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HomeMy WebLinkAbout30-14 Petrilla, JamesPermit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission Vermft for Permit Number 30-14 Cppy 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 James Petril1a,12629 Richmond Run Drive, Raleigh, NC 27614 Authorizing development in New Hanover County at Banks Channel, 4 Sunset Avenue, Wrightsville Beach , as requested in the permittee's application dated 1/10/14 incl r ing the attached workplan drawings (3). all dated 1/10/14 This permit, issued on March 25, M14 , is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Dockine Facility 1) Unless specifically altered herein, this permit authorizes the reconfiguration of the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure, whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or Signed by the authority of the Secretary of DENR and the other qualified persons within twenty (20) days of the issuing Chairman of the Coastal Resources Commission. date. An appeal requires resolution prior to work initiation or continuance as the case may be. This permit must be accessible on -site to Department / j� personnel when the project is inspected for compliance. 9 ) [/ Any maintenance work D project modification not co edRECEN6p i Sion of Coastal Management n C. Davis, Director hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2017 MAY 12 29W permit and its conditions are hereby accepted. KolkyjakTJt I/ — In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee James Petrilla Permit 430-14 Page 2 of 3 ADDITIONAL CONDITIONS Lth? �l 3) No portionuihorizeddocking facility shall exceed the established pier head line. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view and shall be permeable to air and water. Screen or wire on the sides along with benches and knee walls are permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the gazebo shall not be designed for second story use. 10) This permit authorizes a total of 4 formalized boatslips in association with this docking facility. General 11) The permittee understands and agrees that, if future operations by the United States requires the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions caused thereby, without expense to the United States or the state of North Carolina. No claim shall be made against the United States or the state of North Carolina on account of any such removal or alteration. 12) The federally endangered West Indian manatee (Trichechus manatus), has been reported in North Carolina waters. In order to protect the manatee, all work should be done between November 1 and May 31. If work must be done outside of this time frame, the permittee shall adhere to enclosed guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West Indian Manatee in North Carolina". 13) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit modification. James Petrilla Permit #30-14 Page 3 of 3 ADDITIONAL. CONDITIONS .14) This permit shall not be assigned, transferred,. sold, or otherwise disposed of to a third partywithout the written approval of the Division of Coastal Management. 15) 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 permit's, 1 approvals or authorizations that may be required. . 9 NOTE: Future development, of the permittee'sproperty may require a modification of this .permmt Contact a representative of the Division at (910) 796-7215 prior to the commencement:of any;.; such activity for this determination. The pemrittee is further advised that many non-watet , dependent activities are not authorized within 30 feet of the normal high water level. 5; j NOTE: The N.C. Division of Water Quality has authorized the proposed project under DWQ Project No 14-0117. 1 NOTE: The U.S. Army Corps of Engineers authorized the proposed project under.COE Action Id. No SAW-2014-00274, which was issued on 3/5/14. A f t'1 ` n ,9yy h 1 1 ,i i d i Permit Class NEW STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Perrttl't Number i 30-14 Authorizing development in New Hanover County at Banks Channel, 4 Sunset Avenue, Wrightsville Beach , as requested in the permittee's application dated 1/10/14 including the attached workplan drawings (3), all dated 1/10/14 This permit, issued on -- Morch 2� Will a is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may' )e subject to tines, imprisonment or civil action; or may cause the permit to be null and void Docking Facility 1) Unless specifically altered herein, this permit authorizes the reconfiguration of the docks, piers and other structures and uses that are expressly and specifically set forth in the attached permit application and workplan drawings. No other structure,. whether floating or stationary, shall become a permanent part of this docking facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over public trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the reconfigured docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other qualified persons within twenty (20) days of the issuing date. An appeal requires resolution prior to work initiation or continuance as the case may be. 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 finther Division approval. All work must cease when the pennit expires on 4 December 31, 2017 Signed by the authority of the Secretary of DENR and the Chairman of the Coastal Resources Commission. 13fon C. Davis, Director Di vision of Coastal'Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Permittee. James Petrilla Permit #30-14 Page 2 of 3 ADDITIONAL CONDITIONS 3) No portion of the authorized docking facility shall exceed the established pier head line. 4) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigabl waters at or adjacent to the authorized work. 5) The permittee shall maintain the authorized work in good condition and in conformance with the.terii and conditions of this permit. The permittee is not relieved of this requirement if he abandons :th permitted activity without having it transferred to a third party. 6) This permit does not authorize the interference with any existing or proposed Federal project, andyle`: permittee shall not be entitled to compensation for damage to the authorized structure or work, of iiijury which may be caused from existing or future operations undertaken by the United States in the,publkc interest. 7) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the;U'.S ` Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent, reflectors shall be attached to the structure in order to make it more visible during hours of darkries9`4 inclement weather. 8) The authorized gazebo shall not be enclosed. Any material used on the sides shall not obstruct view`ai d shall be permeable to air and water. Screen or wire on the sides along with benches and knee wallsare` permitted. Lattice is specifically excluded from being used under this authorization. 9) The roof of the gazebo shall not be designed for second story use. 10) This permit authorizes a total of 4 formalized boatslips in association with this docking facility. General 11) The permittee understands and agrees that, if future operations by the United States requires � the removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the; opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to free navigation of the navigable_ waters, the permittee will be required, upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or obstructions' caused thereby, without expense to the United States or the state of North Carolina. No claim shall, be', made against the United States or the state of North Carolina on account of any such removai'-;or alteration. 12) The federally endangered West Indian manatee (Trichechus manatus), has been reported in North` Carolina waters. In order to protect the manatee, all work should be done between November 1 afid May 31. If work must be done outside of this time frame, the permittee shall adhere. to enclosed ,',' guidelines, entitled "Precautions for General Construction in Areas Which May Be Used by the West, Indian Manatee in North Carolina". 13) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without peimrt` modification. James Petrilla Permit #30-14 Page 3 of 3 ADDITIONAL CONDITIONS I ^', 14) 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. 3 15) 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 permit's;= approvals or authorizations that may be required. NOTE: Future development of the permittee's property may require a modification of this permit- ! Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water; dependent activities are not authorized within 30 feet of the normal high water level. y NOTE: The N.C. Division of Water Quality has authorized the proposed proj ect under DWQ Project No '.: 14-0117. NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action SAW-2014-00274, which was issued on 3/5/14. i i `1 l .i APPLICATION for Motor Development Permit (lad't revised t2l17106) - North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant! Landowner information - Protect Name {a appa�e) Business Name 1: First Name J Applicant 2= First Name Last Name jMt I Last Name !'C� I/ addarorrat apptiCanes. pease attach an adddkxW pege(5) wait names riled. /1 a. Marling Address a 6 a 1 / /, 4myai6c'ty �{ Country U �¢ ZIP a IG�'� uP Street Address lit different from above) Email rf4ol.'T(U1)l9 e RECEnD FEB 0 7 20 City State Znit o C FAX No ext State ZIP p. AgentlContractor Information Business Name S Gu►'II �,�� •`Mt /'' last Name�� AgenU Conractor f First Name MI Last Name Agend Contractor 2 First Name Mailing Address ZIP FAX No. qt� Street Address Address fit different aom above) Email PO Box 86f3 _ Ptwne No f exit Contractor a City <Form continues on back> City State Phune No 2 ext. State ZIP DCM 4 2014 NC 3. Project Location Coun (can be laple) Street Address State Rd. R Subdivision Name city .0 6Lr ; vl i )" Slate NC Zip ae � Phone No. Lot No.(s) (it many, attach additional page with fist) �j [�,](� % V� V - ! exl. 41` . a. In which NC river basin is the project located? b. Name of body f water nearest to proposed project n,►1, ?&4 4010hAL -L c. Is t water body identified in (b) above, natural or manmade? d. Name closest major water body to the proposed project site. atural (:]Manmade❑ lt��the r 1//M)LUnknown 6a1% " e. Is p sed work within city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed es ❑No work fails within. 0414 11&$ XWt;� a6 4. Site Description a. Total length of shoreline on the tract (R.) b. Size of entire tract (sq.ft.) A1 DI , Sp'/ r C. Site of individual lots)•^' d. Approximate elevation of tract above NHW no al high wafer) or -/• NWL (normal wafer level) (If many lot sizes. please attach additional page with a list) ❑NHW orI�'FE8 9 2014 e. Vegetation on tract /&aSL#L J DCM-MMC" I. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. ,QmellTjwi h. How does local government zone the tract? L Is the oposed project consistent with the applicable zoning? (Ali zoning compliance certificate, it app able) I ryt )d,eA - es ❑No ❑NA j. Is the proposed activity pan of an urban waterfront redevelopment proposal? ❑Yes o k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes - o NA It yes. by whom?- _ I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes XtNo ❑NA National Register listed or eligible property? <Form continues on next page> DCM WILMINGTON, NC AN 14 2014 Major Development Permit m. (i) Are there wetlands on the site? ❑Yes o (it) Are there coastal wetlands on the site? - ❑Yes b4 (iii) If yes to either (1) or (it) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n, Describe existingWastewatertreatment facilities. o. Describe existing drinking water supply source. Ci l2.4Y1, p. D � eystirg s m water management or treatment systems. IL{� 15. Activities and Impacts / rnmercial- PubliGGovernment b. Give a brief description. of purpose,use, and daily operations of the project when.complete RLOX FEB 4 7.?^44 c. Describe the proposed construction methodology, types or construction equipment to be used during construction, thilpiumber of each type of equipment and where it is to be stored. DObI-]. AVA un J)& d. Litt all development activities you propose. - - (lx"ouLecx1sr'1!9 ALM Ano,,XsN# Nei %)Ijk , ,ly /�niacrnrr�t��, mra '/ '96W Z< s e. Are the proposed activities maintenance of an existing project, new work. or both? kA' I. What is the approximate total disturbed land area resulting from the proposed project? , O — ❑Sq.FI or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes IZNo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. x/b)v�" I. Will wastewater or stormwater be discharged into a wetland? ❑Yes FNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA j. 1s there any mitigation proposed? . - '-. - Yes MNo LJNA If yes, attach a mitigation proposal. - - RECEIVED <Form continues on back> DCM WILMINGTON, NC JAN 14 2014 Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (Q are always applicable to any ma/or development application. Please consult. the application - instruction booklet on how to property prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish ` A(wee, rwdrn cornoirtdu'arkrproposdr. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate 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 0 Phone No.O/u. ON-Ibf-2 Address 1400 c l �i446 J n. iv, it jW ( 9 l Name ail&J NO / if rrth ., �I Phone No. ca Address, rry•11 50, LI/Yii w it 10 l/ 4 �� Sri o Name - Phone; No. Address g. A list or previous stale or federal permits issued for work on the project tract. Include permit numbers, permiltee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. ... i._.Asinnmi AFC haxard.nnlirafnr nrniprtc in nrnpnfrnnt. an�,inlyr ?,.y,pp,,,,/ rtstAasi--•-••-•- .. - Ik. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10). if necessary. If the project involves expenditure . of public funds or use 0 public lands. attaches statement documenting compliance with the North Carolina Environmental Policy Act, - MI) 2014 ,fry I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that 1 am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on, the aforementioned lands in connection with evaluating information related to this permit application and follow-up.. monitoring of the project I further certify that the iinfformation provided in this application is truthful to the best of my knowledge. Date lb Ian • J'01 Print Name Cr cf l-ter U� Signature ! Please indicate application attachments pertaining tdyour proposed project. ❑Dr MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑rC M MP-3 Upland Development M MP4 Structures Information RECEIVED DCM WIl MINGTON, NC iAN 14 2914 Form DCM MP-4 (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 applica a. (i) Is the docking facility/marina: b. , (i) Will the faycii''(/y be open to the general public? ❑Commercial ❑Public/Governmenl rivale/roam rtbnlfy ❑Yes L 0 / c. (i) Dock(s) and/or pier(s) d (t) Are Finger Piers included? Q�Yes ❑No (4) Number t6o If yes: (iii) Length (ii) Number IN) Width �/ (iii) Length d (v) Floating ❑Yes §No (iv) Width � RECEIVED J (v) Floating es ❑N e. (i) Are Platforms included? dyes ONO L (i) Are 8oatlifts included? es ONO FEB O 7 2014 It yes If yes: (ii) Number �/ (ii) Number DCM-MMCUy (iii) Length et (iii) Length (iv) Width ,L_ (iv) Width (v) Floating ❑Yes gNo Note: Roofed areas are calculated from dripfine dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 4 ❑ Full service. including travel till and/or rail, repair or (ii) Number of existing maintenance service slips /1 (1n Idol, TU /1e flt,14 vveV /� ❑ Dockage. fuel, and marine supplies ❑ Dockage ("wet slips) only, number of slips: ❑ Dry sto(age: number of boats: at tamp(s): number of boat ramps: _ Other, pl�eyse tlescnbe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g.. open runabout. ❑wt- L d cut and 'access channel charter bo�at-s•. sailboats. mixed types). ❑ n water: dredging for basin and/or channel Lrn ,Gt{ Op � �pen water: no dredging required ❑Other: please describe: k. Typical boat length: [% I. (1) Will the fa ' i be open to the general public? ❑Yes No m. (i) Will the I dity have tie pilings? RECEIVED ❑Yes No DCM WILMINGTON, NC (ir) If yes number of tie pilings? JAN 14 2014 2. DOCKING FACILITY/MARINA OPERATIONS section not applicablf a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number _; Location: p Showers ❑ Boatholding tank pumpoul. 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 Dischargesigns proposed. (ii) Give the location and number of 'Purnpout Availabie signs proposed. fl DCM hUMM Y f Describe the special design. if applicable, for containing industrial type pollutants. such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed _ i. Give the location of fuel -handling facilities. and describe the safety measures planned to protect area water quality. I. What will be the marina policy on overnight and live -aboard dockage? it. Describe design measures that promote boat basin flushing? I. It this project is an expansion of an existing marina, what types of services are currently provided? DGM WILMINGTON, NC JAN 14 2014 (_,)Yes UNo n; Is the mannaldocking facility proposed within or adjacent to any shellfish harvesting area? OYes ❑No o. Is the marina/docking facility proposed within or adjacent to coastal wetlandslmarsh (CW), submerged aquatic vegetation (SAV), sheil bottom (SB), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. ❑CW ❑SAV ❑SS _ OWL QNone P. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes . ❑No If yes, give the name and address of the lesseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) I a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community (ii) Number (iii) Length _ (tv) Width Note: Roofed areas are calculated from daphne, dimensions. section not applieabt RECENM ie FEB 0 7 2014 DCM•MHD CITY 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) VThis section not applicabr a (t) Number _ (it) Length T (iii) Width _ 5. BREAKWATER (e.g., wood, sheetpile, etc.)This section not applicabr a Length c. Maximum distance beyond NHW. NWL or wetlands b. Average distance from NHW. NWL. or wetlands 6. MOORING PILINGS and BUOYS I F VThis section not applicabl a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community C. Distance to be placed beyond shoreline _ Note: This should be measured from marsh edge. it present. e. .Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor. etc.) M WILMINGTON, NC JAN 14 2014 WtFWT#cLv4 a. Proximity of atrUCtUre(s) to adjacent riparian property lines Noter For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body 41950, e, (i) Will navigati nal aids be required as a result of the project? ❑Yes o ❑NA (ii) If yes, explain what type and how they will be implemented b. Proximity of structure(s) to adjacent docking facilities. dal,' d. Water depth i waterward end of structure at NLW or NWL — 6') L IS. V i HtK ❑This section not applicabl a. Uive complete description IZL5M0vL5' nlL /a JAI, aol Dale i~ Project Name Gd 1% JU AAW'� Ap 'cant Name Applicant Applicant Siggalure If u0 Al `x� 14tm. U1Jjb''1 aq' G#z,0p, I FEB 0 72014 ---- DCM•MHDCiTI►'� RECEIVED DCM WILMINGTON, NC jAN 14 2014 q TC �~TIC _ RECEIVED i. a FEB 0 7 2014 r ' DCM-MHD= DCM WIEMIN TON, N JAN 14 2014 jPF3 In J mw/ FeS Marine Contractors, Inc. _ r ►.J Complete Marine Construction Services For Over 37 years! ----- '`1i �` L J N / 1 10) CAPT. ED FLYNN DURWOOD SYKES I` ` 7� �'`��nw�.A I (1►`'� Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs M15.0•b84 3AN ,8 ` k L 1 Po. Box she 01� I SETBACK I / © � � T Wrightsville Beach, NC 26460 �� I I I a I � 15.0' I i�il I I $ I SETBACK I S1'iZ P l WOO I I I I I I I I I I I I I I I 1 I I I I I I I I I � I I ' I I W I _I� g z — MHW I iiiam- i� t� 19'" 3 »Lb,19,££ N I Phone/Fax: (910) 256-3062 email: efly®msn.com b31d H _ 1 i� {ECG'. D FEB 0 7 2014 DCM MHDCITY RECEIVED OCM WILMINGTON, NC JAN 14 Mil 0 loF3 1 k-,I-rbua y Sk1se� lwh4t7nt v '� � 14t a S'C,uiDrJ UIL� '- jjsT' V4W tom'' F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, ilPilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 266-3062 Wrightsville Beach, NC 28480 email: efly®msn.com RECEIVED DCM WILMINGTON, NC JAN 14 Z014 A ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor March 26, 2014 James Petrilla 12629 Richmond Run Drive Raleigh, N.C. 27614 Dear Sir or Madam: ^xs John E. Skvarla, III Secretary The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project is inspected for compliance. Please -sign both the original and the copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or, 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. If you are having the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, d'T Douglas V. Huggett Major Permits and Consistency Manager Enclosure Braxton C. Davis, Director N.C. Division of Coastal Management, NCDENR 400 Commerce Avenue, Morehead City, N.C. 28557 �. Phone: 252-808-2808\Internet: www.nccoastalmanal>_ement.net .1601 Mail Service Center, Raleigh, North Carolina 27699.1601. Phone: 919-707-8600 \ Internet: www.ncdenr.gov An Equal Opportunttyl Affina6ve Action Employer —Made in part by recycled paper pMAILING DISTRIBUTION SHEET �rl Permitee: �2 � DCM Field Offices Elizabeth City Morehead City ✓s Washington f US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: NC DOT: Shellfish Sanitation: State Property: Water Resources: Washington: (with revised work plan drawings) Raleigh Bland c_-- nme mi c Renee Gledhill -Early or (e ' o�ental_review@ncdcr gov) ebr;Beno L oeyte (WARO) en Pac atti Fowl 'm Walt en Higgins (Rale o Hennessy i OT) Anthony Scarborough Wilmington: Joanne S 's — 401 Ch Coburn - 40 r— Linda e is - Stonnwater Wildlife Resources: aria Dunn (WARD) LPO: Fax Distribution: Permitee #: Agent #:_ 2. DIVISION OF COASTAL MANAGEMENT RECEIVED FIELD INVESTIGATION REPORT APPLICANT'S NAME: James. D. Petrilla c/o Ed Flynn FEB 0 7 2C '4 LOCATION OF PROJECT SITE: 4 Sunset Avenue, adjacent to Banks Channel, GreenQRWIMin the Town of Wrightsville Beach, New Hanover County. Photo Index - 2006: 24-7413- K, 14 2000: 24-306-N, 11 1995: 24-287-R, 16 State Plane Coordinates - X: 2360472 Y: 163803 Latitude: 34111'38.79630"N Longitude: 77048'28.90666"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # 0-011711 B 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 01/17/2014 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 01/14/2014 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (F) Type of Structures: Existing — Two-story single-family residence, timber bulkhead and a private docking facility Planned — Replace docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED QifHER (A) Vegetated Wetlands (B) Open water 1,346 sq. ft (incorporated) (C) Other (Highground) (D) Total Area Disturbed: 1,346 sq. ft (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to replace an existing private docking facility within Banks Channel. James Petrilla Page 2 PROJECT DESCRIPTION: xscetvl;n FEB 0 7 2014 The project site is located at 4 Sunset Ave., adjacent to Banks Channel, betty er Ocean and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover County. To locate the property travel east from Military Cut -Off Road (N.C. Highway 17) approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (N.C. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks Channel. Turn right onto Waynick Blvd. and continue to travel south approximately 1 mile until you reach Sunset Ave. Access to the property of interest will be the second driveway located on the right hand side. The applicant currently maintains a two-story single family residence on the project site. The applicant has recently obtained a CAMA Minor Permit No. 13-25 through the Town of Wrightsville Beach for demolition of the existing building and the construction of a new single-family residence. The property is adjacent to residential properties with existing single family structures and private docking facilities. Highground vegetation consists of maintained lawn grass and ornamental landscaping. The lot is approximately 0.17 acres in size and has an average elevation of approximately 6' above normal high water (NHW). The project site has approximately 49.61 linear feet of shoreline frontage stabilized by a timber bulkhead. There is a small area of coastal wetlands currently located on the northern end of the property below the NHW boundary, consisting primarily of Smooth Cordgrass (Spartina alterniflora). Waterward of the existing bulkhead in this area is an intertidal strip of sand, which is approximately 15' in width (See sheet 1 of 3 and 3 of 3). The applicant currently maintains an existing docking facility within Banks Channel. An access pier, measuring approximately 120' in length by 6' in width extends in a westerly direction from the existing bulkhead. An existing partially covered platform, measuring approximately 10' in length by 8' in width is located midway on the southern side of the access pier. The pier terminates onto an uncovered "T- head" platform, measuring approximately 16' in length by 8' in width. An access ramp leads from the platform onto a floating dock, measuring approximately 24' in length by 6' in width, which runs in the same alignment as the access pier. Another floating dock, measuring approximately 20' in length by 6' in width is located landward of the existing platform on the northern side of the access pier. The existing docking facility currently accommodates up to three (3) vessels. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters of Banks Channel are classified SB by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to replace an existing private docking facility within Banks Channel. The existing pier and docking facility would be entirely removed and a new fixed access pier, measuring approximately 90' in length by 6' in width would be constructed. The access pier would lead into a new partially covered 1-head" platform, measuring approximately 24' in length by 16' in width, which would be oriented towards the south. An access ramp would lead from the new access pier onto a new floating dock, measuring approximately 40' in length by 6' in width, which would run in the same alignment as the proposed pier. A new boatlift, measuring approximately 13' in length by 14' in width would be located on the most landward end of northern side of the floating dock. The application states that the existing water depth in the location of the existing and proposed docking structures would be approximately -8' at normal low water (NLW). The proposed reconfiguration of the existing docking facility would continue to accommodate up to four (4) slips at this location (See Sheets 1 and 2 of 3). James Petrilla Page 3 10. ANTICIPATED IMPACTS: RECEIVED The replacement would incorporate 1,346 sq. ft. of Estuarine Waters and Public T�u 'ttl�Vv tRr€a§,ever much of this area is currently usurped by the existing docking facility. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. AlW.y&ggws in turbidity should be expected during construction. The docking facility would extend approximately 155' into a waterbody, which measures approximately 950' across. This distance conforms to the 1/4 width rule and the locally established pier head line. Submitted by: Robb L. Mairs Date: 01/24/2014 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: James Patrilla r el+ztl�s COUNTY: New Hanover PROJECT NAME: Pab Ula Docking Facility LOCATION OF PROJECT: 4 Sunset Ave., adjacent to Banks ChanneilGreenviUe Sound, in WrightsviUe Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD: I-14-14 RErprimn FIELD RECOMMENDATION: Attached: Yes CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs pp DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 2-7-14 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: N C) 75 DAY DEADLINE: 3 36 1 MAIL. OUT DATE: 2-4-14 FEDERAL DUE DATE: To Be Forwarded: n/ j°' To Be Forwarded: n/a FEB 0 7 2014 DISTRICT OFFICE: WILMINGTON FEE RECD: $250.00 END OF NOTICE DATE: 2-28-14 DEED REC'D: YES ON: 2 150 DAY DEADLINE: STATE DUE DATE: 2-28-14 FED COMMENTS RECD: PERMIT FINAL ACTION: ISSUE DENY DRAFT ON AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES Coastal Management - Regional Representative _ C(- i Coastal Management - LUP Consistency Division of Community Assistance �- $- I �1 ✓ Land Quality Section (DEMLR) Division of Water Resources (401) ? - 14 4 o I I-) Storm Water Management (DEMLR) ?-- 15-14 State Property Office- zo-I ✓ Division of Archives & History Division of Environmental Health �) 9 - l y ✓ Division of Highways 7- WLl Wildlife Resources Commission )9--tl-if 4 Local Permit Office Division of Marine Fisheries / DCM I Corps of Engineers S %'IB-A `� AFFIDAVIT OF PUBLICATION STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER IOTICE of FILING of Before the ne undersi d, a Notary Public of Said Count and State, g y y :ATION FOR CAMA MAJOR 2VELOPMENT PERMIT partment of Environment ual Resources hereby gives Anita Thomas otice as required by NCGS 9(b) that an application for anent permit aArea of - Who, beingdul sworn or affirmed, accordin to the law, says that he/she is y g y mental Concern s as order the LAMA wass re - complete on January 14, Publisher's Assistant is to said application, James of THE STAR -NEWS, a corporation organized and doing business under the Laws of the State of North Carolina, and publishing a newspaper known as STAR -NEWS in the City of Wilmington NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119b that an application for development permit in an Area of Environmental Concern a nue, moremecu y, 3121601 to February 28, 2014, will be considered in making the permit decision. Later comments will be a time of permit considered onsideciseredup was inserted in the aforesaid newspaper in space, and on dates as follows: Pro- jectto modification may occur based on review and comment by the in IS public and state and federal agen- cies. Notice of the permit decision in this matter will be provided upon And at the time of such publication Star -News was a newspaper meeting all the requirements and qualifications prescribed by Sec. No. 1-597 G.S. of N.C. ayu�1G4— Title: Publisher's Assistant w Xrn or affirmed to, and subscribed before me this 1 L _� day of A.D., nWJ 1= In Testimo Whereof, I have hereunto set my hand and affixed my off year aforesaid. 'TAq p,.�tary My commission expires day of _, 20�p 0 v81'`G Upon reading the aforegoing affidavit with the advertisement thereto annexed it is adjudged by the Court th publication was duly and properly made and that the summons has been duly and legally served on the defendant(s). This day of MAIL TO: WET�1. NC DEB 1 S 2014 RECEI1/Ep Clerk of Superior Court FEB 2 4 2014 DCN-MHD CITY �r NCDENR North Carolina Department of Environment and Natural Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director February 10, 2013 Mr. James D. Petrilla 12629 Richmond Run Drive Raleigh NC 27614 Subject Property: 4 Sunset Avenue — Wrightsville Beach NO WRITTEN CONCURRENCE NEEDED Dear Mr. Petrilla, Resources John E. Skvada, III Secretary DWQ Project # 14-0117 New Hanover County You have our approval, in accordance with the attached conditions to replace an existing docking facility as described in your application received by the N.C. Division of Water Resources (DWR) on February 6, 2014. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Number 3883 (GC3883) are met. This certification may also be viewed on our website at b=://vortal.ncdenr.orglymb/wg/swr)/ws/401/certsandt)erin . This Certification allows you to use the Regional General #197800056 Permit when issued by the US Army Corps of Engineers. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 21-1.0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. ,3e�yt. liEG£iVFI? FEB 19 2n'4 Wetlands, Buffers, Story water -Compliance and Permitting (Webscape) Unit .,One, -, c. 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarol111a Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Plane: 9IM07-63001 FAX: 919-807-64941 Customer Service: 1-877-623-6746 �Xatural [ // t/ Internet: www.ncwaterqualq.org 2 4 Sunset Avenue New Hanover County 2014-0117 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-7215. Sincerely, A- Chad Coburn Senior Environmental Specialist Enclosures: GC3883 Certificate of Completion cc: Ed Flynn — F&S Marine Construction, Inc., P.O. Box 868 Wrightsville Beach, NC 28480 Ronnie Smith — USACE Wilmington Field Office Robb Mairs — DCM Wilmington Doug Huggett — DCM Morehead City Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Pennitting Unit WiRO Certification of Completion DWR Project No.: Applicant: Project Name: Date of Issuance of Wetland Permit: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Resources, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, _ , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: 1, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Registration No. DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 68 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 Unvro A MT MON OF: March 5, 2014 Regulatory Division Action ID No. SAW-2014-00274, General Permit No. 197800056 Mr. James Petrilla 12629 Richmond Run Drive Raleigh, North Carolina 27614 Dear Mr. Petrilla: Reference your January 10, 2014 request for a Department of the Army (DA) authorization to re -construct a docking facility at 4 Sunset Avenue, adjacent to Banks Channel, in Wrightsville Beach, New Hanover County, North Carolina. On March 16, 2005, we renewed general permit No. 197800056, (copy enclosed), that authorizes the maintenance, repair, construction and installation of piers, docks, boathouses and boat shelters, mooring piles, dolphins, jetties and breakwater structures in navigable waters of the United States in the State of North Carolina pursuant to Section 10 of the Rivers and Harbors Act of 1899. Your work is authorized provided it is accomplished in strict accordance with your submitted plans, the enclosed general conditions and the following special condition: 1. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_gWdelines.pdf. Your proposed work is authorized if you can comply with all permit conditions. Please read the enclosed permit to prevent an unintentional violation of Federal law. As this Department of the Army regional general permit does not relieve you of the responsibility to obtain any other required approvals, you should contact appropriate State and local agencies before beginning work. W RECEM �1a 0 7 21014 1 DCMMHDCITY b4 Thank you for your time and cooperation. If you have questions, please contact Ronnie Smith, of the Wilmington Regulatory Field Office, telephone (910) 251-4829 Sincerely, RomveSmi Project Manager Wilmington Regulatory Field Office Enclosure: GP 56 conditions Copy Furnished (with enclosure): Ed Flynn F&S Marine Contractors, Inc. Post Office Box 868 Wrightsville Beach, North Carolina 28480 Copies Furnished (without enclosure): Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Debbie Wilson Division of Coastal Management North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Doug Huggett 41 North Carolina Department of Environment and Natural Resources Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Ms. Karen Higgins Division of Water Quality North Carolina Department of Environment and Natural Resources 1650 Mail Service Center Raleigh, North Carolina 27699-1650 Ms. Joanne Steenhuis Division of Water Quality North Carolina Department of Environment and Natural Resources 127 Cardinal Drive Extension Wilmington, North Carolina 28405 J�Noqh Pat Mxrdty' GoveMor, M ion E, 8kwrla, R1 Secretary 0232 MEMQ�AIL40UM T6. 416nee G16dhill-Early Archives & History MM SUBJECT: Applicant: Projeclt.400ation: cAm,A, Ma]or Permit Appliaafion Resew: w tx James Petrilla- 4.Sunset Avenue,, adjacent: o Banks Channel/Greenville Sound, in the Town, of Wrightsville Beach; Now Hanover County Proposed Project: replacement of an existing private docking";facility within Banks Channel . P g, I - Please indic6tebel6w your agency's position Or viewpoint on the, proposed proj6dt-and 'return th form to Jonathan Howell at the addiress,abova by Febrtiary'249, 2014; if you have any questions regarding the proposed prbjeb, contact Robb Mairs_at'(gi9)'79'6-742"& when,appr6priate, iwdeOth REPLY: —This agency has no,objeption lo'the'projeqt as lirpppsed. - - ---- L This agency has no comment on the proposed project. This agency approves of the project only If'the recommendedchanges are incorporated. See attached. This agency objects to the projectfor reasons described in the attached comments. DATE D SIGNE 127 Card:nal Ope Ea, Wv&gm MC 28405 P*fl' W-Mt721 6 k FAX: M 0-395,3964 IMMet Aq EMW I Xftvlfla¢ '*cfiP &TPWt' M� r tZ7 Q • • .1 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director RECEIVEDeOretary February 4, 2014 FEB 5 2014 MEMORANDUM: DOA STATE PROPERTY TO: Tim Walton OFFICE Dept of Administration State Property Office FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: 40 SIGNED _his agency has no objection to the project as proposed. v/TThis 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. 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal Opponunity � Affirmative Action Employer RECEIVED FEB 2 0 2014 ne�haa�clrY I111111111111 2111113807717 SFOR TEGISTR�[ONCH REGISTER OF iIEED' 2013 MR�04 03 EE k BK 5716 PG; 20B3-2109 FEE W 06 NO I N13NT17 (Space Rhove This Line For Recording Dora/ Loan Number. 6631627 MIN. 100995500066316278 DEED OF TRUST After recording please return to: ny, na ocuments LAw/ PLLG QPlinactmal [Name] 314 T09I14GOOM Nrf sulr� [oy C [Attention] 040I� NL ZB2�7 1 EIIl F,aet 9th Seey "aii 2 -- [Street Address] Chim-dond, Fib., 516 [City, State Zip Code] This document was prepared by: gF. LAW, rLLC, Parcel ID Number: R-0631 y -665 -b(y —ooa DEFINITIONS DCM WIEMINGTON. NC .JAiN 1 is C[11;1. Words used in multiple sections of this document are defined below and other words are defined in Sections 3. 11. 13, 18, 20 and 21 Certain rules regarding the usage of words used in this document are also provided in Section 16 (A) "Security Instrument" means this document, which is dated March 4, 2013, together with all Riders to N„v A .time,., (B) "Borrower" is James D. Petrillo, Jr. and wife, Security Instrument Dorms 4 Petrillo Borrower is the stor under this (C) "Lender" is Direct Home Loans, LLC Lender is a limited hability corporation organized and existing under the laws of The State or North Carolina Lender's address is 1401 Central Ave Suite At, Charlotte, NC 28205 (C-1) The name of the Mortgage Broker is N/A '' RECEIVED ;in I Caroline Deed at FEB 2 0 2014 MERS Modified Thisi—freak Famdy—Fannie M-01 reddrc Mac Uolform Instrument The ComphaRce Source, Inc Porm 3034IMI +ewwcompWacoyouree coin P119eioti3 Modified by Compiiena So ifilifil 0I000-101 1M W �t eft 6631627 RECEIVED DCM WILM NGTON, NC JAN 14 20111 (D) "Trustee" is Baker Law Pile (E) "MERS" is Mortgage Electronic Registration Systems, Inc MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns HERS is the beneficiary under this Security Instrument. MERS to organized and existing under the laws of Delaware, and has an address and telephone number of PO Box 2026, Flint, MI 48501-2026,tell (898)679-MERS (F) "Note" means the promissory note signed by Borrower and dated March 4, 2013 The Note states that Borrower owes Lender Nine Hundred Thirty One Thousand and 00/100ths Dollars (U S $931,000.00) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2028 (G) "Property" means the property that is described below under the heading "transfer of Rights in the Property " (H) "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instmmeny plus interest (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to be executed by Borrower [check box as applicable] ❑ Adjustable Rate Rider ❑ Condominium Rider ® Second Home Rider ❑ Balloon Rider ❑Manned Unit Development Rider [] Biweekly Payment Rider ❑ 14 Family Rider ❑ Revocable Trust Rider ❑ Other(s) [specify] (J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers (M) "Escrow Items" means those items that are described in Secoon 3 (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance 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 part of the Property, (in) conveyance in lieu of condemnation, or (Jv) misrepresentations of, or omissions as to, the value and/or condition of the Property (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan (P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (it) any amounts under Section 3 of this Security Instrument North Carolina Deed of Trust -Single Faimly—Fannie Mae/Freddie Mae Umrorm Instrument Farm 30341N1 MERS Modified The Compimnce Source, Inc Paget of 13 Modified by Compliance Source 14301NC0810011"IVIl xww wmplianceaource coin 02000.2011, The Compliance Saome, Inc 6631627 RECEIVED DCM WILMINGTON, NC JAN 1 2014 (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 US C §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 matter 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 Loan does not qualify as a "federally related mortgage loan" under RESPA (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security instrument TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument Is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS This Security Instrument secures to Lender (I) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (n) the performance of Borrower's covenants and agreements under this Security Instrument and the Note For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County [Type of Recording Jurisdiction] See Attached Exhibit A which currently has the address of 4 Sunset Ave Wrightsville Beach [City] of New Hanover [Name of Recording Jurisdiction] [Street] North Carolina 28480 ('Property Address") [Zip Code] TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Sec Instrument All of the foregoing is referred to inthis Secunty Instrument as urity the "Property" Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower rn /his Security Instrument, but, if successors end assigns) has necessary to comply with law or custom, MERS (as nominee for Lender and Len the right to exercise any or all of those interests, including, but not limited to,Le the right foreclose and sell the Security Instrument Security, and to take any action required of Lender including, but not limited to, releasing and canceling this BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and non -uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows I• Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3 North Carobna need afTivst—Single Family —Fannie Mae/Freddie Mar Uniform Inalrument MERS Modlned Form 303/ Vol The Compliance Soure wive rnmphencetourttccoin om Page of 13 Modined by Complmnce Seumc 14301NC O&M Rev 12111 d2000-2011, The C"Plm Sourrq Inc RECEIVED mo 6631627 r FEB 2 0 2014 DCM-MIJD CfrY RECEIVED DCM WILMINGTON, NC JAN 14 2014 Payments due under the Note and this Security Instrument shall be made in U S currency However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Leader in accordance with the notice provisions in Section 15 Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or Performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority (a) interest due under the Note, (b) principal due under the Note, (c) amounts due under Section 3 Such payments shall be applied to each Periodic Payment in the order in which it became due Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a suffictent amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid infull To the extent that any excess exists after the payment is applied to the full paymenPof one or more Periodic Payments, such excess maybe applied to any late charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpono the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow Items Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain 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 any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10 These items are called "Escrow items" At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly famish to Lender all notices of amounts to be paid under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay die Funds for any or all Escrow Items Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be in writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall famish to Lender receipts evidencing such payment within such time period as Lender may require Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9 If Borrower is obligated to pay Escrow Items directly, pursuant to a waive, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under North Carolina Deed ofMrust—Single Fum13—Fanme Mae/Fmddte Mae Uniform Instrument Farm 30341N1 MERS Modiaed The Compliance Source, Inc P4ge 4 of 13 Muddied by Compliunce Source 14301NC 0a100 Rev 12111 w mmpWneesourcecoin *NOD-2011, The Compliance Source, Inc 6631627 Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3 Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a tender can require under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law The Funds shall be held in an Institution whose deposits arc insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow items no later than the nine 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 or earnings on the Funds Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA if there is a shortage of Funds held in escrow, as defined under RESPA, Lender shaft notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4. Charges; Liens Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, it any, and Community Association Dues, Fees, and Assessments, if any To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3 Borrower shall promptly discharge any hen which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b) contests the hen in good faith by, or defends against enforcement of the hen in, legalproceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded, or (c) secures from the holder of the lien an agreement satisfactory to lender subordinating the lien to this -Security Instrument If Lender determines that any part of the Property is subject to a hen which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien Within 10 days of the date on which that notice is given, Borrower shall satisfy the hen or take one or more of the actions set forth above in this Section 4 Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this loan S. Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which lender requires insurance This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires What Lender requires pursuant to the preceding sentences can change during the term of the Loan The insurance tamer providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably Lender may require Borrower to pay, in connection with this Loan, either (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower North Carolina Deed ofTrust—Single Family —Fannie MaelFreddn Mac Uniform Instrument Form 30341/01 MERS Modified The Compliance Source, Inc Fnge5or13 Modified by Compliance Source 1430INC OJM Rav 12111 www cemphencesource tom 02000-2011.The Camplance Source, Inc 6631627 DCM wILMINGTON, NC RECEIVED DCM WILMINGTON, NC JAN 14 2014 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense Lender is under no obligation to purchase any particular type or amount of coverage Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater o lesser cove age than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained mi;t significantly exceed the cost of insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shalt bear interest at the Note rate from the date of disbursement and shall be payable, with ouch Miami, upon notice from Lender to Borrower requesting payment All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee Lender shall have the right to hold the policies and renewal certificates If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums, and renewal notices If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee In the event Of loss. Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property. if the restoration or repair is economically feasible and Lender's security is not lessened During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work rs completed Unless anagreement 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 insurance proceeds and shallbe the sole obligation, of, Borrower if the restoration or repair is not economically feasible or Lender's securrty 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 any, paid to Borrower Such insurance proceeds shall be applied in the order provided for to Section 2 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day period will begin when the notice Is given In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to aay insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights 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. Occupancy: Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees In writing, wluch consent shall not be unreasonably withheld, or unless extenuating cvcumstanecs exist which are. beyond Borrower's control 7 Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed If the insurance or condemnation proceeds North Carolina Deed oftYust -Single Family —Fannie Mae/Freddie Mae uniform Instrument MERS Madiaed Form 30341/01 The Compliance Source, Inc Page 6 of 13 Modified by Comphaur ev Source 14301NC 0" Rt2/11 mvwcomphaacesourre rpm C2000-2011, The Compliance sauicq Inr 6631627 RECEIVED DCM WILMINGTON, NC JAN 14 2014 are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspections of the Property If it has reasonable cause, Lender may 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 S. 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 principal residence 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Properly, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest m the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securmg and/or repairing the Property Lender's actions can include, but are not limited to (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) 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 of board up doors and windows, drum water from pipes, eliminate budding or other code violations or dangerous conditions, and have utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or Obligation to do so It is agreed that Lender incurs no liability for not taking 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 rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing 10. Mortgage Insurance, If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage insurance Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance to effect, if permitted under Applicable Law, or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by North Carolina Geed orTrust—Single Family —Fannie MeelFreddie Mac Uniform Instrument Form 30341101 MERS Modified The Compliance Source, Inc Page 7of 13 Modified h2 Comphance Saone 14301NC 08=It" 12111 "W complmncesource cam 02000.2011, The Compliance Source, Inc 6631627 Applicable Law Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed Borrower is not a party to the Mortgage Insurance Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage insurance premiums) As a result of these agreements, Lender, any purchaser of the Note, another insurer, any relusurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive 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. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender if the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair 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 nghtto hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower,. Miscellaneous Proceeds shall be applied in the order provided for in Section 2 In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value Any balance shall be paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured Immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in witting, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due North Caralma need ofTrusi—Single Family—Panme Mae/Freddie Mac Umform instrument Morin 30341101 MERS Modified The Compliance Source, Inc Page Oaf 13 Otedinedby ComplianmSource14301NCOMORev 12111 www mmpluncesource.com 02000.2011, The Compliance Source, Inc 6631627 RECEIVED DCM WILMINGTON, NC JAN 14 Z014 RECEIVED DCM WILMINGTON. NC JAN 1 4.2014 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls 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 sums secured by this Security Instrument, whether or net then due "Opposing Party" menus the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment could result in forfeiture of the Property or other material impairment of Lender's interest in the Proporty or rights under this Security Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2 11 Borrower Not Released; Forbearance By Lender Not it Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the slims 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, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy 13. Joint and Several Linbdity, Co-signers; Successors and Assigns Bound Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer") (a) is co-signing this Security Instrument only to mortgage, grant and colivey'the co-siglierYinteiest 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 any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender 14 Loan Charges Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law If the Loan is subject to it law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted Iimlts, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note) Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge North Carolme creed or7Ymt—Smgle Family —Fannie MCNIYeddie Mac Uniform instrument Farm 30341101 MERS Modraed The Compliance Source, Inc Poge9ot13 Madilkd by Compliance Source 14301NC 0axin Rev 12111 nv complmncesaureecoin 02000.2011. The Comphance Source, Inc 6631627 RECEIVED DCM WILMINGTON, NC JAN 14 2014 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when malted by first class mad or when actually delivered to Borrower's notice address if sent by other means Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at anyone time Any nonce to Lender shall be given by delivering it or by mailing a by first class mail to Lender's address stated herein unless Lender has desgnated another address by notice to Borrower Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law, Severabdity, 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 any requirements and limitations of Applicable Law Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent. but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision As used in this Security Instrument (a) words of the masculine gender shall 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 any obligation to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument IS. Transfer of the Property or a Beaeficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including. but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument' However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a Period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 14 Borrower's Right to Reinstate After Acceleration, if Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument, (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate, or (c) entry of a Judgment enforcing this Security Instrument Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or agreements, (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this North Camlma Deed orTrust—Settle Family ---Forme Mae/Froddie Mnc Uniform Instrument Farm 30)41N1 MgRS Modified The Compliaircesource, lue Page 10 of 13 Modified by Lompliance Source 14301NC OSf0o Rev 12n1 »cow eomplumccleuree coin 02000-2011, The Compliance Source, Inc 6631627 RECEIVED DCM WILMINGTON, NC JAN 14 2014 action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default Is not cured on or before the date specified in the notice, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by Applicable Lew. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Leader Invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Low 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 terms designated is the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied The recitals in the Trustee's deed shall be prime facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to aB expenses of the sale, including, but not limited to, Trustee's fees of 5.00% of the gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to iL The interest rate set forth to the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release, Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this Security Instrument If Trustee is requested to release this Security Instrument, all notes evidencing debt ,secured by this Security Instrument shall be surrendered to Trustee Borrower shall pay any recordation costs Lender may charge Borrower a fee for releasing this Security instrument, but only ifthe fee Wini d to'a'third party for services rendered and the charging of the fee is permitted under Applicable Law 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law 25. Attorneys' Fees. Attorneys' fees must be reasonable BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it <)W_1,W (Seal) Ja Petrillo, Jr -Borrower [Printed Name] (Seal) -Borrower [Printed Name] o,U>Ipat' ILIA (Seal) Donna L Petrilla -Borrower [Printed Name] (Seal) -Borrower [Printed Namel North Carotim heed ofTruat—Single Famdy—Fi nine MaelFrMdie Mae Umfern, Instrument Form 30341/01 MERS Modified The Compliance Source, lot Page 12 of 13 Modified by Compllnce Sourer 14301NC OM Rev Wit www eompimnecioume corn 0200-2011, The Compliance Source, Inc 6631627 RECEIVED DCM WILMINGTON, NC JAN 14 2014 Exhibit "A" For Informational purposes only 4 Sunset Avenue, Wrightsville Beach, NC 28480 Being all of Lot 7, of the subdivision of property of Mrs E I Bear according to a map recorded in Map Book 3, Page 54, of the New Hanover County Registry, together with all rights the grantors may have to land between the above described lot and Banks Channel lying between the extended Northerly and Southerly lot lines Being the Identical property as conveyed to John L Leonard and wife, Elizabeth E Leonard on 3/21/2000, in Book 2721, Page 539, in the New Hanover County Public Registry "No other deeds affecting the vesting of title were found during the search penod of 24 months " PIN R06319-005-014-000 4 Sunset Avenue Wrightsville Beach NC 28480 RECEIVED DCM WILMINGTON. NC .IAN 1 JE 7.014 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 PARPR4PMAfYPRAPtidtiMMAit4pAipft4titPRlpggtA4lpAPWYiiifARMRAttiid4fRPfPIPiiPffiYtPRPRRAR40dRAgRRPARPRtARARYi4AWipARY Filed For Rgglserabon: Book: t)ooument No.: Recorder: 03/04/2013 03:06:33 KA RE 5716 Page: 2093-2109 2013007717 17 PGS $60.00 JOHNSON,CAROLVN State of NorM Carolina, County of Now Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 20 13007717 2. 3. 4. 5. 6. 7 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: James. D. Petrilla c/o Ed Flynn LOCATION OF PROJECT SITE: 4 Sunset Avenue, adjacent to Banks Channel, Greenville Sound, in the Town of Wrightsville Beach, New Hanover County. Photo Index - 2006: 24-7413- K, 14 2000: 24-306-N, 11 1995: 24-287-R, 16 State Plane Coordinates - X: 2360472 Y: 163803 Latitude: 34111'38.79630"N Longitude:77°48'28.90666"W INVESTIGATION TYPE: CAMA ROVER FILE # 0-011711 B INVESTIGATIVE PROCEDURE: Dates of Site Visit— 01/17/2014 Was Applicant Present — No PROCESSING PROCEDURE: Application Received — 01/14/2014 (Completed) Office — Wilmington SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (F) T pe_of Structures: Existing — Two-storl3ingle-farr private docking facility (G) Estimated Annual Rate HABITAT DESCRIPTION: — Replace docking facility rosion: N/A Source — N [AREA) DREDGED residence, timber bulkhead and a FILLED OTHER (A) Vegetated Wetlands (B) Open water 1,346 sq. ft (incorporated) (C) Other(Highground) (D) Total Area Disturbed: 1,346 sq. ft (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No PROJECT SUMMARY: The applicant proposes to replace an existing private docking facility within Banks Channel. James Petrilla Page 2 9. PROJECT DESCRIPTION: The project site is located at 4 Sunset Ave., adjacent to Banks Channel, between the Atlantic Ocean and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover County. To locate the property travel east from Military Cut -Off Road (N.C. Highway 17) approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (N.C. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks Channel. Turn right onto Waynick Blvd. and continue to travel south approximately 1 mile until you reach Sunset Ave. Access to the property of interest will be the second driveway located on the right hand side. The applicant currently maintains a two-story single family residence on the project site. The applicant has recently obtained a CAMA Minor Permit No. 13-25 through the Town of Wrightsville Beach for demolition of the existing building and the construction of a new single-family residence. The property is adjacent to residential properties with existing single family structures and private docking facilities. Highground vegetation consists of maintained lawn grass and ornamental landscaping. The lot is approximately 0.17 acres in size and has an average elevation of approximately 6' above normal high water (NHW). The project site has approximately 49.61 linear feet of shoreline frontage stabilized by a timber bulkhead. There is a small area of coastal wetlands currently located on the northern end of the property below the NHW boundary, consisting primarily of Smooth Cordgrass (Spartina alterniflora). Waterward of the existing bulkhead in this area is an intertidal strip of sand, which is approximately 15' in width (See sheet 1 of 3 and 3 of 3). The applicant currently maintains an existing docking facility within Banks Channel. An access pier, measuring approximately 120' in length by 6' in width extends in a westerly direction from the existing bulkhead. An existing partially covered platform, measuring approximately 10' in length by 8' in width is located midway on the southern side of the access pier. The pier terminates onto an uncovered "T- head" platform, measuring approximately 16' in length by 8' in width. An access ramp leads from the platform onto a floating dock, measuring approximately 24' in length by 6' in width, which runs in the same alignment as the access pier. Another floating dock, measuring approximately 20' in length by 6' in width is located landward of the existing platform on the northern side of the access pier. The existing docking facility currently accommodates up to three (3) vessels. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters of Banks Channel are classified SB by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to replace an existing private docking facility within Banks Channel. The existing pier and docking facility would be entirely removed and a new fixed access pier, measuring approximately 90' in length by 6' in width would be constructed. The access pier would lead into a new partially covered "L-head" platform, measuring approximately 24' in length by 16' in width, which would be oriented towards the south. An access ramp would lead from the new access pier onto a new floating dock, measuring approximately 40' in length by 6' in width, which would run in the same alignment as the proposed pier. A new boatlift, measuring approximately 13' in length by 14' in width would be located on the most landward end of northern side of the floating dock. The application states that the existing water depth in the location of e- isting and proposed docking structures would be approximately -8' at normal low water . The p ed reconfiguration of the existing docking facility would continue to accommodate up to four (4) slips at his location (See Sheets 1 and 2 of 3). James Petrilla Page 3 10. ANTICIPATED IMPACTS: The replacement would incorporate 1,346 sq. ft. of Estuarine Waters and Public Trust Areas, however much of this area is currently usurped by the existing docking facility. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. The docking facility would extend approximately 155' into a waterbody, which measures approximately 950' across. This distance conforms to the 1/4 width rule and the locally established pier head line. Submitted by: Robb L. Mairs Date: 01/24/2014 Office: Wilmington P. 0 Box B68 Wrightsville Beach, N.C. Z84BO Phane/Fax 910-Z56-306Z 10 Tanuary 2014 .NCDENR Wilmington, NC. BAN 1.4 2�14 Capt. Ed Flynn Durwood Sykes emad.eflyGmsn. com The enclosed CAMA Major Permit application for Mr. Tames Petrilla, #4 Sunset Ave. Wrightsville Beach, N. C. 28480 is to install a new single family dock facility. It consists of a 6' wide walkway,10'x24'gazebo, 6 x40' floating dock and one boatlift. There will be a total of four boat slips The old existing pier will be removed. The new proposed pier is for the applicants' farilly use. ' 0 *b DCM WILMINGTON, NC JAN 14 2014 Complete Marine Construction Service For Over 35 Years Piers — Bulkheads — Floating Docks - Boatlifts - Pilings — Repairs •'. •. •. C North Carolina 4. Primary Annijean!! Landowner Informatfan Project Name (if applicable) Business Name Appltranl t: First Name �/�•� MI J9 Last Name Applicant 2: First Name MI Last Name if additional aptilkan1s• please attach an adddionat p89e01 %Wlh names asted. PO Box City`a Mailing Address O yL a� %/��11/AiAQ t ry/ tt Country Phone No .ZIP d q19 - YCV- Street Address (rf different from above) City State Email . i 1 . I t 2. AgentlContractorinformatlon Business Name /5 o ud p Agent/ Contractor t: First Name 'LC•�� Agentl CaMraclet 2: First Name Mailing Address rStreet rea(fsdiffe3ntmm above) I 3,4t- MI Last Name MI Last Nerne PO Box city 86f3 kh Attune No. I rContractor a Cily <Form continues on back> FAX No. ZIP n State �t6d Ull� Uri Prime No. 2 ezl. Slate I ZIP DCM WILMINGTO JAN 14 2014 NC 3. Project Location County (can be Itlple) Street Address Stale Rd. It , Subdivision Name city -Slate Zip Phone No. h Lot No.(s) (it many, attach additional page with list) 26 TI ld 2 _ 2 V O ext. , a. In which NC river basin is the project located? 9{' b. Name of_boddyj f water nearest to proposed project 19fivi/3 efikthl41l �S VL C. Is 117e water body Identified in (b) above, natural or manmade? (]Unknown d. Name the closest major water body to the proposed project site. 04t 1 atural ❑Manmade 1441 e.. Is p posed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed es DNo work falls within..�J owowli (?d % 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 1411 Svtx c. Size of individual lot(s) J. Approximate elevation of tract above NHW (normal high water) or o/I % { NWL (normal water level) y (If many lot sizes, please attach additional page with a list) ❑NHW ordf WL e. Vegetation an tract I. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. iavvl1;,11-14-1 h. How does local government zone the tract? I. Is the roposed project consistent with the applicable zoning? (Att5fh zoning compliance certificate, if app cable) G5)dl.4�bni / NYYes ❑No DNA j, Is the proposed activity part of an urban waterfront redevelopment proposal? Oyes No k. Hasa professional 'arcfiaeological assessment been done; for the tract? 1f yes. attach a copy. C]Yds" d NA If yes, by whom?. t. Is the*proposed project located in a National Registered Historic District or does it involve a. OYes o DNA. . National Register listed or eligible property? ry afu vc..... .. ...... ....... m. (i) Are there wetlands on the site? Dyes oo (ii) Are there coastal wetlands on the -site? Dyes 0 (it) If yes to either (1) or (11) above, has a delineation been conducted? ❑Yes ❑No (Attach documentation, if available) n. Describe existing` wastewater treatment facilities. o. Describe existing drinking water supply source. c1% 7L't2 p. 07,nbe a '`stings,} rm water management or treatment systems. /Gtd�u� 15. Activities and Impacts b Grv/e a'b'o'ef-da phon of purpose,, use and daily operations of the prolett\when. mplete c. Describe the proposed construction methodology, types of construction equipmedifo be used during construction, the number of each type of equipment and where it is to be stored. ✓brfYir� �A/ z 8 j U d 51}a^� /!%� ry`32 Gtd2ff 7 eynv�df4 to ma 'Z1G2cSJ � Shcr� • d.. Litt alldevelopment activities.you propose.. - 17��t�fr� is ;� boa � ' ' � sA4 Neil �ib�1c� e. Are the proposed activities maintenance of an existing project, new work, or both? AlL-i i% I. What is the approximate total disturbed land area resulting from the proposed project? UU- - ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes JZNo DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. J I. Will wastewater or stormwaler be discharged Into a wetland? ❑Yes Wo ❑NA It yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA I: Ys-tRete ahy lei(iga6on proposed')::- , ,.. Yes-' Nis' k , ,:•`'. - 11 yes, attach a mitigation proposal.: RECEIVED' <Form. continues on.back> DCM WILMINGTOtd; NC J�1tV 2,014 Major Development Permit. 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application packpge to be complete: Items (a) -{Q are always applicable to any major development application. - Please consult.the application instruction booklet on how to property prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish `•oatween•wdrn urornlnetduartvpropaschr. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate 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 Nr ��,(�Gf Phone No. ?It)-03ca.lo�-y. Address�`d//ly%/�5%G";'%i c - - - - Name pn1i'IM.)il�, ��Y/Z�, r q'llr��/✓��,��.,( Phone No. Adtlressir%%KJ�U �Uy�rifM%VV%.1.61�Y)[/YGvrovrll /�� Name J V. Phone 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. h. Signed consultant or agent authorization form, if applicable. i. Welland delineation, if necessary. l -.i..,.A cinnen,AF. C:.haxarrt.nnlira fn, r nrniarrc in nreanrrnnLIa�n.jnt@L�•e_/nryr�re�gy,q�g�yr(3c.ewn8<,4.a,.... ..,..�....r..•..-•.--.-.- k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G S 113A 1-10) if necessary. If the project involves expenditure r-, o—f public funds. or vsp of public lands all a statement dncumenling.pomphanCa with the North: Carolina. Environmental P.glicy Act on. I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter:; on the aforementioned lands.. in connection.;with:evaluatingdnformalion:relatedao.thispermit application and:fo(low,up;.; monitori theptdject. I further certify that the information provided in this application is truthful to the best of my knowledge. Print Name C V G-�1 10 Dale l6 f/M, a-017 Signature N� Please indlcateappiicabon;attachmentspertalning lo:ydur proposed protect, ., ❑D MP-2 Excavation and Fill Information ❑DCM MP-9 Bridges and Culverts ❑tyCM MP-3 Upland Development CM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC .;HN 14 2014 . r. (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. 9. DOCKING FACILITY/MARINA CHARACTERISTICS a. (1) Is the docking facility/marina: ❑Commercial ❑Public/Government rwate/Eomnitmity c. .(i) Cock(s) and/or pier(s) (it) Number t15 (iii) Length ()v) Width G L (v) Floating [)YesN/1 e. (i) Are Platforms included? dyes ❑No It yes: (ii) Number (iii)Length o:z I (iv) Width (v) Floating []Yes dNo Note., Roofed areas are calculated from dripline dimensions. . (i) Nu bar of slips proposed (ii) Number Itif slips existing arm qdpjLairy i. Check the proposed type of siting: ❑ L- d cut and access channel _ ❑ an water; dredging (or basin and/or channel pen water; no dredging required ❑Other; please describe; k. Typical boat length: m. (i) Will the fa ilily have tie pilings? CIYE MNO (it) If yes number of tie pilings? ❑This section not applicat IF b. (i) Will the Willy be open to the general public? ❑Yes o d. (i) Are Finger Piers �// included? (Wes ❑No If yes: t (ii) Number (iii) Length T (iv) Width' Floating ❑Np (v) es I. (i) Are Boatlitts included? &/as ❑No If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage. fuel, and marine supplies ❑ Dockage ("we( slips') only, number of slips: _ ❑ Dry storage: number of boats: Vat . amp(s); number of boat ramps: err,, pl�e Describe: j. Describe the typical boats to be served (e.g.. open runabout, charter boats, sail oats. mixed types). O L� 92s, 4 I. (i) Will the fa ' i be open to the general public? ❑Yes No RECEIVED DCM WILMINGTON, NC JAN 14 2014 2. DOCKING FACILITYIMARINA OPERATIONS Section not applicable A. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: Location: ❑ Showers [] Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and 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. (il) Give the location and number of'Purnpout Availabie' signs proposed. ••"'-f - 'Describ'e the'special design, if applicable, for containing industrial type pollutants. such as paint, sandblasting wash: and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and 'No Wake' signs proposed. _ i. Give the location of heel -handling facilities, and describe the safely measures Planned to protect area water 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 services are currently provided? ---REGEIVEE) DCM WILMINGTON, NC U res uwu rt: Is the mannaldocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ❑No . o. Is the.madnaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), $hail bottom (SB), or other wetlands (WL)? If any boxes are checked. provide the number of square feet affected. . ❑CW _ ❑S.AV ❑SB _ OWL _ QNone P. Is the proposed madnaldocking facility located within or within close proximity to any shellfish leases? ❑Yes . ❑No . If yes,.give the name and address of the leaseholder(s), and give'the proximity to the lease. 13. BOATHOUSE (including covered lifts) ` % H )—YThis section not applicabr a. (i) Is the boathouse structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community (ii) Number (iii) Length _ (iv) Width _ Note: Roofed areas are calculated from dnpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) /lR/ This section.not applicabr L a (i) Number —� (ii) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 11" /A - - VThis section not applicabr a- Length c. Maximum distance beyond NHW. NWL or wetlands D. Average distance from NHW. NWL. or wetlands 6. MOORING PILINGS and BUOYS y�d l VThis section not applicabl a. Is the structure(s): []Commercial ❑Public/Government ❑Privale/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, it present. a. .Arc of the swing b. Number . d. Description of buoy (color, inscription, size, anchor. etc.) RE(;FIVF CM WILMINdf ON, NC JAN 14 2014 7. GENERAL a. Proximity of structures) to adjacent riparian property lines b. Proximity of stmcture(s) to adjacent docking facilities. Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body +950 t e. (i) Will navigati net aids be required as a result of the project? ❑Yes o ❑NA (fi) If yes, explain what type and how they will be implemented. d. Water depth t waterward end of structure at NLW or NWL - 61 "Lf� d. UIHtH ❑This section not applicabl a. Give complete description rj /d J /h. go/ Date Project Name l!l G-d Appl'cant Nam Applicant Stgnature �AjevG% III RECEIVED DCM WIL.MINGTON, NC JAJN 14 2014 S�cr,�J l/1L� � -�i5► D4/4 oo F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly®msn.com RECEIVED DCM WILMINGTON, INC JAN 14 Z014 /II �/iNos !'L'y2yGiw ` ,SUwell� b)14d 9q,v d91 &04, a� jAwer �,tiMgA�3�►11�- , 0010�-- -RIPARIAN SETBACK T— . t � I IS.B'RIPARIAN $ I SETBACK I Sll�i- I l ► - tN'. H> .! 01_ 6 ' lie jr t l9'6t, 3 :Lb�' C� q, •� graN IJ I I I I I I F&S Marine Contractors, Inc. Complete Marine Construction Services For Over 37 years! CAPT. ED FLYNN •- DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wdghtsvllle Beach, NC 28480 email: efly®msn.com 3N17 Qy3H �31d 4 RECEIVED DCM WILMINGTON, NC JAN 14 2014 16IF3 # �'y Slrf��i I ( I AT -A NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor `Director Secretary February 4, 2014 MEMORANDUM: I2ECEIviA TO: Jess! Baker FP-B 0 7 Z014 Fisheries Resource Specialist Division of Coastal Management DCM-MIID CITY FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach,.New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED ����'� DATE z 127 Cardinal Drive Ext., Wilmington, NC 26405 Phone: 910-796-72151 FAX: 910-3963964Internet: www.nccoastalmanagement.net An Equal Opportunity\ Affirmative Action Employer Aa �p NCDENR North Carolina Department of Environment and Natural Resources Division of Energy, Mineral, and Land Resources Tracy E. Davis, PE, CPM Pat McCrory, Governor Director John E. Skvarla, III, Secretary January 21, 2014 Mr. James Petrilla 12629 Richmond Run Drive Raleigh, NC 27614 Subject: EXEMPTION Stormwater Project No. SW8140213 Petrilla Private Docking Facility New Hanover County Dear Mr. Petrilla The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the CAMA Major Permit Application for the subject project on February 4, 2014. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit If the subject pro11'ect disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the proj1ect must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first. If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, her at Iinda.lewisOncdenr.gov. ZrTerely,racy E. avis, P.E., M� Division of Energy, Mineral, and Land Resources GDSIad: GAWQtShareMStormwatertPermltS & Projects120141140213 Exemption12014 02 permit 140213 cc: Ed Flynn; F & S Marine Contractors, Inc. New Hanover County Building Inspections eU1aaHW-w0a Doug Huggett, DCM Wilmington Regional Office Stormwater File t+loZ e ti 831 GIA1939H Wilminntnn Pa innnl rNfin 94th NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 4, 2014 Ceel 11111 i. MEMORANDUM: FEB sr �41014 �. TO: Shannon Jenkins NH DEH Shellfish Sanitation Section FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 2-� 7 1 14 RECETVM FEB 19 2014 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastaimanagement.net DCM-MHD CITY An Equal Opportunity \Affirmative Action Employer _ A Azle 7 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 4, 2014T `1 MEMORANDUM: FEB 0 4 2014 6. TO: Chad Coburn 6BY:_.-__ 401 Wetlands DWR - Wilmington FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound,'in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. C REPLY: t� This agency no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED. DATE RECEIVED 127 Cardinal Drive E#., Wilmington, NC 28405 FEB 19 2014 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net An Equal opportunity\ Affirmative Action Employer DCV•?J:FiD C:ry NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February4, 2014 EE(;EIVE MEMORANDUM: FEB 0 4 2014 TO: Georgette Scott By. Stormwater Section DEMLR - WiRO FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: � This agency has no objection to the project as proposed This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agenc objects to the project for reasons described in the attached comments. SIGNED DATED RECEIVED FEB 19 2014 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 AXirrnarve Action Employer DCM MM CTTY r DISTRICT 3 A4 ;A FEB 0 6 2014 NCDENR RECEIVED North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 4, 2014 MEMORANDUM: TO: Anthony Law NC DOT New Hanover County FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014, If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ✓This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE i 127 Cardinal Drive Ext„ Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanagement.net II RECEMD FEB 17 2014 An Equal opportunity 1 Art native action Employer DCKMRD Cffy DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: James. D. Petrilla c/o Ed Flynn 2. LOCATION OF PROJECT SITE: 4 Sunset Avenue, adjacent to Banks Channel, Greenville Sound, in the Town of Wrightsville Beach, New Hanover County. Photo Index - 2006: 24-7413- K, 14 2000: 24-306-N, 11 1995: 24-287-R, 16 State Plane Coordinates - X: 2360472 Y: 163803 Latitude: 34111'38.79630"N Longitude:77°48'28.90666"W 3. INVESTIGATION TYPE: CAMA ROVER FILE # 0-011711E 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 01/17/2014 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 01/14/2014 (Completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Town of Wrightsville Beach Land Classification From LUP — Conservation (B) AEC(s) Involved: EW, PTA (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (F) Type of Structures: Existing — Two-story single-family residence, timber bulkhead and a private docking facility Planned — Replace docking facility (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. HABITAT DESCRIPTION: [AREA] DRFDGFD FILLED OTHER (A) Vegetated Wetlands (B) Open water 1,346 sq. ft (incorporated) (C) Other (Highground) (D) Total Area Disturbed: 1,346 sq. ft (0.03 acres) (E) Primary Nursery Area: No (F) Water Classification: SB Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing private docking facility within Banks Channel. a> RECEIVED FEB 17 2014 DCM-MHD CITY James Petrilla Page 2 9. PROJECT DESCRIPTION: The project site is located at 4 Sunset Ave., adjacent to Banks Channel, between the Atlantic Ocean and Greenville Sound. The site is located within the Town of Wrightsville Beach, in New Hanover County. To locate the property travel east from Military Cut -Off Road (N.C. Highway 17) approximately 1 mile towards Wrightsville Beach. From the drawbridge, continue heading east on Causeway Drive (N.C. Highway 76) approximately 1 mile and proceed to cross the bridge over Banks Channel. Turn right onto Waynick Blvd. and continue to travel south approximately 1 mile until you reach Sunset Ave. Access to the property of interest will be the second driveway located on the right hand side. The applicant currently maintains a two-story single family residence on the project site. The applicant has recently obtained a CAMA Minor Permit No. 13-25 through the Town of Wrightsville Beach for demolition of the existing building and the construction of a new single-family residence. The property is adjacent to residential properties with existing single family structures and private docking facilities. Highground vegetation consists of maintained lawn grass and ornamental landscaping. The lot is approximately 0.17 acres in size and has an average elevation of approximately 6' above normal high water (NHW). The project site has approximately 49.61 linear feet of shoreline frontage stabilized by a timber bulkhead. There is a small area of coastal wetlands currently located on the northern end of the property below the NHW boundary, consisting primarily of Smooth Cordgrass (Spartina alterniflora). Waterward of the existing bulkhead in this area is an intertidal strip of sand, which is approximately 15' in width (See sheet 1 of 3 and 3 of 3). The applicant currently maintains an existing docking facility within Banks Channel. An access pier, measuring approximately 120' in length by 6' in width extends in a westerly direction from the existing bulkhead. An existing partially covered platform, measuring approximately 10' in length by 8' in width is located midway on the southern side of the access pier. The pier terminates onto an uncovered "T- head" platform, measuring approximately 16' in length by 8' in width. An access ramp leads from the platform onto a floating dock, measuring approximately 24' in length by 6' in width, which runs in the same alignment as the access pier. Another floating dock, measuring approximately 20' in length by 6' in width is located landward of the existing platform on the northern side of the access pier. The existing docking facility currently accommodates up to three (3) vessels. The Town of Wrightsville Beach Land Use Plan classifies adjacent waters and high ground area of project site as Conservation. There are no known archaeological sites located in the project vicinity. The waters of Banks Channel are classified SB by the Division of Water Quality. They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: The applicant proposes to replace an existing private docking facility within Banks Channel. The existing pier and docking facility would be entirely removed and a new fixed access pier, measuring approximately 90' in length by 6' in width would be constructed. The access pier would lead into a new partially covered "L-head" platform, measuring approximately 24' in length by 16' in width, which would be oriented towards the south. An access ramp would lead from the new access pier onto a new floating dock, measuring approximately 40' in length by 6' in width, which would run in the same alignment as the proposed pier. A new boatlift, measuring approximately 13' in length by 14' in width would be located on the most landward end of northern side of the floating dock. The application states that the existing water depth in the location of the existing and proposed docking structures would be approximately -8' at normal low water (NLW). The proposed reconfiguration of the existing docking facility would continue to accommodate up to four (4) slips at this location (See Sheets 1 and 2 of 3). James Petrilla Page 3 10. ANTICIPATED IMPACTS: The replacement would incorporate 1,346 sq. ft. of Estuarine Waters and Public Trust Areas, however much of this area is currently usurped by the existing docking facility. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. The docking facility would extend approximately 155' into a waterbody, which measures approximately 950' across. This distance conforms to the 1/4 width rule and the locally established pier head line. * . RECEIVED p FEB 17 2D14 DCM-MHD CITY Submitted by: Robb L. Mairs Date: 01/24/2014 Office: Wilmington F 4 5 Xanne Contractops, Inco P. 0 Box B68 Wrightsville Beach, M.C. 28480 Phone/Fax 910-256-3062 10 ,Tanuary 2014 NCDENR Wilmington, MC. Capp Ed Flynn Durwood Sykes emad-efly6mmsn. cam The enclosed CAMA Major Permi t application for Mr. Tames Petrillo, #4 Sunset Ave. Wrightsville Beach, N. C. 28480 is to install a new single family dock facility. It consists of a 6' wide walkway,1Oz24'gazebo, 6 540' floating dock and one boatlift. There will be a total of four boat slips The old existing pier will be removed. The new proposed pier is for the applicants' fa.�ily use. DCM WILM NIGTON, NC JAN 14 7014 Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs APPLICATION for Maier Development Permit (Isat t?117'l0e) North Caroline DIVISION OF CC'ASTAL MANAGirMENT f. pr(mnm Annncantl Landowner information Plolect Name (if appncaWe) eusiness Name T �- Lasl Name 17 �) <Form continues on back> RECEIVED ^r^r ^^ FFB 17 2014 DCM-MHD CITY DCM WILMINGTON, NC jaN 14 201n 3. Project Location County (can be Itipie) Street Address State Rd, R Subdivision Name City llwo pfh .State k' Zip alqtffiv Phone No. --yy `, Lot No..((ss)e(flmany, attach additional page with list) l �) d - C1r e ext. a: In which NC river basin is the project located? b. Name Hoff bodypf water nearest to proposed project '6t1;ghliLlL 6' 'My,U /fir/{A114 c. Is t water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. &f atural ❑Manmade ❑Unknown Y111A1, 1/'e7hh e. Is p posed work within city limits or planning jurisdiction? I. if applicable, list the planning jurisdiction or city limit the proposed as []No work falls withinn(. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) idl' Sv'x 7' c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or e�I NWL(normal water level) � (If many lot sizes. please attach additional page with a list) ❑NHW orX/NWL e. Vegetation on tract I. Man-made features and uses now on tract g. Identify and describe the existing land uses adiacent to the proposed project site. 4,�51�IL,47711-1 h. How does local government zone the tract? i. Is the roposed project consistent with the applicable zoning? (Alta h zoning compliance certificate, if app cable) f es ONo ONA j. Is the proposed activity part of an urban waterfront redevelopment proposal? OYes WNo k. Has a professional archaeological assessment been done: for the tract? If yes, attach a copy: ❑Yes. o NA If yes. by whom?. .. 1. Is posed project located in a National Registered Historic District or does it involve a. . ElYes 11610 ❑NA National Register listed or eligible property? ' pc m. (1) Are there wetlands on the site? ❑Yes o� (ti) Are there coastal wetlands on the site? _ _ _ ❑Yes o (lit) If yes to either (I) or (it) above, has a delineation been conducted? ❑Yes ❑No - - - (Attach documentation, if available) - n. Describe existingwastewatertreatment facilities. o. Describe existing drinking water supply source. CIAiL'YL P. D cri a Ling s rm water management or treatment systems. 5. Activities and Impacts :° "-•> - Mihercial: `❑f'ublin/Gowirnment'-"' e, i�tilt't1te:(iKtJecFhe ror oommerrtai pubbc; vt• `vate use• rivate/CanNnanity b.. Give a brief description. of purpose,. use, and daily operations of the project when.complets. - 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 storetl. S PA -- >7erJrnr li %�jlyt >'oslayl�►� d.. Litt alldevelopment activities -you propose. - ( 4--wsfl4i PJLZX. ��, sr►�l lend yid AN4 e- Are the proposed activities maintenance of an existing project, new work, or both?Lli , -` 1. What is the approximate total disturbed land area resulting from the proposed project? l� _ ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes wrio ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. Rb j(!L I. Will wastewater or stormwater be discharged into a wetland? ❑Yes MNo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑ ❑NA j, -ts fthi any mitigation Proposed?' :.,.. .. , ... , ....... Yam. aja'' HA . It yes, attach a mitigation proposal. - RECEIVED' , <Form. continues on back>. UCIMD DCM �/�IMFNGTOW' jyp JAN 1.4 2014 DCM-MUD CITY Major Development Permit , 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complefe: Items (a)- (f) are always applicable to any major development application. Please consuft.the application instruction booklet on how to property prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish "ahtwee, rwdrn cmnjnb[du-advproposdu. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate 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 Uwe- YAW1( Phone No. {%0.��l.�O yFy AddressM5 i7CL)P/'1-AJ(r( /A, 6v/itS y1m, 14(„ M� < t Name �i11r'i'JYJtCC7m a IJaL RL�j � / pvyl', �'',�, - ( �t Phone No. Address %) ,/17, ji,041{iM-/W�.l: 1 l� �vl�'�'/l.r Name —�� '� . Phone*No. Address g. A list of previous state or rederal,permils issued for work on the project tract. Include permit numbers, permiltes, and issuing dales. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation. if necessary. . k A statement of compliance with the N.C. Environmental Policy Act (N.C.G S 113A 1-10) if necessary. If the project involves expenditure Of public funds pr uSC of pubkc lands -it aeh he statement decumenting.complance with the North;Carp4na Environmental Policy Act, 1 understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter onthe aforementioned lands.. in connection with.evaluatinginformaton:relatedao.thlspermit:application and follow,up .: mdnildiing of the`pfdject. . 1 further certify' that the information provided in this application //istI�ruthful to the best of my knowledge. Dale lb ,jjM, aL01V Print Name t; l l Ylid Signature Please indlcale ipplicatlon atteehments pertaining,to'your.proposed project, YMODMMP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts MP-3 Upland Development MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JAN 14 2014 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 applica, a. (I) Is the docking facility/marina: b. 4vatelleomin (i) Will the faci' y be open to the general public? ❑Commercial ❑Public/Govemmenl f Clint, Oyes o c. (1) Docks) and/or pier(s) d. (i) Are Finger Piers included? [ Yes ❑No (if) Number __�__r If yes: / (iii)Length /[_.�- (ii)Number d (iv) Width %_ (iii) Length (v) Floating ❑Yes o (iv) Width J (v) Floating es ONO e. (i) Are Platforms included? prJYes ❑No f. (f) Are Boatfifts included? des ONO If yes It yes: (ii) Number / - Length (ii) Number Length (iii) elitp i (iv) Width L (ni) (iv) Width if (v) Floating ❑Yes MINO Note: Rooted areas are calculated from dnpline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. (�. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service �+ ❑ Dockage. fuel, and marine supplies ❑ Dockage rwet slips') only, number of slips: - ❑ Dry storage: number of boats: ❑ Pbat ramp(s); number of boat ramps: ' Other, pipse describe: I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g.. open runabout. ❑ L d cut and access Channel charter boats. sail oats. mixed types). &M aug ANWIF ❑ an water; dredging for basin and/or channel pen water; no dredging required ❑Other, please describe; k. Typical boat length: IL. I. (i) Will the fa i be open to the general public? ❑Yes No m. (i) Will the l iility have tie pilings? RECEIVED ❑Yes @fNo RECEIVED DCM WILMINGTON, NC (if) If yes number of fie pilings? (' FEBAN 14 2014 EB 1 7 2014 DCM-MHD CRY Z DOCKING FACILITY/MARINA OPERATIONS 0 This section not applicable a. Check each of the following sanitary facilities that will be Included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and 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. iii) Give the location and number of-Purnpoul Available" signs proposed. f.;%.:Descdbe.the special design. if applicable, for containing industrial type polidlants.'such as paint, sandblasting waste and pevofeum`pioducis. e. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake' signs proposed. _ t. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy,on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion. of an existing marina, what types of services are currently provided? DCM WILMINGTON, NC JAN 14 2014 uTes uNo n: Is the manna/docking facility proposed within or adjacent to any shellfish harvesting area? OYes ONo o. Is the. marinaldocking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. . OCW OSAV ❑SS _ OWL A QNone p. Is the proposed Marina/docking facility located within or within ctose proximity to any shellfish leases? OYes . ONo If yes, give The name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ' 7 # This section not applicabr a. (I) Is the boathouse structure(s): OCommercial ❑Public/Govemment OPrivate/Community (ii) Number fill)Length _ (tv) Width Note: Roofed areas are calculated from dr7oine dimensions. 4. GROIN (e.g., wood, sheelpile, etc. it a rock groin, use MP-2, Excavation and Fill.) r /# This section not applicabr a (r) Number _ (ii) Length T (iii) Width 5. BREAKWATER (e.g, wood. sheetpile, etc.) X - 'VThis section not applicabr a- Length _ c. Maximum distance beyond NHW. NWL or wetlands b. Average distance from NHW. NWL. or wetlands 6. MOORING PILINGS and BUOYS r JY I This section not applicabl a. Is the structure(s): OCommercial OPublic/Government OPnvate/Community C. Distance to be placed beyond shoreline Note: This should he measured from marsh edge. if present. a. .Arc of the swing b. Number d. Description of buoy (color, inscription, size. anchor, etc.) RECEIVED JAN 14 2014 DCM•:V3i9 CITY NC 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. fi��,,,'v36H��'l��i�a�LYt9W��dlNl9'Il1G�2_ ' Note: For buoy or mooring piling, use arc of swing including length of vessel. C. Width of water body +1.50 l e. (i) W ill naviga[2 nal aids be required as a result of the project? Dyes o DNA III) If yes, explain what type and how they will be implemented. & OTHER a. tdlve complete description Date Project Name ed r�yu) L&%) r Apptcanl Nam Applicant Signature d. Water depth I watenward end of structure at NLW or NWL -� f61NLt) I] This section not applicabl Aleo G`k/Ig"A-,rn wl /Geu RECEIVED DCM WILMINGTON, NC JAN 14 20N y .furs 4hut�t Ujo,vwd ILL ✓ )/j0 h ��zs�, V41400 F&S Morino Contractors, Inc. Complete Marine Construction Services For Over 37 years! e CAPT ED FLYNN DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: efly®msn.com RECEIVED FEB 17 2014 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC LnO�l 0�� M .3 IF I L_ °�4 I I I I I I I I I f I I � I I � —I — 39'6V �a "I �'y Sirtf�l� 41_ 9 I H I 1 F&$ Marine Contractors, Inc. Complete Marine Constructlon Services For Over 37 years! CAPT. ED FLYNN I DURWOOD SYKES Piers, Floating Docks, Pilings, Bulkheads, Boat Lifts, House Pilings, Repairs P.O. Box 868 Phone/Fax: (910) 256-3062 Wrightsville Beach, NC 28480 email: eflyomsn.com 1' 1 -..• � 3M17 py3H d31d u RECEIVED DCM WILMINGTON, NC JAN 14 2014 REM VM FEB 17 2014 DMHD�'T�' /cF3 .-.fin �o�A►LI�� LTIVYWA NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 4, 2014 MEMORANDUM: TO: Dan Sams 8y District Manager DEMLR - WiRO FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, INC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects tto' the project for reasons described in the attached comments. SIGNED DATE G- RECEIVED 127 Cardinal Dive Ext., Wilmington, NC 28405 FEB 18 2014 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanaoement.net An Equal opponunity\Affirmative Action Employer DCM-MRD CITY �+J�A r NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 4, 2014 MEMORANDUM: 1 I TO: Debra Benoy FEB District Manager 8Y� Public Water Supply FROM: Jonathan Howell, INC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: �. This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This glency nobjects sttoo the project for reasons described in the attached comments. SIGNED IL «V\ DATE e!) RECENED 127 Cardinal Drive Ext., Wilmington, INC 28405 FEB 1 8 2014 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastaimanaaement.net An Equal opportunity 1Alfnmalive Action Employer DCM•MHDCITY ` a �5-'14 09:11 FROM- NCDETIR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director February 4, 2014 MEMORANDUM: TO: Mark Zeigler WiRo Division of Community Assistance T-499 P0002/0002 F-870 Natural Resources John E. Skvarla, III Secretary FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: . James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached, This agency objects to the project for reasons described in the attached comments. SIGNED AAJAV_ DATE /s- 127 Cardinal Drive Ext, Wilmington, NC 28405 ,Phone: 910-796.72151 FAX: 910395.3964 Internet: wWw.nccm.51@lmanagemerit.net An EOual OppoUNy%APomiaNe Ac#m EmpWar Recommendations for State Permit — James Petrilla 01 /24/2014 The total area of floating docks and platforms was calculated as follows:n'8D Shoreline length = 49.61' x 8 sq. ft. = 396.88 sq. ft. allowable > Proposed floating dock = not calculated due to alignment a FEB 0 7 7014 Proposed partially covered platform = 24' x 11' = 264 sq. ft. (access credit through platform icluded) Total = 264 sq. ft Tfc'f MHD crry The replacement of the existing docking facility would provide docking space for the total up to four (4) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the '% width rule, the eight square foot rule and the pier width rule. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. This permit does not authorize the interference with any existing or proposed Federal project, and, the permittee will not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. The permittee will maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he abandons the project without having the permit transferred to a third -party. 8. This permit authorizes a maximum of four (4) boat slips. At no time shall more than four (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at 910-796-7215 prior to the commencement of any such activity for this determination. I NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 4, 2014 4c 1 R 4� FEB 2014 MEMORANDUM: !t��CEtyE.►J TO: Maria Dunn _ � NCWRC WaRO / WiRO JFir FROM: Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: James Petrilla Project Location: 4 Sunset Avenue, adjacent to Banks Channel/Greenville Sound, in the Town of Wrightsville Beach, New Hanover County Proposed Project: replacement of an existing private docking facility within Banks Channel Please indicate below your agency's position or viewpoint on the proposed project and return this form to Jonathan Howell at the address above by February 28, 2014. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7423, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. ZThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. SIGNED DATE 2 - I I - 2c>4- 127 Cardinal Drive€xt., wdmington, NC 28405 Phone: 910-79672151 FAX: 910-395-3964Intemet: www.nccoastaimanaaernent.net An EGual0 podum-1%Affm five AOw Ertpger F d 5 Marine Contractors, Inc. P.O Box 868 Capt. Ed Flynn Wrightsville Beach, N.C. 28480 Durwood Sykes Phone/Fox 910-256-3062 email.efly@msn.com ff u ��i11yi6 Cri.t'L'Y� +✓,Ift3)t�3S y7n. 1I)Itli2t1�19 ■ Complete Items 1, 2, and S. Also complete Item 4 if Restricted Delivery Is desired. A Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mallpleco, or on the front if space permits. ! 1. ArticleAddressedto: ,/% l �f #Pn1yA %Cpa �t/✓Gr61�13Gy�1��✓1ir11Jl f �G 2; Article (Dumber i ps Form 3811, February 2004 1 C ■ Complete Items 1,2, and S. Also complete Item 4 if Restricte&D'ellvery is desired. ■ Print your name and address an the reverse .so that we can return the card to you. ■ Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: _. gig-, M//bd �l tan 1yG�i, 2.' Article rye�nhar on lOli 1` L))p, (riansfsrrrdm ice116;1 3811 PS Formi February 2004 I j ', ?'t 10omes A L01wL'- G,/�93 I ❑ Agent '❑ Addressee' -B. Received by(Pdnled Name) C: ate IF livery i J y., D., Is delivery addrawdiff"U 4 ❑Yes - If YES, enter�I {�� N,�it1�° MAR 12 2.014 3. Se ceType ' CeNfled all Cl Express Mall C1 Registered ❑ Return Receipt for Metchendlse 4. Restricted Delivery? Pee Fee) ❑ Yes ")to/ ,/qn9 373-d n Receipt. 10269W, A. B. Recelvddby(Pdnted(Namt)n 10. D. Is MAR 12 2014" IgGertiffed Mall CJ Express Mall ❑ Registered O Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (E�*a Fee) Cl Yes Im',�vl 11B3F�j i '�;'J,S�1 i i 1 � Return Receipt 102665r04h41640; RECEIVED DCM WILMINGTON, NC MAR 12 2014 35 Years tgs - Repairs MAR 12 [U14 CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner r Address of Property: (Lot or !reel #, Street or Road, Itity & County), Agent's Name # Lit / jld� (�`� r��rlrr� Mailing Address: Agent's phone #;/n _1•}� . �p ;i �i ci! 1 viJC /�! ��� Cll vy�� I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing A description or drawing with dimensions, must be Provided with this letter. I havc no objections to this proposal I have obiection.c to this proposal. If you have objections to what is beingproposed, you must notify the Division of Coastal Management (DCM) in writing within 10 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Err, Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the some as no objection if you have been notified by CertMed Mail. WAIVER SECTION 1 understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you RECEWM wish tow a the setback. you must initial the appropriate blank below.) V \ / I do wish to waive the 15' setback requirement FEB 0 % 2014 V— 1 do not wish to waive the 15' setback requirement. DCM-MHDC1Ty (Prope O ab Signal! e 'teS .+rll14. Print or Type Name � 2�_ aX&rd br Mailing Address RgtGc Z ink, N 704 Cityls atelzip (-_- q Iq. 42z gz o9 Telephone Number --� 16/13 Date --- - Owner �Ry✓lf /S_ ,1�� Print or Type Name A Mailing Address / I Ciry/Sta e/Zip / ay— ( IA . 2' �i, - /os2 Teiepho,id Number Data /2 /% /J RECEIVED Revised &l&21P9M WILMINGTON, NO JAN 14 2014 MEMORANDUM To: Jonathan Howell From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, James D. Petrilla, Wrightsville Beach — New Hanover County Date: March 25, 2014 Consistencv Determination: This project appears to be consistent with the Wrightsville Beach Land Use Plan update. The applicant proposes to replace an existing private docking facility within Banks Channel. The property is located at 4 Sunset Avenue in Wrightsville Beach, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW and PTA. Waters at the project site are classified as SB and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2005 Town of Wrightsville Beach Land Use Plan and offer the following comments. The general area of the project is classified Developed, while the AECs impacted by the work are classified as Conservation/Resource Protection. In general, the Town of Wrightsville Beach allows development in Conservation/Resource Protection classified AECs which is consistent with the State's minimum use standards. The Town of Wrightsville Beach Land Use Plan contains some policies, which exceed the State's minimum use standards including those for piers and marinas. However, none of these more restrictive policies seem to be applicable to this project. This project appears to be consistent with the Town of Wrightsville Beach Land Use Plan. Cc: File T 'ewm'6's�o� ,forth Carolina Department of Ervironment and Natural Resource Div'sion of Coastal Dee Fre^man, , ames H, rre990n swetar/ gavgAY Eaves Perdue rbCCtCt JwF •°^ r A RNT�ORV_ATION ccRM Name of Progorty Owner Applying for Para.'+. . IlWr�S �J r YGt,�Y! Owner's Mailing .4otlrass Phone Number Ls....!• Name of Authorized Agent for tms prp;ec a;;enc s Mailing Address Orions i cwl;y that I have a::thcr;zec the agert Lsted above to act or my nemW, for the purpose of *^r aria obtainng all CAMA Permits 10ce5sary to ',nsta)l or construct the foilowing Octtwty) IVL ;my property located) al S This certification is Owner Signature ..a l2 3 1 13 Date '.Ilisrlre;.'`ra`E,FF,x5i07"a'.ti" yJ"emx.w.•rxas�aR,anu3a<ru'no'. Drone 9to 1" 2'. ......, ti.. —,. Aernnn w. -', emp:0 RECEIVED FEB 0 7 2014 DCM.MHDCny RECVED DCM WILMINGTON, NC JAN 14 2014 ti�OhPCaroli a Vatural CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary February 4, 2014 Ed Flynn c/o F & S Marine Contractors, Inc. RECEIVED P.O. Box 868 Wrightsville Beach, North Carolina 28480 FEB 0 7 �( i4 Dear Mr. Flynn: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agenl-forWr5limes Patrilla, for State approval for proposed development located at 4 Sunset Ave., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. It was received as complete on January 14, 2014, and appears to be adequate for processing at this time. The projected deadline for making a decision is March 30, 2014. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 14, 2014, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. Robb L. Mairs Field Representative cc: Doug Huggett, DCM Ronnie Smith, USACE Tony Wilson, Town of WB 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net An Equal Opportunity 1 Alfirmafive Action Employer LAMA PERMIT APPLIED FOR Applicant proposes to replace a private )JECT: - - ---- - - — - - -- - - APPLICANT: Ed Flynn F & 8 Marine Contractors, Inc. PG Box 868 Wrightsville Deash,NC 28480 o For: James D. Petrilla FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW NC Div. of Coastal Manaaement 127 Cardinal Dr. Ext. Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7215 F & S Marine Contractors Inc. P. 0 Box 868 Wrightsville Beach, N.C. 28480 Phone/fox 910-256-3062 10 January 2014 NCDENR Wilmington, N.C. R.�CE,IVED ,4N 14 ?014 Capt. Ed Flynn Durwood Sykes email: efly@msn, com to RECEIVED FEB 0 7 , 1 DCM•MaDCUY The enclosed CAMA Major Permit application for Mr. Tames Petrilla, #4 Sunset Ave. Wrightsville Beach, N. C. 28480 is to install a new single family dock facility. It consists of a 6' wide walkway, 10'x24'gazebo, 6'x40' floating dock and one boatlift. There will be a total of four boat slips The old existing pier will be removed. The new proposed pier is for the applicants' family use. � -/I k/ ? -)O�b DCM WECEIVED ILMINGTON, NC JAN 14 2014 Complete Marine Construction Service For Over 35 Years Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs NCDENR North Carolina Department of Environment and Division of Coastal Management Pat McCrory, Braxton C. Davis Governor Director February 4, 2014 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Patrilla Major Public Notice Natural Resources John E. Skvarla, III Secretary RECEIVED FEB 0 7 2014 W= Kyle & Heather: Please publish the attached Notice in the Friday, February 7, 2014 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Shaun K. Simpson Permit Support Technici Division of Coastal Management Enclosure cc: WiRO Jonathan Howell Ronnie Smith Michele Walker 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215 \ FAX: 910.3953964 Internet: www.nccoastalmanagement.net An Equal OppDdunity \ Aflinnative Action Employer NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR xECEr,�n DEVELOPMENT PERMIT FEB 0 7 MA The Department of Environment and Natural Resources hereby gives public notice Aelt _ GS 113A-119(b) that an application for development permit in an Area of Environmental Concern as designated under the CAMA was received complete on January 14, 2014. According to said application, James D. Petrilla proposes to replace a private docking facility at 4 Sunset Ave., adjacent to Banks Channel, in Wrightsville Beach, New Hanover County. A copy of this entire application may be examined or copied at the office of Robb Mairs N.C. Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-74215) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 28, 2014, will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in this matter will be provided upon written request. MAJOR PERMIT FEE SCHEDULE Petrilla / $250 / New Hanover Co. DCM % DWQ % Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, noncommercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does of involve the filling or excavation of any wetlands or open water areas: $400 1000/. $400 0% $0 III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% $0 III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 II I(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 490 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or xcavation of more than one acre of wetlands nd/or o en water areas: $475 60% $285 40% $190 PBBCMVED FEB 0 7 2014 DCU-XWCrrY OWTV rri o � A F AND S MARINE CONTRACTORS INC PO BGX 888 WRIGHTSVILLE BEACH, NC 28480-0888 PAY/('/��/ % THE OR / 1 L ORDER OF_ 1 _ 61PNEBANK il �V PNY,&N.A 040 n .ii n'00353 3531 15-3/540 540 DATE 893 (� $ OLLARS M 0000 301: 53 2 i8 i46 2 21I' 1111111111111 2013007717 5FOR REE�GnISTRRT�tIiO�N REGISTER OF NMI REW NNJ CGWNRTVUENC 2013 MAR 04 03 06.93 PM BK 5718 *2093-2109 FEEIN 00 XM 12013001117 (Space Rhove This Line For Rec ordmX Dotal Loan Number. 6631627 MIN.100995500066316278 DEED OF TRUST After recordmg please return to: MtcCle �� KLG ny, Final ocuments / [Nam° mej°Np` 344 TWINADW WAf Sum 10 [Attention) oaol 4RUM/ NL Z8177 [Street Address] 516 [City, State Zip Code] RECEIVED DCM WI[MINGTON, NC This document was prepared by: O^^'EK LANI FLL / JAN 14 2014 Parcel ID Number: P-06319-605--e1y—ooa DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11. RECEIVED 13, 18, 20 and 21 Certain rules regarding the usage of words used in this document are also provided in Section 16 (A) "Security Instrument" means this document, which is dated March 4, 2013, together with all Riders to ih...i�.... FEB 0 7 201, (B) "Borrower" is James D. Petrilla, Jr and wife, Donna L Petrdla Security Instrument Borrower is the tms[or under this DCM-MJip Cp'Tl under the laws of The state or North Carolina Lender's addreser" is Direct Home Loans, LLC Lender is a s limited 1401liabttCe Central Ave ity corporation u to Al, and existing Charlotte, NC 28205 (C-1) The name of the Mortgage Broker is N/A North Carolina Deed ofTrvst�Smgk Family—Fannu "106 cddrc Mnc 1 '11 ; m Instrument MF.RS Modrncd The Comphaote Source, lac Farm 303411111 uwweo upluaresaurcearom Page I of 13 Modlfled by Compliance Source 14301NC 0&" Rev 12111 02000.3011, The Comphaa.e Soaroo 1ae 6631627 s . i .. i I s I .. i.. -1 I -- .' .......... , .. .:. .1. It I s I .. i.. -1 I -- .' .......... , .. .:. .1. It DCM RECEIVED NC JAN 14 2014 (D) -Trustee" is Baker law Pile (E) "MERS" is Mortgage Electronic Registration Systems, Inc MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns MERS is the beneficiary under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of PO Box 2026, Flint, MI 48501-2026, tel (888) 679-MERS (F) "Note" means the promissory note signed by Borrower and dated March 4, 2013 The Note states that Borrower owes Lender Nine Hundred Thirty One Thousand and 001100ths Dollars (U S $931,000.80) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March I, 2028 (G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property" (H) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest (1) "Riders" means all Riders to this Security Instrument that are executed by Borrower The following Riders are to he executed by Borrower [check box as applicable] ❑ Adjustable Rate Rider ❑ Condominium Rider ® Second Home Rider ❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ 14 Family Rider ❑ Revocable Trust Rider ❑ Other(s) [specify] (3) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions (K) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization (L) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account Such term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by RECEIM telephone, wire transfers, and automated clearinghouse transfers (M) "Escrow Items" means those items that are described in Section 3 FEB 0 7 2014 (N) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for U) damage to,DC�r-.yrzrrOCrl, or destruction of, the Properly, (it) condemnation or other taking of all or any pan of the Property, (u1) conveyance in lieu of condemnation, or pv) misrepresentations of, or omissions as to, the value and/or condition of the Property (0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, The Loan (P) `Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (it) any amounts under Section 3 of this Security Instrument Norsk Carolina Deed orTnni—Single Famly—Fauna Mae/Frtddte Mac Uniform tasimment Form 3034 INI MERS Modified The Compliance, Somme, lilt Page 2 of 13 Madded by Comph.mce Source 14301 NC O&W Rev 12/11 "cow compkances fume cum 02000-2011, The Compliance Somme, tat 6631627 10 0 RECEIVED DCM WILMINGTON, NC JAN 14 2014 (Q) "RESPA" means the Real Estate Settlement Procedures Act (12 US C §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 matter 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 Loan does not qualify as a "federally related mortgage loan" under RESPA (R) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY The beneficiary of this Security Instrument is MERS (solely as nominee for Lender and Lender's successors and assigns) and the successors and assigns of MERS This Security Instrument secures to Lender (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note, and (it) the performance of Borrower's covenants and agreements under this Security Instrument and the Note For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the County [Type of Recording Jurisdiction] See Attached Exhibit A which currently has the address of 4 Sunset Ave Wrightsville Beech [city] of New Hanover [Name of Recording Jurisdiction] [Street] North Carolina 28480 ("Property Address") [Zip Code] TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns, forever, together with all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property All replacements and additions shall also be covered by this Security Instrument All of the foregoing is referred to in this Security Instrument as the "Property" Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property, and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument BORROWER COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record THIS SECURITY INSTRUMENT combines uniform covenants for national use and nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property UNIFORM COVENANTS Borrower and Lender covenant and agree as follows I. Payment or Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note Borrower shall also pay funds for Escrow Items pursuant to Section 3 Nor1A Carolina DCM afTivst�mgle Family—F�nme Mae/Fmltlie Mnc Undorm Isrument MERS ModiaM Form 3031 IPoI The Compliance Sao,, Inc Page 3 of 13 Modified by Complmnce Soumc 14301NC 08Po0 Rev IV] I rrrrw mmphantetource cam 02000-2011, The Compla ," Sourcc, Inc 6631627 RECEIVED DCM WILMINGTON, NC JAN 14 M4 Payments due under the Note and this Security Instrument shall be made in U S currency However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity, or (d) Electronic Funds Transfer Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15 Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current If Borrower has breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied In the following order of priority (a) interest due under the Note, (b) principal due under the Note, (c) amounts due under Section 3 Such payments shall be applied to each Periodic Payment in the order in which it became due Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note If Lender receives a payment from Borrower for it delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess maybe applied to any late charges due Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments 3. Funds for Escrow Items Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and other items which can attain 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 any and all insurance required by Lender under Section 5, and (d) Mortgage Insurance premiums, If any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of "Escrow 'CEi Section 10 These items are called Items" At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall bean Escrow Item Borrower shall promptly furnish to Lender all notices FEBF- amounts to be paid under this Section Borrower shall pay Lender the Funds for Escrow Items unless Lender O % waives Borrower's obligation to pay the Funds for any or all Escrow Items Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time Any such waiver may only be in writing In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow DCMMADI Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9 If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under North Carolina Deed of Trust —Single Family—Faame Mae/Fmddte Mac Undorm Instrument Form 3034 INI MERS Modified The Compliance Sources Inc Page4 of 13 Modified by( compliance Somme 14301NC O&W Rev 12111 nww eamplunterource coin 02000-2011, The Compliance Source, Inc 6631627 Section 9 to repay to Lender any such amount Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3 Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds 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 vertfying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender 4. Charges; Liens Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower (a) agrees in writing to the payment of the obligation secured by the hen in a manner acceptable to Lender, but only so long as Borrower is performing such agreement, (b) contests the lien in good faith by, or defends against enforcement of the hen in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the hen while those proceedings are pending, but only until such proceedings are concluded, or (c) secures from the holder of the hen an agreement satisfactory to Lender subordinating the hen to this Security Instrument If Lender determines that any part of the Property is subject to a hen which can attain priority over this Security Instrument, Lender may give Borrower a notice idennfymg the ben Within 10 days of the date on which that notice is given, Borrower shall satisfy the hen or take one or more of the actions set forth above in this Section 4 Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan S. Property Insurance Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage;' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires What Lender requires pursuant to the preceding sentences can change during the term of the Loan The insurance carver providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's Gone, which right shall not be exercised unreasonably Lender may require Borrower to pay, in connection with this Loan, RECEl either (a) a one-time charge for flood zone determination, certification and tracking services, or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification Borrower shall also be FEB U % responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower North Carolina Deed ofTrus"ingle Family --Fannie Mae/Fmildie Ma llmform Imt"foent Form 3034 INI MERS Modified The Compliance Source. Inc Page S of 13 Modified by Compliance Source 14301NC OainO Rev 12/11 www compinareaonree rom 020tO-1011. The Compliance source, tar 6631627 DCM WILMINGTON, NC JAN 14 Z014 RECEIVED DCM WILMINGTON, NC JAN 14 2014 If Borrower fads to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense Lender Is under no obligation to purchase any particular type or amount of coverage Therefore, such coverage shell cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or lability and might provide greater 0 lesser cove ee than was orevrously in effect Borrower acknowled¢es that the cost of the insurance coverage so tamed might significantly exceed the cost of Insurance that Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with ouoh mtomin, upon nonce from Lender to Borrower requesting payment All Insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee Lender shall have the right to hold the policies and renewal certificates If lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices If Borrower obtains any form of Insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall Include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender Lender may make proof of loss if not made promptly by Borrower Unless Lender and Borrower otherwise agree In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or reoair of the Prooarty, 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 insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly Lender may disburse proceeds for the repairs and restoration in a single payment or in it 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, retamed by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower If the restoration or repair Is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, If any, paid to Borrower Such Insurance proceeds shall be applied in the order provided for in Section 2 If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim The 30-day period will begin when the notice Is given In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any Insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights 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 RECEIVE 6. Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which cement shall not be unreasonably withheld, or unless extenuating circumstances exist which are FEB 0 7 2 14 beyond Borrower's control 7 Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property Whether DCM-MAD C Y or not Borrower Is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition Unless it Is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released Proceeds for such purposes Lender may disburse proceeds for the repairs and resoration m a single payment or in a series of progress payments as the work Is completed If the insurance or condemnation proceeds North Carolina Uetd of7}wt—Srn`Ie Family—Faonr Mae/Fredd¢ Mx UmPorm Inetroarcnt MERS Modtikd Form 3O74 IAI The ComplmnaeiaaMn, Faae 6orll Modlaedby Complmam Sou¢ 1,d0INCOLIMR a 12/11 www templmn,taource C0rom C-2000-2011. The Compton,, So,". In, 6631627 9 • 4 I RECEIVED DCM WILMINGTON, NC JAN 14 2014 are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration Lender or its agent may make reasonable entries upon and inspections of the Property If it has reasonable cause, Lender may 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 0. 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 principal residence 9. Protection of Leader's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest to the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property Lender's actions can include, but are not limited to (a) paying any sums secured by a lien which has priority over this Security Instrument, (b) appearing in court, and (c) paying reasonable attorneys' fees to protect its interest of the Propeity 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 of board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so It is agreed that Lender incurs no liability for not taking 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 rate from the date of disbursement and shall be payable, with such interest, upon notice from fender 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 Lender agrees to the merger in writing 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately RECEF designated payments that were due when the insurance coverage ceased to be in effect Lender will accept, use and retain these payments as a non-refundable loss reserve, if permitted under Applicable Law, in lieu of Mortgage Insurance Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in FEB 0 7 full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve, if permitted under Applicable Law Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, DCM-MHC is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, if permitted under Applicable Law, or to provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by North Carolina Deed orTrust—Smgle Family —Fannie Mae/Freddec Mar Uniform Instrument Form 30341/01 M ERS Modified The Compiuna Source, Inc Page r of 13 Modified by Compliance Source 14301NC 011111111 It" 12111 "W compiraneaource cum 02000.2011. The Compliance Source, Inc 6631627 i Applicable Law Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed Borrower Is not a parry to the Mortgage Insurance Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements These agreements may require the mortgage insurer to make payments using any source of Ponds that the mortgage insurer may have evadable (which may include funds obtained from Mortgage Insurance premiums) As a result of these agreements, Lender, any purchaser of the Note, another insurer, any remsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive 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 Cantle 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 199E or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assigomont of Miscellaneous Proceeds; Forferture All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair 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 ensure the work has been completed to Lender's satisfaction, provided that such Inspection shall be undertaken promptly Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured 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 sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss In value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shalt 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 sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due 72LCENi :• �? 7 . p'r; FC r- �i 4 North a Deed ofTruftimak Family—Faaue Mxe/Freddr Mae llmkrm Inxiramenl Form 3034 INI Modified MERS Modified pf The Comphance Source, Inc Page 8 of 13 Modified by Compliance Source I4301NC 09100 Rev ILII www comaWacesoam.com 0200a-201 1, The Compliance San,, lac "de; 6631627 RECEIVED DCM WILMINGTON, NC JAN 14 2014 1 j( ' „ �ry � 'I. , r � � .. .. .. ,.. .� .. tr �. .. .,. .. .., � 4� .. � ., 'C �;' I � .�i �., .'I „�, .�. � � � ._ .�r.r" .� .. .� _ .. .. .� .. .., tl .. .- y ., ... � i .. � �i f5 � ._ J RECEIVED DCM WILMINGTON. NC I A N � 4 7')11 If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower falls 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 sums secured by this Security Instrument, whether or nat than duce "9ppoung Party" means the thud party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Seounty Instrument Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2 12. Borrower Not Released; Forbearance By Lender Not a Waiver- Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or m amounts less than the amount than due, shall not be a waiver of or preclude the exercise of any right or remedy 13. Joint and Several Liability, Co-signers; Successors and Assigns Bound Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer") (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms 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 any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender 14 Loan Charges Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limns, then (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted lima, and (b) any sums already collected from Borrower which exceeded permitted limns will be refunded to �iililtr .RECE Borrower Lender may choose to make this refund by reducing the principal owed under the Note or by making a IVE direct payment to Borrower If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note) Borrower's FEi� Q 2 14 acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge t•" C. North Carolina Deed *Must—Suigle Family —Fannie Mae/Fteddm Mac Uniform Instrument Farm 30341Po1 MERS Modifed The Compliance source, Inc Page 9 of ll Modified by Complmnce source 14JOINC OJIM Rev 12111 w complmncevourcecom 01000.201 I, The Compliance Source, Inc 6631627 c ..;: RECEIVED DCM WILMINGTON, NC JAN 14 2014 13. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mad or when actually delivered to Borrower's notice address if sent by other means Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender Borrower shall promptly notify Lender of Borrower's change of address If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure There may be only one designated notice address under this Security Instrument at any onetime Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law, Severabihty, 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 any requirements and limitations of Applicable Law Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision As used in this Security Instrument (a) words of the masculine gender shall 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 any obligation to take any action 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument IS. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent Of which Is the transfer of title by Borrower at a future date to a purchaser If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower 14 Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Properly pursuant to any power of sale contained in this Security Instrument, (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate, or (e) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred, (b) cures any default of any other covenants or agreements, (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender (a) cash, (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity, or (d) Electronic Funds Transfer Upon reinstatement by Borrower, this Noeth Carolmn need orTruai- Smale Family —Fannin Mae/FrMdre Mar Uniform Instrument MERS Modiotd Form 303e Ii01 The Compliance Source, [me Page 10 or 13 Modified by Compliance Source l43OINC OWN Rev 12nI nww comphancemune com C2000-2011, The Complmnce Source, Lie 6631627 RECEIVED FEB 0 7 DC:12 HD 0 RECEIVED DCM WILMINGTON, NC JAN 14 2014 action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and axle. If the default is not cured on or before the date specified in the notice, Leader at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may Invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender Invokes the power of sale, and if it is determined in a hearing held in accordance with Applicable Law that Trustee can proceed to sale, Trustee shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after publication of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, Trustee's fees of 5.000% of the gross sale price; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness evidenced by the Note. 23. Release. Upon payment of all sums secured by this Security Instrument, Lender or Trustee shall cancel this 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 costs Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a thud party for services rendered and the charging of the fee Is permitted underApplicable Law 24. Substitute Trustee. Lender may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Trustee herein and by Applicable Law 25. Attorneys' Fees. Attorneys' fees must be reasonable BY SIGNING UNDER SEAL BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it .c-Arm (Seal) Jaai i Petrillo, Jr -Borrower [Printed Name] A L4VS?lJc/` & (Seal) Donna I. Petrilla -Borrower [Printed Name] (Seal) (Seal) -Borrower -Borrower [Printed Name] [Printed Name) North Carolina ared ofTrust--SingleFamily—Fannie Mae/Freadu Mac Uniform Instrument Form 30341101 MERS Modifled The Compliance Source, Inc Page 12 of 13 Modified by Compliance Source 14301 NC 08i00 Rey 12111 uww complumcewurce corn 02000-2011, The Compliance Source, Inc 6631627 DECEIVED r EB 0 7 r: Y 1 .. ( � � r I` rl r� .. r' �� � � � .. i � �rl r � i . .i .. r � .il...l 11 r. � � t.� r ... v � � _ 1 r. r. ..�( .� i5i:: n. .. � � � � 1. � �,.. _ ..� � ;7n � '.. ,. � .. 'i .. r.a _ r .� _, ... ... � .,., ..... r .. .��, .. .. . .., ,. ,.;f. �.. .n .. r., .. . , ... .. �, :a: � [�.i } ..� . , .. r ..}� r _ .. 1. i' .i „ ... .. _ r r .. �:. I. K' '.....!� r` `... ...� 1 .:.� .gyp: .. i.� ..r. .II! 'p1:1% �,: /�� . r � ' � ���: _ .. .. . � , a . � t ' ` . , '�. r ,.. r ..� S (:, r i.: ..., ..;i �. •�. .�, 'r ,, .. .r ,. -, fir. i � � n- r... .. � � 1'. ,. . t. r i:�. ., r. .., 0; r� lu � i, .. , i � S � � �, r ;�. �, �GG r— �� ,. .. f� t i� i 3 � � � � ( I t a � � : � �� 4 l RECEIVED DCM WILMINGTON, NC JAN 14 2014 ACKNOWLEDGMENT State of N0(ZR (Akww4 § County of W*W— § 1 �ENJ7FMIn1 �• TROZEIIee Mfg/ [�YBLI.. , do hereby certify that James D Petrdla, Jr and Donna L Petrtlla personally appl!ared fo me this day and acknowledged the due execution of the foregoing mctrumont Witness my hand and (where official seal is required by law) official seal this the y� day of Mk" NOTARYPUBM YMka Cmml , NC My CoIImIMM E>Ql w: 03.21.14 (Seal) My Commission Expires RECMWD FEB 0 7 2 North Carolmo Dmd efThM—Bugle Family—Faome MaNFreddw Mae Umform Instrument Form 3034 I101 MERS Modified The Compluaee Source, lag Psgel3oflJ Madirwdby Complmnee Source14301NCO&MRer 12/I1 uwwmmphanreeanra iom 02000.2011. 1 he Comphanre Source, Joe 6631627 I A RECEIVED DCM WILMINGTON, NC JAN 14 2014 Exhibit "A" For Informational purposes only 4 Sunset Avenue, Wrightsville Beach, NC 28480 Being all of Lot 7, of the subdivision of property of Mrs E I Bear according to a map recorded in Map Book 3, Page 54, of the New Hanover County Registry, together with all rights the grantors may have to land between the above described lot and Banks Channel lying between the extended Northerly and Southerly lot Imes Being the Identical property as conveyed to John L Leonard and wife, Elizabeth E Leonard on 3/21/2000, in Book 2721, Page 539, in the New Hanover County Public Registry "No other deeds affecting the vesting of title were found during the search period of 24 months " PIN R06319-005-014-000 4 Sunset Avenue Wrightsville Beach NC 28480 F ��>�; RECEtv&A FEB 0 7 2014 DCM MAD CITY RECEIVED DCM WILMINGTON, NC JAN 14 2014 Loan Number: 6631627 MIN. 100"5500066316278 SECOND HOME RIDER THIS SECOND HOME RIDER Is made this 4th day of March, 2013 , and Is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the `Borrower," whether there are one or more persons undersigned) to secure Borrower's Note to Direct Home Loans, LLC (the "Lender") of the same date and covering the Property described in the Security Instrument (the "Property"), which Is located at 4 Sunset Ave, Wrightsville Beach, NC 28480 (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 8 of the Security Instrument are deleted and are replaced by the following 6. Occupancy. Borrower shall occupy, and shall only use, the Property as 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 faded 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 [Signatures on Following Multabu Second Hann HMer—Single Family —Fannie Mae/Fredda Mae Uniform Imlrumeal Form 3390 INI The Compliance source, Inc Page 1 of 2 141MMU ORM Rev 02M W" compluncerource com 02007, The Compliance Source, Inc 6631627 RECEIVED FEB 0 7 DCM-MiDCITY DCM WILM NIGTON, NC JAN 14U14 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained In this Second Home Rider .rCN� `-� (Seal) (Seal) Je eawa, Jr -Borrower Donna L Petnlla -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] Multistate Second Home Rader —Single Family—Fanum Mae/Fmdd* Mac Umform las[rumeat Form 3g"01101 The Compliance Source, Inc Page 2 of IC%4MI10galp Rev IIM4 w complmncesourcecum U2007, The Compliance Source, Inc 6631627 RECEIVED FEB 0 7 - DCM-%M CITV 0 TAMMY THEUSCH BEASLEY REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET RECEIVED DCM WILMINGTON, NC JAN 14 Z014 WILMINGTON, NC 28401 }lifff fMtN;M;NNyNNfyNyRyfyy;#1ifN11NN11N1f Nf flfff f h;f hfhfyllRf INfNNhNfNN1R1fN1NNi}i;;iNillyy;Nyf Filed For Registration: 03/0412013 03:06:33 PM Book: RE 5716 Page: 2093-2109 Document No.: 2013007717 17 PGS $60.00 Recorder: JOHNSON, CAROLYN State of North Carolina, County of New Hanover PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT. 1tECErvEp *2013007717* °° 2013007717 Daf.MH°cr,, ,, j1 f �� �. ' ��{1 .. �t � i... ... .�' ! � 1