 400 Commerce Avenue, Morehead City, N.C. 28557 Phone: 252-808-2808\Internet: www.nccoastalmanagement.net 1601 Mail Service Center, Raleigh, North Carolina 27699-1601 Phone: 919-707-8600 \ Internet: www.ncdenr.gov An Equal Opportunity\ Affirmative Action Employer —Made in part by recycled paper DCM Coordinator: Permit #: :? / / MAILING DISTRIBUTION SHEET Permitee: ka,�-k l�fP 0v� Agents: rn rn n -P-w4o r. Q �Lcs-ct, e a(u� DCM Field Offices Elizabeth City (with revised work plan drawings) Morehead City Washin on ss ✓ H s mm on US ACOE Offices: Washington: Ralei land Wilmington: onnie Smith Cultural Resources: Renee Gledhill -Early nvirnnrnental.review@ncdcr.gov) Public Water Supply: ra Beno WIR Joey White (WARD) NC DOT: en Pac Shellfish Sanitation: i F wler State Property: im Wa—It o Water Resources: Caren Higgins Ralei ) �— ennessy (NC DOT) Washington: Anthony Scarborough Wilmington: Joanne uis — 401 ad C urt- 4 Linda Lewis - Stormwater Wildlife Resources: M unn (WARD) LPO: Fax Distribution: Permitee #: Agent #: DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Riverwinds Condominiums, LL.0 2. LOCATION OF PROJECT SITE: The project is located adjacent to Smith Creek at 236 Blackwell Point Loop Road (SR 1317) in Oriental, Pamlico County. Photo Index - 2006: 79-8246, grids R-8, R-9; 2000: 79-877, grids F-18, G-17. State Plane Coordinates - X: 2684118.660 Y: 511754.074 Rover #: M041613B Longitude: 35 08 04.099 Latitude: -76 42 41.646 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — several since 4/16/09 Was Applicant Present —Yes Photos Taken — Yes 5. PROCESSING PROCEDURE: Application Received — cc: 12/10/13 RECEIyED Office - MHC 6. SITE DESCRIPTION: .1AN 2 g 2019 (A) Local Land Use Plan — Pamlico County i Land Classification from LUP — Rural with Services/Conservation (B) AEC(s) Involved: EW, PTA, CW, ESM�C17 Y (C) Water Depende t: Yes (D) Intended e: Private (E) Wastewater Treatment: Existing —Bay River Sewer Planned -None (F) Type of Development: Existing —13-slip marina, bulkhead, kayak rack, and condominium units der construction) Planned expand to a 24-slip marina (G) Estimated Annual Rate of Erosion: N _ Source — N/A 7. HABITAT DESCRIPTION: DREDGED ULLED INCORP1SHADED (A) Open Water 763 ft shaded 30,982 fe incorp (E) Total Area Disturbed: 30,982 ftZ (F) Primary Nursery Area: No (Secondary) (G) Water Classification: SC; NSW Open: No 8. —TIte—applLcant wishes to expand an existing docking facility to a privatelcommunity 24-slip marina. Field Investigation Report: Riverwind Condominiums Page 2 9. Narrative Description: This is a major modification request to State Permit # 122-10. This permit was issued on October 28, 2010. It is set to expire on March 5, 2015. The property is located at 236 Blackwell Point Loop Road (SR 1317) in Oriental, Pamlico County. The parcel is a 0.62-acre tract adjacent to Smith Creek. This site is developed with condominium units (existing and under construction), 13-slip marina, bulkhead, and a kayak rack. The adjacent properties are residential to the north and commercial docking facilities to the south. The average elevation of the high ground of the parcel is +3' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of lawn grasses, with a fringe of Coastal Wetlands along the shoreline. This tract has approximately 225' of continuous shoreline along Smith Creek. Immediate offshore water depths adjacent to the tract range from about —1' to —5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 690 feet across at this location. This tributary is a part of the Neuse River basin. These waters of Smith Creek are classified as a Secondary Nursery Area and there is no submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SC; Nutrient Sensitive Waters. There is a defined channel in the nearby vicinity of the project area. 10. Proposed Development: The applicant wishes to modify the existing docking facility by expanding it to support twenty-four boat slips. The current_ docking facility has 12 wet slips and 1 mooring buoy, for a total of 13 ftxmalized boat slis (Th pe DCM can <nd-n authorization for Slips #11 & #12 nor thr� _6reestandingmoornng. Since the applicant is applying to authorize these t ree s ips, no formal i enforcement action against the applicant is being pursued by the DCM at this time.) The applicant is proposing to construct five new finger piers and eleven tie pilings within the inside of the incorporated footprint of the permitted docking facility. Each finger pier will be 3' wide and 15' long. These ten boat slips will be in water depths ranging from -2' to 4' nwl. These slips will be designed to support vessels up to 30' in length. This marina will extend 135' waterward of the coastal marsh. The additional four slips proposed will be freestanding moorings. Each mooring would be supported by a mushroom anchor chained to a white poly -ball. The purpose of the moorings will be for vessels to utilize during storm events. Each proposed arc of swing would be 60' in diameter and each mooring radius of swing overlaps its adjacent mooring. The proposed arc of the swing will extend approximately 230' offshore. These proposed moorings would be in water depths ranging from 5.5' to 5.9' NWL. Brad Connell January 10, 2014 Morehead City Held Investigation Report: Riverwind Condominiums Page 3 11. Anticipated Impacts: The 24-slip community marina will usurp 30,982 square feet of public trust waters. The marina will ave 1,815 square feet of platform area along 225' of shoreline. This proposed marina, which includes the freestanding moorings, will extend approximately 230' waterward into a 690' wide tributary. The waters of Smith Creek are classified as SC, Nutrient Sensitive Waters and are designated as a Secondary Nursery Area. Immediate off shore water depths in the area range from —1' to —5.9' nwl. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. RECEIVED JAN 2 8 2014 DCM-MAD Crry Brad Connell January 10, 2014 Morehead City DCM W-1 N c_ DF- �l Ma j ®r Development Permit Qast revised 12/27106) i North Carolina DIVISION OF COASTAL MANAGEMENT f: PrimaryApplicant/Lanalownerinfor►nafion , L Business Name - Project Name (f applicable) Applicant 1; First Name '- w t N n\ MI Last Name Applicant 2: First Name MI Last Name if additional applicants, please attach an additional page(s) with names listed. Mailing Address POBox City State�� ZIPZ 8S71 CouI k,. �-c's Phone No. LF'�ST.-7-I-3.. f'O ext. FAX No Street Address(ifdifferentfrom above) City State ZIP Email R nj� 11 2. ,plp7HCoo"Cforinformation; Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: FirstName MI Last Name Mailing Address PO Box Ci ty State ZIP Phone No. 1 Phone No. 2 FAX No. Contractor# Street Address (ddifferent from above) City State ZIP Email <Form continues on back> dtECEIt)EIB NOV 13 2013 252-808-2808 :: 1-888-4RCOAST :: www."ccoastaimanagement.net Form DCM MP-1 (Page 2 of p RECEpESPPUCATION for Major Development Permit JAN 2 3 2014 3. Project Location County (can be multiple) . Mi+C Street Address 23 % L CCity .a.\:l-.W `. ,, } Louo . # Subdivision Name t JER WN9 state (X t cpkVA l N L, Zip 2t3S7F Phone No. Lot No.(s) (if many, attach additional page with list) n//� 'M-Z.Wt -iota ext., Lx�1ii.s a. In which NC river basin is the project located)kELu b. Name of body of water nearest to proposed project5�4.0 c. Is the water body identified in (b) above, natural or manmade? Olvanmade Ounknown d. Name the closest major water body to the proposed project site. aturel i.l sfi. Z • z"L e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed OYes Gft work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) Z. Z 3 q 3 b. Size of entire tract (sq.fl.) 8a c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high wateh or NWL (normal water level) (If many lot sizes, please attach additional page with a list) Q l3NHW or I4WL e. vegetation on tract 1-4 ordod!•r FYa, IA. N> S.DK I.ciy'AsS. Z S�AyPok 3. +v'L15 '4 'A^A'RS� 101-%4.1 I. Man-made features and uses now on tract uN } 5 '� ptt,r� O�dfai�r S 2- Fi r�. 5 ,C) u Z•a j S, S')KSji` FA ,%Y — Obt—aA WAI\ — 1b c5 j,�—{7 W$ iy LAWPACcO'./1'�AILA g. Identify and describe the existing land uses 5dgaoent to the proposed project site. S VD A C%ti,t J lr Eta _N(rA uuerE')�— 0AAAck- 'L r3 t4-i- UUf, 1 u 2 b + .� j. ISO •� caA� v i11A 2 t, RA L`4+ h. How does local govemme zone the tract? I. Is the proposed project consistent with the a likable zoning? (Attach zoning compliance certificate, if applicable) UY �"85'}`"• �� EjYes ONo ONA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes BNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ONo ONA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a OYes Clio ONA National Register listed or eligible property? <Form continues on next page> m. (I) Are there wetlands on the site? RECEIVED �QY/es p No (it) Are there coastal wetlands on the site? - t �s ONo Oii) If yes to either (i) or (ii) above, has a delineation been conducted? - pYes []No (Attach documentation, H available) NOV 13 2013 •ns 252-808.2808 :: 1.888.4RCOAST :: www.necoastalmanagement.net Form DCM MP-1 (Page 3 of k APPLICATION for Major Development Permit n. Describe existing wastewater treatment facilities. `1 �PN5+�,1\ r a I.nr�,I.�J1C'p 6 iruh S 3cDva Ft +4u I�Ai� o. Describe existing drinking water supply source. p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, publior private use? mmerdal OI'ublidGovemment ✓t•+tIFnvatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. AswA-�c d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? t \ f. What is the approximate total disturbed land area resulting from the proposed project? LLJ Usq.Ft ortlAcres s'9 g. Will the proposed project encroach on any public easement, public accessway or other area OYes VKo E(NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. �ya��.� &/' I Jam-- i. Will wastewater or stormwater be discharged into a wetland? QYes ❑No QNA If yes, will this discharged water be of the same salinity as the receiving water? OYes QNo j :(NA j. Is there any mitigation proposed? pYes _ o 13NA �iF.�EIUEI'2 If yes, attach a mitigation proposal. d <Form continues on back> NOV 13 2013 6. �Aalditional.%Idformatiori . _ -'" a. A project narrative. A),5 c' �'c�iOw s (,7C.� G�.i S -1 o LiM't� /1.w.•e.-E-�JsU CJt�2 �vlr1"� /.1vo.�.�s 'Fv' to 852-888-2808 :: 9-888-4FtC06,5'F :: vvwva,nccoastalmanagevnen4.ne4 Form DCM MP-1 (Page 4 of 4 RECENr" APPLICATION for ?' Major Development Permit JAN 2 3 2014 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 previousty authorized work, dearly indicate on maps, aats, drawings to distinguish between work completed and proposed--�a-;vaiD o. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the she. d. A ropy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Chedc or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name (Sob IpA rt-x:q, 'Sr Phone No. Zylr p$$.b Address 1 £3� Tii�, win Yd, Name _ j ins 1zSwAROS S-,�v. S�\n: J`S Phone No. -`.... Address 254W Z=Jaj.4•—kw Name Phone No..; Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permitlee, and issuing dates. S+.A,+E . pCZ..--, Ir 4 12-7,- i o h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. to Enter on Land 1 understand that any permit issued In response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date fe'i '� A- 7- 7— o1 I _- Print Name W i /413 O 14-6p-4,cA Signature Please indicate application attachments pertaining to your proposed project (]DCM MP-2 Excavation and Fill Information 13DCM MP-5 Bridges and Culverts ODCM MP-3 Upland Development ❑DCM MP-4 Structures Information RECEIVED NOV 13 2013 252-808.2808 :: 1-888-4RCOAST :: www.nccoestelmanagementnet Riverwind Condominiums Umiv Pamlico County, NC FEB 2 2 2010 Riverwind Condominiums, LLC, is an existing community designed for assisted living that will include the construction of a 10-slip community dock on the 0.623-acre Riverwind Condominium property located Blackwell Point Loop Rd in Oriental in Pamlico County, -North Carolina. The property is adjacent to Smith Creek. The proposed 10 slip docl and community pier which will provide access to the development from Smith Creek on the north side of the property. This permit is for subdivision infrastructure only and does not include any development that may occur within the lots or common areas. The Riverwind Condominiums property is located within the Tar - Pamlico River Basin. -I-O 'TOwN k\`�r-mot, �k 1 zz-Ib All l`i �S ej ,\\ fie c7 u Ne9 �� 01-0 e SJ a=�f.. i 'r� \A T' �... v 6 LA 4- 2'.��.. lal�� kov�\�oN-G.S />,�-�O LLB•' h'� QL S-vti�'� c,w l �q e ���1 V• o r� o na � l' • �' C5 w�A p�r� Gov k�� owEoNS d ���tr caSf. Tti`> l,,,\t �\, 2n. 4 0 V,A-�li_ N-4-oiil% e. A^oor;� yr N;u h S Evv)., or �u5+ �u w h Seel s� FI obk. RECENED NOV 13 2013 IM4 p ClI 3 Form DCM MP-4 STRUCTURES RECBNED (Construction within Public Trust Areas) JAN 2 3 2014 i 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. DCMMHDC1W a. (i) Is the docking facility/marina: ,.,,b. (i) Will the facility be open to the general public? _-E]Commercial__,[[Public/government,_R14 te/Community. _. _ ❑Yes SKO c. (I) Dock(s) and/or pier(s) CD}C D n a� �4a r /' ' d. (i) Are Finger Piers included? GdYes ❑No ) (H) Number '~ 12z -/a If yes: (III) Length (iv) Width (ii) Number (ii!) Length I.' C- (v) Floating ❑Yes []No (iv) Width _ 1 (v) Floating ❑Yes (I o ' e. (i) Are Platforms included? []Yes Vte f. (i) Are Boatlifts included? ❑Yes IMvo If yes: If yes: (ii) Number (I) Number _ (iii) Length, (III) Length (iv) Width . (iv) Width (v) Floating ❑Yes []No - Note: Roofed areas are calculated from dripllne dimensions. g. (i) Number of slips proposed ) - k ,N"' i3/t"&.3 h. Check all the types of services to be provided. ❑ Full service, Including travel lift andfor rail, repair or /m+t) (i) Number of slips existing maintenance service, El Dockage, fuel, and marine supplies s� t'S _�Q Rbockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑ Other, please describe: . 1. Check the proposed type of siting: ❑ land cut and access channel ❑Open water; dredging for basin and/or channel (t6pen water; no dredging required ❑Other; please describe: k. Typical boat length: 2 - 3 O m. () Will the facility have tie pilings? Ej�< ❑No (ii) If yes number of tie pilings? z 11 / j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Y L N A$ot A- S'd'•A 't o..-F 1. (1) Will the facility be open to the general public? oyes G*Tl RECEDED NOV 13 2013 DC:y7-Mary 252 StsB 2808 :: 888 4rtCOAsa ;. www.nccoestaimanagement.net revised., 92127105 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 trash. irl s1� S�v t t ; .L to G S t w d. How will overboard discharge of sewage from boats be controlled? r a.. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? -TrA31A Ve v o�zAI Fov GIS h. Give the number of channel markers and "No Wake" signs proposed. I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? ou 0 k. Describe design measures that promote boat basin flushing? DALY -�� e I.4.A4,v-,l Y- t C,_ F��� cyeel�s I. If this project is an expansion of an existing marina, what types of services are Tv�asll wick -tm w-r- provided? �>A ev I r LEA cz„ NOV 13 2013 282-8D8.2808 :: 11-8884'RCOAS7 :: uvnrw.r.aw�ttatsT.uEmanas�®onenffi.rnai {: revised, d?J27106 OC°r?F.�C:TY m. • Is the marina/docking facility proposed within a primary or secondary nursery area? f RECEIVED Ved ONo n. Is the mariinna,,rddocking facility proposed within or adjacent to any shellfish harvesting area? �iaN 2 3 2014 ❑Yes td�vo� o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. D MNDCITY CYC' W ❑SAV ❑SB aEIWIL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes EKO If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number (111) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. a. (I) Number (it) Length —.. (III) Widrtthh�'rr}�`/�_ a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NHW, NWL, or wetlands 6 DORING PILINGS and BUOYSftw rss, a a. Is the structure(s): � ❑Commercial -]Public/Government B vate/Community c. Distance to be placed beyond shoreline Zan Note: This should be measured from marsh edge, If present. e. Arc of the swing 6 O' b. Number 9 d. Description of buoy (color, inscription, size, anchor, etc.) MUSI-1y�oc�r. N�oo<� p.<+ct�o v. r �h•N RECEIVER NOV 13 2013 252-808-2808 :: 1-88SARCOAST :: www.nccoastWmananentent.net revised, IZ27106 a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. 14 i ® L efi-k S-D2. / 2©' R:Sfn i !) flD Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body e. (1) Will naviggatloo al aids be required as a result of the project? ❑Yes L� o ❑NA (ii) If yes, explain what type and.how they will be implemented. a. Give complete description: y.s LP- R, S ;02 ./ yd P .! '!?=t. h, S.'), d. Water depth at waterward end of structure at NLW or NWL T� / D12 SJ O C' S v L1 r o k0r'v g .CAA D, %C h dl,-c -�Ih. 0 u7 G � 5 Y\ f ti ,�, e y G/»yi � ,� •swc. ��,Cr�xA- - n y ), s_ I��c�- f�c V D r J YY N A�. . UCEIVEID NOV 13 2013 DCM-i?EI"ii CITY ��a?-�YD�-28i1$ :: -l-8�iwb53CigDS'� :: nrv�ray.r�.�noss3a9rr>aaral?a�::ramaat.aa�s3 seuSsad:'12�7f�� Doc ID: 002212790005 TV9e: CRP Recorded: 03/01/2013 at 12:54:31 PR Fee A"; $26.00 Pegs 1 of 5 Raven us Tax: $0.00 Lynn H. Levis Register of Deeds sK577 Po726-730 NORTH CAROLINA PAMLICO COUNTY NON -WARRANTY DEED THIS DEED, made and entered into this 18t" day of December, 2012, by and between RIVERWINDS TOWNHOMES, LLC, a North Carolina limited liability company, formerly known as RIVERWINDS CONDOMINIUMS, LLC, RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC., a North Carolina corporation, and ANTHONY M. BYRNE and wife, KATHRYN WOLF BYRNE and JOHN J. CHAPPELL and wife, ELLEN M. CHAPPEL, 401 Vandemere Street, Oriental, North Carolina 28571, hereinafter called "grantor-', and, and RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC., a North Carolina corporation, 401 Vandemere Street, Oriental, North Carolina 28571, hereinafter called ^grantee"; W 11 N E S S E T H: That grantor, for and in consideration of the sum of ten dollars and other good and valuable considerations to it in hand paid, the receipt of which is hereby acknowledged, has bargained and sold, and by these presents does bargain, sell and convey to the said Riverwinds Townhomes Unit Owners Association, Inc. and its successors and assigns, a certain tract or parcel of land in Number Two (2) Township, Pamlico County, North Carolina, particularly described as follows: On the west aide of Blackwell Point Loop Road and the east side of Smith Creek west of the Town of Oriental and beginning at the northeast corner of the Townhomes tract at an existing iron pipe in the edge of said road as shown on that plat recorded in Plat Cabinet A, Slide 186-4, Pamlico County Registry, and running thence from said POINT OF BEGINNING South 04e 22' 50" West with the road edge approximately 57 feet to a point in the road edge which is the extension of Lot 2's line thence North 85- 11' 12" West with Lot 2's southern line and its extension to a point 5 feet from the edge of Smith Creek, thence northwestward parallel with the creek edge to a point 5 feet from the tract's northwest corner, thence with the tract's northern line South 860 04' 45" East 177.61 to the POINT OF BEGINNING. M ,\_ Papered by HOLLO%TJ L & HOLLOCUF.LL RETURNED TO; �OwA Affomey, at Lew DATE RETURNED; Beybow, North Carolina 28515 800x: 5" Pege: 726 Pega l of5 sr RECEIVED JA N 2 3 2014 DCM-MAD CITY RECEIVED NOV 13 2013 DCM-MHD CITY' Book: 577 Page: 726 Seq: 1 TO HAVE AND TO HOLD the aforesaid tract or parcel of land, together with all privileges and appurtenances thereunto belonging, to the said Riverwinds Townhomes Unit Owners Association, Inc. and its successors and assigns, in fee simple forever. IN TESTIMONY WHEREOF, grantor has caused this instrument to be signed in its name by its manager and adopted as its seal the typewritten word "SEAL" appearing beside its name, the day and year first above written. RIVERWINDS TOWNHOMES, LLC (SEAL) By: : v (SEAL) GWINN 0. HEDR CK, Member/Manager NORTH CAROLINA CKo11 M� �Y �* L, 1-Jr•lr✓�-rd r''��u-�-t� `� i�' a Notary Public of the County and State aforesaid, certify that Gwinn O. Hedrick, Member/Manager, being personally known to me or.proven by satisfactory evidence (said evidence being n /C(. „ ), who are the Members of RIVERWINDS TOWNHOMES, LLC, a North Carolina limited liability company, personally appeared before me this day and acknowledges that he is Member/Manager of RIVERWINDS TOWNHOMES,.LLC and that as Member/Manager being duly authorized to do so, voluntarily executed the foregoing instrument on behalf of said company for the purposes stated therein. Witness my hand and official seal/stamp, this I S�day m(,� w of -h , 201A. My cc Paparcd by HOLLOVTU & HOLLOWELL Attorneys of Law Baybow, North Carolina 28515 B.k:577 Page: 726 Po1e2of6 RECEWM Nov 13 2913 DU11-N-MOMY Book: 577 Page: 726 Seq: 2 2 4�&_ (SEAL) EN CHAPPELL CH _(SEAL) BLLEN M. CHAPPELL .1 a BCM VRD JAN Z STATE OF )II) C^Sa��th9� 8 2tl14 COUNTY OF DCM-M(tpCT►'Y I, hz�f , a Notary Public in and for said county and stat , do ereby certify that JOHN J. CHAPPELL and ELLEN M. CHAPPELL, either being personally known to me or proven by satisfactory evidence (said evidence being '' I LDO 9k,h IIr -eI ), personally appeared before me this day, and acknowledged the voluntary due execution of the foregoing instrument by them for the purposes stated therein. Witness my hand and notarial seal/stamp, this the �`a' day of ,a(. ck'r1 , 2013. li I My commission expires: -ZC)) / _.1•'1OT";% , J �T carxn. Ewp. p}pp28I6 Ri 'oUBUG 41 Book:'n Page: 726 Page 3 M5 RECEWM Prepared by HOLLOWELL & HOLLOWELI. NOV 13 2013 Altoongs at Low Bayboro, North Carolina 28515 Book: 577 Page: 726 8eq: 3 RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC. By4�1 resident NORTH CAROLINA COUNTY OF PAMLICO 1, , a Notary Public in and for said county and state, do hereby certify that _ Jo' ou either being personally known to me or Proven by satisfactory evidence (said evidence being I �,>„s; �ce�,.� ), personally appeared before me this day and acknowledged that he/she is PRESIDENT of RIVERWINDS TOWNHOMES UNIT OWNERS ASSOCIATION, INC., a North Carolina corporation, and that he/she, as PRESIDENT, being authorized to do so, voluntarily executed the foregoing on behalf of the corporation for the purposes stated therein. _ Witness my hand and official seal, this the L� day off 2013. My commission expires:`aye Yn ommety��y 5 2�IS 0 ,c tUmfn. Ekp, 03-09-2015 �a�.p4BL16 �V e . Pmpand by HOLLOWELL& HOLLOWELL Attoroeys at Law Bayboro, North Carolina 28515 Book:577 Page: 728 Page of RECMVM NOV 13 7013 ✓vAll. MM iai::Y Book: 577 Page: 726 seq: 4 91 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'SNAME: Riverwinds Condominiums, LLC 2. LOCATION OF PROJECT SITE: The project is located adjacent to Smith Creek at 236 Blackwell Point Loop Road (SR 1317) in Oriental, Pamlico County. Photo Index - 2006: 79-8246, grids R-8, R-9; 2000: 79-877, grids F-18, G-17. State Plane Coordinates - X: 2684118.660 Y: 511754.074 Rover #: M041613B Longitude: 35 08 04.099 Latitude: -76 42 41.646 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — several since 4/16/09 Was Applicant Present —Yes Photos Taken — Yes 5. PROCESSING PROCEDURE: Application Received — cc: 12/10/13 Office - MHC 6. SITE DESCRIPTION: (A) Local Land Use Plan — Pamlico County Land Classification from LUP — Rural with Services/Conservation (B) AEC(s) Involved: EW, PTA, CW, ES (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing —Bay River Sewer Planned -None (F) Type of Development: Existing —13-slip marina, bulkhead, kayak rack, and condominium units (existing and under construction) Planned - expand to a 24-slip marina (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: DREDGED IN LIED INCORP/SHADED I(A) Open Water L 763 ftz shaded 30,982 ft2 incorp (E) Total Area Disturbed: 30,982 ft` (F) Primary Nursery Area: No (Secondary) (G) Water Classification: SC; NSW Open: No Proiect Summary: The applicant wishes to expand an existing docking facility to a private/community 24-slip marina. Field Investigation Report: Riverwind Condominiums Paee 2 9. Narrative Description: This is a major modification request to State Permit # 122-10. This permit was issued on October 28, 2010. It is set to expire on March 5, 2015. The property is located at 236 Blackwell Point Loop Road (SR 1317) in Oriental, Pamlico County. The parcel is a 0.62-acre tract adjacent to Smith Creek. This site is developed with condominium units (existing and under construction), 13-slip marina, bulkhead, and a kayak rack. The adjacent properties are residential to the north and commercial docking facilities to the south. The average elevation of the high ground of the parcel is +3' above the normal water level (nwl). Vegetation on this particular tract is mainly comprised of lawn grasses, with a fringe of Coastal Wetlands along the shoreline. This tract has approximately 225' of continuous shoreline along Smith Creek. Immediate offshore water depths adjacent to the tract range from about —1' to —5' nwl. The subaqueous substrate is firm without shell. This waterbody is about 690 feet across at this location. This tributary is a part of the Neuse River basin. These waters of Smith Creek are classified as a Secondary Nursery Area and there is no submerged aquatic vegetation present. This area is closed to shellfish harvest and is classified as SC; Nutrient Sensitive Waters. There is a defined channel in the nearby vicinity of the project area. 10. Proposed Development: The applicant wishes to modify the existing docking facility by expanding it to support twenty-four boat slips. The current docking facility has 12 wet slips and 1 mooring buoy, for a total of 13 formalized boat slips. (The DCM can find no record of authorization for Slips #11 & #12, nor the freestanding mooring. Since the applicant is applying to authorize these three slips, no formal enforcement action against the applicant is being pursued by the DCM at this time.) The applicant is proposing to construct five new finger piers and eleven tie pilings within the inside of the incorporated footprint of the permitted docking facility. Each finger pier will be 3' wide and 15' long. These ten boat slips will be in water depths ranging from -2' to -4' nwl. These slips will be designed to support vessels up to 30' in length. This marina will extend 135' waterward of the coastal marsh. The additional four slips proposed will be freestanding moorings. Each mooring would be supported by a mushroom anchor chained to a white poly -ball. The purpose of the moorings will be for vessels to utilize during storm events. Each proposed arc of swing would be 60' in diameter and each mooring radius of swing overlaps its adjacent mooring. The proposed are of the swing will extend approximately 230' offshore. These proposed moorings would be in water depths ranging from 5.5' to 5.9' NWL. Brad Connell January 10, 2014 Morehead City Field Investigation Report: Riverwind Condominiums Paee 3 11. Anticipated Impacts: The 24-slip community manna will usurp 30,982 square feet of public trust waters. The marina will have 1,815 square feet of platform area along 225' of shoreline. This proposed marina, which includes the freestanding moorings, will extend approximately 230' waterward into a 690' wide tributary. The waters of Smith Creek are classified as SC, Nutrient Sensitive Waters and are designated as a Secondary Nursery Area. Immediate offshore water depths in the area range from —1' to —5.9' nwl. These waters are closed to the harvest of shellfish and there are no beds of submerged aquatic vegetation present. Brad Connell January 10, 2014 Morehead City DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Marshall M. Newton COUNTY: Brunswick RECENEa PROJECT NAME: Newton Bulkhead Replacement & Fill JA N 18 2014 LOCATION OF PROJECT: 76 Laurinburg St., adjacent to a man-made canal off the AIWW, in Ocean Isle Beach 0 DATE APPLICATION RECEIVED COMPLETE BY FIELD:1-10-14 DCXV_1jDC" FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Snider DISTRICT MANAGER REVIEW: 9" ?� B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 1-17-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIG TO: r D C) 75 DAY DEADLINE: MAU, OUT DATE:1-14-14 FEDERAL DUE DATE: To Be Forwarded: n/a To Be Forwarded: n/a DISTRICT OFFICE: WILMINGTON FEE RECD: $400.00 END OF NOTICE DATE: 2-7-14 DEED RECD: YES ON: //Z 2I_l5� 150 DAY DEADLINE: STATE DUE DATE: 2-7-14 FED COMMENTS REC'D: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative 1. yy- I L( Coastal Management - LUP Consistency '3-yS u I _I Division of Community Assistance Land Quality Section (DEMLR) • 1H-1 �I Division of Water Resources (401) (-y7 l y N Ocs I Storm Water Management (DEMLR) 2 •S- I �/ State Property Office Division of Archives & History I'11• IN Division of Environmental Health i 1h- IH ✓ Division of Highways Wildlife Resources Commission �- Il - ly ✓ Local Permit Office Division of Marine Fisheries / DCM 1-1 e" 14 Corps of Engineers 3'Z$-IY ol1-OoiS6 p w s 1- *Xz-Ik ✓ i NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Director January 21,2014 Marshall M. Newton 3056 Johnson Mill Road Raeford, NC 28376 Subject: EXEMPTION Stormwater Project No. SW8140127 Newton Bulkhead Project Brunswick County Dear Mr. Newton: Pat McCrory, Governor John E. Skvarla, III, Secretary The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on February 14, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are Informing you that this project will not require a stormwater management permit. If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then It Is also Subject to the Naborlai Pollutant Discharge Elirinabon System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the Prollect must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, her at Ilnda.lewisna ncdenrgov. Sin rely, For Tracy E. Davis, P.E., CPM Division of Energy, Mineral, and Land Resources GDS/arl: GAQISharedlStormwaterlPermits & Projects12014 \140127 Exemption12014 02 permit 140127 cc: Ed Flynn; F & S Marine Contractors, Inc. New Hanover County Building Inspections Doug Huggett, DCM Wilmington Regional Office Stormwater File AECE[VED FEB 2 8 2014 Wilminnfnn Raninnni Offim DCU_."DcnT Pat McCrory Governor January 14, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director Jessi Baker Fisheries Resource Specialist Division of Coastal Management Resources John E. Skvarla, III Secretary $ECEIVEI? a JAN 16 2014 DCM-fvTDCM- Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This age nUcy objects to the project for reasons 1described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910.796-72151 FAX: 910.3953964 Internet: www.nccoastalmanagement.net An Equal Opportunity I Affirmative Action Employer NCDEENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 14, 2014 MEMORANDUM: `' RECEWEp, t TO: Shannon Jenkins JAN 2 7 2014 NH DEH Shellfish Sanitation Section DCM-MHDCrry FROM: Doug Huggett, INC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2014, If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE T1 11 Q�r � 0W 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal opportunity \ Afiinnalive Action Employer Pat McCrory Governor NCDENR arolina Department of Environment and NatUfal-Resources Division of Coastal Manacement Braxton C. Davis John E. Skvarla, III Director Secretary January 14, 2014 MEMORANDUM: ` I'A r TO: Renee Gledhill -Early (h, Sf Dept. of Cultural Resources t 7 Irk Archives & History j.r1 FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. V This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. —This agency [objects to the project for reasons described in the attached comments. SIGNED DATE t 'oi I' 4 127 Card,nal 066 EX:_, 4Ytminglon, NC 2840i Fame: 910.796-721. \ FAY.: 910-395-396; tnlfrneC en�n,.ncco'�sta'!ranaaement not s, Ermil becmt, rzrt-.9NrtrIli,z A;ncn Enlcrryn flAN 1 7 2014 Pat McCrory Governor January 14, 2014 MEMORANDUM: 9*1A T NCDENR JAI? North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director John E. Skvarla, III Secretary umft TO: Dan Sams JAN 24 2014 District Manager DEMLR - WiRO Dam C. FROM: Doug Huggett, INC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. L'--�� SIGNED �(DATE 1-7 1 20l -} 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Opponunity \ Affirmative Act m Employer eW,iA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Si Governor Director Secretary p k;: E C I RECEIVER fr:;. i�: r January 14, 2014 JAN 14 2014 0 5 2014 MEMORANDUM: BY: TO: Georgette Scott DCM.MfmcrrY Stormwater Section DEMLR - WiRO FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Dow Hu44ett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: _Z This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ti DATE / �(o SDI 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanaoement.net An Equal Opportunity 1 Affirmative Aclion Employer Howell, Jonathan From: Hughes, Benjamin T Sent: Wednesday, February05, 201411:10AM To: Howell, Jonathan Cc: Law, Anthony W Subject: RE: Marshall Newton7l' Jonathan, You are correct the hecked. Thanks for double checking. Benjamin T. Hughes, PE Senior Assistant District Engineer North Carolina Department of Transportation 300 Division Drive, Wilmington, NC 28401 Office: (910) 251.2655 From: Law, Anthony W Sent: Wednesday, February 05, 2014 9:26 AM To: Howell, Jonathan; Hughes, Benjamin T Subject: Re: Marshall Newton M. Please respond to Jonathan. Thanks. Sent from my Verizon Wireless Phone ----- Reply message ----- From: "Howell, Jonathan" <ionathan.howell(cD,ncderingov> Date: Tue, Feb 4, 2014 3:12 pm Subject: Marshall Newton To: "Law, Anthony W" <alaw@ancdot.eov> Hi Anthony, I received a cover sheet for comments on a CAMA Major Permit for Marshall Newton in Brunswick County. The "objection box" was checked on the cover letter. I believe it was a mistake, but wanted to make sure before I moved forward. It looks as if it was signed by Ben. Unfortunately, I can't make out the last name, or I would have contacted him directly. Can you let me know if DOT has objections to this project? The project is a replacement of a bulkhead in a difference alignment, but doesn't appear to be close to any DOT right of way. Thanks. Jonathan Howell Asst. Major Permits Coordinator 400 Commerce Avenue Morehead City, NC 28557 (252)808-2808 (Ext. 211) www.nccoastalmanagement.net E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Email correspondence to and from this sender is subject to the N.G. Public Records Law and may be disclosed to third parties. Pat McCrory Governor January 14, 2014 MEMORANDUM: AN. NCDENR North Carolina Department of Environment and Division of Coastal Management Braxton C. Davis Director TO: Anthony Law NC DOT Brunswick Co. FROM SUBJECT: Applicant: Doug Huggett, NC DENR-DCM Major DISTRICT 3 JAN 14 2014 RECEIVED Natural Resources John E. Skvarla, III Secretary RECEM JAN 21 2014 at Permits Coordinatd CMMWCITY 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Douq Huggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: /y This agency has no objection to the project as proposed. This agency has no comment on the proposed project. ti This agency approves of the project only if the recommended changes are incorporated. See attached. X&Ihis agency objects to the project for reasons described in the attached comments. SIGNED�DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet www.nccoastalmanaoement.net An Equal opportunity \ ABumafive Acton Employer DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Marshall M. Newton 2. LOCATION OF PROJECT SITE: 67 Laurinburg Street, Ocean Isle Beach, Brunswick County Photo Index - 2006:1-61551, 5 2000: 1-8 J, 5 1995: 1-9 I, 18 State Plane Coordinates - X: 2171076.140 Y: 52580.351 Lat:33°53'35.26"N Long:78°26'10.91"W 3. INVESTIGATION TYPE: CAMA/D&F RECEIVED 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 06/25/13, 01/13/14 Was Applicant Present — No, No JAN 21 2014 5. PROCESSING PROCEDURE: Application Received—01/10/14 Office - Wilmington DCMMHDCITY 6. SITE DESCRIPTION: (A) Local Land Use Plan —Town of Ocean Isle Beach Land Classification From LUP — Residential (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — Municipal Planned - None (F) Type of Structures: Existing — Single family residence, bulkhead and docking facility Planned -50 linear feet of bulkhead (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA) DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh 110 sq. ft. (B) Non -Vegetated Wetlands Open Water (C) Other 1,320 sq. ft. uplands (D) Total Area Disturbed: 1,430 sq. ft. (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to remove the existing deteriorating bulkhead and reconstruct approximately 50 linear feet of bulkhead with approximately 110 sq. ft. of coastal wetland fill. Marshall M. Newton Page Two 9. PROJECT DESCRIPTION The project site consists of a canal front lot located at 67 Laurinburg Street, in the Town of Ocean Isle Beach, Brunswick County. To find the project site, travel south on US Highway 17 to Ocean Isle Beach Road SW. Turn left onto Ocean Isle Beach Road SW and travel approximately 4 miles to the Ocean Isle Beach high rise bridge. Cross the bridge and turn left onto East 2"d Street and proceed approximately 0.15 miles to Laurinburg Street. Turn left onto Laurinburg Street and the project site will be located on the left. The project site is a canal front lot that measures approximately 50 feet in width by approximately 130 feet in depth. The elevation of the high ground area of the lot averages approximately 3.5 feet above normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs, and landscaping. An existing single family residence is located on the property. The shoreline has been stabilized with a bulkhead that has an irregular alignment. The existing bulkhead is located approximately 5 feet landward of the existing adjacent bulkhead to the south at the shared property boundary. The bulkhead then extends to the north, parallel to the shoreline for a distance of approximately 22 feet. The bulkhead then extends to the west, perpendicular to the shoreline, for a distance of approximately 5 feet. The bulkhead then turns back to the north, parallel to the shoreline, for a distance of approximately 28 feet. This portion of the bulkhead is angled outboard and is approximately 5 feet outboard of the adjacent bulkhead to the north at the shared property boundary. The normal high water (NHW) boundary is located along the bulkhead. Coastal Wetlands are present water ward of the bulkhead and consist primarily of Smooth Cordgrass (Spartina olternifloro). The coastal wetlands are, on average, 15 feet in width as measured from the adjacent bulkheads. An existing docking facility is constructed waterward of the existing bulkhead and consists of a 4 feet wide by12 feet long access walkway, connected via ramp, to a floating dock measuring approximately 8 feet in width by 16 feet in length. The adjacent properties are home to single family residences with docking facilities and both shorelines have been stabilized with bulkheads. There are no known archaeological sites located within the project vicinity. The Ocean Isle Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the manmade canal and the AIWW are classified SA by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to remove the existing deteriorating bulkhead and reconstruct approximately 50 linear feet of bulkhead with approximately 110 sq. ft. of coastal wetland fill. The applicant proposes to remove the existing bulkhead and to reconstruct the bulkhead to align with the adjacent bulkheads to the north and south. In order to construct the bulkhead in alignment with the adjacent walls the section of the wall on the southern portion of the property, approximately 22 feet in length, would have to be aligned approximately 5 feet water ward of the existing bulkhead alignment. The new alignment would fill an area of coastal wetlands, primarily Smooth Cord Grass (Spartina olterniflora), Marshall M. Newton PAge Three measuring 22 feet in length by 5 feet in width located below NHW. The section of the wall on the northern portion of the property, approximately 28 feet in length, would be removed to align with the adjacent wall to the north. The removal of the existing bulkhead would result in excavation of approximately 70 square feet of high ground to match the existing grade on the water ward side of the existing bulkhead. As proposed, the bulkhead would be constructed a maximum distance of 5 feet water ward of the NHW boundary. As proposed, the bulkhead alignment would connect to the existing bulkheads of the adjacent riparian properties to the north and south and would measure approximately 50 feet in length. The limits of high ground disturbance would be located approximately 25 feet landward of the proposed bulkhead alignment. No changes to the existing docking facility are proposed. 10. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 110 square feet of coastal wetlands, primarily Smooth Cordgrass (Spartina alterniflora) and estuarine waters. The proposed bulkhead alignment would result in the creation of approximately 70 square feet of coastal wetland habitat. The proposed bulkhead construction would result in the disturbance of approximately 1,320 square feet of high ground. Minor increases in turbidity should be expected during construction Submitted by: Holley Snider Date: January 14, 2014 Office: Wilmington RECEIVED JAN 21 2014 Project Narrative Bulkhead Reconstruction Marshall Newton 67 Laurinburg St. Ocean Isle Beach This reconstruction will consist of realigning the current bulkhead at 67 Laurinburg St. with adjacent bulkheads on either side. From the drawing it is obvious the skewed alignment of the current bulkhead. On the north side we will be moving back about five feet in line with the neighboring lots' bulkhead, and on the south side we will be extending out about five feet to also align with the neighbor on the south side's bulkhead. The result will be a new bulkhead that will run parallel with the man-made canal and be in line with both adjacent bulkheads. RECEIVED DCM WILMINGTON, NC DEC 2 02013 0CX MP-1 for RECEIVED Major Development Permit JAN 21 2014 (last revised 12/27/06) North Carolina DIVIS1OU9FAOQ1ili*TAL MANAGEMENT f� x xPr aty Applidani/Landowiler'1 -¢ iafy3 le, rn� Business Name Project Name (it applicable) Applicant 1: First Name `, M1 last Name f Applicant 2: First Name MI Last Name If additional applicants, please attach an additional pages) with names listed. Mailing Address 3OS-G JAnxA Ohm 21 A. PO Box City TIAEFOzA State ,SIC ZIP 01937(o, Country uSA Phone �qlo No. -wil- of ext. FAX No. Street Address (if different from above) City state 21 P Email ffilymo-Abn a o"u s� �.,. Business Name Agent/ Contractor 1: First Name MI Last Name Agent/ Contractor 2: First Name MI last Name Mailing Address PO Box City State ZIP Phone No. 1 ext. Phone No. 2 ext. FAX No. Contractor it Street Address (f different from above) City State ZIP Snail RECEI DCM WILMIN <Form continues on back> -D TON, NC - DEC 2 02013 252-808-2808 :: i-888-4RCOAST :: www.nccoastalmansaament.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3P,ro�ect Location County (can be multiple) Street Address 54' State Rd. # w�G\C. %� uci�nbac Subdivision Name City State Zip A C -�84 Phone No. LotNo.(s) (if many, attach additional page with list) �11Iee p1 �o-Vaq-0JgJ ext. 0 1 1 1, a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project LwOole P+� - r' e-k c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural K(vlanmade []Unknown I Low e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed Was No work falls Within. ��� D l6 4 Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) O c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (If many lot sizes, please afrach additional page with a list) (� f ;dNHW or ❑NWL e. Vegetation on tract f. Man-made features now on tract �and � fuses g. Identify and describe the existing land uses adjacent to the proposed project site. i �1�iQ,tWnQ.� h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? �,,,,�1�� (Attach zoning compliance certificate, if applicable) Yes -[]No ❑NA tg.rcOi�so��t"14\ j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes XJ4o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes o ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? DCM WILMINGTON, NC <Form continues on next page> DEC 2 m 2013 252-808-2808 :: 1-888-4RCOAST :: www.nccoasta l management. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? [Ayes ❑No (ii) Are there coastal wetlands on the site? IPYes ❑No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes Dlo (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Cr wq^k scwe Sftkm JAN o. Describe existing drinking water supply source. `ci 1 to akr p. Describe existing storm water management or treatment systems. N 5. Activities and Impacts. a. Will the project be for commercial, public, or private use? []Commercial ❑PubliclGovernment WrivatelCommunity b. Give atbrrietf description of purpose, use,and daily operations of the project when complete. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. tAm% dkduaul•r VA& on Si t. V�c,lroe d. List all development activities you propose. kwJ,kyumo,A h. Q!*ytrma,� Ia/ -ka� a;�;�k �Ok ,nw, e. Are the proposed activities maintenance of an existing project, new work, or both? new work f. What is the approximate total disturbed land area resulting from the proposed project? :WSq.Ft or ❑Acres g. Ctiitl the pruposFd project encroach on any public easement, public accessway or other area ❑Yes o ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. i(�'•tOu_' rwioiii i. Will wastewater or stonnwater be discharged into a wetland? []Yes Ao ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No 90IA j. Is there any mitigation proposed? ❑Yes UWo ❑NA If yes, attach a mitigation proposal. RECEIVED <Form continues on back> DEC 2 0 2013 X 252-808-2808 .. 1.888-4RC0AST .. vrww.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit B. Rddlflonahlnformaidosi In addi(fon'to this completed application form, fMP=lJ the followtag items below;,it applicable; must be submitted in order for the application ' package fo tie:complefe, Items' .(a)='(0"are always apptiaabhi to any ine/or.development application: Please consulffhe eppbcefion instruction booklet on how topropedy prepans the. tequinbriftems 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 underwhich the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners.and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days In which to submit comments on the pro osed project to the Division of Coastal Management. Name tcwl, , _ - ry7l' .',Phone No: Acdr bs L�•:.� Y I °.i��i 12 . �at. � B^tLDD L `('dii . Br 7 �.J��+' , , ,name exy% c+� Phone No. Address llr J� L@,tll!'r5'1�QAf4 Y9• Uf.PEfl 6�Ifir idGor(/a� dr9"Ilsl Name 'Phone No '.Address 2,1f g. A list of previous state or federal permits Issued far work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, If applicable. . I. Wetland delineation, if necessary. , 1. A signed AEC hazard notice for projects In oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S, 113A i-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. I unaerstana mat any perms issueo in response to mis application win allow only me oevelopment eascnoeu in me appararuun. The'project will be subject to the conditions and restrictions contained In the permit. I certify that I an autitcrized M.grant, and do ?a fact grant permiss!on 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. XDate 1 -10 ' iii 1 { xPrint Name 1�Ci 11 �tr �4,ignature Please Indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fig Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development RECEI❑DCM MP-4 Structures Information REG E-I V ED DCM WILM NGTON. NC DOMWILMING ON, NO DEC 202013 JAN 1 0 2014 252-808-2808 .. 11.888-4RCDAST .. www.nceoastalmanagetnent.net Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 4C-PD'ED r BAN 21 1014 Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sw ypithe Joint Application that relate to this proposed project. Please include all supplemental information. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. Access Other Channel (NLW or Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater (excluding shoreline NWL) stabilization Length Width Avg. Existing NA N� Depth r . Final Project NA NA Depth 11. EXCAVATION IMThis section not applicable a. Amount of material to be excavated from below, NHW or NWL in cubic yards. c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ ❑WL ❑None (ii) Describe the purpose of the excavation in these areas: 2. DISPOSAL OF EXCAVATED MATERIAL a. Location of disposal area. c. (i) Do you claim title to disposal area? ❑Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ❑None (ii) Describe the purpose of disposal in these areas: b. Type of material to be d. High -ground excavation in cubic yards. This section not applicable b. Dimettsroo,�.'p'�dila(r ,`f r . •.. -pr , r' ;f',p r. d. (i) Will a disposal area be available for future ma!ntanance? ❑Yes ❑No ❑NA III) If yes, where? f. (i) Does the disposal include any area in the water? ❑Yes ❑No DNA (Ii) If yes, how much water area Is affected? RECEIVED DCM WILMINGTON• NC 252-808.2808 :: 1.888-4RCOAST :: www.nccoastalmanaaement.net rovisod: 12126.ro6 r I 4 t Form KDC1W MP-2 (Eucava&Ion and Brill, Page 2 of 2) , L3 SHOR UfflZSTAB1 ZAT1ON. !` ❑Thissectlonnotapplicable g MP 4 Strtictu esJ r a. Type of shoreline stabilization: \b, Length: MBulkhead ❑Riprap ❑BreakwaterlSill ❑Other: r Width: c. Average distance walerward of NHW or NWL. d. Maximum distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill AD Riprap _ Breakwater/Sill_ Other_ t. Source of fill material. 6140A t.tt dV-%r` I. (I) Has there been shoreline erosion during preceding 12 months? ❑Yes WNo ❑NA (i) If yes, stale amount of erosion and source of erosion amount Information. h. Type of fill material, TOPS&\ ; . 4 OPHER FId L 6lCTIV/TIES his secbori not appl/cable (ExGuding SiioreLne StdtilDzatlon) a. If yes, (i) Amount of material to be placed In the water (III) Dimensions of fill area _ (iv) Purpose of fill c. (I) Will nevi a"o ial aids be required as a result of the project? ❑Yes No ❑NA (it) It yes, explain what type and how they will be Implemented. Date A'a�:,117M 1i,1VX1� l 149: ♦ submerged aquatic vegetation (MI), shell bottom (SB), or other wetlands (WL)? if any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB _ ❑WL ❑Nona (it) Describe the purpose o1 the fill In these areas: d. (i) Will wetlands be crossed in transporting equipment to project site? []Yes Po ❑NA Qi) If yes, explain steps lhatwill betaken to avoid -or minimize environmental Impacts. rt slgriature DCM WILMINGTON, NC DEC Z013 252-808-2008 m 1-688.4RCOASY:: www.nccoastahnannnement.net F' tzUt=i =LJ revised: 12126106 DCM WILMINGTON, NC ]AN 1 n 20% N8W @ �qc�E of t+EW lButilK) ask 5z` - jo, S N� h BAN 21 2014 RECEIVED DCM WILMINGTON, DEC 202013 1JiCirhs�t WP . �39 -TOP or- wowp i� zc rms D i3�ictc+►EA� AG � �iuuc►�EA>? =ro ►`2>zf�nZ- {� nAATCR LOT b-T ; (Da A16 0o4 _ [Q3 CA4�e1�1t3urLc, 5E. Olt3 S1YE. ;;��(nrwl�KG�ni/ ] / 1 y f' a � F Lw* t l �I � : tS 1.. � � 5 kw� _ _ `✓ ' 1 LRO Nv Asia'. � ►JAW — -=-- . a II — - - _.', �� — . — — — � if Vlc lam rhna. a RECEIVED LAi��L111lQJ�l(LC� ucT : 0 4 DCM.WILMINGTON, NC, ,, �. •_ i� OcGAnI ISGr l�i,'ACN . ' sow.: 1= 5 DEC 2 02013 . �Llt35lJiG1� County . �,ac-,a� � -ova � , drawn On' i%4far 13. 1�C� ItL i�atil7G'� s �F'A Q:= NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Direc 110 RECMW Secretary January 14, 2014 JAN 21 2014 RECEIVED MEMORANDUM: JAN 15 2014 DCMMEiDC" DOA TO: Tim Walton STATE PROPERTY Dept of Administration OFFICE State Property Office FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: T ' agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Oppoeumly \ Affirmative Action Employer Pat McCrory Governor January 14, 2014 MEMORANDUM: TO: FROM: SUBJECT: Applicant: A LFIWA PURER R North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary Justin Whiteside Inspections Ocean Isle Beach RHCMVW ' JAN272014 tj ncnzMt�ca�y Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug HUggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: v This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED S:Z; /a� f0 DATE _ k' Z 4 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanagement.net An Equal Oppodunity 1 Affirmative Action Employer 01-15-'14 09:11 FROM- T-469 P0002/0002 F-821 �F 2 ,w r NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor January 14, 2014 MEMORANDUM: Division of Coastal Management Braxton C. Davis Director TO: Mark Zeigler WiRO Division of Community Assistance John E. Skvarla, III Secretary FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggettat the address above by February 7, 2014, If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED A Gv,,Ak � 441 DATE 127 Cardinal Ddve EA., Wilmington, NC 28405 Phone: 910-798-72151 FAX, 910-305-3964 Internet: www.ne=81almanagement.net An Equal oppA tty \Atr09ye AC0W EmpgYar ..ma LF"i 11��C NCDENR toy North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 14, 2014 RECEIVED MEMORANDUM: ,]AN 2 2 2014 TO: Debra Benoy District Manager Public Water Supply DC9t-MIMCrTy FROM: Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: /_'*�, This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. —This agency objects to the project for reasons d scribed in the attached comments. SIGNED" A" DATE 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796.7215 \ FAX: 910-3953964 Internet: www.ncrostalmanaoement.net An Equal Opportunity 1 Affirmative Action Employer Recommendations for State Permit —Marshall M. Newton O1/14/14 The project site is located adjacent to a man-made canal system and all of the lots have been stabilized with bulkheads. The proposed bulkhead will extend no further below NHW than necessary to align with the adjacent bulkhead to the north and south. The alignment should not result in significant adverse impacts to public trust rights or to the property of adjacent riparian property owners because the bulkhead will not extend beyond the adjacent bulkheads. This is a nonoceanfront area. Based on these factors, it is recommended that a permit be issued to authorize the construction of bulkhead as proposed in the applicant's submittal. It is our opinion that the filling of the wetlands present water ward of the existing bulkhead, along with the creation of approximately 70 square feet of coastal wetland habitat do not create a significant adverse impact. It is the staffs recommendation that the proposal to construct a bulkhead is CONSISTENT with the Rules of 15 NCAC 7H.0205 (d) Use Standards for Coastal Wetlands, Rules of 15 NCAC 7H.0206 (d) Use Standards for Estuarine Waters, Rules of 15 NCAC 7H.0207 (d) Use Standards for Public Trust Areas and Rules of 15A NCAC 07H.0208(b)(7) Specific Use Standards for bulkheads. As proposed, this office has no objections to the proposed project and any permit issued should include the following conditions: 1. The bulkhead alignment will approximate the mean high/normal water level at the time of construction 2. The alignment of the authorized bulkhead must be staked by a representative of the Division of Coastal Management within a maximum of 30 days prior to the start of construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse weather conditions will require the alignment to be restaked by DCM within a maximum of 30 days prior to the new expected start of construction. The bulkhead must be constructed prior to any backfilling activities. 4. The bulkhead must be structurally tight so as to prevent seepage of backfill materials through the structure. S. The bulkhead must be solid and constructed of treated wood, concrete slabs, metal sheet piles or other suitable materials approved by department personnel. No excavation is permitted except for that which may be required for the construction of the bulkhead wall, riprap, deadmen cables, etc. This permit does not authorize any excavation waterward of the approved alignment. 6. The fill material will be clean and free of any pollutants except in trace quantities. Metal products, organic materials, or unsightly debris will not be used. RECEIVED JAN 16 2014 5 Relommendations for State Permit —Marshall M. Newton 01/14/14 7. All backfill material will be obtained from a high ground source and confined behind the permitted bulkhead. 8. No backfill material is to be placed within 30 feet of the normal high water line, except that which will be used to backfill the area behind the permitted bulkhead. 9. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 10. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 12. Future development on the permittee's property may require a modification of this permit. Contact a representative of this Division at (910) 796-7215 prior to commencement of any such activity for this determination. 13. The construction of the proposed project shall be in compliance with all local, State and Federal regulations and associated permit conditions. NOTE: The permittee shall be required to install and maintain a proper sedimentation and erosion control structure to prevent sediment run-off to the adjacent waters or marsh. JAN 16 2014 DMMRDciry WA rCDFN-R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor L. ILA, DI .1L.. D-3 Director Secretary January 14, 2014 R��'�_1,41_eenn MEMORANDUM: TO: FROM: SUBJECT: Applicant: Maria Dunn NCWRC WaRO / WiRO tom: tl J4.�'..S4iA�1 n�l�l Doug Huggett, NC DENR-DCM Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Marshall M. Newton Project Location: 67 Laurinburg St., adjacent to a man-made canal off of the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: remove & replace existing bulkhead, and fill approx.110 sq. ft. of coastal wetlands Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by February 7, 2014. If you have any questions regarding the proposed project, contact Holley Snider at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: � ,/This agency has no objection to the project as proposed. v This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 1-11-z 23� 127 Cardinal Drive Exl., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www nccoastalmanagement.net An Equal Opportunity} Aiilrna6va Action EmPcyai -46 ICU R North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvada, III Governor Director Secretary January 27, 2014 Mr. Marshall M. Newton 3056 Johnson Mill Road Raeford NC 28376 Brunswick County DWR Project #: 14-0051 Subject Property: Bulkhead Replacement — 67 Laurinburg Street, Ocean Isle Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. Newton, You have our approval, in accordance with the attached conditions and those listed below, to place fill within or otherwise impact 0.003 acres (110 square feet) of 404 wetlands. in order to repair and replace an existing bulkhead, as described within your application received by the DWR on January 15, 2014. After reviewing your application, the proposed impacts are covered by General Water Quality Certification Number 3890 (GC3890). This Certification allows you to use Nationwide Permit 18 when issued by the US Army Corps of Engineers (USACE). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control and Non -discharge regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permits. This approval is for the purpose and design that you described in your application If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must he given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Mende, Butts.SNmwater—Comp)'unoaand PerrnbM(Pdebs®pe)UnII Zarolina 1650 ROW ftft center. Raleyh, North CamltnaMWI650 � Phone:: 9-8 N. Salsbury , Ral�g - Nmlh Cetarrne 27604 „���Phone:91981N.SaIm urySt.Rel*h,d941Custorner aroka276rv4•1-077�216746s Internet vnw.noratarquardy.ory 2 67 Launnbu`g Strad -OM Bnmsuack County 2014-0051 The Additional Conditions of the Certification are: 1. Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this Certification (or Isolated Wetland Permit) are met. No other impacts are approved including incidental impacts: Impact Type I Amount Approved nits Plan Location or Reference 404 Wetlands(Permanent) 0.003 acres 110 Square Feet CAMA Major Application 2. Standard Erosion and Sediment Control Practices Erosion and sediment control practices must be in full compliance with all specifications governing the proper design, installation and operation and maintenance of such Best Management Practices: a. Erosion and sediment control measures for the project must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual. b. Design, installation, operation, and maintenance of the sediment and erosion control measures must be such that they equal, or exceed, the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) projects, including contractor -owned or leased borrow pits associated with the project. c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated, and maintained in accordance with the most recent version of the North Carolina Surface Mining Manual. d. Reclamation measures and implementation must comply with the reclamation in accordance with the requirements of the Sedimentation Pollution Control Act. e. Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times. 3. No Waste, Spoil, Solids, or Fill of Any Kind No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian areas beyond the footprint of the impacts depicted in the Pre -Construction Notification and authorized by this written approval, including incidental impacts. All construction activities, including the design, installation, operation, and maintenance of sediment and erosion control Best Management Practices, shall be performed so that no violations of state water quality standards, statutes, or Hiles occur. 3 671awmburg SLat- 01B Bnmswick County • 2014.0051 4. No Sediment & Erosion Control Measures w/n Wetlands or Waters Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval by DWR If placement of sediment and erosion control devices in wetlands and waters is unavoidable, then design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or stream beds or banks, adjacent to or upstream and downstream of the above structures. All devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Energy, Mineral, and Land Resources has released the project. S. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 Oversight/Express Review Permitting Unit, North Carolina Division of Water Resources,1650 Mail Service Center, Raleigh, NC, 27699- 1650. The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal Law. If the Division determines that such standards or laws are not being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, then the Division may reevaluate and modify this General Water Quality Certification. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permits. You can contest this Certification 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. You may obtain a petition form from the Office of Administrative Hearings at http://www.ncoah.com or call (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this Certification, you must file the petition with the Office of Administrative Hearings. A petition is considered filed when the original and one (1) copy is received in the Office of Administrative Hearings dining normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the Office of Administrative Hearings at (919) 431-3100, provided the original and one copy of the petition is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. r Mailing address for the Office of Administrative Hearings: Office of Administrative Hearings ` 6714 Mail Service Center ` Raleigh, NC 27699-6714 ; , ; 4 67 LmabbuTS Street - OIB Btuaawick Cmmry 2014-OOSI One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Unless such a petition is filed, this Certification shall be final and binding. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-7215. Sincerely, Rtor6as ll- o (--I 'try, A. 1Reeder lv�'Division of Water Resources Enclosures: Certificate of Completion GC 3890 cc: Ronnie Smith — USACE Wilmington Field Office Karen Higgins — 401 and Buffer Permitting Unit Holley Snider — DCM Wilmington WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Butter Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: Agent's Certification I, . hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, . as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Bather Rules, the approved plans and specifications, and other supporting materials. i Signature: Registration No. MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Marshall Newton, Ocean Isle Beach — Brunswick County Date: March 25, 2014 The applicant proposes to remove the existing deteriorating bulkhead and reconstruct approximately 50 linear feet of bulkhead with approximately 110 sq ft of coastal wetland fill. The project is located at 67 Laurinburg Street in Ocean Isle Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are EW, ES, CW and PT. Waters at the project site are classified as SA and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Ocean Isle Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Conservation. In general, the Town of Ocean Isle Beach allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The Town of Ocean Isle Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Ocean Isle Beach Land Use Plan. Cc: File Howell, Jonathan From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil] Sent: Tuesday, March 25, 2014 12:07 PM To: Howell, Jonathan Subject: RE: Marshall Newton, Bulkhead Construction, 67 Laurinburg Street (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE This is the condition. 1.) The applicant shall restore approximately 70 square feet of wetlands by removing a portion of a bulkhead. The area where the bulkhead will be removed shall be returned to a grade equal to that of the adjacent wetland/marsh. -----Original Message ----- From: Howell, Jonathan [mailto:jonathan.howell@ncdenr.gov] Sent: Tuesday, March 25, 2014 11:54 AM To: Smith, Ronnie D SAW Subject: [EXTERNAL] RE: Marshall Newton, Bulkhead Construction, 67 Laurinburg Street (UNCLASSIFIED) Do you have a copy of your conditions? You the man buddy. Not trying to stress you, but I was given some marching orders and need to clear some stuff of my desk. You might be hearing from me a lot today. I know you are maxed out too. Let me know if you need anything from me. Jonathan -----Original Message ----- From: Smith, Ronnie D SAW [mailto:Ronnie.D.Smith@usace.army.mil] Sent: Tuesday, March 25, 2014 10:20 AM To: Howell, Jonathan Subject: RE: Marshall Newton, Bulkhead Construction, 67 Laurinburg Street (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE I issued that one too. The only condition I included was for the removal of the bulkhead to restore the area to natural grade equal to adjacent to coastal wetlands. Ronnie -----Original Message ----- From: Howell, Jonathan [mailto:jonathan.howell@ncdenr.gov] Sent: Tuesday, March 25, 2014 10:16 AM To: Smith, Ronnie D SAW Subject: [EXTERNAL] RE: Marshall Newton, Bulkhead Construction, 67 Laurinburg Street (UNCLASSIFIED) Hey Ronnie, anything on this one? Hoping to get it out today also. Thanks. 1 Jonathan -----Original Message ----- From: Smith, Ronnie D SAW[mailto:Ronnie.D.Smith@usace.army.mil] Sent: Wednesday, January 22, 2014 3:17 PM To: Howell, Jonathan; Snider, Holley Cc: Steenhuis, Joanne Subject: Marshall Newton, Bulkhead Construction, 67 Laurinburg Street (UNCLASSIFIED) Classification: UNCLASSIFIED Caveats: NONE I received the application for the proposed bulkhead construction. The project will most likely be processed with NWP 18. I am going to solicit comments from federal agencies. The AID for this project is SAW-2014-00156. Ronnie D. Smith Project Manager US Army Corps of Engineers Wilmington Regulatory Field Office 69 Darlington Avenue Wilmington, North Carolina 28403-1343 Phone: (910) 251-4829 Fax: (910) 251-4025 Email: ronnie.d.smith(@usace.armv.mil We would appreciate your feedback on how we are performing our duties. Our automated Customer Service Survey is located at: http://pert.nwp.usace.army.mil/survey.htmi <http://pert.nwp.usace.army.mil/survey.html> Thank you for taking the time to visit this site and complete the survey. Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE Classification: UNCLASSIFIED Caveats: NONE 2 r DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT I. APPLICANT'S NAME: Marshall M. Newton 2. LOCATION OF PROJECT SITE: 67 Laurinburg Street, Ocean Isle Beach, Brunswick County Photo Index - 2006:1-6155 J, 5 2000: 1-8 J, 5 1995: 1-9 I, 18 State Plane Coordinates - X: 2171076.140 Y: 52580.351 Lat:33°53'35.26"N Long:78°26'10.91"W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 06/25/13, 01/13/14 Was Applicant Present — No, No 5. PROCESSING PROCEDURE: Application Received — 01/10/14 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Ocean Isle Beach Land Classification From LUP — Residential (B) AEC(s) Involved: EW, PT, ES, CW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment:Existing — Municipal Planned - None RECEIVED (F) Type of Structures: Existing —Single family residence, bulkhead and docking facility Planned-50linear feet of bulkhead (G) Estimated Annual Rate of Erosion: N/A JAN 16 2014 Source — N/A DC114MCITY 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) High Marsh Low marsh 110 sq. ft. (B) Non -Vegetated Wetlands Open Water (C) Other 1,320 sq. ft. uplands (D) Total Area Disturbed: 1,430 sq. ft. (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SA Open: No 8. PROJECT SUMMARY: The applicant proposes to remove the existing deteriorating bulkhead and reconstruct approximately 50 linear feet of bulkhead with approximately 110 sq. ft. of coastal wetland fill. Marshall M. Newton Page Two WFAVED `d PROJECT DESCRIPTION JAN 16 2914 DC. h. The project site consists of a canal front lot located at 67 Laurinburg Street, in theca of Ocean Isle Beach, Brunswick County. To find the project site, travel south on US Highway 17 to Ocean Isle Beach Road SW. Turn left onto Ocean Isle Beach Road SW and travel approximately 4 miles to the Ocean Isle Beach high rise bridge. Cross the bridge and turn left onto East 2"d Street and proceed approximately 0.15 miles to Laurinburg Street. Turn left onto Laurinburg Street and the project site will be located on the left. The project site is a canal front lot that measures approximately 50 feet in width by approximately 130 feet in depth. The elevation of the high ground area of the lot averages approximately 3.5 feet above normal high water (NHW). High ground vegetation consists primarily of lawn grasses, woody shrubs, and landscaping. An existing single family residence is located on the property. The shoreline has been stabilized with a bulkhead that has an irregular alignment. The existing bulkhead is located approximately 5 feet landward of the existing adjacent bulkhead to the south at the shared property boundary. The bulkhead then extends to the north, parallel to the shoreline for a distance of approximately 22 feet. The bulkhead then extends to the west, perpendicular to the shoreline, for a distance of approximately 5 feet. The bulkhead then turns back to the north, parallel to the shoreline, for a distance of approximately 28 feet. This portion of the bulkhead is angled outboard and is approximately 5 feet outboard of the adjacent bulkhead to the north at the shared property boundary. The normal high water (NHW) boundary is located along the bulkhead. Coastal Wetlands are present water ward of the bulkhead and consist primarily of Smooth Cordgrass (Spartina alterniflora). The coastal wetlands are, on average, 15 feet in width as measured from the adjacent bulkheads. An existing docking facility is constructed waterward of the existing bulkhead and consists of a 4 feet wide by12 feet long access walkway, connected via ramp, to a floating dock measuring approximately 8 feet in width by 16 feet in length. The adjacent properties are home to single family residences with docking facilities and both shorelines have been stabilized with bulkheads. There are no known archaeological sites located within the project vicinity. The Ocean Isle Beach Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high ground portion of the project area as Residential. The waters of the manmade canal and the AIWW are classified SA by the Division of Water Quality and are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to remove the existing deteriorating bulkhead and reconstruct approximately 50 linear feet of bulkhead with approximately 110 sq. ft. of coastal wetland fill. The applicant proposes to remove the existing bulkhead and to reconstruct the bulkhead to align with the adjacent bulkheads to the north and south. In order to construct the bulkhead in alignment with the adjacent walls the section of the wall on the southern portion of the property, approximately 22 feet in length, would have to be aligned approximately 5 feet water ward of the existing bulkhead alignment. The new alignment would fill an area of coastal wetlands, primarily Smooth Cord Grass (Spartina alterniflora), Marshall M. Newton Page Three measuring 22 feet in length by 5 feet in width located below NHW. The section of the wall on the northern portion of the property, approximately 28 feet in length, would be removed to align with the adjacent wall to the north. The removal of the existing bulkhead would result in excavation of approximately 70 square feet of high ground to match the existing grade on the water ward side of the existing bulkhead. As proposed, the bulkhead would be constructed a maximum distance of 5 feet water ward of the NHW boundary. As proposed, the bulkhead alignment would connect to the existing bulkheads of the adjacent riparian properties to the north and south and would measure approximately 50 feet in length. The limits of high ground disturbance would be located approximately 25 feet landward of the proposed bulkhead alignment. No changes to the existing docking facility are proposed. 10. ANTICIPATED IMPACTS The proposed new bulkhead construction with associated backfill and tie back/anchor system would result in the filling of approximately 110 square feet of coastal wetlands, primarily Smooth Cordgrass (Spartina alterniflora) and estuarine waters. The proposed bulkhead alignment would result in the creation of approximately 70 square feet of coastal wetland habitat. The proposed bulkhead construction would result in the disturbance of approximately 1,320 square feet of high ground. Minor increases in turbidity should be expected during construction Submitted by: Holley Snider Date: January 14, 2014 Office: Wilmington tRECEIVED JAN 16 2014 DCM-MHDCITY GI WN R North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary January 14, 2014 Marshall M. Newton 3056 Johnson Mill Road Raeford, NC 28376 Dear Mr. Newton: The Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located at 67 Laurinburg Street, adjacent to a man-made canal, in the Town of Ocean Isle Beach, in Brunswick County. It was received complete on 01/10/14, and appears to be adequate for processing at this time. The projected deadline for making a decision is 03/26/14. 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 January 10, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property, or at a point along the road right-of-way where a private road would lead one Into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Pely,RECEIVED JAN 16 Z014 Snid Coastal Man gement Representative DCM MM CITY Enclosure cc: Doug Huggett, DCM Debra Wilson, DCM Justin Whiteside, Town of Ocean Isle Beach LPO Ronnie Smith, COE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.n=astalmanagement.net An Equal Opportunity 1 Affirmative Action Employer NOTI(01$16,�, ..AMD PERMIT ,�PPL ED FOR Applicant proposes to replace the existing iJEC coastal .\ \T.IA[iTM 7 COMMENTS ACCEPTED THROUGH Fohrualy Z 2i .-• u T?ars%-all M. Newton3056 Johnson u ill Rd. FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Holley Snider, Field Representative 910-796-7215 ru Cc O Y M1 Y O fL M O M O O S -D fU O M1 Postage E Cedmed Fea 0 • - U$ Posenad Retum gace1pt Fee Here (Endorsement Required) geMlcted �eINA%Fee (Endorsement Required) f; • Sd ) - 7Mal Postage & Fees ,$ Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Melia or Priority Mail, ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail ■ For an additional fee, a Return Receipt may be requested to provide proof Of delivery. To obtain Return Receipt service, please complete and attach a Return Receipt (PS Form 38111 to the article and add applicable postage to cover the fee. Endorse mailpiece Return Receipt Requested". To receive a fee waiver for aeqduplicate return receipt, a USPSO postmark on your Certified Mail receipt is ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with the endorsement "Restricted Delivery". ■ If a postmark on the Certified Mail receipt Is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present It when making an inquiry. PS Form 3e00, August 2005 fReversv) PSN 7SM-02-000-9047 Receipts for Certified Mail (Staple Here) 11 /o t Property m Mailin Adddress Chi t tc 9i 4 (y q City, State, Zip Code Dear Adjacent Property: /{] This letter is to inform you that I, ' �IUr5��1 I� IPP. /(,�t� have applied for a CAMA Major Property Owner Permit on my property at W i w✓ih 19u6 SI lWIC in BRUNSWICK P erty Address County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection forth. If you have any questions or comments about my proposed project, please contact meat g n-W-I -O 14 5 or by mail at the address listed below. If you wish to L Applicant's Telephone file written comments or objections with the CAMA Minor Permit Program, you may submit them to: Holley Snider, Field Representative NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 JOW d Mailing Address Z2,,'Ad AAC a4376 City, State, Zip Code RECEIVED JAN 16 2014 3'CA' bfED CITY RECEIVED DCM WILMINGTON, NC DEC 202013 ,n .. - M1 O 7 M1 S O Postage $ fu Codified Fee O G Return Receipt Fee p (Endorsement Required) O Restricted Delivery Fee O (Endorsement Required) S ..G Total Postage 8 Fees 9 Sent To lu ri C3 M1.----------- . ..... .0 . ... ..... s4reer. AV .; or Po Box No. 1................ AL USA I o� SQ,II1) Poona, HIM ill.lJil 43.5f, 1 11127I2016 Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First -Class Mail® or Priority Mall®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please consider Insured or Registered Mail. ■ For an additional fee, a Return Receipt maybe requested to Provide proof of delivery. To obtain Return Receipt service, please complete antl attach a Return Receipt (PS Form 3811) to the article and add applicable postage to cover the fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPSe postmark on your Certified Mail receipt Is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant. Advise the clerk or mark the mailpiece with the endorsement "ResMcted Delivery". ■ If a postmark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. PS Form 3800, August 2006 (Reverse) PSN 7530-02-ON-9047 Receipts for Certified Mail (Staple Here) to AdjacentProperty Owner -S � a�wla, M flingre A d� , ,� 3y City, State, Zip Code Dear Adjacent Property:This letter is to inform you that I, �✓ J I / I, ► I �^ have applied for a CAMA Major Property Owner Permit on my property at b7 LAco`6o, S} O i in BRUNSWICK P rty Address County. As required by CAMA regulations, I have enclosed a copy of my permit application and project drawing(s) as notification of my proposed project. No action is required from you or you may sign and return the enclosed no objection form. If you have have any questions or comments about my proposed project, please contact me at or by mail at the address listed below. If you wish to Applicant's Telephone file written comments or objections with the CAMA Minor Permit Program, you may submit them to: Holley Snider, Field Representative NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Sincerely, Property Uwner S ( , )Jhry,n a, It Mailing Address` GeQjc% Mc /-3hs '1�/ s City, State, Zip Code REM'ED I 'AN 16 2014 DCvv'MrM CYry RECEIVED DCM WILMINGTON, NC DEC 202013 �'(C.7 L v� '�� IIIiTC 1111111111111111111111 8331�a P0151 `2 00121 F� IM V'.hl C� a _ Cdsn $ _ r,..• • _.Fif=a a. tianM rut 1 Wl�ll .--""'�-�]A7an: era. ,..,,•urnyn7ppd eedifT GU -- -��Ratum To: BB3T ML Poet Cl , P.O. Box 30 G q�Q Greenville, QOI B C�i�� Pewmd BY: BB&T S Susan M. Saturno, XMrney MIN 100159966164349754 DeMillons Words used in nwlliple sections of this d tll��elb other words are defined in Sections 3, 11, 13, 18, 20 and 21. 6gajng"tlnyhpgt;,QX'3yords used in this document are also provided in Section 16. C " (A) "Security Instrument" means this document, which isitelNB 9/28/2012 , together with all Riders to this document. (B) •Borrowee is Marshall M. Newton and Allison P. Newton Borrower is the truster under this Security Instrument (C) "Lander is Branch Banking and Trust Company Lander is Corporation 'I�N, r p organized and existing under the la., r� IQr �[r^I o a "U eGb�1FPd�AIL lJv _... eeuKasrs � ®�" �4w,aamlryiaiNeNwlfrNCMNN UMIf01M1 WSTmMI W OIIM K4"W itnneY Sprba Lv Ce rosnurer fan]O, trot VMPoa n+10 +aft � y RECEIVED �'I N 16 2014 DCM•MHD CITY DCM WILM NIGTON, NC DEC 2 02013 ' 09-28-2012 #IIpf IlNllll��ll��l�lir Base M. Cla 's "Of of needs page 2 of 21 Lender's address is 223 West Nash Street, W11son, NG 27893 (C-1) The name of the Mortgage BNYec is N/A n ,c'#aL`' (0) "Trustee" is Jennifer G crg,.L �sucic. (E) "M ERS" is Mortgage Electronic Registration Systems,ItERS is a separate corporation that is acting solely as a nominee for L®der and Leader'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, Flint, MI 48501-2026, led. (888) 679-MERS. (F) "Note" means the promissory n ed by Bo *I of the date hereof . The Note states that Borrower awes 1�ernG1�n 'ILy Thousand And Zero/100 Dollars(U.S.l 4S0,000 W his interest. Borrower has promised to pay this debt in regular Periodic Payments and to pdy9bt in full not later than October 01. 2027 . (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (H) "Loan" means the debt evide by the Note, plus inwreslya�(°ty'prepayment charges and late charges due under [he Note, and due $�ec!)tt[K. tmmen[, plus interest. (I) "Riders" means all Riders led by Borrower. The following Riders are to be executed t tce , Adjustable Rate Rider 1 Condominium Rider ' ' X Second Home Rider Balloon Rider - Planned Unit Development Rider 1-4 Family Rider _._ VA Rider Biweekly Payment Rider Other(s) [specify] (J) "Applicable law" means all w - ing applica�tlar+v�,�md local statutes, regulations, ordinances and administrative odes .(iaslaltkect of law) as well as all applicable final, non -appealable judicial �p"tt �;1 I;f �.�' syt" (K) "Community Association "s, Fear, an�� " mums all does, fees, assessments and other charges that are imposed on Borrower or the Pr by a condominium association, homeowners association or similar organization. (W "Electronic Funds Transfer" meets my transfer of funds, other than a transaction originated by check, draft, or similar paper inswment, which is initiated through an electronic terminal, telephonic instrument, comptl„T r magnetic tape an a6 to or v �inswct, or authorize a financial institution to debit or credit an ac Such t ilam limited to, point -of -sale transfers, automated teller machin automated clearinghouse tran'`,i` e �i3 mtialed by telephone, wire transfers, and fferk ra/l t iaC:NllL _ 061e434075 �V /� 7001147re1 NOarH CAROLINA-S'M91F. IVF—Ism MR.66" Mac UNIFpN INSTRUMBIT y{71TN�1 � FWMa0H— VMP8 a`V". Sy Y.mary VMPoAalc111110) w.."R,"nF—.1 am cp P .r 01e n�>j �i 1 RECEIVED DCM WILMINGTON, NC DEC 202013 nnfn�ImoI" , .UIIIINtiIINf#HI II III III I III II III a33is �at5s �-a-" NJ >`✓�u vv erena, n. clameen. pas °"erwmul5k. CountV. HC Regislar of needs page 3 of 21 (M) "Escrow Items" means those items that we described in Section 3. IN) "M iscellammus Proceeds" means any compensation, settlement, award of damages, or proceeds paid by my third party (other`tbas insurance proceeds paidd undefjthe coverages described in Section 5) for: (i) damage to, or destmcnondKjhe Pr�yt,'(fyr coo tion or other taking of all or any part of the Property; (in) convey ??pp IW1( Fan; or (iv) misrepresentations of, or omissions as to, the value an�/otl io),I� the PropYslYyV61nG7Q/L �G�2^_ r (0) "Mortgage Insurance" means insurance protecudg _paint the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled annual due for (i) principal and interest under the Note, plus (n) any amounts under Section 3 of this Security Instrument. (0) "RESPA" means the Real Esipp Settlemeat Procedures Act ;lest. S.C. Section 2601 et seq.) and its implementing regulation, Regulauk" (24 C.F.$�P - ytey might be amended from time to time, or any additional or succeasorjdt� on that governs the same subject matter. As used in this Security Instrmudlfti,''Al �" refers 1#4xp.gw'm aes and restrictions that are imposed in regard m a "feder ly ,related mortgafAM ,even ifthe Loan does not qualify as a ;. "federally related mortgage loan" under RESPA (R) "Successor In Interest of Borrower" means my party that has taken title to the Property, whether or not that party has assumed Borrower's obligations trader the Note and/or this Security Instrument - Transfer of Rights in the Propefty;�,, The beneficiary of this Security instrumentag Aohfee for lender and Lender's successors and assigns) and the suc oL ml$ ty Instrument secures to Lender: (i) the repayment of the LI iedp , Y imas� ifications of the Note; and (it) the performance of Horrower'a covenants and a " der this Security Instrument and the Notes For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns, in truSS with power of sale, the following described property located in the County of Brunswick ('Type of Recording Jurisdiction) (Noise of Recording Ju-diciion) 9 & Jxma r- �Ef ATi7'ALHED"�,., �U l l; I�OOG�� b _. seieaaaers MOMX Lg00'.INgSin0la ignYl4wn4 Meelf,WIFYS UNIF01M N0TRwelT� ) VMV® BM,en SYM"nsn Wapea aW"r iinnwl Service 6 rt C�P F wa " � 2?((,I7X� =1 vUy��csz77 t� rennnrrr Fmm 3034 Val W"11140t1110) FW etle RECEnD JAN 16 2014 DCM•MM Crry RECEIVED DCM WILMINGTON, NC DEC 202013 bh B3318P0154a0aa35Magi RON 'llruna✓lek County, NC Register of needs Pape 4 of 21 Parcel 10 Nunber: 243MAD27 which currently has the address of 67 Laurinburg St 01-0 Ocean Isle Beach �, (City), North notion 28469 (Zip Code) ("Property Address"): -'erg �? %nl\,� TO HAVE AND TO HOLD this pro t tce'a successors and assigns, forever, together with all the improvements osjr erected , and all easements, appurtenances, and fixtures now or hereafter a pp 'dl<4)-' .All replacements and additions shall also be covered by this Security Instmmrnt. All of the foregom All to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nomince for Lender and Lender's successors and assigns) bas the right: to exercise any or all of thou interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but nof",ted to, releasing pry), btltj this Security Instrument. BORROWER COVENANTS that Bono ' e estate hereby conveyed and has the right to grant and convey the Prop yhla P ererty' , except for encumbrances of record. Borrower warrants and will genera', the Property against all claims and demands, subject to any ®cumbrmces of record. 1�-121 s THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. Uniform Covenants. Borrower and der covenant and agree as fpll�ws: 1. Payment of Principal, Interest, 6&ratrrjj k��af ) Prepay6til ib Charges, and Late Charges. Borrower shall pay when due,"{��r,'�^.� 1. td ihteb[ evidenced by the Note and any prepayment charges and to aaarges dtYd e o e. war shall also pay funds for Escrow items pursuant to Section 3. Paymrnts due ote and this Security Instrument shall be made in U.S. currenry. 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 Segprity Instrument be made in one or more of the following forms, as selected by Lender: (a) rash; (b) money order; (c) certified check, bank chd"'w4easurer's check or cashier's hefk, provided any such check is drawn upon an institution whoa is are insyta��sgiaa" fe 411agency, instrumentality, or entity; or (d) Electronic Funds Transfer j- r' � Payments are deemed rceerv,�i�llade( r ivy tion designated in the Note or at such other location as may be iiesignal by pace with the notice provisions in Section 15. Lender may return any payment or partial paymedt if the payment or partial payments are insufficient to bring the Loan ourtent. If Borrower bas breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 the Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any,{ights hereunder or prejudice to i rights to refuse such payment or partial payments in the future, �I6pj 4nd� is not obljg _aFn�[bi-guch payments at the time such payments are accepted. If each Perini a d7� aA ns scheduled due date, than Lender need not pay interest on uturpPli i t i 4W?)S��npplied funds until Borrower eeleaaaers ''��11 1TO a NnarH CeRnIINa.&ngle GamYY Fannb Y WikOtlk MOOaXKfMM tl6ralYerT YrI1Ni Po. 303477 VKG®anYda draws» �������GGSISSS WpAs4CW1101 WOXan NMn Flnancvl $eaves Pep a .11a I RECEIVED DCM WILMINGTON, NC DEC 202013 C � Jjjf IlI1111 Ill III IIf 111111 a3318&aI ea_ZaZ°'z ,.: as:2e. oo, /1 Brands M. Clea5 ' PROF rWa4atAt Co,mly, NC Register of Deeds page s of 31 makes payment to bring the Loan current. If Borrower does not do an 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 og landing principal balance under Note immediately prior to foreclosure. No offset or claim i)E 1113 migh y{p in the future against Lender shall relieve Borrower from making payni" 5 4h t`Tiis Severity Instrument or performing the covenants md.`�gt \i'=c ed by t M-Wnstrument. 2. Application of Payments Of��Iro" ceeds.'E�c�ui( a� describad in this Sailor 2, all payments accepted and applied by Leader shall be app)t following order of priority: (a) interest due under the :Vote; (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 chug", second to my other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment fro rtower for a�51' dic Payment which includes a sufficient amount to pay any late char d�i F _ Mmssy'be applied to the delinquent payment andthe late charge. If more �&io�le ymet() 4,4y 1nLender may apply any Payment received from Borr e e Periodic Payments if, and to the ext®t that, each payment can be paid in full. To the exten ` ;excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may he 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,cipairance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or po ee the due date, or Rit nount, of the Periodic Payments. 3. Funds for Escrow Items. Borrow~ ��i on the day Periodic Payments are due under the Note, until the No is ifr a smn (tbRVAci4% 'do provide for payment of amounts due for: (a) taxes aoda 1t "C"which can attain priority over this Security Instrument as a lien or encumbrance on the i (b) leasehold payments or ground rents on the Property, if my; (c) premiums for my and all insurance required by Lender under Section 5; and (d) Mortgage insurance premiums, if any, or soy sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may rcquird'*Community Association .I)up',j Fees, and Assessments, if any, be escrowed by Borrower, and such rof&gfees aqd efts/�sfrdMl-� an Escrow Item. Borrower shall promptly famish to Lender all pa''id under this Section. Borrower shall pay Lender the Foods for Escrowf 4tt'`tyil24s er wa 's obligation m pay the Funds for any or all Escrow Items. Lendef may waive �gplion to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only` writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amoum s due for any Escrow Items for which payment of Funds has been waived by Lender sod, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payntgnts and to provide receipts shall for all purposes be deemed to be a covenant and agreement cantai"if jp this Security Instmmiwl�.�¢s-jhe phi sse "covenant and agreement' is used in Section 9 If`il`k" g }y,PayERerow Items directly, pursuant to waiver, and Borrower fails to tl�i Pt ran Escrow Item, Lender may exercise its rights 6616415Is __. __. V (JC1u 4() a�p�y� r00]I]er NORTH GNOL'.NI,3 WFair-FailleMp rWdW Y:IINIFOIU INSTRUNm�WILa FOm 10341101 vaPe enia.BMNMa ""•:"� vUKA C)5j11101 WOXasNNwIN avN[u Pyi5 W16 u [�L r '� JAN 16 2014 DMI MHD CITY RECEIVED DCM WILMINGTON- NC DEC 2 02013 Iar—j tIC..ty, NI.el.t. a �.e P0156 6 an, Brenda A Clemwana pair "a' 6 of xr under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Leader any such amount. Leader may revoke the waiver as to any or all Escrow Items at my time by a notice given in accordancA.with Section 15 and, upon such�A� �vocation, Borrower shall pay to Lender all Funds, and in such alt.9, that are thgq�i2elh this Section 3. Lender may, at any time, toll dun[ (a) sufficient to permit Linder to apply the Funds at the time sstee#ESPA, aY91d1iexceed the maximum amount e lender can require under RES�pA. Lender owt of Funds due on the basis of current data ad reasonable estimates of expenditures of hit Escrow Items or otherwise in attendance with Applicable Law. The Foods shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Leader, if Leader is an institution whose deposits are so insured) or in any Federal 116me Low Bank. Lender shall apply,. a Funds to pay the Escrow Items no later than the time specified SPA.. ge Borrower for holding and applying the Funds, annually mal n 9�c'.uv ' or verifying the Escrow Items, unless Leader pays Borrower intereyl Appl�ermits Lender to make such a charge. Unless an agreement a in '*, J"pble Law requires interest to be paid on the Funds, Lender dull net 6e required to pay Borrower aiij &KI st or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Foods as required by RESPA. If there is a surplus of Funds*d in narrow, w defined under PA, Lender shall account to Borrower for the excess funds i dance with AptIf`ith js a shortage of Funds held in escrow, w defined under RESPA, a I� (,ofivwer as required by RESPA, and Borrower shall pay to Lend -th o' er`y -to, c shortage in accordance with RESPA, bul is no more than' l,'. ly p] tis,,�. �I"�he�r�e a%ficiency of Foods held in escrow, as defined under RESPA, Lender shall notify Harrower wired by RESPA, crud Borrower shall pay to Leader 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, Lender shall promptly refund to Borrower any Foods held by Lender. 4. Charges; Liens. Borrower sl lf9diatth s,As, ,� , fines, and impositions attributable tu the Properly whic�' Security Instrument, leasehold payments or ground rents ony, end _ Association Dues, Fees, and Assessments, if any. To the f ow Items, Borrower shall pay them in the manner provided in Section 3.c3� Borrower shall promptly discharge any lien which has priority over this Security Instrument wless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a mariner acceptable to Leader, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defeso, against enforcement of the lien ' legal proceedings which in but p' perm p ;; Q��e rc � fr le those proceedings are pending, n the holder of the lien w Lender's opinion o to re but only until such proceedings are agreement satisfactoryto L �n ty Instrument. If Lender aeaauorrs V �. /, _ roonnru «omncsaorwx.saobrarnrm r�".uwamuasua�marwwe�T 1 irem aaro area rope iwaea araema>r wnatxei oral wa.n xe.e r.n�w s.,. va.l are g Do RECEIVEL DCM WILMINC,TO r%I wF DEC 2 0'I.Oi3 LLa U' 0111111111011 Bads F0157 0,91 ze,�a 1a: aa.7a B01 Brunwlck (:w1tY NC Bplatwr of Dooda page 7 of 21 determines that any part of the Property is subject to alien 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 glen, Borrower shall satisfy the Iiery or take one or more of the actions set forth above in this Sechon _ �_� �f S. Lender may require Bor%p@ ,��d i ` r a real estate tat verification and/or reporting service used by it 1[� n wNth IbslP+arK4" v1 S. Property Insurance. Borrower shall keep the iIifo�'eiiidhe now existing or hereafter erected on the Property insured against loss 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 (including deductible levels) and for the periods that Leader requires. What Lender requires pursuant to the preceding sentences ma change during the term of the Loan. Zpe insurance carrier providingAh"nsurance shall be chosen by Borrower subject to Lender' a ri<o�3,, disapprnov�e,Bior�pv�f{ 2Ag1y, which right shall not be exercised unreasonably. Lender maui i , un connection with this Loan, either: (a) a one-time chazge for Bogd pzpd tracking services; or (b) a one-time charge for flood mci4ddtaimilist j Jd cation services and subsequent charges each time remappings or similar changes occur which re r I`._tight 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 mulling from an objection by Borrower. If Borrower fails to maintain Any of the coverages described above, Leader may obtain insurance coverage, at Lenders option rrower's expense., L_ aEjsj�lnder no obligation to purchase any particular type or anwlmt of covers `gam �ii rag i hall cover Lender, but might or tect might not proBorrower, BI- rt} -property,or the contents of the Property, against any risk, hazard or li 9_il fiig(y,,pJolM videb''I�sser coverage than was previously in effect, Borrower acknowledges that the Cos�I�sjj �.•'"ii''!!``'``tr''���'�.•.•9� coverage so obtained might significantly exceed the cost of insurance that Borrower can 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 from Lender to Borrower requesting payment. All insurance policies requiredb%'Lenderand renewals of such licies shall be subject to Lenders right to disapprove such policies, include a- ipaYtgi clause, and shall name Lender as mortgagee and/or as an additional), -( , have the right to hold the policies and renewal certificates. If Under-r wer s"VavMd fve to Lender all receipts of paid premiums and renewal notimss•:. I �rrowe 7 ,f J!n_of insurance coverage, not otherwise required by Lender, for damage to, or desWction of, thgpcly, such policy shall include a standard mortgage clause and shall Dace Leader 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 insuranwlproceeds, whether or not the lying insurance was required by Lender, shall be applied to restdl'9Zjpp of or repair the restoration or repair is economically feasible and Leader's a* _ f)unng such repair and restoration period, Lender shall have thelrtglYl�tb �� i re until Lender has had an 33133wns /�'�y� roa+rn>er NORTH LaR]LWKSnB4 FwnIlY-FannM MatlrmMie M. umlIX WmRuU WIrN( a� Fpm 3a3311a+ VMPM BnM1ayY�mfn S VMWx L 1111a1 WdIm KWww Flwrlal 3ervic® PW aft el y JAN I 16 2014 U DCbI :MwyD CITY RECEIVED J�rf��� �DCMWILMINGTON,NC L 4;eft'LF77 DEC 2 02013 �IILJ \I�tSL v4!'J i�j�jj °.. o eRor Brunwlek County, ne Repleter of eUe�M. 58 zeo ds page a of 21 Opportunity to inspect such Property to ensure the work bas 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 s,lpille payment or in a series of Progress payments as the work is completed. Unless an agreement-9s made in writing p� or- I aw requires interest to be paid on such insurance proceeds, Lender shah'got e" I rp,. Buirower any interest or earnings on such proceeds. Pees for public M<� astels t t 0 efthiro,�{1,{�. p aieed by Borrower shall not be paid out of the insurance pra(deeds ands"�il re"ohiig'a%on of Borrower. If the restoration or repair is not economically feasible or Lenders s�rd he lessened, the insurance proceeds shall be applied to the sums secured by this 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. lfwer does not respond, wjtp days to a notice from Lender that the insurance carrier has offered to a t-rEp Lnegotiate and settle the claim The 30-day period will begin w a,t�gi�@d: to either event, or if Lender acquires the Property un_-Y7pWyser hePEB''i�to Lender (a) Borrower's rights to MY insurance proceeds in an ffibouat not [o �xLt� unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights ther than the right to any refund of uneanued premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights 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 Order the Note or this Security Instrument, whether or not tt�iCn due. 6. Occupancy. Borrower shall ocd tabltsh, 'tpC. ty as Borrower s principal residence within 60 days after the 'q pyty Instrument and shall continue to occupy the Property as Borrower's perio ee` or at litown lyat after the date of occupancy, unless Lender otherwise agrea"n writing, ffiAl not be unreasonably withheld, or unless extenuating circumstances exist which are beyor °�oiso'-' wa'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 m commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Pro from deteriorating or decreasing-jj�� value due to its condition. Unless it is determined pursuant' tion 5 that r n 1=on is not economically feasible, Borrower shall promptly repair the otd further deterioration or damage. If issuance or condewation p (ar6, iuf<tonne�t wage to, or the taking of, the Property, Borrower shall be �s blefoR9 r restoring due Property only if Lender has released proceeds for such purposes. Lender may dieceds 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 Property. If it has reasonable cause, Lender may u "�t the interim of th 2�n6 on the Properly. Lender shall give Borrower notice at the time o rim iA on specifying such reasonable L� cause. CJ� _. e!i!v'SZLPc:4 KWHCA s lU3MpM BmlyFnnie MSlFMyp Ms' UN' IFOM MBTgUY�root Talx rureol VVPoaa...ri ao WAt IMV�—SxH VICK ,tilerear �J 0 Ll UMW A,,;�IlrrJ�Z.1,11, Mot RECEIVE. DCM WILMINGTUN. NC DEC 2 0 Z013 Ike, pd "j �r1� yp�j CCee i�GU� rNIN{t1 111�ek IIIleIIIIIIIIII'llr Br da Mt1�Cl.. nsrZIlRe 8. Borrowers Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave meEerielty false, nusleading, or i� qq��rrate information or statements to Lender (or, failed to provide Egbd� with material it(f tt)\ib(riounection with the Loan. Material representations include, but are not t�Cbncering Borrower s occupancy of r the Property as Borrower a j ' 9. Protection o1 Lender's IMaH in the,l$i?hts Under this Security Instrument. If (a) Borrower fails to perform the cov `et atH3�'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 ,atever is reasonabl q�r��p�'�� rate to protect Lender's interest in the Property and rights under this protecting and/or assessing the value of the Property, and q( t12 Property Lender's actions ran include, but are not limited to: (a) pays-7". 3 Seed � a I priority over this Security Instrument; (b) appearing in court; and (c) pi[ , attorneys' fees to protect its interest in the Property and/or rights under this Security lasmm�ent, i uding 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 lured on or off. Although Lender may take action under this Section 9, Lendf� does not have to do so and is not under any duty or obligation fd'" o. It is agreed that d ggd�o , no liability for not taking any or all actions authorized under this gittioo 9n r� .1 Any amounts disbursed by I.�tid Section� 6U,1lltraMp arsoc additional debt of Borrower �� i secured by this Security Ins These "bear interest at the Note rate from the date of disbursement and shall be payable, with such interest,,, notice from Lender to Borrowff requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee tide shall not merge unless Lender agrees to the nteat!er in writing. 10. M ortgage Insurance. If Lender({fi`si}gL(e\'a" condition of making the Loan, Borrower shall pay the premium `^+.7" d$me an Mortgage Insurance in effect. If, for y reason, the Mortgage Insurance.¢ by UNWIERdeas to be available from the mortgage insurer that previously provided Borrower was required to make separately designated payments toward the premiums for . gage 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 Mort a Insurance coverage is not available, Borrower shall continue m pay J , ately designated isuat were due when the insurance covers ceased m be in e� Lea* du d iR 11 i]ese payments as a a to Lender the amount of ar cable Le non-refundable loss resery11 p�� _. w, in lieu of Mortgage Insurance Such �i - Qti]GJV1P�NllL _. _ errAH CAR ��O�g+/��roar<rer ~ I CAanLMASIngN F<mNr{N,iy<Yvp'FrMpre M. UNIfdM INSrgIY�YYNVt Fpn ]a]A 11a1 WVWa .nrw<w. 1CS VYP{AQ 1111n WMw<NWww ♦nW<Nl asvlu HP Y 014 P !! 2014 DCV-V-HDCny RECEIVED DCM WILMINGTON, NC OEC 202013 ��C 'fII If1 6331E P016000-29 u l fll(filhll'IIIIRegister of Doods MYelNa��Bw� 1PROF 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 W, - Lender can no longer require reserve payments if Mortgage Insurance coverage (in the amo'*&,And for the period dtal..Opdoo requires) provided by an insurer selected by Lender again becomes a l 6b". bd- radd tennder requires separately designated payments toward the premi ¢Tf II,C�S e lhsuti 11 % required Mortgage Insurance as a condition of making the Loa i svy iBdriuwgY� ier o0 separately designated payments toward the premiums for Mortgage Insurmte, Bdrf' 1 pay the prerniums 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 Nalf,t �. Mortgage Insurance reimburses Lett ( (tkp Bono ser the Note) for certain losses it may incur if Borrower does aol,{9pgy � .a'jsrbed. Borrower is not a party to the Mortgage Insurance V J 7 mr,177MU91 C on all G�G�p�Q Mortgage insurers evaluate their total risk on all sucL'r�49Qce in force from time to time, and may enter into agreements with other parties that share or modify their risk or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using my source of funds that the mortgage insurer my have available (which may include funds obtained from ii{�[. eage Insurance prerniumis)/,,\ e�$ As a result of these agreements, 2L_ N6LCe, another insurer, any reinstates, any older entity, or any af6f ,�nf�..�-t `o�regaiQqmay, ve (directly or indirectly) amounts that derive from (or might bAtkbterYi7q �Yi"�r'i`ower' s payments for Mortgage Insurance, in exchange for sharing or modifying'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 reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, "Any other terms of the Lapp, St ch agreements will not increase the amount Borrower will'dwe for Mgregalge fdsirapaa; ihd they will not entitle Borrower to any refund. - (b) Any such agreements wBi not affectthe sightys, Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Pre n Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or terrrionflon. L ���� rioC� - HgRNCaaOIINa-BNBb Family-FannkNWF,eMrc MS UMIFOIaI INBTg11NnlrNia l ramaosrrl trot vYCd antwa BYueman VYPo767 I w,N warn Nomn FMw•ml sanlm Ogg RED -ED DW WILMINGT©N, NC DEC 2 0 2013 l� iiiiiiiiiigiigr B3318 P0161 efOPROP 21 1111. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, 34 Miscellaneous Proceeds shf l bf applied to restoration or repair of the Properly, if the restoration d r'"�1ir is eTnTmAy' 1, aid Lender's security is not lessened. During such repair and !�Fp�q¢6'y r'tid.,I imder shall have the right to hold such Miscellaneous Proceeds unti {Ids 1j9it an opiiial rnintwuspect such Property to ensure the work has been completed to errs sati46W*�proyj*d that such inspection shall be undertaken promptly. Leader may pay for the repairs and restorai%-i -44 single disbursement or in a series of Progress payments w 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 not economically feasible or Lender s security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured s Security Instrument, w), or not then due, with the excess, if my, paid to Borrower. Such M scit eons^ r � jmed in the order provided for in Section 2. �--� � 7 j .¢p-, <y� In the event of a total mking�'dMddtion, ll�ytysyalue of me Property, the Miscellaneous Proceeds shall be applied to the sums secured Instrument, whether or not then due, with the excess, if my, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Properly 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 amoum o�the sums secured by this Security Instrument immediately before the partial taking, destruction, or lesgln value, unless Borr, #tLnder otherwise agree in writing, the sums secured by this Security l'fb'fPluruue 1 } the amount of the Miscellaneous Proceeds multiplied by the fold ijee focal amount of the sums secured immediately before the partial taking, d �s; ueifMa") the fair market value of the Property immediately before line partial takin�;igr loss in value. Any balance shall be paid to Borrower. s 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 pattial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender bilierwise agree in writing, the I.4segllaneous Proceeds shall be applied to the sums secured by this Securify sinmuen(. *11thiBums are thendue. If the Pro 1. `J U Property is abandoned n# i� rnder to Borrower that the Opposing Party (as defined ntis n krs do riiej`c"e" an award to settle a claim for damages, Borrower fails to respond to Lender wt *,*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 net then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the patty against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shell be in default r =ion or proceeding, civil or criminal, is begun that, in Lender's judgment, could result in tur Prer material impairment of Lender's interest in the Property ty Instrument. Borrower can we such a N req;9rs r001r4 nrr IVJ l _ HONfN LAXWHA-OFgk FsnYy;nose Hatlr,Mh iC UXagW M6� form lOrl i/01 VMV rr BnYss SYgm^°n WNaY XIuwtt FliunsY Swrkn ° S WRAalLIn110) `•,° leis ♦ RECEIVED �ac�x�rzrc�z� �1 �Co)t, l; G� ` viG���ilc� JAN 16 2014 DCM--MADCITY RECEIVED DCM WILMINGTON, NC DEC 202013 4 o �° IIUIIHI Nillillllillllllllllll Bois dire . Pa ellF unsgick County, NC Register of Deed. Page ti of 21 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 InsWment. The proceedepf any award cl pes that are attributable to the impairment of Lender's interest in ih rto \ ed and shall be paid to Lender. All Miscellaneous Proceeds�ed"to res%wa*pAAx9Waur of the Property shall be applied in the order provided ter 12. Borrower Not Released; Forbearance By Lander Not a W aiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument grunted 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. Leader shall not be required to commence proceedings against any SuccWor in Interest of Borrower or to rvlfilse to extend time for payment or otherwise modify amortintion a._�wns secured�,y 5"S4ptnty,Instrument by reason of any demand made by the original Borcow2 un Interest of Borrower. Any forbearance by Lender in exercising any r<g u lih I,liu tatioa, Lender's acceptance of p� pa'w' payments Cram third persons, re5'or S�gfihterest o'8orcower or in amounts less than the amount then due, shall not be a waiver of or preb3v�e' exercis , of any right or remedy. 13. Joint and Several Liability; Co-signers; Successor and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of tfilt'$yllrrity Instrument; (41 sonally obligated to pay the sums secured by this Security Instrument;' (c d&my other Borrower can agree to extend, modify, forbear or make,m — tt �A regard to the terms of this Security Instrument or the Note without the e's gl i nsenW. ATM "'Fs"-�' Subject to the provisions of Section 18, any Successof at of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower s rights and benefits under this Security Instrument Borrower shall not be released from Borrowce s obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Insnment shall bind (except as provided in Se atjop 20) and benefit the mcccT and assigns of Lender. 14. Loan Charges, lender may charge F 1. G 1 ormed in connection with Borrower's default, for the p= , j� t u ,ejr's latest in the Property and rights under this Security Instrument, met Pno to, 1A ,property inspection and valuation fees. In regard to any other fees, the �d�''i6, -gem authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other 1 arges collected or to bglo}11 (d in connection with the Loan exceed the permitted limits, O&bchduced by the amount necessary to reduce the charge to the portal lufnja $�4ums already collected from Borrower which NORfH CARIXINA]in9le i<milY fann,c YSNF,eMe Yi[IIXIfnIM WSTMY9YL ]�1qy Fpn ]ai(41 VYP g BanYvs aya�emary VMMA(Mc) 101 wm<,e R"uW n rY.an�la� sery ces Pp 12 al le CS�y •Yl'�rA �J � Mi R J � RECi� p(M,M WILMINOTON, NC OL. z o iu13 B33116 P01p6+3W �KC0'� 13 f a 2] 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 snaking a direct payment to Borrower. If a refund reduces principal, the reductop will be treated as a partial pr t without any prepayment charge (whether or not a preRiblart charge is provilor'��y,I.— Note). Borrower's acceptance of any such refund made by directpynii�rolieq N�tl l]drLStitu[e a waiver of any right of action Borrower might have dt� ehfove're�el�� 15. Notices. All notices giv® wer o�,ytection with this Security Instrument must be in writing. Any notice to Borrower in connection w7s 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 one 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 uoti�der of Borrower's cFb�p�,g�,g,� if'}ddress. If Lender specifies a procedure for reporting Borrower 14r),, 8"���'°"`"a shall only report a change of address through that specified pr 1 eij 's y be�only one designated notice address under this Security Instmment u any o¢e ce to L&W&M % given by delivering it or by mailing it by first class mail tsLenders punless Lender has designated another address by notice to Borrower. Any notice in conn�o>fh 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 Conatructlon. ns ty Instrument shall be governed by federal law and belle"f the jurisati M lie Property is located. All rights r and obligations contained in this (arE Iect to any requirements and limitations of Applicable Law. Applicaye 'pi citty erg, ;pllow the parties to agree by contract or it might be silent Ibtd ail ' mourned as a prohibition against agreement by contract. In the event that any provistQ ' 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 provision. As used in this Security Instrumenn (a) words of the masculine gender shall mean and include corresponding neuter words qF words of the feminine gender; (b) words in the singular shall mean and include the plural and via" - and (c) the wordy",a>r '+f�! sole discretion without any obligation to take any action 17. Borrower's Copy. Borrow s{.bie pt✓ one cope d of this Security Instrument. 18. Transfer of the Property or —a Beneficial In�ower. As used in this Section IB, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Propefty.:o[,any Interest in the Pr, erl�ig sold or transferred (or if Borrower is not a natural person and a beneflI scree(( _ ry¢L(gad transferred) without Lender's prior written consent, Lwder tin��� I{�Gvq� s'f�s lgds y=1 in full of all sums secured by this _. _. csmaaasys ��ju OGb7iySgilLL r_oolun_nNOPTX LPPe1HP-WpeFamiysan,wMadFN rUNrOMIN F. ]a]r 1a11 VYVM 8a^4va Sytlamsm VMgPale11]N 10) W W sa RMn FinnuN Smri�es fyla 1M 11 RECEIVED goL-� JAN162014 t L'v �Unyo a�xrolafmrasa DCM.Mm CITY RECEIVED f CJ 6x DCM WILMINGTON, NC �uv 2 U2013 83318 P0164 °a_�a z°12 ermleNe °al YBrater of t)da Pa°OUOaa mart ea 14 of I] Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law, If Lander exercises this op dig nde shall give Borrow, , Ir" of acceleration. The notice shall provide a period of not less than fir— given in accordance with Section k 15 within which Borrower must (I 'fl'us Security Instrument. If Borrower fails to pay these sums prior to th�!e it tir l is periodgP' ay invoke any remedies permitted by this Security Instrument W]'tlrout fur[h on Borrower. 19. Borrowers Right to Reinstate After Acceleration. 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 rigi to reinstate; or (c) entry of s jp"t enforcing this Secrity Instrument. Those conditions ate Borrower�:�5a�•�," 49 stuns which then would he due under this Security Instrument ion had occurred; (b) cures any default of any other covenants or agr lh l exp11 gd in enforcing this Security Instrument, including, but ul to,eys' fees, property inspection and valuation fees, and other fees inclured for the purpo if'pjxting Leader's interest or the Property and rights under this Security Instrument; and (it) takes such action as Leader may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,' lected by Leader: (a) cash,�b)lmoney order (c) certified check bank check, treasurer's check or 's cheer aal check is drawn upon an institution whose deposits are insur a�r����,,��• fy,'instnmtentality or entity; or (it) Electronic Funds Transfer. Upon reins W b btrowa, this r truarant and obligations secured hereby shall remain fully effel gq occurred. However, this right to reinstate shall not apply in the case of acceleration under SeeIIa t& 20. Sale of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more 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 Chill.,�Iunder the Note and this Security trumeat and performs other mortgage Ioan servicing obligamme. der the Note„thi�$acl �lgstrument, and Applicable Law. There also might be one or more ch oj�t £ >Ir(5 5imelated to a We of the Note. If there is a change of the Loan1 I'Ti(¢wai will ��i^ notice of the change which will state the name and ad' newce� t e ess to which payments should be made and any other information RE PA requires with a notice of transfer of servicing. If the Note is sold and thereafter the I.oao is serviced by a Loan Servicer other than the purchase of the Note, the mortgage loan servicing obligations to Borrower will remain with the Low Servicer or be transferred to a successor Lou Servicer and are not assumed by the Note purchase unless otherwise provided by the Note purchaser. Neither Borrower nor Lender rPMKmlinmence loin, or, _1x4illany judicial action (as either an individual litigant or the member oP s g a`'y-pas )3Fyaf; , s[ parry's actions pursuant to this Security Instrument or that alleges, tha4 )t{hiar pial breached my provision of, or my duty_ er+s.]A]rs g�� rravmn NORIX CAROLINA-b"NIe FYnAr*asnie .fIpNr cUN:FOaY IN FpT ]OS+Ig1 vYv®O-VPsYIr vaHAate1iH10� we,e,a A4na:m.'R, SRI'. CWr 1+ ale RE(- DCM WILT �c P, ION �''(� DEC c u 2013 � WV18 P0185 ea_2a_2012 8randa n CI 14�3a: 20'"1 of 00ada a+a 18 ei 21a owed by reason of, this Security Instrument, until such Borrower or Leader has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and affrrded the oth�c���ppaarrttYy hum a reasonable period after the giving of such notice to take corrective action. If Applicably provides a tiny 10 must elapse before certain action can be taken, that time period will , i--alfd-purposes of this paragraph. The notice of acceleration and op , foj "�'m�orrow�Ae,r,�msuant to Section 22 and the notice of acceleration given =�1( o � N811 be deemed to satisfy the notice and opportunity to take corrective action provrs7�on 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos m formaldehyde, and radioactive materials; (b)?Egviro mental Law" means fedend laws and laws of the jurisdiction where the Property is k pt d isgl �Q li ld4 aafeiy or environmental protection; (c) "Enviromnen[al Cleanup" ins antioh, rercedial action, or removal action, as defined in Environmental La{y;',, Pl,' vir n - on" means a condition that ca cause, contribute to, or othe nigger leanup. Borrower shall not rouse 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 hiscardous Substance, creates a Lion that adversely affects the value of the Property. The pr two sentences `pp(e,to the presence, use, or storage on the Property of small quantities o [hat are generally recognized to be appropriate to normal reside", enopeny (including, but not limited to, hazardous substances in c6inti eicolgg(g(pfj prod'tndt}j;, r 1, e Borrower shall promptly give Lender written notice of (a) 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 scored 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 caused by the presence, use or release of a Hazardous Substanceiuhich adversely affeell value of the Property. If Borrower learns, or is notified by any goverril tat pfy. a,(X46fityor any private party, that any removal or other remedimiogpfpavjH^ugftance affectin,F the Property is necessary, Borrower shall promptly takd ��l�l ��l Es�iBW a�lif�ii4�iir"id ti dance with Environmental Law, Nothing herein shall create any obligation "On =W-* A—**ACleanup. 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 Ui,,unless Applicable Law provides otherwise). The notice shall specify; (a) the default; (b) the k".n required y tQe ,t4(4It (c) a date, not Ins than 30 days from the date the notice is C � ti4" the default must be cured; and r1Lti esnitar9l3 � 1.. 70017477e7 MORfX Grtll1U-yqN rRYI'F�nwa /RNp[iri UAIFOW Ma lrplarr BFw l0]a till, vuveelnc1O ,'Oil WMwF IMa F� it cape 15 0l t e CAM U pyzlisaa el ,�'1 � ��,friIL, rrr��,Lr-� ,, Vu�Pza�c y CuiM��LC ? RECEIVED JAN 16 2014 DCZMHD CITY RECEIVED DCM WILMINGTON, NC DEC 202013 L �(�l �C�� IIIINHIbEI M lllll�llillllllilll 13318 P016614-2e_2012 Baaolu n PROFBrunsueek County, MC Register ofrand. M. CiaDeeds pane 16 of 21 (d) that failure to core 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 proceetliog the non-existence of a,default or any other defense of Borrower to acceleration and Sale.- ,tin or before the date specified in the notice, Lender at its opµol im ediate payment in full of all sums secured by this Security Instrument wiiboiiCYdhhel� � paµd an&i'nif YdVbke the power of sale and any other remedies permitted by AppSoble Law ilade[fbaN 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 title evidence. If Lender invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give Stich notices to Borrower and; to other persons as Applicable Law may require. After the time regriirpd,by Appi )4 Lqw >aad. after publication of the notice of sale, Trustee, without demand in so ro'�ver, is KM the Property at public auction to the highest bidder at the time sind� eland under thelfB^ais-detignated in the notice of sale in one or more parcels and in any order Trustee dettilldees. Lender or its designee may purchase the Property 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 of the statements made therein. Trustee shall apply the proceeds of the sale in the following order; (a) to all expenses of the sale, jj'naluding, but not limited to, Trustee's fees of 5.000 9rsgf the gross selq ; ( t all sums secured by this Security Instrument; and (c) any excess to thaperma Or i e6mni I .Ily entitled to it. The interest rate set forth in "l ate ote shah li s�fAlydsefere Or>( p"lq*dgmeat on the indebtedness evidenced by the Note. er' 7.Oi�! 23. Release. Upon payment of all sums secured by this S tytnstrument, Lender or Trustee shall cancel this Security Instrument. If Trustee is requested to release this Security instrument, all notes evidencing debt selwed by this Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to qthird party for services rendered and the charging of the fee is permitted under Applicable Li`bG' .x,,, 24. SubstWe Trustee. Lender m r v V ry - � rfi�si�e Trustee and appoint a successor trustee to any Trustee appointed her, - ant a county in which this Security Instrument is recorded. Wi nvey3nm �d the successor trustee shall succeed to all the title, power and duties conferred upon Trustee here " y Applicable Law, 25. Attorneys' Fees. Attorneys' fees must be reasonable. �5 L� 0610t)40r5 N.TN CA.OINAS,1eFmnyirnMe YaYFrMOk U111mIY 1N NIO 9nYeR Slaemvn ` 7001747747 Foe 30341M1 W Ort<rs NN�x FNyncul bml�m S VYP{Arlel1,11a1 pYrF it q tr flij N-1vo� DCM WILMINQp'N, DEC 2 026ip� Jl�il f l i1911NINIIIIIIIIIH aR! P0167 35�001 z BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms contained in this Security Instrumrnt and in any Ride exectned by Borrower and recorded with it. 414. fz�Q�� AA0 CMG Mar hall M. Newton r� ��7a (seal) rI Allison P. Newton ...(Seal) -BOROwer Refer to the attached Signature Addendum for additional parties and signatures. n��CL uea Iv 01['rJ a�a s N0NUN VMP®SYMr ]a 311M1 WMgN"11lop W.11.n nmamvjr ,eh Pp tr all t, WavED JAN 16 2014 DcAf-MMcnv RECEIVED DCM WILMINGTON, NC DEC 202013 IIIHIIIf1111111111111�INIIINIIIIIr Baia aa'cle o 12P20 Acknowledgineni Stateof NORTH CAROLINA Couety of BRUNS C L7,t, o.h M t3tA r� ,.notary puhft`•f f ycertify that Marshall M. Newton and Allison P. Newto� -�,C�s �V �G'A`A�67Fmnmm� C map � personally appeared before me this day and acknowledged the due execution of the foregoing instrument Witness my hand and official stamp or seal on September 28. 2012 ggDo PF Notary Public fI My commission espires: /I / 2 d I - °V /. HOHIH CAMIINAdin3N FanYYi�W NWf,ON4 Jic a4rp4 w3 VNPB Srnktl¢SrtlATrn /Il WMwt xNa� nnndY S.r.� 41� ._ .,F���SU0, r f C��� l I� UI�yO� roc' N �r2 L .J dln7o��sGc'� roonarrer w�SSa mi v4PlAnILIn 110� Pss aorta RECEi VET. GCM WILMINGTON. NC DEC 20201.3 NIIIIIIiIIIIIIIIlllllllIII III Jill III s�3is hiss 36 pia Drunsvick County, NC Register of Deets ppe 19 of 21 , I ATTACHM T BEING ALL OF LOT 27, BLOCK 23, ADDITION 2 TO OCEAN ISLE BEACH, SECTIONS B & C. AS SHOWN ON A PLAT THEREOF RECORDED IN MAP CABINET 10, PAGE 82 IN THE OFFICE OF THE BRUNSWICK COUNTY, NORTH CAROLINA REGISTRY. NEWTON 202.12 67 Uunnowg Street, Ocean We Beads, NC 29s69 PUYQ��Z, 'Z* _����� M0 o FA;�rr1/ f gc �C�� ON r p � 'Jc��� 1a r RECElft JAN 16 2014 OM-Afticny RECEIVED DCM WILMINGTON, NC r� r55S(CSsw t erunsurck County, NC Regls4r of a�As Clwnons PROF Rag1 20 of 21 GG S ER THIS SECOND HOME RIDER is made this 28th ' day of September, 2012 , and is Incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower' whether there are one or more persons undersigned) to secure Borrower's Note to Branch B#Oktng and Trust Company, (the "Lender') of the sameId �atl=�¢�� poVeng` 17ie Property described in the Security Instrument (the "Property*), w i'�Iotaletl at:- 67 Laurinhurg St - Ocean Isle Beach, NC 28469 [Property Address] In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant a05[ agree that Sections 6 and I of the Security Instrument are are deleted and replaced by the ibl, 'rng 6. Occupancy. Borrower 51�ll�,(45bObY arid, ,,yy use, the Property as Borrower's second home. rBOrrotYer s INMp.J, available for Borrower's exclusive use and enjoyment at all times, ahat&it subject the Property to any timesharing or other shared ownership arrangement or to any rental pool or agreement that requires Borrower either to rent the Property or give a management firm or any other person any control over the occupancy or use of the Property. 8. Borrower's Loan Appligolon. Borrower shall be i.R�( l�ief suit If, during the Loan e - F application process, Borrow,any persona Fa'. M1tlN="cting at the direction of Borrower or with Borrower's kno r4; b(�e¢6ve materially false, misleading, or inaccurate information r� trc LJerl to provide Lender with material information) in c tin w representations include, but are not limited to, representations con rrower's occupancy of the Property as Borrower's second home. 6616434975 `�•r, /�,t\ � 7001747787 IMULTISTATE NSTRUMENT SECOND HOME RIDERRRRRNNS iF �Fa Ida MadFretltll �Mae NIFORM Form 3690 1101 I,� -p>r Initials: _ 4J65R(0811) VM P Mortgage Solutions, 21-7291 C'PIT ���i G a, DCM WILMINGTON, NC DEC 2 02013 IlllllllllllllillllflIII III III l III III 63318 Pam 36 2�a a _ Brenda n. Cl emmons p1 x62� arunsvmk Ceonty, NC Reyisler of Deeds page Tt of 001 T1 o JV[�? L` BY SIGNING BELOW, Borrw— tEc" As to'theterms and covenants contained in this Second Home Rider. `� u� (Seal) _�--'"""1G1.•�v (Seal) 'Nirshall M. Ne on -Borrower Allison P. Newton -Borrower ... ,., )��Cf �1 C�_ o� G -Borrower Ll��1,,Q.. -- -- -- -Borrower (Seel) �._ r1 _ crow or I� (Seal) -Borrower (Seal) _ __._ (Seal) -Borrower -Borrower 66164349/5 *tl _ //",IL , 7001747787 MULTISTATE SECOND HOME RID,�'fannie MaelFreddie Mac UNIFORM INSTRUMENT ICJ IJ Form 38901101 ®-365R (0811) �—� ' D C� ��nn���'� �k �/I�L�-, '�Jn ucc�. JAN 1 B 2014 DCMMftCI9Y RECEIVED DCM WILMINGTON, NC Project Narrative Bulkhead Reconstruction Marshall Newton 67 Laurinburg St. Ocean Isle Beach This reconstruction will consist of realigning the current bulkhead at 67 Laurinburg St. with adjacent bulkheads on either side. From the drawing it is obvious the skewed alignment of the current bulkhead. On the north side we will be moving back about five feet in line with the neighboring lots' bulkhead, and on the south side we will be extending out about five feet to also align with the neighbor on the south side's bulkhead. The result will be a new bulkhead that will run parallel with the man-made canal and be in line with both adjacent bulkheads. RECEIVED JAN 16 2014 DCMMHDCrry RECEIVED DCM WILMINGTON, NC DEC 202013 NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory, Braxton C. Davis Governor Director January 14, 2014 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Newton Major Public Notice Natural Resources John E. Skvada, III Secretary Kyle & Heather: Please publish the attached Notice in the Friday, January 15, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support Technician Division of Coastal Management Enclosure cc: WiRO Doug Huggett Ronnie Smith EECENED Michele Walker JAIV 2014 DC11.Y-r1DC17.1, 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215 \ FAX: 910395.39641ntemet: www.nccoastalmanagement.net An Equal Opportunity \ Affirmative Achim Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for development permit in an Area of Environmental Concern as designated under the CAMA was received complete on January 10, 2014. According to said application, Marshall M. Newton proposes to construct a bulkhead at 67 Laurinburg St., adjacent to the AIWW, in Ocean Isle Beach, Brunswick County. A copy of this entire application may be examined or copied at the office of Holley Snider, N.C. Dept. of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-7215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 7, 2014, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. =EMMD JAN 16 2014 DCV-MDDcn Y _l� MAJOR PERMIT FEE SCHEDULE Marshall Newton / $400 / Brunswick Co. DCM % DWCI % Development Te Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands or open water areas: S400 100% $400 0% $0 I II. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: S400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be a lied: $40 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or open water areas: $475 60% $285 40% $190 RECEIVED JAN 16 2014 DCN:•I+"_1D CITY Simpson, Shaun 00000010 To: 'mm newton @ ncsu.edu' Subject: FW: Permit application for Laurinburg St OIB Attachments: Newton signature.pdf Hello Mr. Newton, Attached please find 2 pages for your signature. I have put and "X" where information and your signature is required at the bottom of both pages. You can complete and return to either myself, or Holley Snider. Happy to help, Shaun Shaun Simpson Environmental Technician NC Dept of Environment & Natural Resources NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC2S405 Phone: (910)796-7226, Fax: (910)395-3964 Shoun. Simpson gDncdenr. gov E-mail correspondence to and from this address may be subject to the North Carolina Public Records taw and may be disclosed to third parties. `'A Be Green - Don't print this e-mail unless required. From: Marshall Newton [mailto:mmnewton(aDncsu.edul Sent: Thursday, January 09, 2014 4:22 PM To: Snider, Holley Subject: Re: Permit application for Laurinburg St OIB I don't know how I missed signing these, do I need to fill out these forms again and sign them or is there anyway you could send me a printable version of the completed forms to sign and email back to you? Thanks, On Thu, Jan 9, 2014 at 4:06 PM, Snider, Holley <holley.snider@ncdenr.>;ov> wrote: I apologize for the delay Neil. I was out on extended leave for the Holidays. I have received your permit application and am completing my review. The application appears to be complete, however I will need you r signature on both the DCM MP 1 and MP-2 forms to complete the application packet. Could you please sign those pages and return them to me by fax or email. Thanks so much. Please feel free to call or email me if I can be of assistance to you in any way. Sincerely, Holley Snider Field Representative RECEIVED JAN 1 6 2014 DCM-MHD Cl•1•y, NC Department of Environment & Natural Resources NC Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Phone: (910)796-7215. Fax: (910)395-3964 E-mail correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to third parties. `. Be Green - Don't print this e-mail unless required. From: Marshall Newton [mailto:mmnewton(d)ncsu.edul Sent: Thursday, January 09, 2014 1:29 PM To: Snider, Holley Subject: Permit application for Laurinburg St OIB Hey Holley, I just wanted to check the status of our application and make sure everything is on the right track. I just want to make sure everything got to you and maybe a possible time we may be hearing back. Thanks, Marshall "Neill" Newton North Carolina State University RECENkD JAN 10 2014 DCM-M mmy 2 (Page 1 of 1) k . F _ 4'NXmIn.f 3ureiod Auvecv x. 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