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HomeMy WebLinkAbout1-23 Dunn, DerekPermit Class NEW Permit Number 1-23 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Verint't for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Derek Dunn,126 Asbury Rd., Greenville, NC 27858 Authorizing development in Carteret County adi. to a man-made canal off Bogue Sound. at 130 Sound Dr.. in At. Beach, as requested in the permittee's app dtd "Rec DCM-MHD City 9/23/22" (MP-1) & "Rec DCM MHD City 10/22/22" (MP-4), incl att wrkpin drawings (4), Sheets 1,4 of 4 both dtd 1/18/22 & Sheets 2,3 of 4 both dtd "rev 10/10" This permit, issued on January 3, 2023 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation A these terms may be subject to tmes, imprisonment or civil action; or may cause the permit to be min ana voia. Docking Facility Expansion 1) This permit authorizes only the boat lift and use located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No portion of the authorized docking facility shall extend more than one quarter of the width of the water body. Measurementsto determine width of the water body shall be made from the normal high water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on January 3, 2028 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Z_lllew� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Derek Dunn ADDITIONAL CONDITIONS Permit No.1-23 Page 2 of 3 3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharged at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) This permit authorizes one (1) additional formalized boat slip for a maximum of three (3) formalized boat slips at this docking facility. 6) Should the lot to the east be sold prior to the initiation of construction of the docking facility expansion, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian setback, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. 7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 8) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. Sedimentation and Erosion Control 9) In order to protect water quality, runoff from construction shall not visibly increase the amount of suspended sediments in adjacent waters. 10) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to ensure that eroded materials do not enter adjacent wetlands, watercourses or properties. General 11) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 12) All construction debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and disposed of in an approved upland location. 13) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. Derek Dunn ADDITIONAL CONDITIONS Permit No.1-23 Page 3 of 3 NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2022-02372). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4497 and assigned the project DWR Project No. 2022-1506. NOTE: Future development of the pennittee's property may require a modification of this permit. Contact a representative of the Division at (252) 515-5400 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator:�/�Ilt tC Permit #: MAILING DISTRIBUTION SHEET Permittee: JIr k 17-6 A%Lu R<4 �j ywi�c d c- Z� Agents: _��rL VSE4�% V bb5kari "��e�,. r.V DCM Field Offices Elizabeth City Morehead City f�/ Washington (with revised work plan drawings) 64Wilmington i (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: Greg Curry (Brunswick, New Hanover) Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARD) Marine Fisheries: Kim Harding Jimmy Harrison NC DOT: David Hat iis Shellfish Sanitation: Shannon Jenkins / Sharon Gupton / Andy Haines State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Robert Tankard - 401 Glenn Stewart - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquiman, Tyrrell, Washington) Wilmington: Holley Snider - 401 (Fender, Brunswick, New Hano#er) John Perry - 401 (Onslow, Carteret) Christine Hall - Stormwater , Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) Natural Heritage Program Rodney Butler swoY -M t L�WA\ (NCDOT) Travis Wilson men ■!-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1, PrimaryAWicant/Landownerintonnation Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Applicant 2: First Name MI Last Name It additional applicants, please attach an addhonal page(s) with names listed. Mailing Address /U Aw)IzY goADo PO Box I City 69MMI/L66 Stale /V6 ZIP Z78,58 Country Phase No. 1 vS - - ext. FAX No. - - StreetAddress (if different from above) /50 SovlvD -POUF I city State CoNr� N�- ZIP Zt3S/� Email 2. A GContractor information Busineo Name C Agent/ Contractor 1: First Name a6�YiE MI Last Name G✓ !3B Agem/ Contractor 2: Fast Name MI Last Name Mailing Address PO Box CRY State ZIP Phone No. 1 - - ext Phone No. 2 - - ext. FAX No. Contracts x Street Address (of different from above) City State ZIP Email RECEIVED R E ED <Form continues on bacle SEP 2 3 20?1 MAY X 4,2022 D CITY 252-808-280o .. t-e,Bu 4ttiCUASY .. www.nccoastalmanagementine Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address Stale Rd. tt CnRrFrFt 1 /30 5D"ND TP✓C SubdivisionName µ ot,i Alp ISLkS Z014K-'6F,aCN Slate Nc Zip Z 65-/Z Plane No. Lot No.(s) (d many, attach additional page with list) ext. I I I , (, 28 53/S a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project NdNPog —/ eoot.. c. Is the water body identified in (b) above, natural or manmade? ❑Manmade ❑Unknown d. Name the closest major water body to the proposed project site. '31)6t.i- )ONaturat 5:6oND e. Is proposed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Wes ❑No ]` work falls within. XrolvTIC 8� ACN 4. Site Description a. Totall length of shoreline on the tract (ft.) C/ b. Size of entire tract (sq.ft.) / 189, ` J / I f c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or t4/,4 N W L (normal water level) (If many lot sizes, please attach additional page .1 h a hst) NHW or ❑NWL e. Vegetation on tract I S- f. Man-made features and uses now on tract `,17Fslr�T��� g. Identify and describe the existing land uses adiacem to the proposed project site. It. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? �Z[�s/DFNlIA� (Ach z❑niNgomONA ecerfificate,rfapplicable) Yces j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes XNo k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a Oyes ANo A National Register listed or eligible property? R worm continues on next pages SEP 2 3 MAY I \ ` I22 252-808-280e :: t-88e-4RcoAST :: www.ncagy�sp�Imurya#y#w`?nt�.\i:>e-�HC�rITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit in. (i) Are there wetlands on the site? ❑Yes (ii) Are there coastal wetlands on the site? ❑Yes 14No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes '*No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. 61?4vrTT (P SFPTK IFNK o. Describe existing drinking water supply source. &4'a p. Describe existing storm water management or treatment systems. 6';J1A CF Futi -OFF 5. ActivtGes and Impacts a. Will the project be for commercial, public, or private use? []Commercial ❑Public/Govemmem Pnvate/Community b. Give a brier description of purpose, use, and day operations of the project when complete. V,&PT)oNPL '; i6TIAA d r/$N11V6 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. i 96F PWI-p`/[ 7L,,e-tP Too %RoicEpe �voP,tNA7 AND ; ocf r , -040�0 OX sirs d. List all development activities you propose. /3'f,3' Fool UFr e. Are the proposed activities maintenance of an existing project, new work, or both? PAP ' f. What is the approximate total disturbed land area resulting from the proposed project? 161 .Ft or ❑Acres g. Will the proposed project encroach on arty public easement, public accessway or other area ❑Yes No ❑NA that the public has established use of? It. Describe location and type of existing and proposeddischargesto waters of the state. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes o ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ONO )9NA j. Is there any mitigation proposed? Hues ❑NA If yes, attach a mitigation proposal. � E E U tU <Form continues on bacic> SEP 2 3 2022 DCM-MHD CITY MAY 4'022 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit L 6. Additionallnformation 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) - M are always applicable to any major development application. Please consult the application ' buction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, dearly 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. copy of the deed (with state application only) or other instrument under which the applicant dams title to the affected properlies. e. appropriate application fee. Check or money order made payable to DENR. I. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed 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 -VoU61o5 &0Vof/C Phone No. Address y$bSi 1g4V1I1I6*J nxja Ajasw /VC 27596 Name JpEUEN (n/ICKES Phone No. Address //0 /41Wt5lFCli '/GLACE C41ZY /VC 27S// Name Plane No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. b . Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Ad (N.C.G.S. 113A 1-10). It necessary. 8 the project Wolves expend' of pudic funds or use of pudic lands, attach a statement documenting compliance with the North Carolina Environmental Policy Ad. 7. CerMadon and W on o n d Erfify at any permit issued in response to this application ' Ilow ordy the development described in the application. �Iarn be subject to the conditions and restrictions contained in that authorized to grant, and do in fact grant permission to represen ' as of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information rel is permit application and follow-up monitoring of the project. I further certify that the information provided in this application �is truthfulto the best of my kn e. Date 5=�-- r *rint Name � ` `� "1✓� ,& Signature jV / Please indicate application attachments pertaining to your proposed projea ❑DCM MP-2 Excavation and Fill Information pDCM MP-5 Bridges and CuN s ❑DCM MP-3 Upland Development R )(DCM MP-4 Structures Information RIVED " SEP 2 3 2027 DCP 252-808-2808 :: 1-888.4RCOAST :: www.ni: Tement.net ED 4 2022 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable a. (i) Is the docking facility/manna: b. (i) Will thefacilitybe open to the general pudic? �,./., []Commercial ❑Public/Govemmem 1C Private/Community (` ❑Yes MINo c. (i) Dock(s) and/or pier(s) `� d. (i) Are Finger Piers included? ❑Yes �{[JNo (ii) Number If yes: /�" (iii) Length (ii) Number (iv) Width (iii) Length _ (v) Floating []Yes ❑No (iv) Width (v) Floating ❑Yes []Noe. _ 11 (i) Are Platforms included? []Yes*No -- I. (i) Are Boatlifts included? JdYes []No If yes: // If yes: (ii) Number _ (ii) Number (iii) Length (iii) Length / 3' py Width (iv) wmn (v) Floating []Yes []No Note: Roofed areas are calculated from drpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. r ❑ Full service, including travel lift and/or rail, repair or (n) Number of slips existing maintenance service Z ❑ Dockage, fuel, and marine supplies ? Dockage (`wet slips') only, number of slips: J ❑ Dry storage; number of boats: _ ❑ Boat mmp(s); number of boat ramps: ❑ Other, please describe: i. Check the proposed type of siting: ❑ Land cm and access channel ❑Open water; dredging for basin and/or channel Open water; no dredging required []Other; please describe: k. Typical boat length: 2,11 m. (i) Will the facility have tie pilings? []Yes -ONO (ii) If yes number of tie pilings? 0 j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). On'y- %z1 N Pg&'TS 1. (i) Will thf�be open to the general public? RECEIVED rR� eED MAY 2 4 2022 OCT 22 2022 DCM-MHD CITY DCM-MHD CITY 252,8e8-2808 :: 1.888-4RCOAST :: www.nccoastalmanattement.net revised: 12/27/06 Form DCM MP-4 (structures, Page 2 of 4) 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: J 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. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of'No Sewage Discharge" signs proposed. (ii) Give the location and number of'Phanpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type PWutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? It. Give the number of dhennel markers and -No Wake' signs proposed. �.- i. Give the location of fueMreMing facilities, and describe the safety measures planned to proteri area wrier quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types Of servicesRarEeZru tk�vrded? IDCM-MHD CITY RECEIVED DCM-MHD CITY 252-803.2808 :: 1.888.4RCOAST :: www.nccoastaimanagement.net revised: 12/27106 Form DCM MP-4 (Structures, Page 3 of 4) m. Is the manna/docking facility proposed within a primary or secondary nursery area? []Yes -10No n. Is the ma�nna/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes 1 C o. Is the matina/docking facility proposed within or adjacent to coastal wetlands/marsh (C W), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (W L)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL []None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes XNo it yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (mclucfng covered dfts) C%-Mis section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑PublictGovemment ❑Private/Community (h) Number _ (iii) Length (iv) WKHh Note: Roofed areas are calculated from daphne dimensions. 14. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (i) Number _ (ii) Length (iii) Width 15. BREAKWATER (e g., wood, sbeeipile, etc.) '"is section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYSttis section not applicable a. Is the structure(s): []Commercial ❑PubkdGovemmem ❑PmratefCommunity C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if Fxesent. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) RECEIVED OCT 22 2022 DCM-MHD CITY RECEIVED MAY 2 4 Z022 DCM-tv-rib CITY 252-808-2808 :: 1-888-4RCOA5T :: www.nccoastalmanaaement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 4 of 4) 7. GENERAL a. Prommity of structure(s) to adjacent riparian property lines CIS' oN W51 < 15 oN E,gsl Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body — Icyl e. (i) Will navigational aids be required as a result of the project? ❑Yes No DNA (ii) 8 yes, a lain what type and tow they will be implemented. b. Prommity of structure(s) to adjacent docking facilities. q s'oN WEsT ti 8' �,, E,os% d. Water depth at waterward end of structure at NLW or NWL — - y S' Ncf✓ 8. OTHER is section not applicable a. Give complete description: / Date ** roFQfIC -PutvN 10*T04 7h%L ,T Project Name -TP01+4 Applicant Name Imi k Applicant Signature \4\o\'vl RECEIVED OCT 22 2022 DCM-MHD CITY RECEIVED MAY 9, 4 2022 DCM-iV HD CITY 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Derek Dunn COUNTY: Carteret PROJECT NAME: LOCATION OF PROJECT: 130 Sound Dr, Atlantic Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: 10-13-22 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: Yes FIELD REPRESENTATIVE: Styron DISTRICT OFFICE: MHC DISTRICT MANAGER REVIEW: Heather Styron B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: Choose an item. Click or tap hereto enter text. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 10-26-22 END OF NOTICE DATE: Click or tap to enter a date. ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes C) 75 DAY DEADLINE: 12-27-22 150 DAY DEADLINE: HOLDS: EMAIL OUT DATE: 10-31-22 STATE DUE DATE: Click or tap to enter a date. PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM Field Rep l�( DCM-LUPConsistencyDetermination tlIoh-, ?� LfJN56� Local Permit Officer Corps of Engineers - Regulatory Branch it 6�(Z, P S7o Z CZ:?- -02-37 L DWR-401 Section t W97 zozZ-tsar DWR- PublicWaterSupply tl t/Z DEMLR- Stormwater DENIER - Sed and Erosion DOA - State Property Office Wildlife Resources Commission it�(v�ZZ �c 1 DMF - Shellfish Section UZZ DMF - Habitat & Enhancement t N06), }� DNCR - Archives & History i1 6,Z k DNCR - Natural Heritage Program NCDOT NC Dept of Commerce 10 3t LZ 1� ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director DATE: October 19, 2022 TO: Gregg Bodnar FROM: Heather M. Styron NORTH CAROLINA Environmental Quality MEMORANDUM SUBJECT: Comments and Recommendations - CAMA Major Permit -Derek Dunn, Atlantic Beach, Carteret County The following is my assessment and consequent recommendations of the above referenced proposal: This proposal involves the addition of a third slip with boatlift to the existing 2 slip docking facility within a canal contiguous with Bogue Sound in Atlantic Beach, Carteret County. The development conforms to the guidelines set forth under 1SA NCAC 07H .0208. The waters of the canals contiguous to Bogue Sound are closed to shellfish harvest and are not designated as a Primary Nursery Area. Assuming that state.and federal agencies concur with the proposal, the district recommends the project be authorized as proposed, contingent upon the following conditions: • All development shall be constructed as shown on plats accepted as complete by DCM on 10/13/2022 (waiver obtained from Mr. Wilkes). • No more than a total of 3 slips shall be authorized. The length of the boatlift shall be limited to a maximum distance of 26' waterward of the existing bulkhead (NHW)within the canal due to the 105' width. • No high ground development is authorized. �w.w�m.� i m enwo�eni.i mo� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252,515.5400 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 31, 2022 MEMORANDUM., NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) greoa. bodnar(a) NCDENR.aov SUBJECT: CAMA Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greats Bodnar at the address above by November 21, 2022. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. Y: PRINT AGENCY This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Andrew Haines DMF - Shellfish Sanitation and Recreational Water Quality SIGNATURE A f�Ccti1¢2 for Shannon Jenkins DATE 11/1/2022 NOV 1 2022 North Carolima Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 mw�arow®mem�n� 2528082808 ROY COOPER Governor ELIZABETH S. B►SER Secretary BRAXTON DAVIS Director October 31, 2022 NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg. bod naRaDNCDENR.gov SUBJECT: CAMA Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by 2022. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. X This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT'NAME Mark Brown AGENCY Public Water Supply SIGNATURE grows DATE 11 /1122 IECEIVEz NOV 1 2022 � a SE—G T 10 N' CvlHD oe,em,+�m iu�wv�ao�uiwmry� North Carolina DepartmenttofEnvironmental Quality I Division of Coastal Management Morehead City office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252808.2808 ROY'COOPER Governor- _ EL"ETH'S.,BISER secretary, BRAXTONDAVIS Director October 31.2022 MEMORANDUM: FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) g reg q. b o d n a r(cD N C D E N R. Q ov SUBJECT: CAMA Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above b November 21 2022: If you have an Y._ _ _,.___.. Y Y questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Rachel Love-Adrick AGENCY SIGNATURE DCM - icy DATE 11/8/2022 .,. North Carolina Department of Environmental Quality l Division of CoastatManagement l Morehead City Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 o`ii}'em_w `/ 252808.2H08 ROY-COOPER Governor ELIZABETH S. BISER Secretary BRAXTON'.DAVIS DmXmr MEMORANDUM NORTH CAROLINA Environmental Qpabty TO: Gregg Bodnar, Asst. Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Pla Division of Coastal Management ft SUBJECT: Major Permit Application by Derek Dunn c/o Robbie Webb DATE: November 8, 2022 Consistency Determination: The request is consistent with/not in conflict the Town of Atlantic Beach CAMA Land Use Plan Update certified by the CRC on September 24, 2021. Overview: The project is located at 130 Sound Dive, Atlantic Beach, Carteret County. The parcel is 0.018- acres, and has an elevation of 2.5' above NHW and has 75' of shoreline. The parcel is bordered by a man- made canal along the north side of the property. The property is currently developed with a single-family residence with driveway, bulkhead and existing two slip docking facility. The applicant is proposing to add a third slip with boatlift to the existing dock. A total of three slips are proposed (2 existing and 1 new). The boat size would be limited to a maximum of 21' and would be of open runabout design. Water depths within the existing and proposed slip areas are -4.25' nlw to -4.75' nlw. AECs onsite include the Public Trust Area (PTA). The waters of Bogue Sound in this area are classified as SA; HQW, are not classified as a primary nursery area and are closed to shellfishing. No submerged aquatic vegetation is present at this location. Previous dredging has occurred in the canal areas. There is no dredging proposed within navigable waters and there are no known historic or archaeological areas of value known within the project sites. Anticipated Impacts: The development would incorporate 169 sf of shallow bottom habitat. The proposed third slip with boatlift would not interfere with navigation and would meet the AY4 width rule (26' max from nhw) and not extend into the channel portion of the canal. No dredging is proposed at this time due to the -4'+ nlw water depths within the slip areas. There would be no impacts to wetlands, shellfish or SA V resources. North Carolina Department of Environmental Quality IDiAston of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City. North Carolina 26557 252808.2$08 Basis for Determination: The project site is located in the Town of Atlantic Beach and is subject to the town's CAMA Land Use Plan Update, certified by the CRC on September 24, 2021. The Future Land Use Map (FLUM) designates the site as "Residential -Low", and the subject AECs as "Conservation". Land Use Policies: The following LUP policies may be applicable to this request. POLICY 1.3.8.34: The Town of Atlantic Beach supports the LAMA development permit process for estuarine shoreline areas and the requisite development standards which encourage both shoreline stabilization and facilitation of proper drainage. ® North Carolina Department ofEnvirorimental quality, l DIVIston of Coastal Management Morehead City Offl a 140OCommmeAvenue I Moorehead City, North Carolina 28557 �'wia"m^ud"m"mrca y'"".� /"'� 252.808,2808 ROY COOPER Governor ELIZABETH S. BISER secretary BRAXTON DAVIS Director October 31, 2022 �r I 1 13 FROM: Gregg Bodnar, Assistant Major Permits Coordinator ii`�� (C im !:a NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) NOV 1 4 2022 gregg. bodnar(a) N CDENR.g ov SUBJECT: CAMA Application Review n,@ pyp F's��N� ins. tic 0 tl�5`J DOD O® Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by rNOVembe!'21; 2022 If you have any questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" 4 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.. ' ' - 1 PRINT NAME t/G�"..,� 4i�/) 4I�.�.P� AGENCY Ot t l ll 31'GNATUREio DATE 16-a2- DEQ North Carolina Department of Environmental Quality I Division of Coastal Management Morehead city Office 1400 Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 r Bodnar, Gregg From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Tuesday, November 15, 2022 10:53 AM To: Bodnar, Gregg Cc: Snider, Holley Subject: [External] RE: SAW-2022-02372 (130 Sound Dr. / Atlantic Beach NC / Carteret County) Attachments: RGP_56.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Processing as a GP 56. See attached. Please consider this email as Corps authorization. Liz From: WilmingtonNCREG <WilmingtonNCREG@usace.army.mil> Sent: Friday, November 4, 2022 8:42 AM To: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Subject: SAW-2022-02372 (130 Sound Dr. / Atlantic Beach NC / Carteret County) Assigned AID SAW-2022-02372. Thanks, Jho From: Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.army.mil> Sent: Thursday, November 3, 2022 4:07 PM To: WilmingtonNCREG<WilmingtonNCREG9usace.army.mil> Subject: FW: New CAMA Major Permit Application - Dunn Please create a file folder in the CAMA a submittals Carteret folder, create an Action ID and add a GP 56 in ORM Thanks! Liz From: Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Sent: Monday, October 31, 2022 1:37 PM To: Love-Adrick, Rachel A <rachel.love-adrick ncdenr.gov>; Hair, Sarah E CIV USARMY CESAW (USA) <Sarah.E.Hair@usace.armv.mil>; Padrick, Lee <Ipadrick@commerce.nc.gov>; DCR - Environmental_ Review <Environmenta1.Review ncdcr.gov>; Cox, Heidi <heidi.cox@ncdenr.gov>; Harding, Kimberlee k <Kimberlee.HardinR ncdenr.gov>; Harrison, James A <James.Harrison@ncdenr.gov>; Harris, David B <davidharris@ncdot.gov>; Jenkins, Shannon <shannon.ienkins@ncdenr.gov>; Gupton, Sharon <sharon.guoton@ncdenr.gov>; Walton, Tim <tim.walton@doa.nc.gov>; Moser, Mike <mike.moserCa@doa.nc.gov>; Hilliard, Wanda <wanda.hilliard@doa.nc.gov>; Montalvo, Sheri A <sheri.montalvo@ncdenr.gov>; Sullivan, Shelton <shelton.sullivan@ncdenr.gov>; Sams, Dan <dan.sams@ncdenr.gov>; Hall, Christine <Christine.Hall@ncdenr.gov>; Snider, Holley <holley.snider@ncdenr.gov>; Dunn, Maria T. <maria.dunn@ncwildlife.org>; Butler, Rodney A <Rod nev. B utler@ ncdcr.gov> Cc: Bodnar, Gregg <gregg.bodnar@hcdenr.gov>; Styron, Heather M. <heather.m.styron@ncdenr.gov> Subject: [Non-DoD Source] New CAMA Major Permit Application - Dunn Hello All! Please accept this correspondence as the official distribution of CAMA Major Permit Application from Derek Dunn, in Carteret County. Attachments include: Field Investigative Report, work plans, comment sheet, and any other documents intended for you. NOTE _Plebse, complete the bottom portion of the comment sheet with your information and signature: *RETURN TO GREGG BODNAR_at gregg.bodnar(i ,ncdenr.eov* NO oversized work plans have been submitted by the applicant For questions or concerns, please contact Gregg Bodnar at gregg.bodnar@ncdenr.gov or (252) 515-5416 Thank you! Amanda Cannon Permit Support Coordinator, Division of Coastal Management D_E Q North Carolina Department of Environmental Quality 252.515.5406 (Office) �•/ Amanda.cannon@ncdenngov @rxWV'Czt't Xl F3dAr Fkccveta Unvnrri Click HERE to Find the DCM Field Rep in your CAMA region. ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 31. 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality e7. 22— 10. 31. 03 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Officer252-515-5416 (Courier 11-12-09) g regg. bcdnar(cD NC D ENR.gov SUBJECT: CAMA Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by November 21,.2022. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional, comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME 'n/ &XILTl�ltkftA AGENCY 1\"m SIGNATURE Ail DATE j1-I1.-71J7_Z EzCEIVEED NOV 1 6 2022 NIP 531ECTIONI WHO North Carolina Department of Environmental Quality I Division of Coastal Nianagement Morehead City Office 1400 Commerce Avenue 1 Moorehead City, North Carolina 28557 2528082808 Received: 11 /17/2022 Historic Preservation Office ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 31. 2022 MEMORANDUM., NORTH CAROLINA Environmental Quality ER 22-2701 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnaf(aNCD EN R.gov SUBJECT: CAMA Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Due: 11 /21 /2022 Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnar at the address above by November 21, 2022, If you have any questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY State Histori . Preservation Offire DATE November 22, 2022 LE- CEIVEED NOV 2 2 2022 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 om�mmm uwo�enomn� 252.808.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 31, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregq.bodnar cDNCDENR.gov SUBJECT: CAMA Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project.and return this form to Greoo Bodnar at the address above by November 21. 2022.' If you have any questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME James Harrison AGENCY NCDMF RUPECEIVED NOV 3 O 2022 SIP SECTION WHIM nnou D_E.QJ� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252868.2808 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Dircaor October 31, 2022 MEMORANDUM: NORTH CAROLINA EnvironmentalQualify FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEO - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) gregg.bodnar()NCDEN R.gov SUBJECT: CAA4A Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gress Bodnar at the address above by November 21, 2022. If you have any questions regarding the proposed project, contact Heather Styron 252-51515413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project - This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. Lee Padrick PRINT NAM_ E NC Commerce AGENCY SIGNATURE � l M �' EV ED /- DATE 11-27-22 OCT 3 1 2022 MP SECTI®I9 MH® D_EQ� North Carolina Department ofEnvironmental Quality IDivision ofCoastal Management Morehead City office 1400 Commerce Avenue I Moorehead City, North Carolina 28W I,ICw1'➢r.M 24.8082808 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director DATE: December 20, 2022 NORTH CAROLINA Environmental QwIlty FROM: Holley Snider NCDEQ-Division Water Resources 401 Buffer Permitting Branch SUBJECT: DWR#20221506 No Written Approval Required PROJECT LOCATION:130 Sound Drive, Atlantic Beach, Carteret County Dunn Docking Facility PROPOSED PROJECT: Expand the existing docking facility to provide mooring for three (3) vessels The Division of Water Resources (DWR) has received a copy of your CAMA Major permit application request received by this office on October 31, 2022. The waters of Bogue Sound are classified as SA;HQW by the Division of Water Resources (DWR). In accordance with the attached General Certification #4497 (GC 4497), the impacts described in your application do not require written authorization to utilize GC4497. However, you are required to follow the conditions listed in the attached certification. You should also obtain and comply with any other federal, state and local requirements including (but not limited to erosion and sedimentation control regulations and state stormwater requirements before you proceed with your project). Also, the approval to proceed with your proposed impacts to waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htta://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. J A 4� P093 MP ECT10 P 'tl,XD If -a,s North Carolina Department of Environmental Quality I Division of Water Resources .o.nmom au.., D; QJ� 127 Cardinal Drive Ext. Wilmington, North Carolina 28r05-5406 910.796.7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Derek Dunn c/o Robbie Webb 2. LOCATION OF PROJECT SITE: 130 Sound Drive, Atlantic Beach, Carteret County State Plane Coordinates - Longitude: 76 44' 38", Latitude: 34 42' 12" 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 5/24/202 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete—10/13/2022 a'( Office — Morehead City (� 6. SITE DESCRIPTION: (A) Local Land Use Plan —Atlantic Beach Land Classification from LUP — Single Family Residential (B) AEC(s) Involved: PTA (C) Water Dependent: yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Septic Systems Planned- none (F) Type of Structures: Existing — bulkhead, driveway, house and 2 slip pier Planned — third slip with boatlift 7. HABITAT DESCRIPTION: DREDGED FULLED THE (A) Shallow bottom n/a n/a 169sf Inc. (D) Total Area Disturbed: 169 square feet (E) Primary Nursery Area: No (F) Water Classification: SA, HQW Canal is closed to shellfish harvesting 8. PROJECT SUMMARY: The applicant is proposing to add a third slip with boatlift to the existing dock. There is currently a single-family residence with driveway, bulkhead and existing two slip docking facility. A total of three slips are proposed (2 existing and 1 new). The boat size would be limited to a maximum of 21' and would be of open runabout design. Water depths within the existing and proposed slip areas are -4.25' nlw to -4.75' nlw. 9. Project Description The existing 0.018-acre (7,187.41sf) tract is located at 130 Sound Drive, Atlantic Beach, Carteret County. The site is bordered by a man-made canal along the north side of the property. The property shoreline is stabilized with a bulkhead, has an elevation of 2.5' above NHW and has 75' of shoreline. Derek Dunn Field Report 130 Sound Drive Page 2 The waters of Bogue Sound adjacent to the project area are classified as "SA, HQW" by the Division of Water Resources and have been previously dredged within the canal areas. There are no nearby Primary Nursery Areas. According to the maps provided by the Shellfish Sanitation Section of the NC Division of Marine Fisheries, the waters of the canals contiguous to Bogue Sound are predominately closed to shellfish harvesting. No SAV were observed within the project area. There is no dredging proposed within navigable waters and there are no known historic or archaeological areas of value known within the project sites. 10. Proposed Project The applicant is proposing to add a third slip with boatlift to the existing two slip docking facility. The applicant is proposing a 13' x 13' boatlift along the east side of slip 2 and the existing finger pier. All work would not exceed a maximum distance of 26' from the bulkhead. The canal has a width of 104' at the most constrictive point along this area of the property. A waiver was obtained from Mr. Wilkes to encroach within the 15' riparian setback along the Dunn/Wilkes riparian access line. 11. Anticipated Impacts: The development would incorporate 169 sf of shallow bottom habitat. The proposed third slip with boatlift would not interfere with navigation and would meet the '/< width rule (26' max from nhw) and not extend into the channel portion of the canal. No dredging is proposed at this time due to the -4'+ nlw water depths within the slip areas. There would be no impacts to wetlands, shellfish or SAV resources. Submitted by: Heather Styron Date: 10/20/2022 Morehead City District Office Project Narrative for Derek Dunn To Whom it may concern, Our project is located at 130 Sound Drive in Atlantic Beach, NC. We are proposing to install a new 13'x13' boat lift. The purpose of this project is for recreational boating and fishing. Thank you for your time and consideration on this proposal. The project proponent hereby certifies that all information contained heroines true, accurate and complete to the best of my knowledge and belief. The project proponent hereby requests the the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Sincer1?40e 1 lg�U Robbie Webb RECEIVED OCT 13 2022 DCM-MHD CITY 8:42 $1 LTE E webbddc@gmail.com 8:15 AM 40 To: 40lPreFile@ncdenr.gov > Derek Dunn Major Permit I am needing to apply for a major permit for addition of a 3rd boat slip(lift) for Derek Dunn located at 130 Sound Drive in Atlantic Beach, NC. Please let me know if you need anything else! Thanks Andre AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: �7FtZE(C —povlO Mailing Address: Phone Number: Email Address: 13a St-�lrhr�p -V-F I certify that I have authorized 71? 91�lE Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: / 3 )` l3 13ooT C i/--T at my property located at / 3a 5owND 7l DIVE Are41-Tie / WIj Nc in —CA i rE?C _ County. l furthermore certify that / am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Print or Type Name Title Date RECEIVED RECEIVED This certification is valid through I I SEP 2 3 2022 MAY 2 4 2022 DCM-MHD CITY DCM-Mtit) CITY N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONNVAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner. %�� V %UN!'J Address of Property: / 3 D So vti �> -pJ11 Lf /r! (AN7?C K'i!5�,q Gk1 /t/C Mailing Address of Owner. S4n9 E AS 466y15 Owner's email: Agent's Name: Agent's Email: Owner's Phone#: ZS Z - 71y 76 Agent Phone#: ZSZ ;7 �l�S ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION Bottom portion to be completed by the Adjacent Property Owner) I hereby certify that lawn property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A description or drawing with dimensions must be provided with this letter. I DO NOT have objections to this proposal. I DO have objedions to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCAQ in writing wiWn 10 days of receipt of this notice. Correspondence should be mailed to 400 Conuaerce Ave., Morehead City, NC 28557. DCM representatives can also be conbcted at (25-2) 806-2808. No response 1s considered the same as no objection if you have been noegied by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, kft, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must Sian the appropriate blank below.) I DO wish to waive some/all of the 15' setback f� W 444� -OR- rg Riparian Rwner operty O I do not wish to waive the 15' setback requirement (initial the Wank) Signature of Adjacent Riparian Property Owner. Typed/Printed name of ARPo: JoEllen H. Mailing address of ARPO: 110 Marseille Place, Cary, NC 27511 ARPO's emell: jowilkes@jalucas.cpa ARpo s phone#: 919-417-1723 118/2022 +Waiver is valid for up to one year from ARPO's Signature* Revised May 2021 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director October 19, 2022 Derek Dunn C/o Robbie Webb P.O. Box 1885 Morehead City, NC 28557 Dear Mr. Dunn: NORTH CAROLINA Environmental Quality The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your project at 130 Sound Drive. in Atlantic Beach, Carteret County. The application was received as complete on 10/13/2022, and appears to be adequate for processing at this time. The projected deadline for making a decision is 12/27/2022. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from 10/13/2022, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and 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. Sin er I T1 _ Heather M. Styron District Manager, Division of Coastal Management gaa o.e.ona�m. w.mr North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2525155400 1 _01W4 v'-A 'J!A 07, ", W- FXI ii�l5!►! �'I'" ► �i�:p� Carteret Publishing Co. PO Box 1679 • Morehead City, NC 28557 MS. ��i$ CarolinaCoastOnlinexom Tideland News 252-726-7081 910-326-5066 5M Executive Drive, Suite 3DO • Morehead City .----- --- ----- __.-. _ ______ PAYMENT RECEIPT ___ __ _ _. , ------ Receipt Date: 10/20/2022 Advertiser: NC Division of Coastal Management#1 Account Number: 3098 = PAYMENT DETAILS Payment Date: 10/2012022 Approval Code: 064163 Reference No: 13184 Last 4 Digits of Card: 4508 Amount: $55.38 Payment Method: Credit Card New Description: Paid-CAMA 130 Sound Dr ROY COOPER Governor ELIZABETH S. BISER Secretary BMXTON DAVIS Director Carteret News Times PO Box 1679 Morehead City, NC 28557 NORTH CAROLINA Environmental Quality Re: Public Notice - Derek Dunn,130 Sound Drive Dear Sir: October 20, 2022 Please publish the attached Notice in the 10/26/2022 issue of the Carteret News Times. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to Jessica Gibson -Murray, NC Division of Coastal Management, 400 Commerce Avenue, Morehead City, North Carolina 28557, Telephone (252) 515-5400. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Morehead City office. Sincerely, Heather M. Styron Heather M. Styron Coastal Management Representative J'9:�Irn���C�9, fro u.�enmxi itn.eemoememi.an� North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 2525155400 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an Area of Environmental Concern as designated under the CAMA was received as complete on 10/13/2022. According to said application, Mr. Derek Dunn proposes to add a third slip with boatlift to the existing 2 slip docking facility at 130 Sound Drive in Atlantic Beach, NC. A copy of the entire application maybe examined or copied at the office of Heather Styron, NC Division of Coastal Management, located at 400 Commerce Avenue, Morehead City, NC, (252) 515-5417 during normal business hours. Comments mailed to Braxton Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, N.C. 28557, prior to 11/15/2022, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. PUBLISH ON: 10/26/2022 North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City OfFlce 1 400 Commerce Avenue I Morehead City, North Carolina 28557 o,oumievoi"urxacrc�wmuu� /� 2525155400 N.C. DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONMAIVER FORM CERTIFIED MAIL RETURN RECEIPT REQUESTED or HAND DELIVERY (Top portion to be completed by owner or their agent) Name of Property Owner: _Dlw--r g -DJ i`) A Address of Property: 1,:3Z% 5 oor1.'D `D'- AMA IrI C. `FC-44 t, e- Mailing Address of Owner: Owner's email: Agent's Name:-Rpf;5j15 l.re� Agent's Email: Owner's Phone(.d S�� q'6 qO Agent Ph`onei�5-•-)-7 IIS ADJACENT RIPARIAN PROPERTY OWNER'S CERTIFICATION Bottom portion to be completed by the Adiacent Property Ownerl I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me, as shown on the attached drawing, the development they are proposing. A I DO NOT have objections to this proposal. I DO have objections to this proposal. If you have objections to what is being proposed, you must notify the N.C. Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 400 Commerce Ave., Morehead City, NC 28557. DCM representatives can also be contacted at (252) 808-2806. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that any proposed pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me (this does not apply to bulkheads or riprap revetments). (If you wish to waive the setback, you must sign the appropriate blank below.) I DO wish to waive some/all of the 15' setback/% - Sift (ur Adjacent Rlparfan Property Owner -OR- I do not wish to waive the 15' setback requirement (initial the blank) Signature of Adjacent Riparian Property Owner: l Typed/Printed name of ARPO:yo(/i l.4 5 Mailing Address of ARPO: -1 92)S (-)L-S; Y� ARPO's email: ARPO's Phone#: Date: *waiver is valid for up to Mr?TT r" ARPO's Signature' Revised May 2021 OCT 13 2022 DCM-MHD CITY NORTH GkROLInIA, CARTERET COUNT' TMf klMxnent and tllk «MeM'/I Firs, duly fM0 tl the data and ama and In the Book and Page shown on the Ent Page hereof. FILE 1100 0 le, eWl6lenllml OEGISIEY 0, .,EYS pow u;+r.�w Cirb it Lewly NC NoYeker 21; 2013 Q D2:27 JL DIT 20 P FEE $76 00 FILE 11466040 Deed of Trust _ Return To: Pile/ P nGny S . Harrington Greenville, NC 27835 Prepared By: Danny A. Harrington MIN: 100159966170750573 Deftiti n Words used in multiple sections of this document we defined below and other words are defined in Sections 3, It. 13. 18, 20 end 21. Certain mla regarding the usage of words used in this document are also provided in Section 16, (A) -3a rlty lmte ant" means this dowmeot, which is dated November 21. 2013, together with all Riders to this document. (B) "Borrower -is Derek P Dunn and wife, Elizabeth K. Dunn Borrower is the tmstor under this Security Instrument. (C) "Lander is Branch Banking and Trust Company lender is Corporation mgmized and existing under the laws of NORTH CAROLINA ol1.11.11 10C1 Wor YCIrIY GPIXNMaMYfwMiYY,a. . ...spusm MenUY8u WRY Yee faun 0la, VYY a aYY/Y 6Yrern YYAaa1C� I1�la Wiv,YY-Y iF,nrY rYYb 2� B001VL/,PAGE,&. RECEIVED CCT 14 2022 DCM-MHD CITY Lendu'saddromis 223 West Nash Street, Wilson, NC 27893 (C-1) The name of the Mortgage Broker is N/A (D) "Trustee"is Jennifer Grant (E) "M ERB- is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigm. MERS 1. 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, let. (888) 679-MERS. (F) "Note" means the promissory note signed by Borrower and dated as of the date hereof . Thl Note states that Borrower owes Lender Four Hundred Thousand And Zero/100 Dollars (U. S. $ 400.000. 00 ) plus interest. Borrower has promised to pry this debt in regular Periodic Payments and to pay the debt in fell act later than December 01. 2033 . (0) "Property" menu the property that is described below under the heading "Transfer of Rights in the Property.'. (H) 'loan' mraas the debt evidenced by the Note, plus interest, my prepayment charges and late charges due under the Note, and all sumo due under this Security Inatrumenq plus interest. (1) "Riders" morns all Riders to this Security Instrument that are retarded by Borrower. The following Riders me to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rid" O Planned Unit Development Rider 14 Family Rides VA Rid" Biweekly Payment Rider Others) [specify] (J) "Applicable law" memo all controlling applicable federal, state and local Maurice, regulations, ordica e. and administrative rules and orders (that have the effect of law) in well as all applicable final, non -appealable judicial opinions. (IQ 'Community Association Dues, Fears, and Assessments" means all du", fees, assessments and other charges that we imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (U neac runic Fonds Transfer' means my transfer of funds, other than a trmsadion originated by check, that, or similar paper instrument. which is initiated through an electronic terminal, telephonic inatrrrten4 computer, or magnetic tape so m to order. Instruct, or authorize a financial institution to debit or credit an account. Such tam includes, but is not limited to, point -of --sale transfers, autornmed teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse manatees. wnmmsr rasvmur WerNd(rN GYRN..2FpY Fa.M'rn^YYYIF.pY YtrlkYalY MfM1YBIi WIiN YFa9 rear lei ra. a"ao ere-,.w vawANeMe n110 sr NNYIYwW Mnkw r 1r BOOIQY LPAGE-ZO-- RECEIVED OCT 14 2022 DCM-MHD CITY (M) "Escrow Items" means those items that = described in Section 3. (N) 'M iscelleneous Proceeds means any compensation, settlement, award of damages, or proceeds paid by any third party (other than hanturce proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (u) condemnation or other taking of all or any pan of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresrntations of, or omissions as to, the value and/or condition of the Property. (0) 'Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (P) "Periodic Payment" means the regularly scheduled summit 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 Estate Settlement Procedures Act (12 USC. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject manse. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Lone does not qualify as a "federally related mortgage loan" under RESPA. (R) "Successor In Interest of Somowaf name any party that has taken title to the Property, whether or not that parry has mounted Borrower's obligations under the Note and/or this Security Instrument. Transfer of Rights In the Property The beneficiary of this Security Instrument is MERS (solely ae nomince for Lender and Lender's successors slsd assigns) and the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the repaymml of the Loan, and all renewals, extensions and modifications of the Note; and (a) the Performance of Borrower's covenants and ageenena under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustce' a successors and usigro, in trust, with power of sale, the following described property located in the County of Carteret (Type ofRecordieg Junselchoe) (Nome ofRecordieg Jurisdiction) BEING LOT TWENTY-EIGHT (28), Block Fifteen (15), OF THE ATLANTIC BEACH ISLES SUBDMSION, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN MAP BOOK 11, PAGE 29, OF THE CARTERET COUNTY REGISTRY, IN BEAUFORT, NORTH CAROLINA. aenmsosr reenuar mean casouxa.swa•r�w-r.,,w u.a,rr Y-uxrw •arawert wrtx Ylsa s.i. ual cal wwv� xi".•�•xnine i 9mxa VYMIMCIII110rtl Iq• ] M la B00K_PAGEY,:2- RECEIVEQ OCT 14 2E12 DCM-MHD CITY] Petal III Number: 6375.16. 74.9620000 which currently has the address of 130 Sound Or (Scree) Atlantic Beach (City). North Carolina 28512 (Zip Code) ("Property Address"): TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the improvemrnb now or hereafter created on the property, and all easements, appurtenances, and fixtures now or hereafter a pert of the property. All replermlents and addition abate also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument a 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 (a minister for Lender and Lender's successors and asldgns) has the right: to exercise any or all of those invariant, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Leader including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property Lid that the Property is unencumbered, except for encumbrances of record. Borrower warren and will defend generally the title to the Property agaioat all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform CDVMMU with limited variations by jurisdiction to constitute a uniform security instrument covering real POP". UnBorm Covenants. Borrower and Lender covenant and agree as follows: t. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and late Charging. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the New and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender w payment under the Note or this Security Inatrument is recurred to Lender unpaid, lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in om or more of the following foram, as selected by Lender: (a) cash; (b) money order; (a) certified check, bank check treasurer s check or cashier's check, provided any such check is drawn upon an institution whose deposits ere insured by a federal agency, instrumentality, or entity; or (it) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location a may be designated by Lender in accordance with the notice provisions in Section 15. Lends may rerun any payment or partial paymem if the payment or partial payments as insufficient to bring the Loan current. If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligation of Borrower hereunder pursuant to Section 22 the Lender may accept any payment or partial payment insufficient to bring the Loan curreal, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied a of its scheduled due date, than Lender need not pay interest on umpplied funds. Lender may hold such =applied funds until Borrower NpR MnGaIIXX,X3YjX r�YrnYa YrarwYYXe UXIfWI 01 sam..r war.Y9a — t"Irs, VXYre WX,n ByY�„X VMAaMLl lllla Of MX, XMX RreeeX a..e. Ppa r a� a : SA .tk RECEIVED OCT 14 2022 DCM-MHD CIT'' 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 outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Burrower from making payments due under the Note and this Security Instrument or perforating the covmants and agrecmmu secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining arnouns shall be applied first to late charges, second to my other amounts due under this Security Instrument, and then to reduce the principal balmce of the Now If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay my late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply my payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent thin my excess exists after the payment is applied to the full payment of one or more Periodic Payments, such aces may be applied to my late charges due. Voluntary prepayments shall be applied first to my prepayment charges and than as described in the Nole. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the annual, of the Periodic Payments. Funds for Escrow Items. Borrower shall pay in Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and mseasments and other items which can anain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for my and all insurance required by Lerida under Section 5; and (it) Mortgage Insurance premiums, if any, or my sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These it. are called "Escrow Items." At origination or at my time during the term of the Loan, Lender may require that Community Association Does, Fees, and Assessi mis, if my, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all mum of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Bon owce s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for my or all Escrow Items at my time. Any such waiver trey only be in writing. In the event of such waiver, Borrower shall pay directly, when and what payable. the amounts due for my Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require. Boaow e s obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "mvenmt and agreement' is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the antrum due for an Escrow Item, Lender may exercise its rights sano+sosr noeuuur NONIN GMXN1.aFpM r�,MswnXY WT,+tlr Ys aNMpY Ma+MYM MRX Y9a MXIOIru11g1 V. its .+ Farw.ew 9wM� vYMNMe�la40' B00K—/Z(u/ae'1PAQE-, RECEIVED OCT 14 2�22 DCM-MHD CITY under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a nottce given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts. that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds a the time specified under RESPA, and (b) not to named the maximum amount a louder can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whom deposits arc insured by a federal agency, inetmmetality, or entity (including Lender. if Lender is an institution whose deposits are m insured) or in any Federal Home Lose Bank. Lender shall apply the Fonds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest in earnings on the Funds. Borrower and Lender can agree in writing, howcvcr, that interest shall be paid on the Fonds. Lender shall give to Borrower, without charge, an annual accounting of the Foods as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Harrower for the eaeeas funds in accordance with RESPA. If there is a shortage of Funds held in escrow, ss defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in mcordmce with RESPA, but in no more than 12 monthly payments if there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrows an required by RFSPA, and Borrower shall pay to Lender the amount nnessery to make up the deficiency in accord== with RESPA, but in no rmrc than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Lima. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can main priority over this Security Instrument. leamhold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assmamens, if my. To the extent that them items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge my lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a nsnner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) coatis the lien in good faith by, or defends against mforcerenl of the lim in, legal proceedings which in Lender's opinion operate to prevent the mformi snt of the lim while those procedings we Pending, but only until such proceedings are concluded; or (c) mcure from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender Z oursoar WI U aP,CxMLW/.SNpY Nna/FwnYY WFaC4 a-MrygIMRWYBIn M rasnuor YPH rwn rare lq+ a.aoaruaes.� vawxM$, ter or wmw.xwwaa.wa aw.tu v-.a +a 13 DKZZ6(.,PAGE-ZO-- R f C' DCM-MHD CITY determines that any pan of the Property is subject to a lien which can stain priority over this Security Instrument, Leader may give Borrower a notice identifying the lie- Within 10 days of the date on which that notice is give, Burrower shall satisfy the lim or take one or more of the actions ad forth above in this Section /. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Lam. Property Insurance. Borower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the terra "extended coverage," and my other hazards including, but not limited to, earthquake and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences earl change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower' a choice, which right shall not be exercised unreasonably. Linder may require Borrower to pay, in connection with this Loan, either: (a) a ono -time charge for flood zone determination, certification and tracking services; or (b) a ono -time charge for flood sure detenniralion and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of my fees imposed by the Federal Ernergency Management Agency in connection with the review of my flood cone determination resulting from an objection by Borrower. If Borrower fails to maintain my of the coverages described above, Lender may obtain insurance coverage, at Lander's option and Borrower's expense. Lender is under no obligation to purchase my particular type or amount of coverage. Therefore, such coverage shall cover Lender, but night or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against my risk, hazard or liability and might provide greater or laser coverage than was previously in efTat. Borrower acknowledges that the cost of the Marxism coverage so obtained might significantly exceed the anal of insurance that Borrower could have obtained. Any smouna disbursed by Lander under this Section 5 shall become additional debt of Borrower snared by this Security Instrument. These amounts shall bear interest at the Note rate from the dam of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Leader and renewals of such policies shall be subject to Lendd s right to disapprove such policies, shall include a standard mortgage chess, and shall rams, Lender as mortgagee and/or as an additional loss payoc Lender shall have the right to hold the policies and renewal certificates, If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains my form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name !.ender a mortgagce md/or m an additional loss pays. In the event of loss, Borrower shall give prompt notice to the insurance carrier and (.ender. Leader may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, my insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessimed Daring such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an "=a G1glw'edlgX [cud rDDIMNUI VYPe aYNWr 6rXwn,ry XiWmNYWF�ILYW YMIf011Y M8nVYBn W11X Y9n vis"WC�j1111 let ` WrYnaMW IYurclY aYvlu �Ilpirtlla BOOKL�PAQE-Z4- RECEIVFC OCT 14 20 DCM-MHD �ITY opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, Provided that such inspection shall be andertaken promptly. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the inammuce proceeds and shell be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if my, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Land, may file, negotiate and settle my available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from leader that the insurance carrier has offered to nettle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lend, enquires the Property under Section 22 or otherwise, Borrow, hereby assigns to Lender (a) Burrowee s rights to my insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower' a rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Oectrparwy. Borrower shall occupy, establish, and use the Property ex Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrowed a principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, m unless extmualing circumstances exist which are beyond Borrower's control. 7. Prewrvatlon, Maintenance and Protection of the Property; Inspectiona. Borrow, shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is desermioed pursuant to Section 5 that repair or restoration is not ecm mucally feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds we paid in connection with damage to, or the hiking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lend, has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds we not sufficiant 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 carries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable Cause eeneneu 3 rand I , a loRrx uMLLa4 aF/.rre,Irn4YN,W.xR uxagY YerlalYBlrrm,uw qn sea. er vase aa..Mrera wr..xr. area assert vaaxryCln�rO r M1pe ,a RECEIVED OCT 14 2022 i DCM-MHD CIT� S. Bortowers Loan Application. Borrower shall be in default if, during the loan application process, Borrower or any persons or entities noting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or innccurare information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property a Borrower s principal residence. 9. Protection of hander's Interest in the Property and Wghts Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security ha trument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Imminent (such as a proceeding in bankruptcy, probate, for conformation or forfeiture, for enforcement of a lien which may anain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or guessing the , value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to. (a) paying my some secured by a lien which has priority over this Security Inshrmrmt; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks. replace or board up doors and windows, drain water from pipes, eliminate building m other code violations or dangerous conditions, and have utilities turned on or off. Although Linder may take action under this Section 9, Lender does not have to do so and is not under my duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rem from the date of disbursement and shall be payable, with such interest, upon notice from Linder to Borrower 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 title shall not merge unless Linder agrees to the merger in writing. 10. Mortgage Insurance. If Linder required Mortgage Insurance as a condition of making the loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for my reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments tow" the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain Coverage substantially equivalent to the Mortgage Insurance Previously in effect, or a coat substantially equivalent to the war to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall Continue to pay to Lender the amount of the separately designated payments that were due when the insurance Coverage ceased to be in effort. Leader will accept, use and retain these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance. Such eevmeoa+ raaauar NNMN CA NOLIN A 9WH4 Hinia WWWWM1WYL IhW UNsDAW MarlgYelr WITH Mae Men a%r 1A1 Woll ®Mluv��Fl��neLi'�'I'S-rWLL VYnane11 Wla l0a BOOKdi�QPAGE-�Z/­­ RECEIVED OCT 14 202I DCM-MHD CITY Ion reserve shall be non-refundable, notwithstanding the feel that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss nos w if pemuned under Applicable Law. Leader can on longer require loss reserve payments if Mortgage Imurmce coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated paymarts toward the premiums for Mortgage Insurance. If Lender required Mortgage Instuance, as a condition of malting the Loan and limrower wee required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the prepdmrs required to maintain Mortgage Immunce in effect, if permitted under Applicable Law, or to provide a non-refundable Ions reams, until Lender's requirement for Mortgage Insurance ends in accordance with my written agreement between Borrower and Lender providing for such termination or until temdnation is required by Applicable Law. Nothing in this Section 10 affects Borrower' a obligation to pay interest at the eve provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is trot a perry to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties thin 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 (m parties) to these agreements. Than agreements may require the mortgage insurer to make payments using my source of funds that the mortgage insurer may have available (which nay include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Larder, any purchaser of the Note, another insurer, my rains mer, my other entity, or my affiliate of my of the foregoing, may receive (directly or indirectly) mounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in etchings for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. Theo rights may Include the right to receive certain diulomres, to request and obtain cancellation of the Mortgage Imunnce, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. XrOX1 M]SG51 soap !!1]1 a-v.. Yu'^ian ManN raIYYWFrOYas WIIPCIaI NarN1YM WIrMMwn xu.x nxKw s..ar r91i1,X oI ie B00K6Y--z1FAGE 4L RECEIVED OCT 14 DCM-MHD 0TY1 11. Assignment of Mlseellanemrs Proceeds; Forfeiture. All Misoelaneous Proceeds are hereby assigned to and shell be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to arcane the work has been completed to Lender's swisfactico, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments We the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Mismllaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Mi"laneous Proceeds. If the restoration or repair is not economically feasible or Lender' a security would be lessened, the Miscellaneous 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 Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the Warns secured by this Security Instrument, whether or not then due, { with the excess, if any, paid to Borrower. t In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greeter than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the some seemed immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied 1 to the sums secured by this Security Instrument whether or not the some we then due. i j If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Parry (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the some secured by this Security lnatrument, whether or not than due. "Opposing Parry" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shell be in default if any action or proceeding, whether civil or criminal, is begun that, in Lendees'ud judgment, could result in forfeiture of the Pro 1 &ro party or other material impalement of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a eenmeaw IaaunwF Wpna LARDAVMMPoIa FFina/.FWW MWWMtl Mn UN"Wa INSTRUMENTWIIM Meas .raa11N1 WMFei pink, f�mM.—I— VYPo/.UI C11111a 0a IMe.11 e)Fe B00K/ 1?�LPAGE_ O RECEIVFD 0 C T 1 4 ZG''V DCM-Hama UTY default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling then, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender' a interest in the Property or rights under this Servrity, Instrument. The proceeds of any award or claim for damages thin are attributable to the impairment of Lattice a interest in the Property ere hereby assigned and shall be paid to Lender. All Miscellaneous Pracads that we not applied to restoraicn or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrows. Lender shall not be required to commence proceedings against any Successor in Interest of Burrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower Any forbearance by Lender in exercising any right or remedy including, without limitation, Lendee a acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrar that Borrower's obligations and liability shall be joint and several. However, any Borrows who a -signs this Security Instrument but dos not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make my accommodations with regard to the lams of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, my Successor in Interest of Borrower who assumes Borrower' a obligations under this Security Instrument in writing, and is approved by lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower' a obligations and liability under this Security Instrument unless Leader agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except ea provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Linda may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lander' a interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fcs to Borrower shall not be construed u a prohibition on the charging of such fee. Lends may not charge fear that are expressly prohibited by this Security Instrument or by Applicable Law. If the Lon is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collated or to be collated in cannectim with the Loan exceed the permitted limits, then: (a) my such loan charge shall be reduced by the amount necessary to reduce the chugs to the permitted limit; and (b) my sums already collated from Borrows which ' eeoereoa roonour xoarxuauasaegi. P...pax.wurnrr u. vxirorol iMeralYew wax sea wa,sealYl VYPe an.va SYNwM VM WxMCIIl110tei wen.. xY.. Pw.new awM. re•Iro le SOOKIL�LPAGE Z O RECEIVED OCT 14 Zov DCM-MHD 9ITY exceeded permitted limits will be refunded W Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If. refund reduces principal, the reduction will be heated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrows might have wising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument most be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrows when mailed by first claw 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. Borrows shall promptly notify Lender of Borrowers change of address. If Lender specifies a procedure for reporting Borrowers change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by nailing it by first elms mail W Lender s address stated herein unless Lender has designated another address by notice to Borrows. Any notice in connection with this Security Instrument shall not be deemed to have been given to Linda until actually received by Lender. If my 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; Bwerebllity, Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to my requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed a a prohibition against agreement by counsel. In the even( that any provision or clause of this Security Instnnnew or the Note conflicts with Applicable Lew, such conflict shall not affect other provisions of this Security Instrument or the Now which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shell mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without my obligation to take my action. 17. Bosowere Copy. Borrower shall be given me copy of the Now and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Bosower. As used in this Swim 18, "Interest in the Property" means any legal or beneficial intaest in the Property, including, but not limited to, those beneficial interests Transferred in a bond for deed, contact for dad, 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 my put of the Property or my Interest in the Property is sold or transferred (or if Borrowa is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this N NL�bWx 84eN Frmlh��nMY WFrNen Ms U... Mar.Men IT. Mn6 Mn3la3ia.41 vMP0 anYw sYM�n,N ivblfsmln1le N 1 0, r W Win Nlu�� AMmW 9wlm p S00KZZJ�(.PAGE-L_ RECEIVED OCT 14 Z02Z DCM-MHD CITY Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the data the notice is given in accordance with Section 15 within which Borrower mun pay all sumo secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enfcr ement 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 Innrument; (b) such other period as Applicable Law might specify for the termination of Barrower's right to reinstate; or (c) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower. (a) pays Lender all sums which than would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender' a interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to ensure 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 expense in one or more of the following forma, as selected by Lender; (a) cash; (b) money order; (e) certified check bank check tressurces check or cashier's check, provided any such cheek is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective m if no acceleration had occurred. However, this right to reinstate shall not apply in the cox of acceleration under Section 18. 20. Sale of Note; Change of Wen Samicer; 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 Services") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Sen icer unrelated to a sale of the Note. If there is a change of the Wen Servicer, Borrower will be given written notice of the change which will state the name and address of the new Wan Servicer, the address to which payments should be smile and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is said and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may carnivore, join, or be joined to any judicial action (as either an individual litigant or the member of a class) thin arises from the other parry's actions pursuant to this Seentry Instrument or that alleges that the other party has breached any provision of, or any duty eevarsosr +osueem NMfN iwkNsym PunjSu,naYWFMEnYSUNIigO1 N6TLMali WRNYda b,m aaN lNl waiei Nw: Pii ew ew.mr vYnNMicwttiil:�'ie SOOKf PAGE RECE 0 C T 14 CGCY DCM-MHD aTY 1 owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notion to take corrective action. if Applicable Law provides a time period which most elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 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 or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not muse or permit toe 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 crmtea an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely effects the value of the Property. The preceding two muctices shall not apply to the presence, use, or storage on the Property of amall quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, M1e sodous subsistence in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited M. any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition mused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower 1 lesions, or is notified by any governmental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower, shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing berein shall create any obligation on Lender for an Environmental Cleanup. Non -Uniform Covenants. Borrower and Lender further covenant and agree as follows: 22. Aceeleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shell specify: (a) the default; (b) the action required to cure the default; (c) a date, not Ins than 30 days from the date the notice Is given to Borrower, by which the default must be cured; and 11111,016011 lniiiuui NMIHGUwUNMBa1&Fioa1.Wa- UN F. aSTRUMmT W?X MM I.-1]l, 11i, WMi, •W"'MI woY awlu VUPoNIXL11....)03 ai"lao I[ 8W 4 PAGE 4/O OCT 14 21 DCM-MHQ CITY I (it) that failure to cure the default on or before the date specified in the notice may result in aceeleratlon 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 Wert in the foreclosure proceeding the non-existence of a default or any other defwse of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the ounce, Lender at Its option may require Immediate payment In full of all sums secured by this Security Instrument without further demand and may invoke the power of site and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fen 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 Trust" can proceed to salq Trustee shall take such action regarding ..He. of sale and shall give inch notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the term, designated in the notice of sale In one or more parcels and In any order Trustee determine. 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 warsanty, 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, including, but not limited to, Trustee's fees of S.000 b of the grow sale price; (b) to all sums secured by this Security Instrument; and (c) any eacesa to the person or persons legally entitled to It. The Internet rate set forth in the Note shall apply whether before or after any Judgment on the Indebtedness evidenced by the Note 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shell cancel this Security instrument. If Trustee is requested to release this Security Instrument, all notes evidencing debt secured by this Security instrument shall be surrendered to Trustee. Borrower shall pay any recordation wets. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid m a third party for service tendered and the charging of the fee is pemdued under Applicable law. 24. Substitute Trial". Lender may from time In time remove Trustee and appoint a sutxeamr trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded Without conveyance of the Property, the suwrasm (coulee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable law. 25. Attoi neys' Fees. Anomeys' fees must be reasonable ....401.a.Y rWneeaWWYraw.....I. WRY1YmT Wn. Res six, l,al wYY. Y4Mx rMW Yrb VYRIpCp111a1Nr1 BOOKZPAGE_ZL_ OCT 1 4 ,_ ;. DCM-MHD CITY BY SIGNING UNDER SEAL BELOW, Borrower accepts and -gees to the terms contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. (Sea!) Derek P D -Borrower Eli a etb K. Dunn -Borrower -Borrower 0 Refer to the attached Signature Addendum for additional parties and signatures. eenmeser reelfm MOMfM GalnaaSNNNFMeyiennNY�'Rtlae4s UNIFpN1 INSTRUMENT WITH MEN Mmrai1 IMP YYFe emXn Be4—�N VMMINL1111101eI Waew Way. ft—W a.'I— Flee 1r M 11 BOOK,4AGE_�/O RECEIVED OCT 14 DCM-MHD CITY Acknowledgment State of IJ. C - Countyof P.* I. Nz)o a rti � . .kO ", Kio�. e nouuy public, do hereby a ify the Derek P Dunn and Elizabeth E. Dunn Personally appeued before me this day and ackn�ow'ledged the due execution of the foregoing instrument. Wimess man y hand and official stompfV or seal on IDVG.vw Ser w1��20l� 1 Notary Poblic—Z�),awws.fA *--ixrion ewes.: 'It'j0 1 Zd 1 sarrmwsr vxuv0 e.nxxs:.xh ..:n`W�".xu..mrai. w.e uxiroxu usrwuert wnx uem Uanny A Harnng[on Notary Public Fitt Coun North Carolina My Commisslon E piraa la.mv I so4 tnt vuwaMdnua ax r.r.n u BOOK, PAGE �/O RECEIVED OCT 14 2021 DCM-MHD CITY SECOND HOME RIDER THIS SECOND HOME RIDERIS made this 21st day of November 2013 and is incorporated into and shall be deemed to amend and supplement the Mortgage, Dead 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 Noteto Branch Banking and Trust Company (the "Lender") of the same date and covering the Property described In the Security instrument (the "Property'), which is located at: 130 Sound fir Atlantic Beach, NC 28512 [Property Address) In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree that Sections 6 and B of the Security Instrument are deleted and are replaced by the following: S. Occupancy. Borrower shall occupy, and shall only use, the Property se Borrower's second home. Borrower shall keep the Property available for Borrower's exclusive use and enjoyment at all times, and shall not 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 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 materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's second home. 6617075057 7001988437 MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddle M UNIFORM INSTRUMENT Farm 3890 1101 Page 1 of 2 Initials: 4J85R (0811) VMP Mortgage Solutions, Inc. (800)521-7291 BOOKAGEC d RECEIVED OCT 14 2021 DCM-MHD CITY BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in IN Second Home Rider. // (Seal) (Seal) Derek P D -Borrower -Borrower - () (Seal) Elttafibeth K. Dunn -Borrower -Borrower .._ (Seal) (Seal) -Borrower -Borrower (Seal) _.. (Seal) -Borrower -Borrower 6617075057 7001986437 MULTISTATE SECOND HOME RIDER - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3890 1 /01 et-385R (0811) Page t of t RECEIVFR OCT 14 DCM-MHG ROY COOPER Governor ELIZABETH S. BISER Secretory BRAXTON DAVIS Director October 31, 2022 MEMORANDUM: NORTH CAROLINA Environmental Quality FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Office: 252-515-5416 (Courier 11-12-09) areoo.bodnar(dNCDENR.aov SUBJECT: CAMA Application Review Applicant: Derek Dunn Project Location: 130 Sound Dr, Carteret County Proposed Project: Third Slip Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greqq Bodnar at the address above by November 21,_2022. If you have any questions regarding the proposed project, contact Heather Styron 252-515-5413. when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" PRINT NAME AGENCY SIGNATURE DATE 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. North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 rW,x11T.Wz0n NC Division of Coastal Management Major Permit Application Computer Sheet (I UO112012) Applicant: Derek Dunn Date: 10/20/2022 Project Site County Carteret Staff. HMS District: ❑Elizabeth City ❑Washington EMorehead City ❑Wilmington Project Name: Dunn Date of initial application submittal. (EX,, 1/6/2007): OW V2022 Date application "received as complete" in the Field office ; 10/13/2022 Permit Authorization: ®CAMA ❑Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION PNA: ❑Yes ENo Photos Taken: Yes ❑ NoE Setback Required (riparian): NYes ❑No Critical Habitat: []Yes NNo ❑Not Sure 15 foot waiver obtained: ❑Yes NNo Hazard Notification Returned: ❑Yes NNo SAV: ❑Yes ENo ❑Not Sure Shell Bottom: ❑Yes []No []Not Sure Temporary Impacts: NYes []No Sandbags: ❑Yes ❑No []Not Sure Did the land use classification come from county LUP: []Yes NNo Mitigation Required (optional): ❑Yes NNo Moratorium Conditions: ❑Yes ❑No ❑NA Environmental Assessment Done: ❑Yes NNo El NA SECONDARY WATER CLASSIFICATION — OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) N High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis spicata) ❑ (SC) Bullrush or three square (Scirpus sp.) ❑ (TY) Cattail (Typha sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina patens) roemerianus) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 can ❑ III(D) Priv. public or comm w/ D&F to 1 acre; be applied - $250 3490 can't be applied - $400 ❑ Minor Modification to a CAMA Major permit - ❑ Major Modification to a CAMA Major permit ❑ IV Any development involving D&F of more $100 -$250 than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 3490 can be applied - $400 ❑ Major development extension request - ❑ ll. Public or commercial/no dredge and/or fill $100 -$400 E I. Private no dredge and/or fill - $250 ❑ lll(C) Priv. public or comm w/D&F to 1 acre; 3490 can be applied; DCM needs DWQ agreement - $400 NC Division of Coastal Mgt. Application Computer sheet, Page 2 of 3) Applicant Derek Dunn Date: 10/20/2022 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One boatlfit 1 New Work ❑ Replace 13' 13' Maint ❑ ❑ Y ® N New Work ® Replace Maint ❑ ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ® ❑ Y ON New Work ® Replace Maint ❑ ❑ Y ® N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work 2 Replace Maint ❑ ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ® Replace - Maint ❑ ❑ Y ❑ N New Work ® Replace Maint[-_] ❑ Y ❑ N New Work ® Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint 0 ❑ Y ❑ N Applicant Derek Dunn Date: 10/20/2022 Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. Habitat Name . DISTURB TYPE Choose One TOTAL Sq. Ft. (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Sq. Ft. (Anticipated final disturbance. Excludes any restoration and/or temp impact amount) TOTAL Feet (Applied for. Disturbance total includes any anticipated restoration or temp impacts) FINAL Feet (Anticipated final disturbance. Excludes any restoration and/or temp impact amount Shallow Bottom Dredge ❑ Fill ❑ Both ❑ Other E 169sf 169sf Dredge ❑ Fill ❑ Both ❑ Other E Dredge E Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill E Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ DCM Coordinator: Gregg Bodnar Distributed Yes® No ❑ Applicant: Distribution Date: AGENCY WIRO WARO LPO Rachel Love Adrick MHC Rachel Love Adrick Washingon DCM Planner Mike Christenbury Wilmington Charlan Owens Eliz City US COE: Liz Hair Raleigh Bland (Beaufort Camden, Chowan, (Carteret Onslow, Pender) Craven, Hertford, Hyde, Perquimans, Tyrrell) Jordan Jessup (TBD) Josh Peletier — (Bertie, Currituck, Dare, Gates, Greg Curry (TDB) Pamlico, Pasquotonk, Washington) USCOE (NC DOT) (Brunswick, New Hanover) DOT - TomSteffans— (Beaufort, Carteret, DOT Brad Shaver Craven, Pamlico (Brunswick, New Hanover, Onslow, Pender) Mark Zeigler (Onslow, Pender, New Community Assistance Hanover, Brunswick) Lee Padrick (Beaufort Carteret, Craven, Eliz Lee Padrick (Beaufort Carteret Craven City, Pamlico, Washington) Eliz City, Pamlico, Washington Cultural Resources Renee Gledhill -Earley Renee Gledhill -Earley Div. of Water Infrastructure Heidi Cox Clif Whitfield Marine Fisheries Kimberlee Harding Jimmy Harrison NC DOT David Harris David Harris Shellfish Sanitation Shannon Jenkins & Sharon Gupton Shannon Jenkins & Sharon Gupton Tim Walton & Mike Moser & Wanda State Property Hillard Tim Walton & Mike Moser & Wanda Hillard DEMLR/DWR: Sheri A. Montalvo/Shelton Sullivan Sheri A. Montalvo/ Shelton Sullivan (NC DOT) Kristy Lynn Carpenter Kristy Lynn Carpenter DEMLR Sediment & Erosion Dan Sams Sami Dumpor Storm water Christine Hall Roger Thorpe DWR 401 Holley Snider (Carteret, New Hanover Anthony Scarbraugh Onslow, Pender,) Chad Coburn (Brunswick) (NC DOT) Joanne Steenhuis Brunswick, New Garcy Ward Hanover, Onslow, Pender WRC Maria Dunn (WARO) Maria Dunn (WARD) WRC (NC DOT) Travis Wilson Travis Wilson Natural Heritage Program Rodney Bulter Rodney Bulter S:\Amanda Cannon\Majors\Misc Major Forms\Comment Sheet - sending for comments.docx Revised : 5/7/2019 www.deo.nc.eov Find a Field ReD (arcgis.com) From: Styron, Heather M. Sent: Monday, June 6, 2022 1:19 PM To: webbddc@gmail.com Subject: major permit pre -submittal 130 sound drive Hey Andre, I have reviewed the pre -submittal that Robbie dropped off on May 24, 2022 and do have some required changes/ additions. Please see below; Did anyone submit for the 401 pre -filing with DWR and if so do you have the email from them? Need a copy of the deed Need the neighbor notifications Mr. Wilkes would need to sign a waiver on the riparian form. MP-1; section 2 needs to be filled out completely and make sure section 7 is signed and dated MP-4; Make sure last page is signed and dated. Make sure on the plats the north arrow is shown and the riparian lines are labeled. Thanks, Heather Heather Styron District Manager Division of Coastal Management 400 Commerce Avenue Morehead City, 28557 252.515.5417 (0) 252.725.3903 (M) Heather. M.Stvron @ ncde n r.Qov www.deg.nc.gov Find a Field Rep (arcgis.com) RECEIVED SEP 2 3 2022 DCM-MHD CITY Styron, Heather M. From: Styron, Heather M. Sent: Monday, June 6, 2022 1:19 PM To: webbddc@gmail.com Subject: major permit pre -submittal 130 sound drive Attachments: Adjacent Riparian Property Owners Statment updated (2).pdf Hey Andre, I have reviewed the pre -submittal that Robbie dropped off on May 24, 2022 and do have some required changes/ additions. Please see below; Did anyone submit for the 401 pre -filing with DWR and if so do you have the email from them? Need a copy of the deed Need the neighbor notifications Mr. Wilkes would need to sign a waiver on the riparian form. MP-1; section 2 needs to be filled out completely and make sure section 7 is signed and dated MP-4; Make sure last page is signed and dated. Make sure on the plats the north arrow is shown and the riparian lines are labeled. Thanks, Heather Heather Styron District Manager Division of Coastal Management 400 Commerce Avenue Morehead City, 28557 252.515.5417 (0) 252.725.3903 (M) Heather. M.Stvron@ncdenr.gov www.deg.nc.gov Find a Field Rep (arcqis.com) RECEIVED SEP 23 202? f Y Styron, Heather M. From: webbddc@gmail.com Sent: Tuesday, August 16, 2022 8:48 AM To: Styron, Heather M. Subject: [External] Re: major permit pre -submittal 130 sound drive CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Reoort Spam. Hey Heather, Mrs. Wilkes waived the set back and the form was in there with it. If not I can get it again Also the deed was in there. If not I can get it again. I will make the changes to the drawing. Robbie will come by and sign the M-P forms if you can please have them up front for him. Robbie will get the other neighbor form and bring it to you. Anything else? Thanks Andre 252-665-4378 Sent from my iPhone On Aug 5, 2022, at 9:07 AM, Styron, Heather M. <heather.m.styron@ncdenr.gov> wrote: Did you ever get this email? I have not heard back from you in reference to the changes. Heather Styron District Manager Division of Coastal Management 400 Commerce Avenue Morehead City, 28557 252.515.5417 (0) 252.725.3903 (M) Heather. M.Styron@ncdenr.gov RECEIVED SEP 2 3 2022 DCM-MHD CITY NC Division of Coastal Management 2 2 4 0 6 A s C�D Cashier's Official Receipt Date:✓ 20 Received From: r "''�v`� rlydUr✓ s tt 2i 1 Q' (J Permit No.: VS L> 10Check No./q- Lyn 1 gI0pc31 Applicant's Name: / County: Project Address: 30 v6unj br. -A Please retain receipt for your records as proof of payment for permit issued. Signature of Agent or Applicant: Signature of Field Representative: Date: Crl O O Frl FT 1 z o C- < C7 F C � F7 D z F-F] F- z o � � D O - C z z C)J D ; • C7 m N 00 U� o m n r rn Q o N W�f�fi n TNG t7E51GN Pro 22 DEREK DUNNscale; date: OAS NOTE sca e: � NOTED ED ml?gE 130 SOUND DRIVE, ATLANTIC BEACH pro)ec 7,73.: �-7 ./ �9 ,fin DO-1 �413 A Ol.b AI�O�I PIOAI? rawng: rawmg ie: NEW PFFN, NC 28562 DunnMa'o Permit.4 COVER SHEET /LOCATION MAP s ee revision by date 252-665-�1318 i of a x H C) O z SCALE: 1"=15' I I RIPARIAN LINE l I I I NEIGHBOR DOCKING FACILITY I I I I I I I I I I I I I I i I DOUGLAS BREWER 132 SOUND DRIVE ATLANTIC BEACH, NC CANAL CENTERLINE OF CANAL Z rEXISTING BOAT LIFT #1 I r EXISTING FLOATING DOCK o I I FEXISTING BOAT LIFT #2 OI x n.iT I -4.25' X 3.5' FIXED DOCKS I -0.1' I -0.1 I `-NHW LINE FOLLCWS SEAWALL EXISTING SEAWALL PROPERTY LINE I DEREK DUNN 130 SOUND DRIVE ATLANTIC BEACH, NC EXISTING SITE PLAN 1 "=15' LEGEND X 3.5' I I I RIPARIAN LINE I I I I I I I I I I I I I I � I I 1 FINGER DOCK I I I PROPERTY LINE SLIP NUMBERS = VQ RIPARIAN LINE IiJ m PROPERTY LINE c) F- WATER DEPTHS AT LOW TIDE z zg �Q 0 ------------------------------ Y W Ckf 0 W �m Z iD O In Io NEIGHBOR DOCKING FACILITY m JoELLEN WILKES 128 SOUND DRIVE ATLANTIC BEACH, NC RECEIVEL OCT 10 2022 Z N O � rp fl Z � N ZLI � N Z 0 Z SCALE: 1 "=15' I I I RIPARIAN LINE I I I I I NEIGHBOR DOCKING FACILITY I I I I I I I I I I I I i i DOUGLAS BREWER 132 SOUND DRIVE ATLANTIC BEACH, NC CANAL OF CANAL 0 Z rEXISTING BOAT LIFT #1 I r EXISTING FLOATING DOCK o I I FEXISTING BOAT LIFT #2 O I x 4i 1 I O -4.25' GANGWAYS I I I I x 2 5 I I, 2.25 FIXED DOCKS I -0.1 I I -0.1 I NHW LINE FOLLCWS SEAWALL EXISTING SEAWALL I I `PROPERTY LINE I I I DEREK DUNN 130 SOUND DRIVE ATLANTIC BEACH, NC PROPOSED SITE PLAN 1 "-15' LEGEND - 3.5' x I I RIPARIAN LINE I POSED BOAT LIFT #3 I I I I I I I I I I I I �I I I STING FINGER DOCK I I I I `PROPERTY LINE I I SLIP NUMBERS RIPARIAN LINE PROPERTY LINE WATER DEPTHS AT LOW TIDE NEIGHBOR DOCKING FACILITY JoELLEN WILKES 128 SOUND DRIVE ATLANTIC BEACH, NC RECEIVED OCT 10 2022 x U m m U z z� � Q Y j w cl� Lin Li o z O v) O Z � N t` ' z az n zd , fl ,n N Nt: fn Z o � o Y o v 3 T a a w z a a a � o o m o a m x z c� mN D D r r m x D r G-) m 0 \ G-) 000 II V ' r-r--� O O ' 0 7z N T� 00 TV � /V 0 O O � N _ D D r F— D W N O x 0� N ?qx r- N c O �_0 NZ O r O 0 r mLn �o z c') 0 O 7z o C-) m -� n .- m w N m O date: 022 WM3 t7p. MCA & 19E 516N DEREK DUNN ANnIT M13P 130 SOUND DRIVE, ATLANTIC BEACH ED -1 3413 OW AIt?I'OC?1 t?OAYJ raw n9; it.dwNSW CfPN, NC 25562 PROPOSED PROFILE ELEVATION no. revision by dace 252-665-4578 a Y F- o U W N Q C W Q ' Uj OWC � U A p ti 1- Project Narrative for Derek Dunn m w o LU To Whom it may concern, o Our project is located at 130 Sound Drive in Atlantic Beach, NC. We are proposing to install a new 13'x13' boat lift. The purpose of this project is for recreational boating and fishing. Thank you for your time and consideration on this proposal. The project proponent hereby certifies that all information contained heroines true, accurate and complete to the best of my knowledge and belief. The project proponent hereby requests the the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Sincerely, Robbie Webb Crl O o 0 FT m ; Q a` D C Fr1 , 0 C7 —i C t ITT D z �U --i z O �D w...,,�...„ O C7 O O C z C)J n N 00 C-Ti CT1 J v � n n x m40 `''� v N m f' v W�3 17�TIN6 P7 516N project: DEREK DUNN 01/18/sots scale: AS NOTED ANI2rY W1; V 130 SOUND DRIVE, ATLANTIC BEACH prgec n°.: DD-1 5-413 A OW Alt P0PT WA17 drawing: Fawinge NSW 13�PN, NC 28562 DunnNaorPemt.dw COVER SHEET / LOCATION MAP ' B0' no. revision by date 252-665-4578 1 OF 4 NEIGHBOR DOCKING FACILITY DOUGLAS BREWER 132 SOUND DRIVE ATLANTIC BEACH, NC CANAL O I X 4.75 EXISTING FIXED DOCK BOAT LIFT #1 EXISTING FLOATING DOCK I EXISTING BOAT LIFT #2 I O X 4.25' I I I I I I X 3.5' I _ � I -- -2.25' x EXISTIN FINGER DOCK I I -0.1 j �NHW LINE FOLLOWS SEAWALL EXISTING SEAWALL I PROPERTY LINE I DEREK DUNN 130 SOUND DRIVE ATLANTIC BEACH, NC EXISTING SITE PLAN 1 "=15' LEGEND O2 SLIP NUMBERS - - - - - - - RIPARIAN LINE — - — PROPERTY LINE X 3.5 WATER DEPTHS AT LOW TIDE I I I PROPERTY LINE I NEIGHBOR DOCKING FACILITY v L m U Z z Zg a_ ::D Q W o F- Y w N W 0 Lj o Z W � Z X 0 W V) O r� z � N O n � ZZ n N JoELLEN WILKES 4$* T 128 SOUND DRIVE 4' ATLANTIC BEACH, NC RECEIVED MAY % 4,2022 NEIGHBOR DOCKING FACILITY DOUGIAS BREWER 132 SOUND DRIVE ATLANTIC BEACH, NC CANAL CENTERLINE OF CANAL LEGEND 0 SLIP NUMBERS - - - - - - - RIPARIAN LINE — - — PROPERTY LINE x 3.5 WATER DEPTHS AT LOW TIDE I I I x I II ~o I 3 I I I a EXISTING BOAT LIFT #1 1 I z ROPOSED BOAT LIFT #3 I EXISTING FLOATING DOCK I I I o rEXISTING BOAT LIFT #2 O x-4.75' O I I h 4.25' I I I I I I I I I I I I �I I NI 1 -2.5 I I x -2.25' I I EXIST I G GANGWAY x I I EXISTING FINGER DOCK EXISTI G FIXED DOCK 1 x -0.1 1 1 "NHW LINE FOLLOWS SEAWALL I EXISTING SEAWALL DEREK DUNN 1 130 SOUND DRIVE ATLANTIC BEACH, NC PROPERTY LINE PROPERTY LINE I I PROPOSED SITE PLAN NEIGHBOR DOCKING FACILITY JoELLEN WILKES 128 SOUND DRIVE /� ATLANTIC BEACH, NC (� j 4 RECEIVES' MAY 2 4 ZUi N O m V O Z N O co cz n tz N ZLI N Z N 0 9 V Y � � C _m O O Po Z .. m o 0 0 a 0� `� m m Q W Z O m Q ol 10 28' FROM SEAWALL Zz zg w w Y > w O (2) EXISTING w o BOAT LIFTS o m 0 PROPOSED z o N EXISTING FINGER DOCK BOAT LIFT "' CL o o n d EXISTING FLOATING DOCK a NHW EXISTING SEAWALL NLW � � N MUDLINE co Ll n N ZLI Z a 0 PROPOSED PROFILE ELEVATION SCALE: 1 /8"=1 ' -O" a o 0 RECEIVED a MAY 2 4 2022 DCM-MHD CITY NEIGHBOR DOCKING FACILITY DOUGLAS BREWER 132 SOUND DRIVE ATLANTIC BEACH, NO CANAL CENTERLINE OF CANAL z rEXISTING BOAT LIFT #1 I r EXISTING FLOATING DOCK o I I FEXISTING BOAT LIFT #2 O I X- 1 , I O -4.25' -3.5' EXISTI G GANGWAYX-25' 225E EXISTI G FIXED DOCK-T -C.1, -0.1 I `-NHW LINE FOLLOWS SEAWALL EXISTING SEAWALL I PROPERTY LINE I I DEREK DUNN 130 SOUND DRIVE ATLANTIC BEACH, NC EXISTING SITE PLAN 1 "=15' I I I I I I I I I I I I I I I I � I I I FINGER DOCK I O LEGEND IPLILLL O2 SLIP NUMBERS I x 0 RIPARIAN LINE I i 11 m — - — PROPERTY LINE 0 X 3.5 WATER DEPTHS AT LOW TIDE Z Z zg �Q 0 --------------------------------------------------- Y L w a, o W 0 a Z 0 I PROPERTY LINE o M NEIGHBOR DOCKING FACILITY JoELLEN WILKES 128 SOUND DRIVE ATLANTIC BEACH, NC Z N � z � zz R I S Z CANAL CENTERLINE OF CANAL LEGEND 0 SLIP NUMBERS - - - - - - - RIPARIAN LINE — - — PROPERTY LINE x 3.5 WATER DEPTHS AT LOW TIDE I = I I o I I � I I a EXISTING BOAT LIFT #1 z ROWOSED BOAT LIFT I � EXISTING FLOATING DOCK I H� I I NEIGHBOR DOCKING FACILITY i o rEXISTING BOAT LIFT #2 O X 4.75' I O NEIGHBOR DOCKING FACILITY X 4.25' I 11 I I I I I I I I I �I -2.5' I I EXISTI G GANGWAY -225' I x Lo XISTING FINGER DOCK EXISTING FIXED DOCK -.x I NHW LINE FOLLOWS SEAWALL I EXISTING SEAWALL DOUGLAS BREWER I DEREK DUNN JoELLEN WILKES 132 SOUND DRIVE 130 SOUND DRIVE 128 SOUND DRIVE ATLANTIC BEACH, NO ATLANTIC BEACH, NC ATLANTIC BEACH, NC PROPERTY LINE PROPERTY LINE I I PROPOSED SITE PLAN I 1 -1 s I RECENED I I p�T 13 2022 x aU W m Z U g z zg w a F-- o N Y W w?LLJ W p CD O d Z O :D of O IZ 0 n z � N tz � � z DCM-MH® CIT`i