HomeMy WebLinkAbout65-14 Williams, CoryPermit Class, Permit Number
NEW 65-14
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission CO
ermtt
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 Cory M. Williams. 7401 Masonboro Sound Road. Wilmineton. NC 28409
Authorizing development in New Hanover County at adi. Myrtle Grove Sound, 7401 Masonboro
Sound Road_ Wilmington , as requested in the permittee's application dated 4/25114 including the
attached workplan drawings (3). all dated 4/25/14
This permit, issued on July 22, 2f11 d , 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
De suDject to tines, imprisonment or crvu action; or may cause me permit to De nuu ana vota.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other
structures and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part
of this docking facility without permit modification. No non -water dependent uses of structures shall
be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure. Pb RKMVW
(See attached sheets for Additional Conditions) ". CFP 0 !; 7nle
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 further Division approval.
All work must cease when the permit expires on
December 31, 2017
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
DCMNf9DC.'TY
Brat6n C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
3 gnature of Permittee
Cory M. Williams Permit #65-14
Page 2 of 3
ADDITIONAL CONDITIONS
3) -zed project is located within a primary nursery area (PNA). Therefore, in accordance with
A:0 .0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
wi n the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
4) No portion of the authorized docking facility shall extend more than one quarter of the width of the
water body.
5) The permitted floating dock shall be designed in a manner that prevents the structure from resting on the
bottom.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) 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.
8) 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.
9) 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.
10) This permit authorizes (2) two additional formalized boatslips for a total of (4) four formalized boat slips
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) No vegetated wetlands or open water areas shall be excavated or filled, even temporarily, without permit
modification.
Cory M. Williams
Permit #65-14
Page 3 of 3
ADDITIONAL CONDITIONS
13) 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.
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-0518.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-00945, which was issued on 5/27/14.
10 Rremm
SEP 0 5 2014
DCM-MHDCrrY
�R
A
Permit Class
NEW
Permit Number
65-14
STATE OF NORTH CAROLINA ,
Department of Environment and Natural Resources
and
Coastal Resources Commission
emit
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 Cory M. Williams, 7401 Masonboro Sound Road, Wilmington, NC 28409
Authorizing development in New Hanover County at adi. Myrtle Grove Sound, 7401 Masonboro
Sound Road, Wilmington as requested in the permittee's application dated 4/25/14 including the
attached workman drawings (3)all dated 4/25/14
This permit, issued on July 22, 2014 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes the docks, piers, platforms and other
structures and uses located in or over the water that are expressly and specifically set forth in the
permit application. No other structure, whether floating or stationary, shall become a permanent part
of this docking facility without permit modification. No non -water dependent uses of structures shall
be conducted on, in or over public trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharge at the docking facility shall be considered a violation of this
permit for which the permittee is responsible. This prohibition shall be applied and enforced
throughout the entire existence of the permitted structure.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. 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 further Division. approval. .
All work must cease when the permit expires on
December 31, 2017
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of the Coastal Resources Commission.
Br4Kt6n C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature ofPermittee
d
Cory M. Williams Permit #65-14
Page 2 of 3
ADDITIONAL CONDITIONS
3) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
T15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation
within the PNA shall be permitted. New dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
4) No portion of the authorized docking facility shall extend more than one quarter of the width of the
water body.
5) The permitted floating dock shall be designed in a manner that prevents the structure from resting on the
bottom.
6) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable
waters at or adjacent to the authorized work.
7) 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.
8) " 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.
9) 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.
10) This permit authorizes (2) two additional formalized boatslips for a total of (4) four formalized boat slips
in association with this docking facility.
General
i l) 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) No vegetated wetlands or open water areas shall be,excavated or filled, even temporarily, without permit
modification.
r Co M.
Williams Permit #65-14
.� ry
Page 3 of 3
ADDITIONAL CONIDITIONS
13) 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.
14) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at (910) 796-7215 prior to the commencement of any
such activity for this determination. The permittee is further advised that many non -water
_. dependent activities are not authorized within 30 feet of the normal high water level.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under DWR Project
No. 14-0518.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW-2014-00945, which was issued on 5/27/14.
y
ON MP-1
APPLICATION for
Major Development Permit
(last revised 12/27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant! Landowner Information
Business Name Project Name (if applicable)
Applicant 1: First Name MI
Last Name
1lll9m
I
d)
Applicant 2: First Name MI
Last Name
If additional applicants, please attach an additional page(s) with names
listed.
Mailing Address
` 01 AgWdw 5wiltd o
PO Box
City State
b4iki All"I Iuc
ZIP l� Country Phone No.
)(�" wJ4 lqp -GI? -9854 ext
FAX No.
{°q
—
Street Address (it different from above)
City —
State
Email /
CmkJfJ E L° b464W, NL-1-1
2 gent/Contractor Information
Business Name
Agent/ Contractor 7 First Name
MI
Last Name
Agent(Contractor 2. First Name
MI
Last Name
Mailing Address
PO Box
City if
PMA
State
ZIP
Phone No. 1
Phone No. 2 ..
,
'
I f)U -�S6
/ l
Oil' ext.
ext...
FAX No.
Contractor it
i
fL)-a1� 506�
_
—.�
Street Address (if different from above)
City
State ZIP
i
Email
e f l y In sn , caM
lrECBiven -- ---
<Form continues on back> MAY 2 8 ?`'' I RECEIVED
DCM WILMINGTON,
MAY 0 8 2014,
Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
3. P Project Location
County (car be mutt le) Street Address
I i of ow
State Rd, N
Scv�n (lti
xlt� w �sr Anrk
Subdivision Name
nM IVSta1 ZrdL9 q
Z
Phone No
Lot No.(s) (if many, attach additional page with list) I
itp -Gt -6056 ext
--�
! a. In which NC ri� basin is the project located?
b. Name of of water nearest to prosed project
po
� dtr�
c. Is t# water body identified in (b) above, natural or manmade? d. Name the posest Walor water body to the proposed project site.
❑Unknown !�
atural (]Manmade
e. Is P/Jposed work within city limits or planning jurisdiction?
! L If applicable, list the planning jurisdiction or city limit the proposed
IgYes []Nowork
fa is within.
46/1"t I71M NC —
4. Site Description
a. Total length of shoreline on the tract (it.)
I b. Size of entire tract (sq.ft.I
c. size of individual lotsYt O /
7 S X Sa
d. A proa,mate elevation of tract above NNW (normal h gh water) or
N W L (normal water level)
�/�
(If many lot sizes. please attach additional page with a list)
❑NHW or &IWL ! -/�^
V
e. Vegetation on tract
�i✓�r3.SU�L?7
f. Man-made and uses now on tract
features
g. Identify and describe the existing land uses adiacent to the proposed project site.
i
h. How does local govemment zone the tract? i.
Is th roposed project consistent vnth the applicable Zoning'
(Alt ch zoning compliance cenificate, if a icable)
1G1"�d�✓�
Yes �No QNA
j. Is the proposed activity part of an urban waterfront redevelopment proposal?
❑Yes Ng--•---�
k. Has a professional archaeological assessment been done for Me tract? If yes, attach a copy. ❑Yes No QNA
If yes, by whom?
�T
I. Is the proposed project located in a National Registered Historic District or does it involve a (]Yes IONci ❑NA
National Register listed or eligible property?
<Portn continues on next page>
RECEIVED
DCM MHD CITY
MAY 0 8 20141
Major Development Permit
M. (i) five thane wetlands on the site?
Y s ONO
(ii)Are thete coastal wellonds on the slls?
Yes ❑❑/Nc/y
(A) It yes to either p) or (tit) above, has a delineation been conducted'
❑Yes t)dNo
(Attach doctar"Ithon, Y available)
n. Describe existing wastewater teallnent Facilities.
Call 4-- wqL
o. Describe s4stfng nitrating water supply source.
L
p. Dperi6ee'eldsting storm waters management or treatment systems
��`:Irtl-1�1L� ZKrti'F'T
& Activities and impacts
or
b. Crone a brat description of purpose, use, and daily operations of the protect when 4;omplete-
f141t5 /' hlul y �mkmLe ?kx if do &- l l )ly it'
Describe me proposed construction methodology. types of construction equipment to be used dump consuuction, the number of each type
of equipment well where it is to be stored.
jn titClhsi>?MC�1Im frW� f �bRTI►u�6:7MILrJ 411% f/Ir
d. List as developmem activities you prgnse, ,
/Cry/y�JRt.�ti�n pnc� r C�'lST���c� i'1t=rt��9 �rk�rl�ldlFillr
�oc/1 � l>NL�
�%�Uu
e. Are the proposed activities maintenance of an anshng protect. new work. or both?
N&w'"_
1. What Is the approximate twat disturbed land area resulting from the proposed protect?
❑So.FI or ❑Acres
g. Will the proposed protect encroach on any public easement, public accessway w other area Elyell LdNO ❑NA
that the public has established use at?
h. Describe location and type of existing anti proposed discharges to waters of the state.
A ;+ly
I. Will wastewater or stormwater be McIv rged Into a wetand? ❑Yes No
❑NA
if yes, will this discharged water be of the same saluety as the receiving waled ❑Yes CI76
❑NA
j. is there any M11g✓Stlon prpposadl ' - - Yes glilo 'UNA ..
If yes, attach a mltigatbn proposal.
<Form continues on back> RECEIVED
RECEIVED
DCM WILMINGTON, NC
DCM•MHDCITY
Major Development Permit
6. Additional Information
to aditon to this cevrKMefedappdcadon form, (MP-1) me following awns below, d appticeoro. a=r be submthimol fn order for rM eppecaflan
package to be cornealeta. Nams (a) - M ark always appkabre to any reepr dewkpmenr gpOC+ffon. Please eonald the application
Instruction booMet an how to property prepare the is*f9d Mena below.
a. A pro)ed narrative.
b. An accurate. dated work plat (Including plan view and cross -sectional dravnngs) drawn to scale. Please give to present status of the
proposed project. Is any portion already complete? It previously authorized work, Clearly indicate On maps, plats• drawings to distinguish
`bbtwae,rwb•-canplatdvarkrpsaposru.
c A site or location map that is sufficiently detailed 10 guide agency personnel unfamiliar with the area la the site
d. A copy of the dead (with stale application only) or Other m1rument under which the applicant Claims sae to the affected p gnrb"
e The appropriate application fee. Check 0, money order made payable to OENR.
I. A list of the names and Complete addresses of the adjacent waterfront (ripen") landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by tended mad Such andownere must be advised that they have 30 days in
Welch to submit comments an the proposed protect to the Division of Coastal Management.
Phan No. r-C'
Name VA.
Address p1LG7�Gn >,tnil 1tiL Ail �h Ht ZdY�3 l
n/, / / �,) Phonallor.P)- !
Address./UJ�/11%)iGtil�Db %:1JId 1�'• 6VI[Allrt'i%t„h wz�yw
Name Phone No
Address
q A list of previous state or federal permits issued for work on the protect tract Include pemui numbers, permitles. and Issuing dates
h Signed consultant or agent authorization form. If applicabte.
I. weliam delineation. if rlecaasary.
I K mwAO.harard i.�...��..�..�.s..nu.....---. -...
k. A statement of compkwe with the N.C- Environment Policy Act IN C G S 113A 1-10). if necessary 11 the protect involves expenditure
of public funds or use of public lands. attach a statement documenting eolnptanca with the North Carolina Environmental Pphcy Act -
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 permo-
I certify fiat I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforemenlioned lands in connection with evaluating information related to this permit application and follow-up .
monitoring of the projeck
I further certify that the imformation provided in this application is truthful to the best of my knowledge
Date.;)( 11tl �Dl Print Name ji �a l-yjj)
— M
Signature 2w - (AgayI
Please indicate application attachments pertaining to'your proposed project.
ODCM MP-2 Excavation and Fill Information OOCM MP-5 Bodges and Culverts
[ CM MP-3 Upland Development
CM MP-4 Structures Information
RECEIVED
MAY 232014
DCM
NC
DCM-MOCITY ",n' � A ?i MA,
MEMORANDUM
To: Jonathan Howell
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, —Cory
Williams, Wilmington, New Hanover County
Date: July 25, 2014
This project is consistent and not in conflict with the 2006 Wilmington -New Hanover
County Joint Land Use Plan Update.
The applicant proposes to install an additional platform, extend the floating dock and add
a boatlift at the existing docking facility for a total of four (4) slips. The project is
located at 7401 Masonboro Sound Road, adjacent to Masonboro Sound and the AIWW in
Wilmington, New Hanover County.
Areas of Environmental Concern (AFC's) impacted by the proposal are EW and PT.
Waters at the project site are classified as SA-ORW and are not open to the harvesting of
shellfish. The area is a Primary Nursery Area.
I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover
County Joint Land Use Plan and offer the following comments.
The general area of the project is classified as Conservation.
In general, Wilmington -New Hanover County allows development in Conservation
classified AECs, which is consistent with the State's minimum use standards. The 2006
Wilmington -New Hanover County Joint Land Use Plan contains some policies, which
exceed the State's minimum use standards, including dredging policy. However, none of
these standards appear to be applicable to this proposal.
This project is consistent with the 2006 Wilmington -New Hanover County Joint Land
Use Plan.
Cc: File
Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Jant Application for CAMA Major Permit, Form DCM MP-t. Be sire to complete all other sections of the Joint
Application that relate to !his proposed project. Please include ail supp ementat information
9. DOCKING FACILITY/MARINA CHARACTERISTICS
❑This section not applica:
a. to is ine dock,ng raciutyrmanna
/PublziGovemrnent
' the tact .y
be oper, :o the general puhrc''
❑Commercial ❑ivate Goii u t,
❑Yes N:
c (i)Do (s) anc/or p�er(s) ..
:,r Are Finger Piers
mo„deep Jes ❑No
(ii) Num
If yes'.
(ito Length
!n1 Number
(rv) Witltn
Len th
g(v)
F'loa!mg l'es '�%w
(,,1W,d:1,F:oaung
ty,
Q
e. (i) Are Piarorms mcir.neu'r i Yes ONO
Are Sc is m
Yes QNo
!f yes
P yes.
Number
�-
Number
(>)
_
_
{m` Len to (�T
9 l f --
ngtr
ini) LetJT
}
tr.,N�dtn I1UI
.
L.
(vi Fida::ry ❑Ye9 ��ko
Note Rooleo areas are cefcutatetY Iran dnprme Ornien Storrs
^4,.moer ut Slips pr000sec
nvrn�raf 5<<ps ( �+� drwf a
Nprrber of slips etisrng
1 (; qeK :re proposed tybe at sdmg
❑ L.:.' Cc: n0 aC Ee i5 Channel
n water- dredging for basin andlor charnel
Der, water: no Oredg:rg rPhWred
Comer, tease desOrbe
m. (i) Vvol the to My have tie pdings?
❑Yes o
(i) it yes number of he pilirgsl
".'iecr a;l the types of se v'ces :o pe p<o•nred
P.: treroce m:ludiry trave- l-.!: and. or radl repay pr
rra�rt na, ce service
Dockage. `.,el and rranne sIDo:'es
s'Ips"1 on'y. ^r.":Der of 51:ps
_...,ne: Goa:s.s.=.a nuaas, mse:r :yoesj
i ': '�� i ie ( be Cpe.^: :-0:P,C lE'}P.rai p,; S,•C�
es.;`,; rda
RECaval,
DCM WILMINGTON, NC
DCM•MHD Cny
F2. DOCKING FACILITY/MARINA OPERATIONS T_ this section not applicable
a. Check each of the following sanitary facilities that will be mcluded in the proposed project.
❑ Office Toilets
[:]Toilets for patronsNurnbef ___. LccatWr:
Ll Showers
❑ 6oatboltmg lank pt:mpow Gwe type An(! IOCaI;Or.
b. Descrbe:rea:mert type and dsposal dcat!on for nil s.am;ary wastewater
C. Describe ibe Otsoosal of solid wa5e, fish offs: and 1'asn.
How will overboard dlscnarge of sewage from boats be comrolleni
e. III .:L. It,ii. vC,if•G a G Gr- e ) 4iI _l. nayr C. ;:�d'y! .o
. !__,ve Ins iQl. aflon and ML,lrbW n! Pu:r::dui d valor e smcjrs L W 6cshd
DesCnbe Ifle. speClal design �! appllr.atie fOr COn'alRtng tnduslrlat :ywe pot ufar.;s sbcb as pain; sandblasltng wbsle aril petroteum proouc!s
Where will residue frorn :else: malFteha:'43 GP C,S:iG yf;u' JI B
f G e h�9u: nb6:6- tar-19..::3 r.-sand 'l"t >yI J'.r,.;....
liwe the tGcatto, of h,eL{,dndb ny laUhLas ar.. ,es<. Ce'he ..l PSG m.+l, a' e' ,,.9nn.P G "e':: area Waver dudl�.'l.y.
I What will be the mdnha pOP :v cri ovem:ght ar+. f Ys 3G03fd dOCKagC
k. oescflbe design measures cnaf promote boas basin ❑usning r
1f tills protec' s an expanslorn pf an existing mannawnal types of cet,tce: ere GJrl2'Y.!q d:d. eeV
MAY 2 3 2014 RECeNM
DCM WtudTON, NC :
DCM•MHDCffY MAY 0 8 2014
m Is the mannaidockmg faatily proposed wdhm a pnmary or secondary nursery area)
Dyes ONO
n Is the mannaidocAing facility propose) wrthm or adjacent to any shellfish harvesung areal
(]Yes I]NO
o Is the mannatdocktng facility proposed waNn or adjacent to coastal wepandslmarsh (CW) submerged aquatic vegetation (SAV) shalt oultom
IS$). or other wattands (WL)'j If any boxes are checked provide IPe number of square feet aae'led
❑CW ❑SAV
OWL DNona
p Is the proposed mannaldorkmg fae'b.y located votnin or wlm,n close proxrmay l0 any snatlfish leases r ❑ves ONO
If yes, give we name and address of the Iesseholder(s), and give the proximity to the lease
3. BOATHOUSE {+ncmding covered lifts)
a (r) Is Ina boathouse structure(s)
ClCommetcral [jPubbcrGovernmem OPr,valelCommuntty
r.)Numtw
(.-y Lergtn
tw)Mein
Tms section not applicab,
Nor± RrWed areas are=alcutaidd han d„p,ne dunensmns
4. GROIN (e g wood, sheerpde, eIc t/ d ioCk gran, use MP-2. E tcavaften and fill) This season not applicabr
a yy Numte: —,_-
10; Lengin
Inn WidIA --- A
5. BREAKWATER (e g wow ssheetptte etc; ,
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a.. Proximity of structure(s) to adjacent dpanan property tines
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CAPT. ED FLYNN DURWOOD SYKES
Piers, Floating Docks, Pilings, Bulkheads,
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P.O. Box 868 Phone/Fax: (910) 256.3062
Wrightsville Beach, NC 28480 email: efly@msn.com
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P.O. Box 868 Phone/Fax: (910) 2563062
Wrightsville Beach, NC 28480 email: e"msn.com
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SURVEY
rj
EXCLUSIVELY FOR
CORY M. WILLIAMS
ANNE C. WILLIAMS
7401 MASONBORO SOUND RD.
LOT iR FREDERICK GRAHAM DIVISION (REV)
\\91,
CITY OF WILMINGTON
4 9A NEW HANOVER COUNTY, NORTH CAROUNA
MARCH 30, 2012
�\
MAP BOOK 27 PAGE 87
DEED BOOK 5605 PAGE 636
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IMCDENR
North Carolina Department of Environment and Natural Resources.
Pat McCrory John E. Skvarla, III
Governor Secretary
July 23, 2014
Cory M. Williams ,
7401 Masonboro Sound Rd.
Wilmington, N.C. 28409
Dear Sir or Madam:
The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the
State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by
you and it must be available on site when the project is inspected for compliance. Please sign both the original and the
copy and return the copy to this office in the enclosed envelope. Signing the permit and proceeding means you have
waived your right of appeal described below..
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A-121.1 or
113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150B with the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days
of this decision on your permit. You should also be aware that 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.
Enclosure
Sincerely,
�`A
v .,. V; �1
�
Douglas V. Huggett
Major Permits and Consistency Manager
400 Commerce Avenue, Morehead City, North Carolina 28557
Phone: 252-808-28081 FAX 252-247.33301 Internet: www.nccoastalmanagem6nt.net
An Equal Opportunity 1 Affirmative Action Employer
IDCM
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MAILING DISTRIBUTION SHEET
IDCM Field Offices
Elizabeth City
Morehead City �f
Washington S S
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US ACOE Offices:
(with revised work plan drawings)
Washington: Raleigh Bland
Wilmington: RjTa Smi
Cultural Resources: Renee Gledhill -Early or (e nmental.review@ncdcr.gov)
Public Water Supply: lane 1 '�
Joey u e AR0)
NC DOT: Ken Pace
Shellfish Sanitation: VW
State Property: alton,_
Water Resources: wren Higgins (Raleighy
Washington: Anthony Scarborough
Wilmington: Joanne Steenhuis — 401
ad Coburn -
Linda Lewis - tormwater
Wildlife Resources: ari (W
LPO:
Fax Distribution: Permitee #:
Agent #:
A
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Cory Williams c/o Ed FLynn
2. LOCATION OF PROJECT SITE: Site is located at 7401 Masonboro Sound Road adjacent to
Masonboro Sound/AIWW, in Wilmington, New Hanover County.
Photo Index — 2006: 22-7421 ML-11 2000: 22-270 L-13 1995: 22-252 L-19
State Plane Coordinates - X: 2349274 Y: 157478 GPS —N 051410A (uncorrected)
Lat:34°10'37.56"N Long:77°50'43.05"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/14/14
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received — May 8, 2014
Office — Wilmington
6. SITE DESCRIPTION: RECEIVED
(A) Local Land Use Plan— New Hanover County IV
Land Classification From LUP — Resource Protection
(B) AEC(s) Involved: PT, EW MAY 2 3 2014
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing- Municipal sewer DCM-MHDCITY
Planned- N/A
(F) Type of Structures: Existing- Single family residence with private pier, floating dock and boat
lift
Planned- Install new platform, extend floating dock and add boatlift
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (§404)
Non -Vegetated Wetlands (Open
Water)
496
ated)
(incorporated)
(C) Other - Highground disturbance
(D) Total Area Disturbed: 496 square feet (.01 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Closed
8. PROJECT SUMMARY: The applicant proposes to install an additional platform, extend the floating
dock and add a boat lift at the existing docking facility for a total of four (4) slips.
gory Williams
Page 2
9. PROJECT DESCRIPTION
The project site (property) is located at 7401 Masonboro Sound Road which is adjacent to Masonboro
Sound/AIWW, in Wilmington, New Hanover County. To locate the property from Market Street travel south on
College Road (NC Hwy 132) and turn left on Holly Tree and then turn right on Pine Grove Road. Travel for
approximately 2.4 miles and turn left on Masonboro Sound Road. The destination will be down an unmarked
shared driveway on the left hand side of the road (before you pass Orchard Trace Road). Turn left onto the
driveway and veer to the far left to reach the subject property.
Existing structures on the project site include a single family residence and private docking facility. The project
site is approximately 1.87 acres and is vegetated primarily with domestic grasses with Oak and Pine Trees on
the property borders. The project site has approximately 104 ft. of shoreline frontage along Masonboro Sound
that transitions into a 67 ft. wide span of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina
a/temiflora). It is located on an embayment off of the AIWW, which is approximately 1,500 ft. landward of the
USACE 80 ft. Federal Channel Setback.
The existing docking facility consists of an existing 6 ft. wide by 133 ft. long access pier which terminates onto
a L-shaped platform measuring 10 ft. in width by 14 ft. in length. An access ramp extends waterward from the
platform to a floating dock measuring 8 ft. in width by 16 ft. in length. There is an existing boatlift on the
northeast side of the floating dock measuring approximately 14 ft. in width by 14 ft. in length. The current
docking facility accommodates up to two (2) vessels (See sheet 1 of 3). The previous property owner (Graham)
obtained General Permit No. 20462D in 1999 authorizing reconstruction of an existing private pier due to
Hurricane Bonnie. This permit authorized the existing pier, platform, floating dock and boatlift.
The New Hanover County Land Use Plan classifies the adjacent waters as Conservation and the adjacent high
ground portion as Developed. The waters of Masonboro Sound are classified as SA-ORW, by the NC Division
of Water Resources. These waters are designated as PNA by the NC Division of Marine Fisheries and are
CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to install an additional platform, extend the floating dock and add a boat lift at the
existing docking facility for a total of four (4) slips. According to the application, a T-head platform will be
installed on the northeast side of the existing platform measuring 10 ft. in width by 14 ft. in length. The
applicant states that a floating dock, measuring 8 ft. in with by 20 ft. in length, would be installed at the end of
the existing floating dock and a boatlift, measuring approximately 14 ft. in width by 14 ft. in length would be
installed on the southwest side of the existing floating dock. There are currently two pilings in this location that
will be removed according to the contractor. The proposed docking facility expansion would provide docking
space for up to four (4) vessels within existing water depths ranging from approximately -1.7' to -2.0' at normal
low water (NLW) (See sheets 1 through 2 of 3).
10. ANTICIPATED IMPACTS
The proposed docking facility expansion would incorporate approximately 496 sq. ft. of Estuarine Waters and
Public Trust Area. As proposed the new floating dock would extend approximately 175 ft. into Masonboro
Sound/AIWW, which measures approximately 1,300 ft. across. The distance appears to conform to the 1/4
width rule and the established pier lengths within the man-made channel. The proposed structures would not
encroach into either adjacent 15' Riparian Corridor Setback Area and would not encroach into the USACE
AIWW 80 ft. setback.
Submitted by: Tara MacPherson Date: May 19, 2014 Office: WilmingtCB
MAY 2 3 2014
a
DCM•MliD CTTY
DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
1) APPLICANT: Cory Williams COUNTY: New Hanover
PROJECT NAME: Williams Dock Expansion Project
LOCATION OF PROJECT: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound and the AIWW in Wilm.
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-8-14
FIELD RECOMMENDATION: Attached: YES
CONSISTENCY DETERMINATION: Attached: n/a
FIELD REPRESENTATIVE: MacPherson
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
PUBLIC NOTICE RECD: 5-23-14
ADJ. RIP. PROP NOTICES RECD:
APPLICATION ASSIGNED TO:
C) 75 DAY DEADLINE:
MAIL OUT DATE: 5-20-14144
FEDERAL DUE DATE:
PERMIT FINAL ACTION: ISSUE DENY.
To Be Forwarded: n/a
To Be Forwarded: n/a
DISTRICT OFFICE: WILMINGTON
FEE RECD: $250
END OF NOTICE DATE: 6-13-14
DEED RE 'D: n/a
ON:
150 DAY DEADLINE:
STATE DUE DATE: 6-13-14
FED COMMENTS RECD:
V®
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
Coastal Management - Regional Representative
- .7- 1- 1 Y
,/
CED
Coastal Management - LUP Consistency
Division of Community Assistance
f--23-it
,/
MAY 2 3 2014
Land Quality Section (DEMLR)
Division of Water Resources (401)
s �7'/�/
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Storm Water Management (DEMLR)
State Property Office
6 tt• It`
Division of Archives & History
6 r-1 H
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Division of Environmental Health
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Division of Highways
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Wildlife Resources Commission
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Division of Marine Fisheries / DCM
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Corps of Engineers
r 71 -1t1
RECOMMENDATIONS FOR Cory Williams May 19, 2014
The total square footage of platform and docks was calculated as follows:
Shoreline length = 104 ft. x 8 = 832 sq. ft. allowable.
Platform = 10 ft. x 14 ft. = 140 sq. ft. (existing)
Floating dock = 8 ft. x 16 ft. = 128 sq. ft. (existing)
Boatlift = 14 ft. by 14 ft. = 196 sq. ft. (existing/incorporated)
Proposed platform = 10 ft. x 14 ft. = 140 sq. ft.
Proposed Floating dock = 8 ft. x 20 ft. = 160 sq. ft.
Proposed boatlift = 14 ft. by 14 ft. = 196 sq. ft. (incorporated)
Total = 568 sq. tt
The reconfiguration would continue to 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 and the eight square foot rule. The proposed structures would be located entirely over open
water. Provided 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. The authorized structure and associated activity must not cause an unacceptable interference
with navigation and shall not exceed the established pier line and 1/4 width of the water body.
3. 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.
4. The authorized structure and associated activity must not cause an unacceptable interference with
navigation and shall not exceed the established pier head line.
5. 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.
6. In order to protect water quality, runoff from the construction must not visibly increase the amount of
suspended sediments in adjacent waters.
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.
RECEIVED
MAY 232014
D M-MFDCITY
9. This permit authorizes a maximum of four (4) boat slips. At no time shall more than three (3) 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.
10. This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorization which may be required.
11. The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within
the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not
authorized.
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.
rMA
RECEnTD
Y 2 3 2014
DCM•MHD CITY
A4-�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 20,2014 RECEIVED
Division of Coastal Management MAY 2 2 2014
MEMORANDUM:
DOA
TO: Tim Walton STATE PROPERTY
Dept of Administration OFFICE
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
when appropriate, in-depth comments with supporting data is requested.
REPLY:gency has no objection to the project as proposed.
till `4' Tin's
his agency has no comment on the proposed project.
�,5`i` I S This agency approves of the project only if the recommended changes are
L�) incorporated. See attached.
- This agency objects to the project for reasons described in the attached comments.
SIGNED DATE
RECEIVED
JUN 1 1 ?n±4
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910.796-7215 \ FAX: 910-395.3964 Internet: www ricca
An Equal Oppodunity 1 Afliimative Action Employer
AMA
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 19, 2014
Dr. Cory Williams
7401 Masonboro Sound Road
Wilmington, NC 28409
Subject: EXEMPTION
Stormwater Project No. SW8140522
Cory Williams Docking Facility Expansion
New Hanover County
Dear Dr. Williams:
John E. Skvarla, III
Secretary
The Wilmington Regional Office of the Division of Energy, Mineral, and Land Resources received a copy of the
CAMA Major Permit Application for the subject project on May 20, 2014. Staff review of the plans and specifications
has determined that the development activities proposed at this time will not pose a threat to surface water quality
from stormwater runoff. The Director has determined that projects that are reviewed and approved by the Division as
not posing a water quality threat from stormwater runoff should not be subject to the stormwater management
permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that
this project will not require a stormwater management permit.
If the subject project disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also
subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You
are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary
built -upon area associated with the construction of the project must be removed within 30 days of completion of the
project, or when it is no longer needed, whichever occurs first.
If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910)
796-7215, or e-mail her at Iinda.lewis(Driodenr.gov.
Sin rely,
or TracyX
vis, P.E., Director
Division of Energy, Mineral, and Land Resources
GDS/arl: G:IWQIShared1Stormwater1Permits & Projects120141140522 Exempfion12014 06 permit 140522
cc: Ed Flynn; F&S Marine Contractors, Inc.
Jonathan Howell/DCM RECEIVED
Tara MacPherson/Shaun Simpson-DCM WIRO
Wilmington Regional Office Stormwater File
JUN 2 6 2014
DCM-MAD CITY
Division of Energy, Mineral, and Land Resources
Land Quality Section - Wilmington Regional Office
127 Cardinal Drive Extension, Wilmington, North Carolina 28405 • (910) 796-72151 Fax: (910) 350-2004
An Equal Opportunity 1 Affirmative Action Employer • 30% Post Consumer Paper • Internet: htto://Dortal.nedenr.om&vebAd
AN •f
NCD NR
North -Carolina Department of Environment and Natural
Pat McCrory
Govemor
1 G p .0 i a 4 yr t
LJ
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ounces - Jonri�s rla, m
Secretary
May 20, 2014 t-
i U 4
Division of Coastal Management (t�p�ti�
MEMORANDUM. �t ruf
TO: Renee Gledhill -Early
Dept. of Cultural Resources
Archives & History G�ralt t
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound IAIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
Please indicate below your agency's positionor viewpoint on .the proposed project and
return this form to Jonathan Nowell at the address,above by June 13, 2014. If you have
any questions. regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
when appropriate, in-depth comments with supporting data is requested. _
REPLY: This agency has no objection to the project as proposed.
i-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.
en A SIGNED DATE 6 - S - l7
t 27'Gardhal Nve &L, WiOngton, NC 28405
Phone:91a796•72151 FAX: 91M95.3464lnlemat: wnanccaastaimanaaement.net
M E44 C'+onr u Itiafiarm ate kt00 Emp:apei
MAY 2 7 2014
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Georgette Scott
Stormwater Section
DEMLR - WiRO
John E. Skvarla, III
Secretary
EGEiVE
I MAY 2 0 2014
BY:
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
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.
SIGNE DATE 7,D /y
:. RECMVFD
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151FAX: 910-395-3964Internet: wwwmcoastalmanagement.n at JUN 112014
An Equal Opportunity 1 Affirmative Adon Empoyer
bcmw-3nc"y
North Carolina
Pat McCrory
Governor
Mr. Cory M. Williams
7401 Masonboro Sound Road
Wilmington NC 28409
EWA
U EE R
Department of Environment and Natural Resources
May 27, 2014
John E. Skvada, III
Secretary
DWQ Project # 14-0518
New Hanover County
Subject Property: 7401 Masonboro Sound Road — Wilmington
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Williams,
You have our approval, in accordance with the attached conditions to expand an existing private docking
facility as described in your application received by the N.C. Division of Water Resources (DWR) on
May 23, 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
http://i)ortaLncdenr.orgLweb/wg/swp/ws/401/CertsandpLnm This Certification allows you to use the
Regional General #197800056 Permit when issued by the US Army Corps of Engineers.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
f" RECEIVER
1601 Mail Service Center, Raleigh, North Carolina 27699-1601
Phone: 919-707-86001 Internet: www.ncdenr.gov U IIIN 11 1 24
An Equal Opportunity I Affim�adve Action Employer - Made in part by recycled paper `�
DCM-MMcny
2
Cory williams
New Hanova Coonry
2014-0518
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,
w� a^�
Chad Coburn
Senior Environmental Specialist
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC3883
Certificate of Completion
cc: Ed Flynn — F & S Marine Contractors, Inc., P.O. Box 868 Wrightsville Beach, NC 28480
Ronnie Smith — USACE Wilmington Field Office
Robb Mairs — DCM Wilmington
Jonathan Howell — DCM Morehead City
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
Certification of Completion
DWR Project No.: County:
Applicant:
Project Name:
Date of Issuance of Wetland Permit:
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:
I hereby state that, to the best of my abilities, due care and diligence was
used in the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications,
and other supporting materials.
Signature:
Date:
If this project was designed by a Certified Professional
1, , as a duly registered Professional (i.e., Engineer,
Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically,
weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care
and diligence was used in the observation of the construction such that the construction was observed to be built within
substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature: Registration No. Date
RECEMM
JUN 11 2nl4
DCM-MHDCITY
TO:
FROM:
SUBJECT:
Applicant
cRo/Y-a5_ g
Q'a`a�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Division of Coastal Management
MEMORANDUM: / '
-Jeanne-Steerthuis
401 Wetlands
DWR - Wilmington
UCENED
JUN 112014
DCK-btHDCYPY
C _.
John E. Skvarla, III
Secretary
ECEIVE
' MAY 2 0 2014
BY:
Jonathan Howell, NC DENR-DCM Assistant Major Permits Coordinator
400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09)
CAMA Major Permit Application Review
Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
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.
_g P agency objects to the project for reasons described in the attached comments.
SIGNED (\e DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastaimanagement.net
An Equal Opportunity \ Af mabve Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Shannon Jenkins
NH DEH
Shellfish Sanitation Section
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
when appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
�/
[1 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 Tl 14
JUN 4 5 2014
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-7215\ FAX: 910.395.3964Internet: www.nocoastalmanacement. net Elan-m Dc"
An Equal Oppodunily \ Affirmative Action Employer
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Jessi Baker
Fisheries Resource Specialist
Division of Coastal Management
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
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 Oj� DATE L I � li�
rmm 2 3 2014
127 Cardinal Ddve U., Wilmington, NC 28405 ,v
Phone: 910.796.7215 \ FAX: 910-395.3964 Intemet: www.nocoastalmanauement.net Dm-M1iD(, w
An Equal Opportunity \ Affirmative Acl m Employer
crr►.eL-C f o
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
May 20, 2014
Division of Coastal Management I�ECFIy �fll 4 2014
MEMORANDUM:
TO: Patricia Roberts LPO JUN 0 9 2014
New Hanover County
DCM MHD 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: Cory Williams I
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Soil / nn\AVA1 :_ Wilm.
Proposed Project: to expand an existrtlg R` for a total of 4 slips J L
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 4pne 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
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. V- —A A
This agency oboe is to the pr9ject for reasons described in the attached c
SIGNED DATE �U(12-�
� ^ t � � 1 L �C�t � A 1�oc p
RESt D�r1AL � K, tER lAvnc�l��j -Fot
5u�PoP`�i✓Q Oa rIC•A�f+V`{� 'FoiZ �rZes;ci�Q.v��ral �Se only� liwiiitP-ID
i 127 Cardinal Drive Ext., Wilmington, NC 28405 YY IN 01. 10-F ow Il v'
fYl.2-1'1'1. �� $ 0 f yPhone. 910-796-72151 FAX: 910-395-3964Internet: wwmirccoastalm aaoementmeet
or `f1(S 44 r) a,><- 1Anv e)on Equal Opportunity\Affirmative Action Employer lliuf/o AJOT
_M FF 0SEV USE.
7-A
'Ek:�
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
'f't-os.z9.o3
May 20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Maria Dunn
NCWRC
WaRO / WiRO
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
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 I , I DATE 6-6o- l'f
tihti�0y
ti pCMIA�Yci2014
RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 cN RECEIVED
Phone: 910-796-7215 \ FAX: 910-395-3964Internet: www.nccoastalmanagement.net
CONWVMA
JUN U 9 2014 AnE Equal
q Oppotlunityl Affirmative Action Employer 6'ln
DCM-MHDCffy
AWNI,,11
NCDENR
North Carolina Department of Environment and Natural
Pat McCrory
Governor
May 20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Heidi Cox
Environmental Engineer
Public Water Supply
MAY 10 2014
BY.•
Resource-
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
when appropriate, in-depth comments with supporting data is requested.
REPLY: )L This agency has no objection to the project as proposed.
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes are
incorporated. See attached.
I , • This agency objects to the project for reasons deos-�cribed in the attached comments.
SIGNED" CT(.f . � DATE �-� lE-201
ii.EGEIygp
127 Cardinal Drive Ext., Wilmington, INC 28405 ' Phone: 910.796.7215\ FAX: 910-3963ww. 964Internet:wnccoastalmanaoemenI' I
t.t�tjN 02 2014
An Equal opportunity 1 Afl mative Action Employer
nrslRres 3
,A'�,t� MAY 2 3 2014
NCDENR RECEIVED
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Anthony Law
NC DOT
New Hanover County
John E. Skvarla, III
Secretary
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
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 /`' �_ Q �— DATE �/'2.7 //
:RECEIVED
MAY 2 9 2014
127 Cardinal Drive Ext., Wilmington, INC 28405
Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.necoastalmanagement.net DCM-MHDC"
An Equal opportunity \ Aflirmalive Action Employer
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Cory Williams c/o Ed FLynn
2. LOCATION OF PROJECT SITE: Site is located at 7401 Masonboro Sound Road adjacent to
Masonboro Sound/AIWW, in Wilmington, New Hanover County.
Photo Index —2006: 22-7421 ML-11 2000: 22-270 L-13 1995: 22-252 L-19
State Plane Coordinates - X: 2349274 Y: 157478 GP S —N 051410A (uncorrected)
Lat:34010'37.56"N Long:77°50'43.05"W
3. INVESTIGATION TYPE: CAMA
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/14/14
Was Applicant Present - Yes
5. PROCESSING PROCEDURE: Application Received — May 8, 2014
Office —Wilmington
6. SITE DESCRIPTION
(A) Local Land Use Plan— New Hanover County jp.. RECERTD
Land Classification From LUP — Resource Protection
(B) AEC(s) Involved: PT, EW MAY 2 9 2014
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing- Municipal sewer ncm-mfmcny
Planned- N/A
(F) Type of Structures: Existing- Single family residence with private pier, floating dock and boat
lift
Planned- Install new platform, extend floating dock and add boatlift
(G) Estimated Annual Rate of Erosion: N/A
7. HABITAT DESCRIPTION: [AREA)
DREDGED FILLED OTHER
(A) Vegetated Wetlands (§404)
Non -Vegetated Wetlands (Open
496 sp.
Water)
(incorporated)
(C) Other - Highground disturbance
(D) Total Area Disturbed: 496 square feet (.01 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Closed
8. PROJECT SUMMARY: The applicant proposes to install an additional platform, extend the floating
dock and add a boat lift at the existing docking facility for a total of four (4) slips.
Cory Williams
Page 2
PROJECT DESCRIPTION
The project site (property) is located at 7401 Masonboro Sound Road which is adjacent to Masonboro
Sound/AIWW, in Wilmington, New Hanover County. To locate the property from Market Street travel south on
College Road (NC Hwy 132) and turn left on Holly Tree and then turn right on Pine Grove Road. Travel for
approximately 2.4 miles and turn left on Masonboro Sound Road. The destination will be down an unmarked
shared driveway on the left hand side of the road (before you pass Orchard Trace Road). Turn left onto the
driveway and veer to the far left to reach the subject property.
Existing structures on the project site include a single family residence and private docking facility. The project
site is approximately 1.87 acres and is vegetated primarily with domestic grasses with Oak and Pine Trees on
the property borders. The project site has approximately 104 ft. of shoreline frontage along Masonboro Sound
that transitions into a 67 ft. wide span of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina
alterniflora). It is located on an embayment off of the AIWW, which is approximately 1,500 ft. landward of the
USACE 80 ft. Federal Channel Setback.
The existing docking facility consists of an existing 6 ft. wide by 133 ft. long access pier which terminates onto
a L-shaped platform measuring 10 ft. in width by 14 ft. in length. An access ramp extends waterward from the
platform to a floating dock measuring 8 ft. in width by 16 ft. in length. There is an existing boatlift on the
northeast side of the floating dock measuring approximately 14 ft. in width by 14 ft. in length. The current
docking facility accommodates up to two (2) vessels (See sheet 1 of 3). The previous property owner (Graham)
obtained General Permit No. 20462D in 1999 authorizing reconstruction of an existing private pier due to
Hurricane, Bonnie. This permit authorized the existing pier, platform, floating dock and boatlift.
The New Hanover County Land Use Plan classifies the adjacent waters as Conservation and the adjacent high
ground portion as Developed. The waters of Masonboro Sound are classified as SA-ORW, by the NC Division
of Water Resources. These waters are designated as PNA by the NC Division of Marine Fisheries and are
CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to install an additional platform, extend the floating dock and add a boat lift at the
existing docking facility for a total of four (4) slips. According to the application, a T-head platform will be
installed on the northeast side of the existing platform measuring 10 ft. in width by 14 ft. in length. The
applicant states that a floating dock, measuring 8 ft. in with by 20 ft. in length, would be installed at the end of
the existing floating dock and a boatlift, measuring .approximately 14 ft. in width by 14 ft. in length would be
installed on the southwest side of the existing floating dock. There are currently two pilings in this location that
will be removed according to the contractor. The proposed docking facility expansion would provide docking
space for up to four (4) vessels within existing water depths ranging from approximately -1.7' to -2.0' at normal
low water (NLW) (See sheets 1 through 2 of 3).
10. ANTICIPATED IMPACTS
The proposed docking facility expansion would incorporate approximately 496 sq. ft. of Estuarine Waters and
Public Trust Area. As proposed the new floating dock would extend approximately 175 ft. into Masonboro
Sound/AIWW, which measures approximately 1,300 ft. across. The distance appears to conform to the 1/4
width rule and the established pier lengths within the man-made channel. The proposed structures would not
encroach into either adjacent 15' Riparian Corridor Setback Area and would not encroach into the USACE
AIWW 80 ft. setback.
Submitted by: Tara MacPherson Date: May 19, 2014 Office: Wilmington
F 4 S Marine Contractors, Inc.
P, O Box 868 Capt. Ed Flynn
Wrightsville Beach, N.C. 28480 Durwood Sykes
Phone/Fax 910-256-3062
25 April2014
NCDENR
Wilmington, N.C.
email: efly@msn. com
The enclosed CAMA Major Permit application for Dr. Cory Williams, 7401
Masonboro Sound Rd„ Wilmington, N.C. 28409, is to add a 105(14' deck at
the waterward end of the existing fixed pier, add an 8k20' floating dock
and install a boatlift at the existing dock. The proposed addition will make a
total of four boatslips
The existing dock facility and proposed additions are for the applicants'
family use.
- RECEIVED
MAY 2 9 2014
DCM-Mo CITY
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs RECEIVED
DCM WILMINGTON, NC
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DCM MP-1
AFFUCATiON for -,-
Major Development Permit
(lastrevl"d i2i27106)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant! Landowner Information
Business Name
Project Name lit applicable)
Applicant 1: First Name MI
Last Name
Applicant 2: First Name
MI
last Name
If additional applicants, please attach an additional page(s) with names
listed.
Mailing Address (�
PO Box C/ity,
State
ZIP - Country Phone No, FAX No.
f3Y'�� u5 R� -(' G9s6 ext
Street Address (it different from above) City �— State — ZIP
4Email —
t - - m �J cl cis
I- ---.._
E2. Agent/Contractor Information
�-Bu—smess Name
DCM MD Cra
Agentt Contractor 1: First Name
MI
Last Name
--
a
Agent/ Contractor 2. First Name
MI I
Last Name
Mailing Address
POBoxCity
/
State
ZIP
Phone No, 11]
Phone No. 2
?....
ext. _
_ — ext.
FAX No.
Contractor #
Street Address (it different from above)
City
State I DP
Email
G nt s�, cvM
<Form continues on back> RECEIVED
DCM WILMINGTON, �
3 8 7Q14,
Form DCM MP-t (Page 2 of 4)
APPLICATION for
Major Development Permit
13. Project Location
County (can be multi le) Street Address State Rd. ft
M#3MVQ 5v11110 Pal
_
Subdivision Name
City State j Zip
//ilnt,strii�pl�
1 Phone No.
Lot No.(sI (f many, attach. additional page with fist)
/j ``�� `//
J �+'? - l� tf 2 - (9 CJ J C7 ext.
I I
i a. In which NC river basinis the project located?
C/ IZZ
b. Name of body of water nearest to proposed project
c. Is ta water body identified in (b) above, natural or manmade?
i Natural OMarmade (]Unknown
d. Name the closest ajor water body to the proposed project site.
,��A.t 021 �-' n
e. Is p posed work within city limits or planning
judsdiNien?
t. !f applicahle, list the planning jurisdiaiion or city limit the proposed 1
falls within.
es ❑No
J /work
1 G J
4. Site Description
a. Total shoreline on the tract (ft.)
� b. Size of entire tractt'(7s^^4.f1.)
plength
�(ooff
V lJ5 /
T 65 le, FT, _
c. Size or individual lot(s1�'j�` / I d. A proximate elevation of tract above NHW (normal high water) or
�t� NWL(normal water level)
1 � / -/�� !/
dNWL
I
(If many lot sizes, please attach additional page with a list) ❑NHW or I CJ"1
e, Vegetation an tract
1 %�3ti 7?C�
f. Man-made features and uses now on tract
g. Identify and describe the existing land uses achacent to the proposed project site.
,2L:.•` o rji/
h. How does local government zone the tract?
I. Is lh roposed project consistent with the appikable zoning?
� �4 k'�•�
(Art ch zoning compliance certificate, it alp licable)
Yes ❑No ]NA 1
—T--1
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes N
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes VNo QNA
If yes, by wham?-
IfT
I. the proposed project totaled in a National Registered Historic District or does it involve a Yes ❑ No ❑NA
Register fisted or eligible property?
<Form continues on next page>
dAY 0 } Z014I
Major Development Permit
M. () Are time wetlands on the site? vy s ONo
(u) Are there coastal wellarids an the slim? A�Yes ONNGG
(18) if yes to either p) or (h) above, has a dalineatlon been conducted? ❑Yes { o
(Attach dxuraaotatial, # available)
n. Desce" existing wastewater treatment facilities.
(61, 1� )C1VLOL
it. Describe skating drinking water supply source,
jl:�v)
p. Dgycti& modeling storm ureter management or treatment systems
1C{rST i�lt� �t�r1C('1'
S. Activities and Impacts
or
b. Cave a brief description of purpose, use. and daily operations of the project When Complete-
G i N)l y t>�iUa�+ti �ic�c Jllkj)M�}iy usL�
Describe the proposed censtrucbon methodology. types of construo,on equipment to be "ad during consuuctw. the number of each type
of equipment are where it is to be stored.
iMn L� hs7rc2►Em y fltrf/aRTiror n e : r;
d. List as development activities you propose.
vu lv J)e1q Jitvrt) Vim r t--i p FY':v JA, �rx�o r�1L� %Ja�lt mt� /AtL�
a. Are the proposed activities maintenance of an exdsung project, new work. or both? `
k'j ItiW
I. What is the approximate total disturbed land area resulting from the proposed protect? OSc.Ft or OAcres
_. b `
g. Will the proposed project encroach on any public easement. public accessway or other area OYea UNO ONA
that the public has established use at?
h. Describe location and "a of existing and proposed discharges to waters of the state.
nhle
1. Will wastewater or stormweter be discharged Into a wegand? DYes No ONA
If yes. "It that discharged water be of the spree satuaty as the receiving water? Oyes C14 ONA
j. is "is imy" 11144tion proposed? .. .. Yes MNor 'UNA• . .
If yes, attach a mitigation proposal.
RECEW D
<Form continues on back>
MAY 292014
RECEIVED
ACM-MFii)1Q1 WILMINGTON, N(
Major Development Permit
6. Additional Information
In addition roues edrlmpletodopdfeauon larrrr, (nfP-1J tiro slowing trams below, u pppticaata, must he suamrned m order rot me eppricarion
POCIM a to Its 01110rp7ata. ffdms (e) - (9 env &Ways applicable to any rnajwdevelopment appesauon. Please eonsuu time application
instruction boulder an how to P rApedy prapars the raoWmd hems botow.
a. A project narrative.
b. An accurate. dated work plat (including plan view and cross-seWional dritungs) drawn to scale. Please give the (resent status of the
proposed project. Is any portion already complete? It pruvrously iuthoozed work, cloudy indicate an maps, plats, drawings to distinguish
`ubteearadra-camMeNhrarkrprcposdu.
e. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the sue.
d. A copy of the deed (with state application only) or other Instrument under which the appileant claims tine to the affected properties
e. The apptapdate application fee. Check or money order made payable to OENR.
L A list of the names and complete addresses of the adjacent waterfront (dpanan) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by candied mad Such landowners must be advised that they have 30 days In
which to submit comments of the proposed project to Ilia Division of Coastal Management. ) f1/�
Name Pit. Kr0, &V5 Phone NM?1D-7 .1-o t1
Address DL �/ --4 ,0Ve' aeG
Name rilri. ��,,�� /[ )/
Address r1Q lql ii ebl�BF,p ,� Jdiiiw`• Ldld riltrt J1M Nczdra !/
Name I Phone No
Address
g A list or previous stale or federal permits issued for work an the project tract tnctude permit numbers, permmtee, and issuing dates
h Signed consWtant or agent authorization form, if applicable.
,. Welland delineation. it necessary.
. r ,.ARnnnrrl aFf: hnxanl rnnrOnr Nejarte,n waanhMi arsiu'1e:e-obi-.(Al �..._.....�,- __..-... ... .
it. A statement of compliance with nie N.C- Environmental Policy AU INC G S. 113A 1.10). if necessary if the protect mvotvas expenditure
. of public funds or use of oubkc lands, attach a statemerildocumenung C(tmpeance with the North Carolina Environmental Poky ACL
I understand that any permit issued in response to this application win avow only the aevetopmum uescrruov ,,, a,a avr„a..,,.. ••
The project will be subject to the conditions and restrictions contained in the permit.
t certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to
enter an the aforementioned lands in connection with evaluating information related to this permit application and follow-up .
monitddng�of the projetit
I further certify that the information provided in this application is truthful to the best of my knowledge
Daled,uk" �D)y Print Noma L ��
Signature &*: t'JK4 T
pfaasa truncate application atlachmends pertaining tt{your proptlsad tlfoject.
ODCM MP-2 Excavation and Fill Information ODCM MP-5 Bridges and Culverts
9 CM MP-3 Upland Development
CM MP-4 Structures Information
ED
DCM WILMINGTON, NC
MAY 0 R 2014'
Forma ®CM MP-4
0111"UCTURES
(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 ad supplemental information.
1. DOCKING FACILITYIMARINA CHARACTERISTICS
❑This section not apptica.
a. (i) Is the docking facih.ylmarina / ..
v),-.vare..C-owrnn�y
(J Vnn the lacy ty b= oper, ;e the general pubiicv
❑Commerciai ❑Public/Government
[iYes Nc
c (1) Du a(s) and/or per(,) d
;,r Are Finger Piers mrtudccv i's ONO
(ii) Num `r
It yes'.
ii Len n
!n) Number —1—i
—_
(iv) whim
{ri) Lenc•h
(v) Fioa!ing Yes ❑`i,
Pvi'vVidm
J(v)
Floating /Ryes ❑" o
fifes
e. (i) Are Platforms inch,reav j Yes ❑No
Are Boat!dts :nc!udeov ❑No
!t ves
!
is yes.
Number L_
(i!) Number
i:.)
_
(di; Length (Y7
jin) Lengtr,
(iv)W:dlh �(,1
p.lvdid:h
(vi Fioatatg OYe_ MNu
NDf? Rootec areas are cak:crated from :iripi,ne aru:ensions
g. ':% Numoer of slips orccoseo / n
R/
q)
L'hrcl ail me types of ser"c£s :o oe prov,ded
._I Fi,a service in,:luoing travel lift arid/or rail. repair or
l r
maintenance service
(h) N"inver of slips £fis::ng
%; Dackage. ioel, and manna supplies
Ito
;� DCck3ge (-,wet }11ps) only, nuni➢er of slips' _
Dry s:or.ige i;uruer of bca!i. .__._.
V- r, bU]: rBnlpg
ij r
i Checi, me proposa❑ type of s,l:ng
[,] L..,r cu' antl acCeiS rhannei
Yewater: Credg:ng fcr has:n anuler charnel
n water; no dredging re9rtireuu
❑Othei. ❑!ease descnoa
i yp:cai aua: lengin
m (i) W vt !het !a , hty have tie P!hngs?
❑Yes
(it) It yes ni:moer of tie wGngs�
Clescnba !",e !voic.di ocats :o fie served (.^. g , oner rCnaL'ou.,
'i1Ce: bpa::. 5.4.1 i`L s. M,xe:I tyoesf
��-n tZuetrt-5au�i'
tr:e 4aon 1, be cpcn to tee ;e•;erat Puoz:cr
ayes LJ o
iE(cZt Vht.4
DCM WILMINGTON, NC
-- - im Vt `0 `0 2014,
D CKING FACILITYIMARINA OPERATIONS Y Tins
section not applicabr
a. Check each of the following sanitary faolnies that will be included ir, the proposed project.
❑ Office Towers
^❑ Toilets f :r patrons: Murnter -i loca!ion
Showers
0 Boamold,rg Tank pbrrpoW Give type ono exetron.
b. Describe rrea:ment :ypc and U:iposal ICcatlUn for all sanitary wastawatdr
c Describe the disposal or solo waste, fish offal and rasn.
How will overboard disclarge of sewage from boats be convolleO
C. Oi Give .he ;ucpncn onu o: >.n, C.ewaye ii.,cna:ge s;g
I;i arve the iJCallon aril ❑b:1,UP.I ',!'Pulnpout-Avadab.e C Cins :dJGCihC.
Describe :he special design if applicablefor containing mrustnai :yoe poPutants. s„ct1 as Wain;. sandolasurig waste and petroleum pmauCs
Where will re5roue from vessel mamtenancF Oe aispused of
f G+:e and S'y.^. i
Hive the :OcatlOd of tVei-niviC ing faQLlre'>>. aric CebLlbe the 5,:f„_ r, •.@ilia?c p:anned :b prpreCt area 'wa:er Cua'ut'f.
I What will be the manna po!:r-y On Overnight ar.] irv✓--aboard JOCkage'
k. Describe design measures mat promote goat basin nusning,
If It,u proiec: ;s a11 expansion ur an existing marina, what tvpes of se,mc®; are current:y bro+:CeCy
RECEN"EC
DCM WILMINGTON, NC
MAY 0 F Z014
m Is the mannaidockmg fefalny proposed wnhm a pnmary, or secondary nursery areal
Dyes DNo
n Is the mannaldockmg facility propose) wnhm of adjacent Iq any shelNsh harvesting areal
(]Yes ONO
a is the mamtafdbdaltg facility Proposed wen:n or adjacent to coastal wedandsimarsh [CW) submerged aquatic vegelation ($AV). shell Doun!n
(S9), or otherwellenas (WL)7 if any boxes are Checked provide the number of square feet affegad
DCW ❑SAV _ ❑se
OWL (]None
It is the proposed manna/docking facility located wrthm or wnn,n close pmx+mdy to arty snaebsn leases- Dyes DNo
If yos, give the name and address of the IeasehnMer(s), and give the prowrafy, to the lease
CBOATHOUSE (including covered ldrs)
a p) Is Ute boaihouse structure(s)
DCommercial (3PubiwiGovemment DPrvaleiCommunny
pi) Ntanbw —,
bur Lergth _
(:v) Weir,
This section nor applicabr
NON Rnofed areas are=31culaled rrC,n dnp,.ne darienefanS
14. GROIN (a g . wood, sheerpde, etc it a rock groa), use U13.2. Excavation anj Fat) j s seajon riot appfrcabr
a t;I Numbs:
in; Lengm
7w1 Wrolr. ---
5. BREAKWATER (e g w000�sheeilme ex
c Kaerane astanCe !rem NHw Nw! rx wenands
a Length _—_
c Maximum dslance beyond NHW, NAIL or wetlands
6. MOORING PILINGS and BUOYS
a is Ina sVucure(s).
❑Commerual 012ub4UGovernment DpnvatefCummuney
C Olslante to D¢ maeeC Dey'on0 srwl¢nne �-_
Nitre This shouid be measurea from rflersn edge. ,1 prig¢"'
e 4fr, at Ina sN.ng
sectran not applicabl
section nol apphcabi
b Number
u Desenptwa of bony (tvor e,4Cr,pb011 Sao anchor elr ,
lk RECEIVED
MAY 2 9 2014
DCM WILMINGTON, N(
7. GENERAL
a. Proximity oT atNcture(S) to adjacent dparian property Ilnos
Note; For buoy or mooring piling, use art of swing including length
ofvesseA
h, Proximity of attucture(s) to adjacent doc" facttitfes.
a- yol
c Width of water body d. Water depth at aslerward and of swcture al LW
�ar NWL
'�—a�' rl S � NXIL/Ji
e. (it Will n nat aids be,required as a result of the project'_
j]Yes 'a ONA
(a) If YOU, explain what type and how they MR be implemented
& OTHER O This section not aplicabi
a. Give complete description
Y
&l avaq
Date
Project Name
Ab0 iwnt Name
c-I
Applicant Silinalute
e
RECEIVED
DCM WILMINGTON, NO
NIP 0 a 2014
F&S Marine Confraotora, Inc.
Complete Marine Construction Services
For Over 37 yearsl
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 small: efly®msn.com
�U �7jd/iTjrU6 f�ve�C. �% L
,2L 1 /j"PDSL�� i �bGrL"
I,D ht 3c'U ,anc
ty
,p(-I
RECMVED
l�
i
MAY 2 9 711.14,
V ►111r"3i nrM-MrrnrTr��vRECEIVED
DCM WILMINGTON, Nq
co
�r �
l )7 xx� ) Jk/, r
/,(
U
Z
2
OR
FsS Marine Contractors, Inc. '1�0
Complete Marine Construction Services w z
For Over 37 years! W
�U�
CAPT. ED FLYNN DURWOOD S&S
Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
PO. Box 868 Phone/Fax: (910) 256-3062
Wrightsville Beach, NO 28480 email: efly@msn.com
p f1 r,t 1106
1= e))
IL4)
N A.�
W E .,yµ
S h1l
5 .,.
LOCATION MAP
A PORTION OF THIS LOT 15 IN A
FLOOD HAZARD AREA ACCORDING TO
CONIMUNITY-PANEL NO. 3720314500J
ZONES: X, SHADED X, AE (B.FE. 13.E
VE (B.F.E. 15.0'-17.0')
DATE: APRIL 3, 2006
LOT 1 R
51,658 sq. ft.
1.87 acres +/-
TE 30.06'
LEGEND: "a
I.P.S. OR I.R.S.
0
IRON PIPE OR ROO SET
E.P. OR EAR.
•
EXISTING IRON PIPE OR R00
C.M.
c
CONCRETE MONUMENT
CA
Q
CENTER LINE
R/W
RIGHT OF WAY
P.N.
A
P.R. SURVEY NAIL
.
N(IN-MONUMENTEO CORNER
pso B
doN
of 1"
T�)
W m
y
/
O
m
v O
�Oy
r
I
fZppD
00,0 ZEE.•
FL OOD Zove.
2 STORY
r BRICK
DWELLING
-.
LOT 2R
MAY 2 9 7014
rn
81
I SURVEY
p ;
Rj
EXCLUSIVELY FOR
CORY M. WILLIAMS
`4
f,
ANNE C. WILLIAMS
p�9 7401 MASONBORO SOUND RD..
}99'B
LOT 1R FREDERICK GRAHAM DIVISION (REV)
\ �^
CITY OF WILMiNGTON
\ Qg�NEW HANOVER COUNTY, NORTH CAROLINA
rc^
MARCH 30, 2012
�ab� vy MAP BOOK 27 PAGE 87
DEED BOOK 5605 PAGE 636
$
Ni
C%
m i
RECEIVED
C"
DCM WILMINOTON, NC
95.00'
94.61
67.6•
S29'16r00"W
'' ME 231.8 _
_ _ ....
N2Fl ^Eq LJ i -----
e��
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Dan Sams
District Manager
DEMLR - WOO
MAY20 2014
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: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro Sound / AIWW in Wilm.
Proposed Project: to expand an existing docking facility for a total of 4 slips
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 June 13, 2014. If you have
any questions regarding the proposed project, contact Tara MacPherson at (910) 796-7425,
when appropriate, in -
REPLY: This agency has no objection to the project as proposed.
Id
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 P� / J DATE r+m t 3 r 2.014
RECEIVED
MAY 29 2014
127 Cardinal Drive Ext., Wilmington, NC 2W5
Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.nccoastalmanagement.net
AnE Equal DCMM"Cf y
q Opportunity\ANirtnafive Action Employer
_DN.R
North Camilna,Department of Envirorlment and, Natural Resources
Pat McCrory
Governor
May'20, 2014
Division of Coastal Management
MEMORANDUM:
TO: Mark Zeigler
W iRO
Division of Community Assistance
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)
$.OBJECT: CAMA Major Permit Application Review
Applicant: Cory Williams
Project Location: 7401 Masonboro Sound Rd., adjacent to Masonboro ;Sound (:AIWW in'Wilm.
Proposed' Project: to expand an existing docking facility for a total of 4 slips`
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 June 13, 2014. If you have
any questions: regarding the proposed project,, contact'Tara MacPherson at (910), 796-7425,
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 NJ A-A.lk txx <` 1 F^% DATE 5. 2 3 ' .I y
127 CardinalDiivelExt , Wilminglonr.NG 28405
'.Phone:.910.798.7215\FAX: 910.395_0964Internal: : WdhcwAslalmanaaementnet.
An Equal OppOMMI,y\ AflirmaUve Action Employer
Howell, Jonathan
From: Smith, Ronnie D SAW [Ronnie.D.Smith@usace.army.mil]
Sent: Tuesday, May 27, 2014 8:33 AM
To: Howell, Jonathan; MacPherson, Tara
Cc: Coburn, Chad
Subject: Cory Williams, 7401 \Masonboro Sound Road, dock expansion (UNCLASSIFIED)
Classification: UNCLASSIFIED
Caveats: NONE
I received the application for the above described project on May 23, 2014. The project
qualifies for GP 56 and the structure is not allowed to rest on the bottom of the channel at
any time. The AID # for this project is SAW-2014-00945.
Ronnie D. Smith
Project Manager
US Army Corps of Engineers
Wilmington Regulatory Field Office
69 Darlington Avenue
Wilmington, North Carolina 28403-1343
Phone: (910) 251-4829
Fax: (910) 251-4025
Email: ronnie.d.smithOusace.army.mil
We would appreciate your feedback on how we are performing our duties. Our automated Customer
Service Survey is located at:
http://regulatory.usacesurvey.com/.
Thank you for taking the time to visit this site and complete the survey.
Classification: UNCLASSIFIED
Caveats: NONE
1
Pat McCrory
Governor
r�) A
NCDENR
North Carolina Department of Environment and Natural Resources
John E. Skvarla, III
Secretary
May 27, 2014
DWQ Project # 14-0518
New Hanover County
Mr. Cory M. Williams
7401 Masonboro Sound Road
Wilmington NC 28409
Subject Property: 7401 Masonboro Sound Road — Wilmington
NO WRITTEN CONCURRENCE NEEDED
Dear Mr. Williams,
You have our approval, in accordance with the attached conditions to expand an existing private docking
facility as described in your application received by the N.C. Division of Water Resources (DWR) on
May 23, 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
htto://portal.nedenr.ora/web/wo/swo/ws/401/certsandpermits. This Certification allows you to use the
Regional General #197800056 Permit when issued by the US Army Corps of Engineers.
This approval is for the purpose and design that you described in your application. If you change
your project, you must notify us and you may be required to send us a new application. If the
property is sold, the new owner must be given a copy of this Certification and approval letter and is
thereby responsible for complying with all conditions. If total fills for this project (now or in the
future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the
conditions listed in the attached certification and any additional conditions listed below.
Conditions of Certification:
1. Upon completion of all work approved within the 401 Water Quality Certification or applicable
Buffer Rules, and any subsequent modifications, the applicant is required to return the attached
Certificate of Completion to the 401/Wetlands Unit, North Carolina Division of Water Resources,
1650 Mail Service Center, Raleigh, NC, 27699-1650.
If you do not accept any of the conditions of this Certification (associated with the approved
wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days
of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings,
6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final
and binding unless you ask for a hearing.
1617 Mail Service Center, Raleigh, Nodh Carolina 27699-1601
Phone: 919-707-86001 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
2
Cory Williams
New Hanover County
2014-0518
Violations of any condition herein set forth may result in revocation of this Certification and may
result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts
or to conduct impacts to waters as depicted in your application and as authorized by this
Certification shall expire upon expiration of the 404 or CAMA Permit.
This letter completes the review of the Division of Water Resources under Section 401 of the Clean
Water Act. If you have any questions, please telephone Karen Higgins in the Central Office in
Raleigh at 919-807-6301 or Chad Coburn in the DWR Wilmington Regional Office at 910-796-
7215.
Sincerely,
Chad Coburn
Senior Environmental Specialist
Wilmington Regional Office
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Enclosures: GC3883
Certificate of Completion
cc: Ed Flynn — F & S Marine Contractors, Inc., P.O. Box 868 Wrightsville Beach, NC 28480
Ronnie Smith — USACE Wilmington Field Office
Robb Mairs — DCM Wilmington
Jonathan Howell — DCM Morehead City
Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit
WiRO
2.
3.
4.
5.
6.
DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
APPLICANT'S NAME: Cory Williams c/o Ed FLynn
LOCATION OF PROJECT SITE: Site is located at 7401 Masonboro Sound Road adjacent to
Masonboro Sound/AIWW, in Wilmington, New Hanover County.
Photo Index —2006: 22-7421 ML-11 2000: 22-270 L-13 1995: 22-252 L-19
State Plane Coordinates - X: 2349274 Y: 157478 GPS —N 051410A (uncorrected)
Lat: 34010'37. 56"N
INVESTIGATION TYPE: CAMA
Long: 77150'43.05"W
INVESTIGATIVE PROCEDURE: Dates of Site Visit — 05/14/14
Was Applicant Present - Yes
PROCESSING PROCEDURE: Application Received — May 8, 2014
Office — Wilmington
SITE DESCRIPTION: iiECFJyEp
(A) Local Land Use Plan— New Hanover County
Land Classification From LUP — Resource Protection
(B) AEC(s) Involved: PT, EW rJUN 11 2014
(C) Water Depends _Y.as_.1
(D) Intende se: Private
(E) Wastewa Tr xisting- Municipal sewer DCN "Cr,
Planned- N/A
(F) Type of Structures: Existing- Single family residence with private pier, floating dock and boat
lift
Planned- Install new platform, extend floating dock and add boatlift
(G) Estimated Annual Rate of Erosion: N/A
HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (§404)
Non -Vegetated Wetlands (Open
496
Water)
ated)
(incorporated)
(C) Other - Highground disturbance
(D) Total Area Disturbed: 496 square feet (.01 acres)
(E) Primary Nursery Area: Yes
(F) Water Classification: SA-ORW Open: Closed
PROJECT SUMMARY: The applicant proposes to inll.aa.addition tfnrm�xtet>sf the floating_
dock and add a boat lift at the existing docking facility for otal of four 4) slips.
Cory Williams
Page 2
9. PROJECT DESCRIPTION
The project site (property) is located at 7401 Masonboro Sound Road which is adjacent to Masonboro
Sound/AIWW, in Wilmington, New Hanover County. To locate the property from Market Street travel south on
College Road (NC Hwy 132) and turn left on Holly Tree and then turn right on Pine Grove Road. Travel for
approximately 2.4 miles and turn left on Masonboro Sound Road. The destination will be down an unmarked
shared driveway on the left hand side of the road (before you pass Orchard Trace Road). Turn left onto the
driveway and veer to the far left to reach the subject property.
Existing structures on the project site include a single family residence and private docking facility. The project
site is approximately 1.87 acres and is vegetated primarily with domestic grasses with Oak and Pine Trees on
the property borders. The project site has approximately 104 ft. of shoreline frontage along Masonboro Sound
that transitions into a 67 ft. wide span of Coastal Wetlands consisting primarily of Smooth Cordgrass (Spartina
altemiflora). It is located on an embayment off of the AIWW, which is approximately 1,500 ft. landward of the
USACE 80 ft. Federal Channel Setback.
The existing docking facility consists of an existing 6 ft. wide by 133 ft. long access pier which terminates onto
a L-shaped platform measuring 10 ft. in width by 14 ft. in length. An access ramp extends waterward from the
platform to a floating dock measuring 8 ft. in width by 16 ft. in length. There is an existing boatlift on the
northeast side of the floating dock measuring approximately 14 ft. in width by 14 ft. in length. The current
docking facility accommodates up to two (2) vessels (See sheet 1 of 3). The previous property owner (Graham)
obtained General Permit No. 20462D in 1999 authorizing reconstruction of an existing private pier due to
Hurricane Bonnie. This permit authorized the existing pier, platform, floating dock and boatlift.
The New Hanover County Land Use Plan classifies the adjacent waters as Conservation and the adjacent high
ground portion as Developed. The waters of Masonboro Sound are classified as SA-ORW, by the NC Division
of Water Resources. These waters are designated as PNA by the NC Division of Marine Fisheries and are
CLOSED to the harvest of shellfish.
PROPOSED PROJECT
The applicant proposes to install n tform, extend the floating dock and add a boat lift at the
existing docking facility for total of four (4) slips. ccording to the application, a T-head platform will be
installed on the northeast si measuring 10 ft. in width by 14 ft. in length. The
applicant states that a floating dock, measuring 8 ft. in with by 20 ft. in length, would be installed at the end of
the existing floating dock and a boatlift, measuring approximately 14 ft. in width by 14 ft. in length would be
installed on the southwest side of the existing floating dock. There are currently two pilings in this location that
will be removed according to the contractor. The proposed docking facility expansion would provide docking
space for up to four (4) vessels within existing water depths ranging from approximately -1.7' to -2.0' at normal
low water (NLW) (See sheets 1 through 2 of 3).
10. ANTICIPATED IMPACTS
The proposed docking facility expansion would incorporate approximately 496 sq. ft. of Estuarine Waters and
Public Trust Area. As proposed the new floating dock would extend approximately 175 ft. into Masonboro
Sound/AIWW, which measures approximately 1,300 ft. across. The distance appears to conform to the 1/4
width rule and the established pier lengths within the man-made channel. The proposed structures would not
encroach into either adjacent 15' Riparian Corridor Setback Area and would not encroach into the USACE
AIWW 80 ft. setback.
Submitted by: Tara MacPherson Date: May 19, 2014 Office: Wilmington
F d S Marine Contractors Inc.
P.0 Box 868 Capt. Ed Flynn
Wrightsville Beach, At. 28480 Durwood Sykes
Phone/Fax 910-256-3062
25 April 2014
NCDENR
Wilmington, N.C.
email: eflydOmsn. com
The enclosed CAMA Major Permit application for Dr. Cory Williams, 7401
Masonboro Sound Rd., Wilmington, Al 28409, is to add a 105(14' deck at
the waterward end of the existing fixed pier, add an 8 5cX'floating dock
and install a boatlift at the existing dock. The proposed addition will make a
total of four boa tslips.
The existing dock facility and proposed additions are for the applicants'
family use.
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs RECEIVED
DCM WILMINGTON, NC
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-savelevel-
APPLICATION for
Nola Development Permit
(last ►mvts*d 1, iZ7106) hd
North Carolina DIVISION OF COASTAL MANAGEMENT
1. PrimaryApplicant! Landowner Information
Business Name
Project Name (if applicable)
Applicant 1: First Name MI h�
f71 / f I
Last Name Wi66// II II' II -
{%n
Applicant 2: First Name
MI Last Name
if additional applicants, please attach an additional pages, with names listed.
Mailing Address Po Box Ciity�
n
/1-0l cry>✓j)w 5a"ttd ) 1 fi✓r/Nl
State
L
ZIP �j (
;jt" 6oq
Country
Phone No.
Rl++ -tul 1 -4059 ext.
FAX No.
- -
Street Address (if different from above) City I State
ZIP
Email i
c nod S
[2. Agent/Contractor Information
Business Name
Agent] Contractor 1: First Name
MI
Last Name NN —
Agent( Contractor 2. First Name
MI
Last Name
Mailing Address
I PtOO Box
�Cit1y� � �/�.$�,„ �
State
Zip
No. 1
Phone No 2
(Phone
7 ext. _
— _ aid.
FAX No.
Contractor a
fit,- ;�061
Street Address (i/different from above)
City
State — � ZIP
Email--
C n1sil,c��M _
. �csmm
<Form continues on back JUN 112014
RECEIVED
DCM WILMINGTON, Iii
— DCMMtmC= _.
Form DCM MP-1 (Page 2 of C)
APPLICATION for
Major Development Permit
3. Project Location
county (can be multi le)
/�1JaL�Y`-
Street Address State Rd. 1f
7 of rn_mfmhn� Saar (�t�
Subdivision Name City
l/iilLtulr]1�
Slate
hi6--
Phone No
ID -61 -G856 ext.
Lot Ne.(s) (if many, attach additional page with list)
I I�.
a. In which NC ri�tbYatsiinis the project located?
b. Name of �bo y of water nearest to proposed project
IL�aw� 7� ti 204
C. Is O/e water body identified in (b) above, natural or manmade?
Natural ❑Manmade ❑tlnknOwn
( d. Name the losest ajor water body to the proposed protect site.
)�, r
1LFJit
-
e. Is posed work within city limits or planning jurisdiction?
Ves
i 1. If applicap7e, list the planning jurisdiction or city limit the proposed
work falls within.
❑No
j I
4. Site Description
a. Total length of shoreline on the tract (ft.)
b. S,ze of entire tract (sq.ft.)
/ 5'
/6�8sprFr,
c. Size of individual lol(s)/S QQ / d. A proximate elevation of tract above NHW (normal high water) or
s1� NWL (normal water level)
jlJcl�
l/
(it many lot sizes. please attach additional page with a list) ❑NHW or NN'vVL
e, Vegetation an tract
t��/-' 11L
I. Man-made features and uses now on tract
Sj l� uEl� 12g,
g. Identify and describe the existing land uses adiiacent to the proposed project site.
h. How does local government zone the tract?
i. Is Ih roposed project consistent with the applicable zoning?
r
(Att ch zoning compliance certifi4,1cableI
Yes �No ['jNA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑
k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. OYes No ❑NA
If yes, by whom?.
❑NA
I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes No
National Register listed or eligible property? -
<Form continues on next page>
MAY 0 (9 20114
Major Development Permit
rA
M. (i) Are there va hands on the sift?
ONo
7YS:
(d)Are there coastal wetlands on theslle?
(�]NN
(id) It yes to either p) or (14 above, has a delineation been conducted)
Oyes (�Na
(Attach doewtNMttkA H avaltable)
n. Describe existing wastewater treatment facilities.
ccvvl`(I SLIIIVOL
o. Describe &'{sang drhdtirg water supply source.
L'✓l-
p. operib��e''existing storm water management or treatment systems
& Activities and impacts
of
b. G ve a brief desoipuan of purpose, use. and daily operations of the protect when 5omplete.
e Describe the proposed construceon matirodology. types of construdron equipment to be used during conslrucuon, the number of each type
of eQurprnam and where it is t0 be stored!
l/MI YtGtIII fl*gt rnk"irtt r,f/ERfdt j jlaY /j Z�}E �iUlf ?1 ant i%!
d. List as development activities you propose, ,
/c� /�f�9/tvttiah M)«t f eynptfrlAzrn i�tGntJfi>:07 k�or�/L�n► pOc� /hr� vNL�
e. Are the proposed activities maintenance of an trusting project, new wort. or both - `
AI& l�
I. What is the appoltimale total disturbad land area resulting from the Proposed protect? 05aft or []Acres
g. Will the proposed project encroach on any public easement, public sccessway or other area OYes t4No UNA
that the pudic has established use ol?
h. Describe location and We of existing and proposed discharges to waists of the state.
I. Will wastewater or stormwater be discharged into a wetland? Oyes ONo ❑NA
if yes. wall On discharged water be of the same salualy as the recervmg weler7 QYss 076 014A
j, rs there any rm1lgdtlon proposed? UYes UNo 'UNA• . .
If yes, attach a millgatlon proposal
<Form continues on bark> •WVL`
JUN 1 1 2014
DCMMHDCff' RECEIVED
DCM WILMINGTON, N(
Major Development Permit
6. Additional Information
In etldlHon to dds completitd ap9catlon /bin, (MP-1) Me Mowing ire M below, B oppilho". must be su entHed to order for Me appk4dw
pe *pV to bat conplaia, lfoms (aj — (Q am always aypseabfa to any mallardevslopmaat applkaffon. Please ewsue tba aPPIki tion
frurinxffoo booldal on how topopertyjimpars that requfred Hems 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 potion already complete? If previously authorized work, clearly indicate on maps, Plats, drawings to distinguish
`aetwearrwdraroornMaMYr+kAr'proposo5+.
c. A site ar location map that Is sufficiently detailed to guide agency personnel unfamiliar with the area to tha sue.
d. A copy of the deed (with stale application only) or other instrument under which the applicant: claims dtle tit the affected progenies
a. The appmpdate application fee. Chad or money order made payable to DENR.
I. A Icll of the names and complete addresses of the adjacent waterfront (riparian). landowners and signed return reeeopls as proof that such
owners have received a copy of the application and plats by cendied mail Such landowners must be advised that they hove 30 days In
which to submit comments an the proposed project to the Division at Coastal Management. ry ) Name VIL. A0.pi &?C� Ptrone No.,-t`L3_ Oli¢ �C7q Pt
Address 9ZGtfis�t jaWL leb lift 1 w- 29W `g G
Nams/iltt.%i)fV jJ9,k&tL Phone Noglb• 2l2'160t
Address/fy�, (}InanJoaa Saw ,/Vi ala;ilb 14
Name Phone No
Address
g A list of previous state or federal permits issued for work on the project tract include pemuj numbers, penndlea, and issuing dates
h Signed consultant or agent authorization form, if applicable.
i. Welland delineation, itnecessary.
. i ..A,sinnM AFf' hazarrl rvdirn.fttr nrrdw•i< m rro�abnid aa?.irl^! Baas--fz e....._..-..,......._�,_.. __ _ _......
k. A statement ill compliance with the N.C. Environmental Policy Act INC G S. 113A MCI.11 necessary It the prolecl uwolves expenditure
of public funds or use of public lands, attach a statement documental canoteanca with the North Carolina Enwrtrtinemal Policy Act.
I understand that any permit issued in response to this application will allow only the development oesanoso in me apptiaduvii•
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 slate and lederal review agencies to
enter on. the aforementioned lands in connection with evaluating information related to this permit application and follow-up .
mdnilddng of the project.
I farther certify that the infomilltlon provided in this application is truthful to the best of my knowledge
Datea&hl (Dly Print Name 1;dA111,41
Signature 42,�,tlif"
Please indicate application attachments pertaining to•your proposed. project.
[3DCM MP-2 Excavation and Fill Information 130CM MP-5 Bridges and Culverts
eC3 M MP-3 Upland Development
�CM MP-4 Structures triformation
s2n=1^.rr,rED
DCM WILMINGTON, NC
MAY n 9 20141
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 ail suppemental information.
1, DOCKING FACILITYIMARINA CHARACTERISTICS
a. It) Is the oocking fardryrmarma
❑Commercial ❑PubhUGovernment d.ateQomrne-+ty
c. (i) Do Is) anc/or pier(s-, g
(if) Num ______
(it,) Length __
(iv) Wioth _
(v) Floating 1'es 'vq
e. (t) Are Platforms inU,,^.ed't to es
ryes
(o) Number
(at: Length iiiL
IA):bidih 11b)
(vi Fiva;mg Oyes Z
17
❑This section not applice.
Nrdl the fact yy be open to the general pubi,c'r
[iYes N'
Are Finger Piers mc:uceon Jes ONO
If yes.
Number
'_engm
{ivi iVtC4n ���--
(v) Finatirg Yes ❑J�/10
ONO p; Are Bba;afts mc!udeo' fin'{es ONO
r. yes.
,:)Number
,,,j i_ong!r
I oil
dinlenSlUei
g p) Numoe: of sups pr0005ed
V/ 46-ft,04oflAA/ 51,pS(fitt)—nl 14)
(it) Nomoer of slips etlst:ng
i check IRe propu%e'u :Yoe of siting
Q ;cut and access channel
❑' n water: dredging for basin andlor channel
`pen .va;er no aredg:ng required
Oothei. atease descnoe
n TyuKai gJaf leag;h 0/�/
m. Q) Witt ;he (a city have tie pilingso
[,nYes 'c
(it) If yes number of lie pilings"
o GCe[A all the types of services to oe provide!
Fnn sernco ,n:auding gave+ 01 andior rad. repair or
maintenance serrice
[j Dockage, fuel. and marine suppSes
Dockage (-we: sepsl onty. numoer of slips _
o•y forage :`umhe' pf uca:'s. ,____
-`,,w of • Jai
.:.. ,,...ae !v)-c.:n ; „^r. , , y over tunaMi,,!.
��1'h R[{H/T.1aMr
a:e to! /�toe pan to the general pubic'
JUN 112014 DCM WILMINGTON, NC
l 2. DOCKING FACILITYRMARINA OPERATIONS _ This section not applicabh
a. Check each of the following sanaary facilities that will be included in the proposed
❑ Office Toilets
Toilets for patrons. Plumber _: LGcation.
❑ Showers
❑ Bnalholdirg tank pbmpout Give tyoe and IOCal:O(t
b. DRScflbe irewment type and d:5posal fccati0n for ail sanitary wastaatar
c. Describe Ine disposa! of Solid waste, fish offal and !rase.
How will overboard discharge of sewage from boats he controlled?
e. (ii Gwe the ozpiion and ;:;.:r8e• o! No S?Nage ❑.SCbatge S;gnS .^:.p•)�r:
iil) +rve. the location: one nal,ber of .Pu;ri;ou! Av,vab:e Ygns p r�-,csr:d
Describe :ne special design if appiicahlefor con:awning :.n.nus,rai :yoe pollutants, si,cn as pam:. Sandolastin, waste and petroleum products
Where will res:oue from'+esse: inairitenarc6 oe oisposed of
r G.:e the cnannEc n,+irners ante .i pM1:bG;`: •,: _.._
. Cmva the iCcaion of IUeld•,an ,ling faald:d'> anc . si,Crne the Salet_ .e3sa a 6.ah:led :c pP:..,,t area 'wa:er Cud
l What will be Me marina poury on ovem:gn: arc lee -aboard dockage;
k. Describe design measures that promote boat basin flushing)
li lres ,rolec: ; ail expansion of an existing marina. venal types of serara5 are wrrv'rai cnv<ieC
VED
DCM WILMIN N, INC
SAY 0 V3 7014
m Is the mannaidocfung facility proposed wuhan a primary or secondary nursery areal
Dyes ❑No
n Is the mannaidocking facility propose) wtgan or adjacent to any shepnsn harvesting area>
OYes QNo
o Is the marwiddocking facility proposed wdkn or adlacant to coastal wedandsintersh (CW) submerged acuabc vegelatwn ISAV), shed buitnm
(Se), or otherwedands (WL)') It any boxes are Checked provide wo number of sobare feel alleged
OCW _ ❑$AV CISS
OWL ONona
p Is Itle proposed mannerdorkmg facility located ruthln or wNkn close proximny to any shellfish leases r Oyes :]No
If yes. give the name and address of the feneholder(s), and give the proximtry to the lease
3. BOATHOUSE (including covered Ms)
a p) is Ulf boathouse structures)
Oconlmercan OPublicfGovernrnenl OPrivatefCommtmhy,
piJ Ntnnb+r _�
I nr Lergih _
Irv)Wicm
This section not applicabr
Nora RnOled areas are :.akufafed hen dop,,ne dmeauons
4. GROIN (e g . wood, sheefpile, etc it a rock grout, use MP•2. Excavafton ana Fitt 1 lus seclon not applicabf
a td Numbei
in; Lengat _--
5. BREAKWATER (e g weoo. sheefpde etc) w ` tits section not applicabr
a Length
c Maximum distance beyond NMW, NWL or wenands
6. MOORING PILINGS and BUOYS
a is me sttucturefs).
❑commercial opublit.rGoverrxhent Opnvatefcommuney
t)IStant:e fa ps maCOC Dey'on0 9ndr¢IInP ___
Nnte rMs Should he measufea tram rnatsh edgeu meson'
p 4.nea�e 03tart!9 trOn' N/!W NW! M wPdandS
section not volicabi
b Number _- T
Y D*s& ptwl of WOy WAw v1scr,p4On $40 ardha err ,
e ovt CI the swing PX==
rJUN 112014
DCM WILMINGTON,
7. GENERAL,
e. Proximlry of strYclure(S) to adjacent dpadan propedy Linos b. Proximity of structures) to adacent dock" facpidas.
�a 1 a- y01
Nola: For buoy or mooring piling. Lisa am of swing including length
olvessel.
Width of water body
i /, oof
(1) Will n 1121 aids be required as a result of the project?
[]Yes o ONA
(0) It yes, explain what typo and how VW will be implemented
d_ Watar dapth at wdlerward and of strunure at NLW ar NWL
____.. 4 75/ xtclJ)
8. OTHER pThis section not applicabi
a. Give complete description
/o L-'�'Isil� DtLnL. ✓;'nr� /� u!y IJ1Jtu� yT�r1it��ar4ca��ti ���`a°r°�
9AM 9Vty
Gate
Project Name
c�J r✓,��rJ
App icant Name
qq��
Applicant 941naluie
RECEIVED
DCM WILMINGTON, NC
MAY 0 8 2014
FaS Marine Contractors, Inc.
Complete Marine Construction Services
For Over 37 yearsl
CAPT. ED FLYNN DURWOOD SYKES
(JQ L Piers, Floating Docks, Pilings, Bulkheads,
?11 ht1611)0jw puq,) Boat Lifts, House Pilings, Repairs
7 P.O. Box 868 Phone/Fax: (910) 256-3062
C✓lenfov NC 78 I) Wrightsville Beach, NO 28480 email: efly®msn.com
�*vcx-
,art X1,11f;
�'k1»� ffa��� i�a-�t.. R'd �✓�TL1P1'
Tu 6j j�sTmb 1)04k n
OOVED
JUN 112014
`G v
U
Api
RECEIVED
DCM WILM NG ON, Nq'
U
Z
Z
O EL
FsS Marine Contractors Inc. (19 N
Complete Marine Construction Services w z O,
3Lz tt� d } For Over 37 years! W
G l+ h .l lrJ : r M� c
CAPT. ED FLYNN DURWOOD S&ES
�J Piers, Floating Docks, Pilings, Bulkheads,
Boat Lifts, House Pilings, Repairs
PO. Box 868 Phone/Fax: (910) 256-3062
�� Wrightsville Beach, NO 28480 email: efly@msn.com
:,s1:5-)
NTS
N left
OHO
W E P
5 1k,
LOCATION MAP
A PORTION OF THIS LOT IS IN A
FLOOD HAZARD AREA ACCORDING TO
OOMIAUNITY-.PAN ^IO. 37zDL1c5QO.'
ZONES: X. SHADED X, AE (B.F.E. �3.0
VE (B.F.E. 15.0'-17.0')
DATE: APRIL 3, 2006
LOT 1 R
81,658 sq. ft.
1.87 acres +/-
SO4 o/ 6,
VJllig�N
�J
-
W OD
o
To
,jo
108
p
cog
I
F� 000 IONS?
Z.
OOD
F(� E
\�
p£ (B. F, E.
�6,
F� � IpNE-
--�
(B.F,�c-
1s)
2 STORY
--
BRICK
I� DWELLING
11E 3G.06'
LEGEND:
339 i6
I.P.S. OR I.R.S.
0
IRON PIPE OR ROD SET
E.LP. OR E,IR.
•
E%ISTNG IRONPIPE OR ROO
L
C.M.
0
CONCRETE MONUMENT
C/L
Q
CENTER LINE
R/W
RIGHT OF WAY
P.K.
A
P.K. SURVEY NAIL
.
NON-MONUMENTEO CORNER
20 5'
-- LOT 2R
� � o
p J
l i•i•.ri�. N S
399.6'
�N,
JUN 112014
SURF
EXCLUSIVELY FOR
CORY M. WILLIAMS
ANNE C. WILLIAMS
° 7401 MASONBORO SOUND RD.
LOT iR FREDERICK GRAHAM DIVISION (REV)
\ CITY OF WILMINGTON
\ Qg NEW HANOVER COUNTY, NORTH CAROLINA
MARCH 30, 2012
MAP BOOK 27 PAGE 87
\� DEED BOOK 5605 PAGE 636
RECEIV)5D
DC"It;M10TON, NC
94.61 _ R/W
67.6' +{
NZW477 43-EE W —
SPECIAL WARRANTY DEED
Excise Tax: $ M )0,0IO (Nr
Tax ID#:
Property
Mail to:
Drawn by:
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH
NEW HANOVER COUNTY, NC
2012 APR 13 02:33:59 PM
B M PG:434431 FEE $26.00
NC REV STAMP: $1, 920.00
I0 UPP � PG7920IM
R06700-005-010-QI
(7 ('a a tr e
AddresMASQX 0PjQ jWUND ROAD, WILMINGTON, NC 28409
C
K E
Attorneys at Law
mi Market
Stmut
��nn
LancasteyI��t1S9 'F'A.
4430 Park Road
Charlotte, NC 28209
(704) 525-1702
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
RECEIVED
UN 112014
DCM-MAD CITY
THIS INDENTURE Made this laL day of Anfl� , 2012,
between ING BANK FSB, hereafter GRANTOR, and CORY M. WILLIAMS and wife,
ANNE C. WILLIAMS, hereafter GRANTEE. The designation Grantor and
Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural masculine,
feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, has and by these
presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in NEW HANOVER
County, North Carolina and more particularly described as follows:
BEING ALL OF LOT 1-R OF THE REDIVISION OF THE FREDERICK
GRAHAM DIVISION ACCORDING TO THE MAY THEREOF RECORDED IN MAP
BOOK 27 AT PAGE 87 OF THE NEW HANOVER COUNTY REGISTRY,
REFERENCE TO WHICH MAP IS HEREBY MADE FOR A MORE PARTICULAR
DESCRIPTION.
TOGETHER WITH A 15 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS
OVER AND ACROSS LOT 2-R OF THE ABOVE -REFERENCED DIVISION.AS
SHOWN ON MAP RECORDED IN MAP BOOK 27 AT PAGE 87.
RECEIVED
DCM WILMINGTON, NC
SUBJECT TO DECLARATION OF COVENANTS,': CONDITIONS AND
RESTRICTIONS OF FREDERICK GRAHAM DIVISION RECORDED IN BOOK
1382, PAGE 373 NEW HANOVER COUNTY REGISTRY.
Deed Reference: Book 5605 Page 636
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all
privileges and appurtenances .thereto belonging. -to .Grantee in....fee ..:.-.
simple.
And the Grantor covenants with the Grantee, : the Grantor has done
nothing to impair such title as Grantor received, and Grantor will
warrant and defend the title against the lawful claims of all persons
claiming by, under or through Grantor.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand, or if
corporate, has caused this instrument to be signed in its corporate
name by its duly authorized officers by authority of its Board of
Directors, the day and year first above written.
ING BANK FSB
By: NRT REOEX ERT LLC`as�Attorney=in-Fact
By:
-Pies
Ximena WWo9f
RECEIVED
DCM WILMINGTON, NC
MAY 0 n Z014
STATE OF I �
COUNTY OF—�J IV J 1 C V01
On this �, day of %- rll , 2012, before me, the undersigned
Notary Public, personally appeared ,jjmena Wolf
personally known to me to be the u.e�2 -President of NRT
REOEXPERTS.LLC (.the. !'Executing Enti yt!), and.being by me duly sworn and
known to me to be the person who executed the within instrument on
behalf of said Executing Entity, a company that executed and whose name
is subscribed to the within instrument as the attorney -in -fact for ING
BANK FSB and acknowledged to me that he/she subscribed the name of ING
BANK FSB thereto as principal and the name of the Executing Entity as
Attorney -in -Fact for said ING BANK FSB and that the Executing Entity
executed the same as such attorney in fact and that the authority to
execute and acknowledge said instrument is contained in an instrument
duly executed, acknowledged, and recorded in the Office of the Register
of Deeds, County of WAKE, State of North Carolina, on the .79rh day
Of MAAA -, 20/_, Book /yc7o5 at Page .2feo
WITNESS my hand and official seal.
ub i iSPti �/�
My Commission Expires: Lee- C-16 (�
(Notary Seal)
'"��o"'• .MELISACURRA
a i4
� Notary Public -State of Florida
?w ' My Comm. Expires Doc 28. 2615
Commission # EE 156167
.. RECEIVED
' JUN 1 1 2014
DOZY. CITY
Fj
RECEIVED
DCM WILMINGTON, NC
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
WILMINGTON, NC 28401
04/13/2012 02:33:59 PM
RE 5633 Page: 434-437
2012012182
4 PGS $26.00
$1,920.00
CRESWELL,ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
i 4#
k'
DCM WICEIVED
LMINGTON, NC
*2012012182*
t'1AY 0 0 2014
R
DEED OF TRUST
Return To: FIRST -CITIZENS BANK &TRUST COMPANY
PO BOX 4500
HENDERSONVILLE, NC 28793
Prepared By: FIRST -CITIZENS BANK &TRUST COMPANY
PO BOX 4500
HENDERSONcVrIlLtTLENC 287934/50f0
CRAI 6 re,l iol-t<AyDTel �1 Pt
wt'►,.jy1eN n,t aJ`rO
Loan Number- MC0070 - 0102328
111111111111111111111111111111111111111111111111
2012012183
FOR REGISTRATION REGISTER OF DEEOS
JENNIFER H. MACNEI SH
NEW HANOVER COUNTY NC
2012 APR 13 02:33:59 PM
80633 PG:438-458 FEE:$76.00
MIN 100113412345736069
DEFINITIONS
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
together with all Riders to this document. Apt 12, 2012
(B) "Borrower" is
CORY M WILLIAMS AND ANNE C WILLIAMS, HUSBAND AND w"
Borrower is the trustor under this Security Instrument.
(C) "Leader" is
FIRST -CITIZENS BANK &TRUST COMPANY
Lender is a NC BANKING CORPORATION
organized and existing under the laws of NORTH CAROLINA
Lender's address is
539 N MAIN STREET
HENDERSONVILLE, NC 28792
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(C-1) The name of the Mortgage Broker is N/A
(D) "Trustee" is
NEUSEINCORPORATED
(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. MERE is the beneficiary under this Security Instrument. MERS is
organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI
48501-2026, tel. (888) 679-MERS.
(1) "Note" means the promissory note signed by Borrower and dated
The Note states that Borrower owes Lender April 12, 2012
Four Hundred Seventeen Thousand and 00/100
(U.S. $ 417,000.00 pDollars
plus interest. Borrower has promised to pay this debt in regular Periodic Payments
and to pay the debt in full not later than May 1, 2042
(G) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(10 "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 be
executed by Borrower [check box as applicable]:
❑ Adjustable Rate Rider El Condominium Rider
❑❑Second Home Rider
Balloon Rider
❑ Planned Unit Development Rider ❑ 14 Family Rider
E3VA Rider 0 Biweeklypayment Rider
M Other(s) [specify]
Borrower -Maker Rider
(J) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative mles and orders (that have the effect of law) as well as all applicable final, non -appealable judicial opinions.
(IQ "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are
imposed on Borrower or the Property by a condominium association, homeowners association or similarorganization.
(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 Section 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; (ii) condemnation or other taking of all or any part of the Property; (iiconveyance in lieu of condemnation; or (iv)
i) misrepresentations, of, or omissions as to, the value and/or condition of the Property.
I.
(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 trader the Note, plus (ii) any
amounts under Section 3'of this Security Instrument.
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(Q) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et se
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 re9•) and its implementing
regulation that governs the same subject matter. As used in this Security Instrument "RESPA" refers to all
requirements and restrictions that are imposed im regard to a "federally related mortgage loan" even if the Loan does not
qualify as a "federally related mortgage loan" under RESPA.
(R) "Succassor 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 n this Security Instrement is MERS (solely as nominee for Lender and Lender's successors and assigns)
the successors and assigns of MERS. This Security Instrument secures to Lender: (i) the
renewals, extensions and modifications of the Note- and (ii) the performance of Borrower s covenants and a and
this Security Instrument and the Note. For this repayment of the Lone and all
successors and assigns, in trust, with power of salu folBlowing drowerescribed b Beements under
Y grants and conveys to Trustee and Trustee's
County Property located in fire
fiYPe of Recording Jurisdiction] of NEW HANOVER
SEE ATTACHED E)CMIT "A„ llVsme of Recording Jurisdiction]
Parcel ID Number:
7401 MMONBORO SOUND ROAD
which currently has the address of
WILMINGTON
("Property Address"): f'M' North Carolina 28409 [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 ali easements, appurtenances, and factures now or hereafter apart
of the property, All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is
,of
to in this Security Instrument as the "Property" Borrower understands and agrees that MERS holds onlyle
the interests grunted by Borrower in this Security I°strumemt but if necessary to comply with law or custom MERS as
nominee for Lender and Lender's successors and assigns) gal title to
not limited to, the right to foreclose and sell the Property; the right: to exercise any or all of those interests, including,MEbut
to, releasing and canceling this Security Instrwnent' and take any actron required of Lender including, but not limited
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to
convey e e property and that the Property is unencumbered except for encumbrances of record. Borrower warrants and will
defend generally the title to the Property !+� grant and
p riy against all claims and demands, subject to any encumbrances of record
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THIS SECURITY INSTRUMENT combines uniform covenants for national use
variations by jurisdiction to constitute a uniform security instrument coverand non -uniform covenants with limited
ing real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1, Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when
due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under
the Note, Borrower shall also pay funds for Escrow Items pursuant to Section 3. Pa
ymendue under the
Security Instrument shall be made in U.S. currency. However, if any check or other instrument�received by LenderNote
and this
under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all sub equentt
payments due under the Note and this Security Instrument be made in one or more of the fallowing 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 the 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 an unapplied funds, Lender may hold such unepplied 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 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
fall payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments
shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not
extend or postpone the due date, or change the amount, of the Periodic Payments.
3. 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 alien or encumbrance on the Property; (b) lea ehold 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 premiumss
, 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.
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Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the
Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may
waive Borrower's obligation to pay to 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 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 "cbvenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a
waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay
such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke
the waiver as to any or all Escrow items at any time by a notice given in accordance with Section 15 and, upon such
revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
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 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 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 lien in a manner acceptable to Lender, but only so long as Borrower is
performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal
proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending,
but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender
subordinating the lien to this Security Instrument.
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r If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrument,
Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is
shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
given Borrower
Lender may require Borrower to pay aone-thee 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 requres pursuant to the preceding sentences can
change during the term of the Loan, The insurance carrier providing the insurance shall be chosen by Borrower subject to
Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determinaon certification and tracking
ti
services; or (b) a one-time charge for flood zone determination and certification services and
remappings or similar changes occur which reasonably might affect such deteisubsequent charges each time
rmnation or certification. Borrower shall
responsible for the payment of any fees imposed by Ore Federal Emergency Management also be
Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's
option and Borrower's expense. Lender is under no obligation to purchase an
y Particular tyTherefore, such coverage shall cover Lender, but might or might not protect Borrower, wer'soequity nnthe Property,
to the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage thawas
Previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed
the cost of insurance that Borrower could have obtained. Any become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate
payment. amounts disbursed by Lender under this Section 5 shall
from the date of disbursement and shall be payable, with such interest, upon notice from Leader to Borrower requesting
All insurance policies required by Lender and renewals of such policies shall be subject to Lenders 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 writin
g 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
Lender may disburse proceeds for the repairs and restoration in a single payment or in a series al
ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Proceeds, Lender shall not be required to pay Borrower any interest or eamiprogress payments as the
work is completed Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance
ngs on such proceeds.
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7—./Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall
be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be
` lessened, the 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 Bonpwer 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,
Lender acquires the Property under Section 22 or otherwise, Borrower hereb
then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if
y assigns to Lender (a) Borrowers 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
Instrumenk whether or not then due.
6. occupancy. Borrower shall occupy, establish, and use the Property as Borrowers principal residence within 60 days
after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for
at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair
the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the
Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to
its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower
shall promptly repair the Property damaged to avoid further deterioration or damage. If insurance or condemnation proceeds
are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring
the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation
proceeds are not sufficient to repair or restore the Property, Borrower is obligation for the
completion of such repair or restoration. not relieved of Borrowers
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, of with
inaccurate information or statements to Lender (or failed to provide Lender with material information) in
connection Of
the Loan. Material representations include, but are not limited to, representations concerning Borrower's
occupancy of the Property as Borrower s principal residence,
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument If (a) Borrower fails to
Perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might
significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in
bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security
Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for
whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security lnstrumenk
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
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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 or 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. (t 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 shalt 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 tender 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 in effect, if permitted under Applicable Law, or to provide a non-refundable loss reserve, until Lender's requirement
for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such
termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower
does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and, may enter into agreements
with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that 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 reinsurer, any other entity, or
any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as)
a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or
reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share
of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further:
NORM CARCU UI • Single FQMUy • Fmn6 MaalFMddk Mae UNIFORM INSn1UMENr WON MERa .prod or TNot
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' (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 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, nif 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 secured
of the sums
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 writing, the
Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then
due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in
the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within defined
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 ll not then due. "Opposing Party" means
the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard
to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment,
could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this
Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by
causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the P
or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The progeedsIMM
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.
JUN 11 2014
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All Miscellaneous Proceeds that are not applied to restoration or repair of the Property provided for in Section 2. p rty shall be applied in the order
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of
!i 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
required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for paymBorrower. Lender shall not be
tr
oen
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 in
amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that
Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument
but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey,
sums the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the
forbear ornmake ed any thisSecurity
with'regard to the terms of this Sd (c) agrees that Lender ecurity Insd any trument unent er or the Note wer can without the co-sign 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 Leader 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. Leader 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 constmed 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 ]aw which sets ,maximum loan charges, and that law is finally interpreted so that the interest or
other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, 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.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any
notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed
by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any 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 one time.
NORTH CARWNA - 9InSN gmliy • FannN MaalFmddb Mac UNIFORM INSTRUMENT WON MERE .Old of Trull
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Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lenders 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 Lawrequirement will satisfy the corresponding requirement
under this Security Instrument.
16. Guverning Law; Severabfifty; Rules of Construction. This Security Instrument shall be governed by federal law and
the law of Rile 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 implicitlyallow 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 rile 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.
1& 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.
19. 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 Security Instrument and
obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shMECEWM
not apply in the case of acceleration under Section 18.
2& Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together, }t((tfi
IF
this Security Instrument) can be sold one or more times without prior notice to Borrower, i sale might result of a change ' 1 2�)4
entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and
performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. c
rcy "D 9ITY
NORTH CAROLINA -91npM Family -FannM MWFmdN1e Mae UNIFORM Nn1RUMENr WRR MERE .ae.E of Tu.f
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x F .-' ✓ There also might be one . or more changes of the Loan S
Servicer, Borrower will be given written notice of ervices unrelated to a sale of the Note. If there is a change of the Loan
e address to which payments the change which will state the name and address of the new Loan Servicer,
r' thshould be made and any other information RESPA requires in connection with a notice of
transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the
Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor
Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the
member of a class) that arises from f, other parry s actions
party has breached any provision of pursuant to this Security Instrument or that alleges that the other
or any duty owed by reason of, this Security Instrument, until such Borrower or Lender
has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach
and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable
Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to
Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
Opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as
toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene,
other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos
or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the
Property is located that relate to health, safety or environmental protection; (c) 'Environmental Cleanup" includes any
response action, remedial action, or removal action, as defined in Environmental Law; and (d) an 'Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or
threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do,
anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental
Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely
affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property
of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to .
maintenance of the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any
governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental
Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling,
leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use
or release of a Hazardous Substance which adversely affects the value of the Property, If Borrower learns, or is notified by any
governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly .take all necessary remedial actions in accor
Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. dance with
r
8" CAROM - 61ngb F1MRY - Fannb MgWrgddk Mae UNIFORM INSTRUMENT WOa HERS
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Page 13 a 15
RECEIVED
C� DCM WILMING ON, N(
'0AY 01 �6 2014
NON -UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
11
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of
any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable
Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not
less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to
cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security
Instrument and sale of the Property. The notice shad further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to
acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require
immediate payment in full of an 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 shah 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
applywhether before or after any judgment on the Indebtedness evidenced bythe 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 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
appointed hereunder by an instrument recorded in the county in which
conveyance of the Property, the successor trustee shall succeed to all the
herein and by Applicable Law.
25. Attorneys' Fees. Attorneys' fees must be reasonable.
NORTH NMP ® OAAODNA . Sanal, FamYy . Fann4 a aWFr ddM Mac UNIFORM INSTRUMENT' WfrN MERa . Dad d r,us1
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and appoint a successor trustee to any Trustee
this Security Instrument is recorded. Without
title, power and duties conferred upon Trustee
InWals:
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Page 13 d 15
RECEIVED
DCM WILMINGTON, NC
SIGNINGBY
Instrumentand in nyUNDER SEAL
Rider executed by B' Rower andc recorded dwitthh its to the terms and covenants contained in this Security
Witnesses;
WILLIAMS
ANNE C
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(Seal)
-Borrower
_ (Seal)
-Borrower
(Seal)
-BOrrOWer
(Seal)
-Borrower
Fmm mu tm1
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RECEIVED
DCM WILMINGTON, NC
MAY 0, b' 2014
5,.
STATE OF NORTH CAROLINA, Oew Hanover.
I Bonnie H i3ro.,dw countyss:
a Notary Public of the County of New FiGnovey-
certify that Co y-\., ". t� i 11 i t>`rn 5 C., d
, State of North Carolina, do hereby
A vk_a, { C .
who is/are known. to me or proved to me on the basis of satisfactory evidence to be the person(s) described, personally
appeared before me this day, each acknowledging tome that he/she/they voluntarily signed the foregoing instrument for the
Purpose stated therein, and in the capacity indicated.
Witness my hand and official seal this I ash
$�lu2-
day of P l ZO 12 My Commission Expires: �
� l
Bonnie M Bnlutiway
NOTARY PUBLIC
New Hanovef Courtly, NC Nosy Public
My Commission Expires August 16, 2012
STATE OF NORTH CAROLINA,
The foregoing certificate of
a Notary Public of the County of
is certified to be correct.
This day of
M
County ss:
State of=CEIVED
�I
JUN 1 1 2014
Deputy Assistant
NORTN WOnNN - SN I. F..Vy . F ..4 YwFMd4 M. UIYI INDiRUYEM N7f11 YERI , OUE 7,yN
VMP Y NIFO
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DDS-6NC
Registrar of Deeds
bC.V.j!.qCITY
R
Fan 3011 UN
NYIYc VWW T( 140
Cute! At&)
RECEIVED
DCM WILMINGTON, NC
Loan No: MC0070 — 0102328
MIN: 100113412345736069
BORROWER -MAKER RIDER
This Rider is made as of April 12, 2012
amend and supplement the Mortgage, Deed of Trost, or Security Deed and intorail Riders xecuted in connd shall be c tion
therewith (the "Security Instrument") of the same date given by the undersigned to secure a promissory
note of the same date to First -Citizens Bank & Trust Company ("Lender) and covering the property
described in the Security Instrument (the "Property"), which is located at:
7401 MASONBORO SOUND ROAD
WILMINGTON, NC 28409
(Property Address)
BACKGROUND: The Security Instrument is a standard Fannie Mae/Freddie When their
Ma
identity is different, the Security Instrument does not clearly draw a distinction between c instrument those who have
an ownership or other interest in the Property, and (ii) those who are obligated as makers of the Note. The
text of the Security Instrument presumes that each person named as a "Borrower" in the definition of the
term "Borrower" is both (i) a person who has an ownership or other interest in the Property, and (ii) a maker
of the Note secured by the Security Instrument. In this particular Loan transaction, either (i) at least one
Person who has an ownership or other interest in the Property (and as a result is identified as a "Borrower"
in the Security Instrument) is not a makerof the Nate, or (ii) at least one makerof the Note has no ownership
or other interest in the Property (and is therefore not identified as a "Borrower" in the Security Instrument).
The purposes of this Rider are to:
O Correctly identify the Note secured by the Security Instrument;
• Clearly distinguish between (i) those who have an ownership or other interest in the Property, and
(ii) those who are obligated as makers of the Note, and clarify the responsibilities of each;
• Provide for the interpretation of the tent "Borrower" as that term is used in differing contexts in the
Security Instrument; and
a Clarify the responsibilities and liability of a non -owner spouse.
ADDITIONAL PROVISIONS: In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender father covenant and agree as follows:
Page 1 of 4
. 11111111111111111111 I I II II I I I II II I I III I IHI I I IHII I H I If IIImII I I H IIIIII I Ilil l
WK0010867001004031082MC0070-0102328
RECEIVED
DCM WILMINGTON, NC
i11AY Yi 8 2011.
1. Definitions. As used in this Rider (and solely for purposes of this Rider):
(a) The term "Grantor" means each person named as a "Borrower" in the definition of the term
"Borrower" appearing in the section of the Security Instrument entitled "DEFINITIONS."
(b) The Term "Maker" means each person who signed the Note and each person who at any time
assumes or otherwise becomes primarily liable on the Note.
(c) Capitalized terms not otherwise defined or clarified in this Rider shall have the meaning attributed
to them in the Security Instrument.
2. The Note. The definition of the term "Note" appearing in the section of the Security Instrument
entitled "DEFINITIONS" is amended and corrected to read as follows:
"Note" means the promissory note dated April 12, 2012
of Lender, and signed by the following maker or makers (each a "Maker")Payable to the order
CORYM WILLIAMS
The Nate states that each Maker of the Note jointly and severally owes Lender
Four Hundred Seventeen Thousand and 00/100
(U.S. $ 417,000.00 ) plus interest. Each Maker has jointly and severall Dollars
to pay this debt in regular Periodic Pa y promised
May 1, 2042 Yments and to pay the deb full not later than
3. Interpretation of the term "Borrower, -,In each instance in which the term "Borrower" is used in the
Security Instrument in the context of establishing, defining, or limiting the rights, obligations, or duties
of.
(a) A person who is obligated as a maker of the Note, the term "Borrower" shall be interpreted and
construed to mean each Maker, jointly and severally.
(b) A person who has an ownership or other interest in the Property, the term "Borrower" shall be
interpreted and construed to mean each Grantor, jointly and severally.
(c) A person who is not only obligated as a maker of the Note but who also has an ownership or other
interest in the Property, the term "Borrower" shall be interpreted and construed to mean each
Maker and each Grantor, jointly and severally.
4. Grantor's Obligations
(a) Each Grantor covenants and agrees that:
0) Each Grantor's obligations and liability under the Security Instrument shall be joint and
several.
00 Each Grantor who is also a Maker shall pay when due (A) the principal of and interest on the
debt evidenced by the Note, (B) any prepayment charges and late charges due under the Note,
and (C) funds for Escrow Items pursuant to section 3 of the Security Instrument.
(b) Notwithstanding any provision in the Security Agreement or this Rider to the con who is not also a Maker (i) has executed the Security Instrument otruly, any Grantor
nly to mortgage, encumber, grant
and convey the said Grantor's interest in the Property under the terms of the Security Instrument,
and (ii)is not personally obligated to pay the Note.
Page 2 of 4
II IN01111111111111lll11111llIll1111IIII I1I1
WK0010867002004032082MC0070-0102328
RECE
DCM WECEIVED
ILMIINGTON, NO
JUN 1 1 2014
DCM MHD CrM
5. Spousal Joid¢r, For purposes of this Rider, a "non -owner spouse" is an
ownership interest in the Property but who is married to a Grantor who has an ownership interest in the
Property. Each non -owner spouse si Y Grantor who has no
and convey his or her interest in the Pon ¢the Security Instrument only to mortgage, encumber, grant
of any other Grantor Property (including any interest he or she may have as the spouse
under the terms of the Security Instnment. A non -owner spouse makes no
warranties with respect to the Property, shall not be obligated with respect to the Property, and shall not incur any of the to perform any of the duties of a Grantor
Property, liabilities of a Grantor with respect to the
6. Grantor's
(a) Lender may do or not do any of the following with respect to the Note without Grantor's
knowledge, consent or joinder and with
Security Instrument: out affecting or lessening Grantor's liabilityunder the
(i) grant extensions of time for payment; (ii) groat renewals.iii
modifications of payment terms ar other terms or conditions;
accommodations with regard to the terms of the Note; ma putt
guarantors of the Note from liability;any
forbear or make any
(v) release eny one or more Makers or
(vii Permit the Note to be as (�) exchange or release any collateral or other security, and
) P assumed.
(b) To the extent permitted by applicable law, each Grantor expressly waives all benefits, claims, rights
and defenses Grantor may have or acquire (including any claim to be released from liability)
based on any of the following: (i) any "one. action," "and -deficiency," Prevent Lender from bay
rioer tint are
the Note, before or after Leaders commencement or completionirn for aOf¢any aforeclosunstre any
ma aw that r f
deficiency, against any maker of election of remedies by Lender that impairs Grantor's subrogation rights or Grantor's right to
Proceed against aneffort; () Y
Yof maker of the Note for reimbursement; (iii) any right to claim a discharge or
release on the basis Uniform
Cc unjustified impairmentofc (iii)ollatnyal, the provisions of Sections 3-
Car Carolina
3. en ra the Uniform he a;ercial Code, or the provisions of Section 45 45.1 of the North
Carolina General Statutes (or the corresponding provisions of the laws of any other state or states) -
exoneration
any statutory or common law provision limiting the liability of or requiring the discharge or
exoneration of a guarantor or surety, (v) any law that would require Lender to recover against any
Maker or from any other person or entity and/or to realize upon any collateral security in any
Particular order; (vi) any statutory or common law provision that releases, discharges, or limits the
liability of a remaining debtor following the release of a joint debtor; (vii) any defenses
guarantors at law or in equity other than the actual performance and ato
obligations; or (v"i)any legal or equitable doctrine or Given d
p yment in full of all secured
(c) Lender shall not be required to sell or dispose of any oll principle
in inverse Order of alienation or in
any other particular order.
(d) Nothing will discharge or satisfy any Grantor's obligations under the Security Instrument except
the full and final performance and payment of all secured obligations (including the Note), without
deduction by reason of setoff, defense, or counterclaim.
�' Lwitation Nothing in this Rider is intnded to diminish, limit, or affect. any liability of Grantor to Lender
as amakerofthe Note or under any separate guaranty or any other instrument.
Pagep3 of 44
�II eIII��I�Illllllll� IIII���III�I�I�II'�IINIIIIIII��III II�I'I����Il�����a�lsl��l�l�
WK0010067003004033082MC0070 01o232B
:R
RECEIVED
DCM WILMINGTON, N(
M, AY v C' 2 1 I4 1
Ey signing below, each Grantor accepts and agrees to the teens and provisions of this Rider.
(r[an(pinv nu.L1AMJ
V �"� ✓ �l�A..
Grantor AMVE C WILLIAMS ✓�
r
(SEAL)
(SEAL)
Grantor (SEAL)
Grantor
(SEAL)
Page 4 ol'4
VIa�IIIII�INI0II10II7I0III040I40IIMC0002328
IIIiIIIIIIIIIIIIIIIIN
RECEIVED
JUN 11 2014
I)CMmD C.
RECEIVED
DCM WILMINGTON, N(
ATTACHMENT
G ALL OF LOT 1-R OF THE REDIVISION OF THE FREDERICK GRAHAM DIVISION ACCORDING TO THE
rvhr THEREOF RECORDED IN MAP BOOK 27 AT PAGE 87 OF THE NEW HANOVER COUNTY REGISTRY,
REFERENCE TO WHICH IS MAP IS HEREBY MADE FOR A MORE PARTICULAR DESCRIPTION.
TOGETHER WITH A 15 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS AND ACROSS LOT 2-
OF ABOVE REFERENCED DIVISION AS SHOWN ON MAP RECORDED IN MAP BOOK 27 AT PAGE 87. R
THE
g
RECEIVED
DCM WILMINGTON, NC
kiAy 0; ± 201.4
12 CNF 3991
7401 Masonboro Sound Road, Wilmington, NC 28409
1
NTY;
v^
�I.l.
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
%RYR#4}#}h4#%#Rt}%f;RhRMY4%41#R1R#!#%tiR#hR#R#R%fi44R%h1h R%ht;R%4#4i;R;hYR#Rt#%}4#}%;Rfi Rfi}R;#%t#}!#R#h#hi;R}R#}f}Rfilf}t#
Filed For Registration:
Book:
Document No.:
Recorder:
04/13/2012 02:33:59 PM
RE 5633 Page: 438-458
2012012183
21 PGS $76.00
CRESWELL, ANDREA
State of North Carolina, County of New Hanover
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
*2012012183*
2012012183
. RECEIVflD
JUN 11 20%
DCMMMDCffY
RECEIVED
DCM WILMINGTON, NC
F d S Marine Contractors, Inc.
P.O Box 868
Wrightsville Beach, N.C. 28480
Phone/Fox 910-256-3062
25 April 2014
NCDENR
Wilmington, N.C.
Capt. Ed Flynn
Durwood Sykes
email.-efly@msn.com
The enclosed CAMA Major Permit application for Dr. Cory Williams, 7401
Masonboro Sound Rd., Wilmington, N.C. 28409, is to add a 105r14' deck at
the waterward end of the existing fixed pier, add an 85r20' floating dock
and install a boatlift at the existing dock. The proposed addition will make a
total of four bootslips
The existing dock facility and proposed additions are for the applicants'
family use.
RECEIVED
r
AY 2 3 2014
DCM MHD CITY
Complete Marine Construction Service For Over 35 Years
Piers - Bulkheads - Floating Docks - Boatlifts - Pilings - Repairs RECEIVED
DCM WILMINGTON, NC
NCDEE . R
North Carolina Department of Environment and Natural Resources
Pat McCrory,
Governor
May 20, 2014
Advertising@stamewsonline.com
2 Pages
Star News
Legal Advertisement Section
Post Office Box 840
Wilmington, North Carolina 28402
John E. Skvarla, III
Secretary
Re: Division of Coastal Management Major Public Notice for Cory Williams
Kyle & Heather: Please publish the attached Notice in the Friday, May 23, 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 & Customer Support
Division of Coastal Management
cc: WiRO
Jonathan Howell - MHC DCM
Ronnie Smith - USACE
Michele Walker- DCM RECEIVED
AY 2 8 71`114
rMDCM-NfflD
CITY
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796.7215 \ FAX: 910-395-39641ntemet: www.nccoastalmanagement.net
An Equal Opportunity \ ABinnative Action Employer
NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environment and Natural Resources hereby gives public notice as required by NCGS
113A-119(b) that the following application was submitted for a development permit in an Area of
Environmental Concern as designated under the CAMA. According to said application, Cory Williams proposes
to expand an existing docking facility at 7401 Masonboro Sound Rd., adjacent to Masonboro Sound in
Wilmington, New Hanover County. A copy of the application may be examined or copied at the office of Tara
MacPherson, N.C. Dept. of Environment & Natural Resources, Div. of Coastal Management, 127 Cardinal
Drive Ext., Wilmington, North Carolina 28405, (910-796-7425) 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 June 13, 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 these matters will be provided upon written request.
rr
RECEIVEDAY 2 3 7P14
CAI A,U . C".
MAJOR PERMIT FEE SCHEDULE
Williams / $250 / New Hanover Co.
DCM %
DWQ %
Development Type
Fee
14300160143510009316256253
2430016024351000952341
I. Private, non-commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$250
100%
$250
0%
$0
11. Public or commercial development that does
not involve the filling or excavation of any
wetlands or open water areas:
$400
100%
$400
0%
$0
III. For development that involves the filling
and/or excavation of up to 1 acre of wetlands
and/or open water areas, determine if A,B, C,
r D below applies:
III(A). Private, non-commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$250
100%
$250
0%
$0
11I(B). Public or commercial development, if
General Water Quality Certification No. 3490
See attached can be applied:
$400
100%
$400
00/
$0
III(C). If General Water Quality Certification No.
90 (see attached) could be applied, but DCM
staff determined that additional review and written
DWQ concurrence is needed because of
concerns related to water quality or 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
rnRECEIVEDAY 2 3 2014
CM•M.FPJ CITY
vhc
Date Received
Check From (Name)
Name of Permit Holder
Check Number
Check amount
Permit Number/Comments
NOTES
5/5/2014
McKim and Creed
Blair Booth 175924
$100.00
Transfer 76-97
5/6/2014
John D. & Pamela A. DeBell, Jr
7771
$100.00
Minor mod. 114-13
5/6/2014
Catherine Kelly
10649
$497.00
NOV # 14-04D
5/7/2014
Grice Construction
6909
$200.00
GP fee for 1211 canal Dr. SB
5/8/2014
F and S Marine Contractors Inc
Co Williams
3732
$250.00
IMP appl. 7401 Masonboro Sound Road
Z
LU
Luz
w— _.
wg
g
U
a
APR-14-2010 013:52 From; 7o:9102S63062 P.1/1
North Carolina DeparbMrit of EnE� t and Natural Resources
Divldoa of Coastal Managertianl
"dy leaves PWU$
James H, drepson
Governor
....,-r,Y of iY�InRtLnTtON FORM
Date: y/�`/
Na5f Pror2 owner Applying for Perm,".
Owners Mailing Addreas:
Phone
Dee Freeman
wretary
Nema of thodzsd Agent for this proled
• �{� 1 '14Y
I ow tfy that I have euthoriied the agent listed above to act on my behalf, for the Purpose of aPPiying
for an4 ni g e Permits necessary to Install or construct the following (activity))
Ir
(MY Property located) at
This certification is vai►d thfU (date)
40 v�P,
Date
roperty Owner Signature
on, HC 2w to
RECEIVED
q
v
MAY 2 3 2014
ACM MHDCITY
4Caro IM
DCMWILMINGTON, NC
LTXWA
NCDENIR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 20, 2014
F & S Marine Contractors, Inc.
C/o Ed Flynn
P.O. Box 868
Wrightsville Beach, NC 28480
Dear Mr. Flynn:
John E. Skvarla, III
Secretary
The Division of Coastal Management hereby acknowledges that on May 8, 2014 we received your completed
application, acting as agent for Cory Williams, whereby you are requesting State approval for the development of
property located at 7401 Masonboro Sound Road, adjacent to Masonboro Sound/AIWW, in Wilmington, New
Hanover County. The projected deadline for making a decision on your permit application is July 23, 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 May 8, 2013 you may request a meeting with
the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,% % REC61V8D
Tara MacPherson
Field Representative MAY 2 3 2014
cc: Jonathan Howell, DCM
Ronnie Smith, USACOE DCMMHDCITY
Patricia Roberts, New Hanover County
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccDastaimanagement.net
An Equal Opportunity 1 Affirmative Action Employer
R
{9
y} ,
V 11
Y.
CAMA PERMIT
APPLIED FOR
w 9Applicant proposes to expand an existing
� N
O
> PkK*QkT1Ar%0m mow. . ..
.5
COMMENTS ACCEPTED THROUGH urge 13, 2014
APPLICANT:
nty.
FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
�1 INC Div. of Coastal Management
127 Cardinal Dr. Ext.
Wilmington, NC 28405
Tara MacPherson, Field Representative
910-796-7425
2012012182
FOR REGISTRATION REGISTER OF DEEDS
JENNIFER H. MACNEISH
NEW HANOVER COUNTY, NC
2012 APR 13 02:33:59 PN
BUM PG 434-437 FEE:$25.00
NC REV STANP:$1,920.00
INSTRUMENT # NTT
SPECIAL WARRANTY DEED
Excise Tax: $ OX 00 CNr
Tax ID#: R06700-005-010-QO1
Property AddressCAb Afff, f Lt' ROAD, WILMINGTON, NC 28409
Mail to: Attorneys at Law,
701 Market n��nn11
Drawn by: LancastexWlknlp�tir ei;V.Y1.
4430 Park Road
Charlotte, NC 28209
(704) 525-1702
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
THIS INDENTURE Made this �L day of AZA , 2012,
between ING BANK FSB, hereafter GRANTOR, and CORY M. WILLIAMS and wife,
ANNE C. WILLIAMS, hereafter GRANTEE. The designation Grantor and
Grantee as used herein shall include said parties, their heirs,
successors, and assigns, and shall include singular, plural masculine,
feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the
Grantee, the receipt of which is hereby acknowledged, has and by these
presents does grant, bargain, sell and convey unto the Grantee in fee
simple, all that certain lot or parcel of land situated in NEW HANOVER
County, North Carolina and more particularly described as follows:
BEING ALL OF LOT 1-R OF THE REDIVISION OF THE FREDERICK
GRAHAM DIVISION ACCORDING TO THE MAY THEREOF RECORDED IN MAP
BOOK 27 AT PAGE 87 OF THE NEW HANOVER COUNTY REGISTRY,
REFERENCE TO WHICH MAP IS HEREBY MADE FOR A MORE PARTICULAR
DESCRIPTION.
TOGETHER WITH A 15 FOOT WIDE EASEMENT FOR INGRESS AND EGRESS
OVER AND ACROSS LOT 2-R OF THE ABOVE -REFERENCED DIVISION. AS
UG BMW ON MAP RECORDED IN MAP BOOK 27 AT PAGE 87.
RECEIVED
tw 2 3 2014 DCM WILMINGTON, NO
il DCM "M C!TY
SUBJECT TO DECLARATION OF COVENANTS,CONDITIONS AND
RESTRICTIONS OF FREDERICK GRAHAM DIVISION RECORDED IN BOOK
1382, PAGE 373 NEW HANOVER COUNTY REGISTRY.
Deed Reference: Book 5605 Page 636
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all
privileges and appurtenances thereto belonging. -to .Grantee in -fee
simple.
And the Grantor covenants with the Grantee, the Grantor has done
nothing to impair such title as Grantor received, and Grantor will
warrant and defend the title against the lawful claims of all persons
claiming by, under or through Grantor.
IN WITNESS WHEREOF, the Grantor has hereunto set his hand, or if
corporate, has caused this instrument to be signed in its corporate
name by its duly authorized officers by authority of its Board of
Directors, the day and year first above written.
ING BANK FSB
By: NRT REOEX ERT LLCIapAttorney-in-Fact
By:
i/-PYPR11'�PT�"
Ximena Wolf
Wear)
MAY 2 3 2014
11
DCWMffD CITY
RECEIVED
DCM WILMINGTON, NC
STATE OF
COUNTY OF I Q ✓
On this day of APr11 2012, before me, the undersigned
Notary Public, personally appeared Ximena VOIf
personally known to me to be the Art" -President of NRT
REOEXPERTS LLC (.the !'Executing Entity" }. and being by me. duly sworn and
known to me to be the person who executed the within instrument on
behalf of said Executing Entity, a company that executed and whose name
is subscribed to the within instrument as the attorney -in -fact for ING
BANK FSB and acknowledged to me that he/she subscribed the name of ING
BANK FSB thereto as principal and the name of the Executing Entity as
Attorney -in -Fact for said ING BANK FSB and that the Executing Entity
executed the same as such attorney in fact and that the authority to
execute and acknowledge said instrument is contained in an instrument
duly executed, acknowledged, and recorded in the Office of the Register
of Deeds, County of WAKE, State of North Carolina, on the .?y�h day
of /1?Rnah , 2012,_, Book &701�_ at Page _ c&o
WITNESS my hand and official seal.
My Commission Expires: 6w-z ,f �6
(Notary Seal)
s ��P"'••,, MELISA CURRA
a Notary Public - State of Florida
c' My Comm. Expires Dec 28, 2015
Commission # EE 156167
RECEIVED
MAY 2 8 2014
DCMMHDCITY
RECEIVED'
DCM WILMINGTON, NC
0 8 2014
3
G�
IIS10
JENNIFER H. MACNEISH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WILMINGTON, NC 28401
MfftRRttfYYRf#R#t#h#h##iRRR1RRR#ttttt#t#tRf#4##rtt#tt*t#*t*#ttk###t**##i#R##Rf RfiifRRRR1RRRR1fff#f#ffffRftfftRRf#1#tiYft
Filed For Registration:
Book:
Document No.:
NC REAL ESTATE EXCISE TAX:
Recorder:
04/13/2012 02:33:59 PM
RE 5633 Page: 434-437
2012012182
4 PGS $26.00
$1,920.00
CRESWELL,ANDREA
State of North Carolina, County of New Hanover
10 RECEIVED
MAY 232014
DCM•MHD CITY
A
PLEASE RETAIN YELLOW TRAILER PAGE WITH ORIGINAL DOCUMENT.
DCM WILT j NIGTON. NC
*2012012182* ',r0t2014
M
1111111 1111111111IIIIIIII
2012012183
FOR REGISTRATION REGISTER OF DEEDSi
JENNIFER H. MACNEISH
NEW HANOVER COUNTY, NC
2012 APR 13 02:33:59 PM
8N:5633 PG:438-458 FEE416.00
DEED OF TRUST
Return To: FIRST -CITIZENS BANK &TRUST COMPANY
PO BOX 4500
HENDERSONVILLE, NC 28793
Prepared By: FBLST-CITIZENS BANK &TRUST COMPANY
PO BOX 4500
HENDERSONVILLE, NC 28793-45
��� Bi CA,416 1-t Fo x, PI-L(
70, /`Y�(t, I ff
Loan Number: MC0070 — 0102328
S Cr� j c
MIN 100113412345736069
DEFINITIONS
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
together with all Riders to this document April 12, 2012
(B) "Borrower" is
CORY M WILLIAMS AND ANNE C WILLIAMS, HUSBAND AND WIFE
Borrower is the trustor under this Security InstmmeoL
(C) "Leader" is
FIRST -CITIZENS BANK &TRUST COMPANY
Lender is a NC BANKING CORPORATION
organized and existing under the laws of NORTH CAROLINA
Lender's address is
539 N MAIN STREET
HENDERSONVILLE, NC 28792
ROM CAROLIar . 51o216 Fanry. . FW* IlrFlaldF NN UNNO W OURNM
1MIt UERS .ONE o/ Truat
IND"M N~ Flnand j S.,,,a
DDS6NC
RECEIVED
MAY 2 8 2014
DCM MHD CITY
Fa 303a Ipt
Inlbb: VMP%K) (W3).w
Papa I Of 15
04kw .Aet,)
III IIIII1111111111111IIIIII11111111111II11II1111111111111111111111111111111II11it1111111111I1
fi
RECEIVED
DCM WILMINGTON, NC
MAY 0 8 2014
(C-1) The name of the Mortgage Broker is N/A
(D) "Trustee" is
NEUSE INCORPORATED
(E) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a
nominee for Lender and Lender's successors and assigns. MERS is the beneficiary under this Security Instrument. MERS is
organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI
48501-2026, tel. (888) 679-MERS.
(F) "Note" means the promissory note signed by Borrower and dated April 12, 2012
The Note states that Borrower owes Lender
Four Hundred Seventeen Thousand and 00/100
(U.S. $ 417,000.00 Dollars
plus interest. Borrower has promised to pay this debt in regular Periodic Payments
and to pay the debt in full not later than May 1, 2042
(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.
(I) "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
❑ Balloon Rider El Second Home Rider
❑ Planned Unit Development Rider ❑ 1-4FamilyRider RECEMT>
❑ VA Rider ❑ Biweekly Payment Rider
❑x Other(s) [specify] MAY 2 3 2014
Borrower -Maker Rider
DCM-MHD CITY
(.) "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.
QQ "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 Section 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; (ii) condemnation or other taking of all or any part of the Property; (iii)conveyance in lieu of condemnation; or (iv)
misrepresentations of, or omissions as to, the value and/or condition of the Property.
(0) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(P) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any
amounts under Section 3 of this Security Instrument.
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