87-23 Johnson, Andrew & Heidi

.o.,•,•, •44-0.4%.o.:osaoo:aoaooaaooa:a:o-oa000aaaaaaoaoaooeaaoaoaa:aooaaa:aaao•
Permit Class Permit Number
NEW 87-23
STATE OF NORTH CAROLINA •
Department of Environmental Quality
and
Coastal Resources Commission
1crmit
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 Andrew and Heidi Johnson, 8740 Bald Eagle Lane, Wilmington,NC 28411
Authorizing development in New Hanover County at adj.to Middle Sound, at 8740 Bald Eagle
Lane, in Wilmington , as requested in the permittee's application dated 9/18/22 (MP-1), 6/22/23
(MP-3), and 11/8/22, including work plan drawings (2) Sheets 1-2 of 2 dated "revised 6/22/23".
This permit, issued on August 14, 2023 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to civil or criminal penalties; or may cause the permit to be null and void.
Docking Facility Expansion
1) This permit authorizes only the floating dock and uses located in or over the water that are expressly •
and specifically set forth in the permit application. No other structure, whether floating or stationary, •
shall become a permanent part of this docking facility without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit •
modification. •
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 3 formalized boat slips.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission.
This permit must be accessible on-site to Department
personnel when the project is inspected for compliance. /741.44/
Any maintenance work or project modification not covered
hereunder requires further Division approval. For Braxton C. Davis, Director
All work must cease when the permit expires on Division of Coastal Management
August 14,2028 This permit and its conditions are hereby accepted. •
In issuing this permit,the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
- a 0••.•: ,...^+*.I.*. -o-ao 10040101W-o-00640+4006+vr•06a000000011000o

000000ccoaoosacsaaaoaaoo:ococcsssscoo-a-ca¢as000-stosasaaoaascsasassocoaaoosocaccoca.a.o-> os.:bscaoaaas:osssooassassosssc:saasco ssooaasasoaaaacasaasascsssassassssasssaasaoseaaaacas:
Andrew and Heidi Johnson Permit No. 87-23
Page 2 of 3
ADDITIONAL CONDITIONS
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. 'This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
4) 7.
The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. 7.
Coast Guard,through regulation or otherwise, on the authorized facilities. At minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access.
7.
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 authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Shoreline Stabilization - Bulkhead
.77
8) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
9) No vegetated wetlands or open water shall be excavated or filled, even temporarily.
10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
12) The bulkhead shall be constructed prior to any backfilling activities.
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
14) This permit does not authorize any excavation waterward of the approved alignment.
15) The fill material shall be clean and free of any pollutants except in trace quantities.
16) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.

0 E7:0CdN•C-006C0:0606-0006
Andrew and Heidi Johnson Permit No. 87-23
Page 3 of 3
ADDITIONAL CONDITIONS
17) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
20) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
21) 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.
22) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
23) The permittee and/or their 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: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit
197800056 (Action ID SAW-2022-02606).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2017-0213.
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: An application processing fee of$400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

666666666C66666666a6666C-090:40{0+0+.666-066C66666666666600C666666666666.e.0,...,,,,m+946 -----., -- �''. ,, 6.666666666666660666666666660666666661660066666
Permit Class Permit Number
NEW
87-23
STATE OF NORTH CAROLINA
Department of Environmental Quality ,
and
Coastal Resources Commission
frmtt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-1 18
Excavation and/or filling pursuant to NCGS 113-229
gF.
Issued to Andrew and Heidi Johnson, 8740 Bald Eagle lane,
Authorizing development in New Hanover County at adj. to Middle Sound, at 8740 Bald Eagle
Lane, in Wilmington , as requested in the permittee's application dated 9/18/22 (MP-1), 6/22/23
(MP-3), and 11/8/22, including work plan drawings (2) Sheets 1-2 of 2 dated "revised 6/22/23".
This permit, issued on August 14, 2023 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to civil or criminal penalties; or may cause the permit to be null and void.
Docking Facility Expansion
• 1) This permit authorizes only the floating dock and uses located in or over the water that are expressly
and specifically set forth in the permit application. No other structure, whether floating or stationary,
shall become a permanent part of this docking facility without permit modification. No non-water
dependent uses of structures shall be conducted on, in or over Public Trust waters without permit
modification.
2) This permit does not authorize any new formalized boat slips. The docking facility is authorized for
no more than 3 formalized boat slips.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair
qualified persons within twenty(20)days of the issuing date. of the Coastal Resources Commission.
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. 44"...41-
For Braxton C. Davis, Director
All work must cease when the permit expires on Division of Coastal Management
August 14,2028 This permit and its conditions are hereby accepted.
F. In issuing this permit,the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee
6666666FO4.- `-•-•-++y—J-ypy4y66.66666066C66C?666666666666C

Andrew and Heidi Johnson Permit No. 87-23
Page 2 of 3
ADDITIONAL CONDITIONS
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring shall be considered a violation of this permit for which
the permittee is responsible. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
5) All portions of the authorized structure shall have a minimum setback distance of 15 feet between any
parts of the structure and the adjacent property owner's area of riparian access.
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 authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Shoreline Stabilization - Bulkhead
8) The bulkhead shall be constructed in accordance with the alignment depicted on the attached workplan
drawings.
9) No vegetated wetlands or open water shall be excavated or filled, even temporarily.
10) The alignment of the authorized bulkhead shall be staked by the permittee and verified by a
representative of the Division of Coastal Management within a maximum of 30 days prior to the start of
construction. Failure to initiate construction within 30 days, or erosion of the shoreline by adverse
weather conditions, shall require the alignment to be re-staked by permittee and verified by DCM within
a maximum of 30 days prior to the new expected start of construction.
11) The bulkhead shall be solid and constructed of treated wood, concrete slabs, metal or vinyl sheet piles,
or other suitable materials approved by Division personnel.
12) The bulkhead shall be constructed prior to any backfilling activities.
13) The bulkhead shall be structurally tight so as to prevent seepage of backfill materials through the
structure.
14) This permit does not authorize any excavation waterward of the approved alignment.
15) The fill material shall be clean and free of any pollutants except in trace quantities.
16) Unless altered herein, all backfill material shall be obtained from a high ground source and confined
behind the permitted bulkhead.
400477004C00040:04404444464PYS-009481140E4444440000400C400CCCSC0440CC.74

ddaddada7aaaddadddaaaddaaddddadaad6{iaaadaddddaaddadaadaddaa4aaaaa•aaaaddaddddaadadddddaddddaaaaadddaadddaaaddda0adddddaaddddaadddaddaddaaddaddaddddadddad-0aaadaaaddaddddadadaaad
Andrew and Heidi Johnson Permit No. 87-23
Page 3 of 3
ADDITIONAL CONDITIONS
17) No backfill material is to be placed within 30 feet of the normal high-water level, except that which will
be used to backfill the area behind the permitted bulkhead.
Sedimentation and Erosion Control
18) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
19) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.
20) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the bulkhead cap immediately following completion of backfilling activities.
General
21) 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.
22) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
23) The permittee and/or their 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: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit
197800056 (Action ID SAW-2022-02606).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2017-0213.
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal high-water level.
NOTE: An application processing fee of$400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.

a.w_STATL,„
ROY COOPER .1' . . ,
(;,,,,,,nor
•
ELIZABETH S.BISER `�a,.,-
Secretary mvuw,+'�°
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
July 25, 2023
Mr. Richard Penny
RPC Marine(via email)
Dear Mr. Penny:
This correspondence acknowledges your June 22, 2023 email in which you indicated that your
client, Mr.Andrew Johnson, wishes to resume processing of his CAMA Major Permit
application. Based on this request,updated application,revised drawings which have removed
the dredging component, and the resulting DWR certification issued July 25,2023,the
processing of your application has resumed. The revised projected 150-day deadline for making
a decision is August 27,2023.
If you have any questions concerning this matter, please feel free to contact me at(252) 515-
5415,or by e-mail at Cameron.Luck(c4deq.nc.gov.
Sincerely,
Cameron Luck
Assistant Major Permits Coordinator
CC: Andrew Johnson(CC'd)
i . 3)
North
Morehead CarolinaCity Of Departmentfi 1400 ofCommerce Env ironmentalAvenue Quality
Moorehead I DivisionCity,of CoastalNorthCarolina Management
ce 28557
a+r+•Esronawaftl 252.808.2808

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Andrew&Heidi Johnson COUNTY:New Hanover
PROJECT NAME: 8740 Bald Eagle Lane
LOCATION OF PROJECT: 8740 Bald Eagle Lane, adj. to Middle Sound, Wilmington
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-8-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: Beachman DISTRICT OFFICE: WILMINGTON
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE RECD: $400(60/40) #5221 RECEIVED
APPLICATION ASSIGNED TO:Luck
PUBLIC NOTICE REC'D: 11-23-22 END OF NOTICE DATE: 12-14-22 NOV 18 2022
ADJ. RIP. PROP NOTICES REC'D: DEED REC'D: Yes DCM-MHD CITY
C) 75 DAY DEADLINE: 1-22-23 l 50 DAY DEADLINE:
HOLDS:
MAIL OUT DATE: 11-18-22 STATE DUE DATE: 12-14-22
PERMIT FINAL ACTION: ISSUE DENY
AGENCY DATE NOTES
COMMENTS OBJECTIONS:
RETURNED YES NO
DCM-Field Rep 1r 1\5 Ck Alivtb INe Y
DCM-LUP Consistency Determination
Local Permit Officer 1 111-3 x V10 CcitnnwtA.Jr
Corps of Engineers-Regulatory Branch ICI ho(2),....V; lolt_6Z6C‘' q? •
DWR-401 Section ?-f 2S x 44413- ZO) 013
DWR-Public Water Supply t\)2 Z
DEMLR-Stormwater
DEMLR-Sed and Erosion
DOA-State Property Office I%( L X 11c. s lC` , C'
Wildlife Resources Commission 2/1 1 atipA )6
DMF-Shellfish Section 1\ J ',2- x' v' )
DMF-Habitat& Enhancement lg "-cA I ZA/t S ,l
DNCR-Archives& History I1, (io �p(. 1iUW44
DNCR-Natural Heritage Program
NCDOT NC Dept of Commerce g 121 I 4,,J DCyh `j\T4 (a),

RECOMMENDATIONS FOR 8740 Bald Eagle Lane,Andrew& Heidi Johnson 11/15/2022
The proposed floating dock would allow the facility to continue to accommodate three(3)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 1/4 width rule, the eight
(8) square foot rule and would not encroach into the 15' adjacent riparian corridor setback requirement. The proposed
structures would be located entirely over open water. This office has no objection to the proposed floating dock, provided it
is consistent with all other state and federal permitting requirements.Any permit issued should include the standard permit
conditions.
The applicants do not have an existing bulkhead, 15A NCAC 07H.0208(b)(7)(B) states that bulkheads shall be constructed
landward of Coastal Wetlands in order to avoid significant adverse impacts to the resources. The proposed bulkhead would
result in the filling of 240 ft2 of Coastal Wetlands. It is the opinion of this office that a bulkhead could be constructed without
impacts to Coastal Wetlands and the proposal does not appear to be consistent with the rules cited above.
As proposed, this office has no objections to the proposed floating dock but does have concerns regarding the proposal
to fill Coastal Wetlands for the alignment of a new bulkhead.Any permit issued should include the standard permit
conditions for bulkheads and docking facilities.
RECEIVED
NOV 1 8 2022
DCM"MHD CITY

DCM Coordinator: Cameron Luck County:
Permit#:
—� WIIR�O�E-MAIL DISTRIBUTION SHEET
Circle o e: Bio Report /ermiit for: Y `i'` Ai° �"`V'dA )0\avvitro
Oversize Plans sent: 1`-�`----
DCM Offices: ,^ 0
Morehead City: PT(if oversize)via Courier r�,
'cc Cam &Amanda on group email w/b .narr.app.drawings, deed, comment sheet
*MHC documents(Cam&Amanda)
Wilmington: Original hard-copy
ONLY USACE& DWR(wiro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USAGE Wilmington: er& Carteret Co): PN, CL, Reports, Split Sheet _
use both [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
reg Currey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: /olley Snider-401 (BR/NH): PN, CL, Reports, Split Sheet
-401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet
Div of Water Resources: v'heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries: m Harding
DCM PlannerlWiRO: Alike Christenbury
Cultural Resources: ✓Renee Gledhill-Earley [e-mail]_
Natural Heritage Prog. `'Rodney Butler
DCA-Rural Eco. Dev: 1'N1ark Ziegler
NC DOT: David Harris
Wildlife Resources: 'If/Iaria Dunn w/Reports
State Property Office: ✓Tim Walton: DEED
A(l1jI e Moser
4Vanda Hilliard, Real Property Agent (Bio Reports only)
Shellfish Sanitation: I emy Humphrey (Bio)/
ron Gupton, Admin. _
►- you
DEMLR: qpnstine Hall - Stormwater Section_
✓Dan Sams - Land Quality Section
Public Water Supply: %-,1"leidi Cox
City of Wilmington: ✓Kathryn Thurston
Enforcement: Meld Rep: \6t cst Ac'V ` WI
✓� G. �n`kf RECEIVED
Co. LPO ,✓ tom" v
Agent: N0V 1 S 2022
t CM-1411✓HD CITY
DISTRIBUTED: 11 `WI--
Updated 2/25/22 CAMA/Shaun majors docs/e'Agency List

s`aSTAE�
ROY COOPER 514:1�
Governor � , a•
ELIZABETH S.BISER ' , *4"`-¢ ...
.Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 18, 2022 C .22-. (t,'Z t , o 1
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ- Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
[e-mail]
SUBJECT: CAMA/D & F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at [phone] when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
t/ Tills agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME P/\G'I"t<<'-1- IAr"r\
AGENCY 12C_
SIGNATURE DATE l2-- 13._ -''Zz—
D E ' North Carolina Department of Environmental Quality Division of Coastal Management
���(((/// Wilmington Office 1127 Cardinal Drive Extension I Wilmington.North Carolina 2E OS
ol,.au�arram..umwmi u,c 910.796.7215

''- I
North Carolina Wildlife Resources Commission
Cameron Ingrain, Executive Director
MEMORANDUM
TO: Cameron Luck
Division of Coastal Management
North Carolina Department of Environmental Quality
FROM: Maria T.Dunn,Coastal Coordinator
Habitat Conservation Division
DATE: December 13,2022
SUBJECT: CAMA Dredge/Fill Permit Application for Andrew Johnson,New Hanover
County,North Carolina.
Biologists with the North Carolina Wildlife Resources Commission(NCWRC)reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at 8740 Bald
Eagle Lane adjacent to the AIWW/Middle Sound in Wilmington,NC.Our comments are provided in
accordance with provisions of the Coastal Area Management Act(G.S. 113A-100 through 113A-128),as
amended,Sections 401 and 404 of the Clean Water Act,as amended,the Endangered Species Act of
1973,as amended(16 U.S.C. 1531 et seq.),the Fish and Wildlife Coordination Act(48 Stat.401,as
amended; 16 U.S.C.661 et seq.),the Magnuson-Stevens Fishery Conservation and Management Act
(FCMA),as amended(16 U.S.C. 1801 et seq.),and the Migratory Bird Treaty Act(16 U.S.C.703-712 et
seq.).
The applicant proposes to replace an existing 8' by 16' floating dock with an 8' by 32' floating dock.
Water depths at the landward side of the dock are-2.3'NLW and-4.1'NLW at the water most end. A
new 106' vinyl bulkhead is proposed 30' landward NHW and is aligned to join adjacent bulkheads. This
structure is landward coastal wetlands,except for the southern corner.At this location 256 ft2 of coastal
wetlands will be filled.The bulkhead does not interface with surface waters during regular tidal events.
The AIWW/Middle Sound is classified SA ORW by the Environmental Management Commission and is
open to shellfish harvesting.
The NCWRC has reviewed the permit application with regard to the dock expansion and bulkhead
installation.While we have minimal concern with the floating dock as long as it is designed not to sit on
substrate during low water events,we believe additional avoidance of impacts to coastal wetlands could
be demonstrated with an adjustment in the alignment of the bulkhead.We consider the structure to be a
retaining wall rather than a bulkhead that interfaces surface waters.If environmental resources are not
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh,NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
compromised and rule allows,often bulkhead are allowed to connect to adjacent properties structures to
have a solid,straight interface with the water to aid in stability.However,this structure does not
frequently interface the water and no statement was provided as to the need of the alignment.Therefore,
we request the alignment be adjusted to be landward coastal wetlands.This not only minimizes direct fill
of coastal wetlands but should also minimize impacts to the adjacent wetland area during construction.
We appreciate the opportunity to review and comment on this permit application.If you need further
assistance or additional information,please contact me at(252)948-3916 or at
maria.dunn@,ncwildlife.org

Luck, Cameron A
From: Snider, Holley
Sent: Tuesday, July 25, 2023 2:04 PM
To: [e-mail]; [e-mail]
Cc: Luck, Cameron A; Currey, Gregory E CIV USARMY CESAD (USA)
Subject: RE: [External] SAW 2022-02606 RGP-56 Tearsheet Jonson Floating Dock Replacement
Attachments: GC4497 final.pdf
Good afternoon Mr. Penny,
In accordance with the attached General Certification#4497 (GC 4497),the impacts described in your CAMA major
permit application do not require written authorization to utilize GC 4497. However,you are required to follow the
conditions listed in the attached certification.
This certification does not authorize wetland fill associated with bulkhead construction.
If the conditions of the attached general water quality certification cannot be met or the project scope changes so that
the thresholds listed are exceeded, additional review will be required by the Division of Water Resources and an
Individual Water Certification may be required. The approval does not alleviate the need to comply with any other
federal, state and local requirements before proceed with your project.
The Division of Water resources has assigned the project#20170213. Any future DWR correspondence should reference
this project number.
Please feel free to contact me if you have any questions or need my assistance in any way.
Holley Snider .•'-'•.,><((((2>•' '•.,,..><((((°>.•'-
Environmental Specialist II
Division of Water Resources
North Carolina Department of Environmental Quality
Phone: [phone]
*please note my email address has changed [e-mail]*
CINOP .I Cw''::.L Air• '�`�''��
a p ns tMEnWa�sm 4 WksB
127 Cardinal Drive Ext.
Wilmington, NC 28405
From: Luck, Cameron A<[e-mail]>
Sent:Tuesday,July 25, 2023 1:46 PM
To:Snider, Holley<[e-mail]>
Subject: RE: [External] SAW 2022-02606 RGP-56 Tearsheet Jonson Floating Dock Replacement
Hi Holley,
Any update on 401 for this?
i

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02606 County: New Hanover County U.S.G.S. Quad: Hampstead
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Andrew Johnson
RECEIVED
Address: 8740 Bald Eagle Ln
Wilmington, NC 28411 JUL 1 9 2023
Telephone Number: 704-763-7170 MP SECTION
DCM MHD CITY
Size (acres) Nearest Town Wilmington
Nearest Waterway AIWW River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.2994055555556; Longitude: -77.7420972222222
Location description: The site is located in the AIWW at 8740 Bald Eagle Lane, Wilmington, New
Hanover County, North Carolina.
Description of project area and activity: The proposal is to replace an existing 8 feet by 16 feet
floating dock with an 8 feet by 32 feet floating dock.
Please note, a Coastal Area Management Act (CAMA) permit authorization must
be obtained from the North Carolina Division of Coastal Management (DCM) prior
to commencing any work on this project.
Applicable Law: I Section 404 (Clean Water Act, 33 USC 1344);
N Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 197800056
Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus
manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee
Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at
http://www.fws.gov/nc-es/mammal/manatee_guidelines.p
SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated August 8, 2022 and revised November 8, 2022 and June 22,
2023 . Any violation of the attached conditions or deviation from your submitted plans may
subject the permittee to a stop work order, a restoration order, a Class I administrative
penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is

reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit's
expiration, modification or revocation, unless discretionary authority has been exercised on a case-
by-case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or
Gregory.E.Currey(a�usace.army.mil.
CURREY.GREGO Digitally sugned by
CURREY.GREGORY.EUGEN
RY.EUGENE.105 E.1051011950
Date:2023.07.19 09:48:20
Corps Regulatory Official: 1011950 -04'00' Date: July 18, 2023
Expiration Date of Verification: December 31, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/
Copies furnished by email:
Richard Penny (Richard Penny Construction, LLC (Dba RPC Marine))
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Kelsey Beachman (NC DCM)
Holley Snider (NC DWR) RECEIVED
JUL 1 9 2023
MP SECTION
DCM MHD CITY

Action ID Number: SAW-2022-02606 County: New Hanover County
Permittee: Andrew Johnson
Project Name: 8740 Bald Eagle Ln/Wilmington/New Hanover
Date Verification Issued: July 18, 2023
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee Date
RECEIVED
JUL 1 9 2023
MP SECTION
DCM MHD CITY

wry 4i.STATE,,
ROY COOPER 8 -42,1F
Governor t II 11
ELIZABETH S.BISER .*iw ,
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 18, 2022
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ- Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck( NCDENR.gov
SUBJECT: CAMA/D &F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at [phone] when
appropriate, in-depth comments with supporting data is requested.
REPLY: X This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Mark Brown
AGENCY Public Water Supply
SIGNATURE 1/1 - etemwv DATE 11/22/22
�/ NorthWilmington Carolina DepartmentCardinal of EnvironmentalDrive QExtensionualityWi Ilmington Division ofNorth Coastal
Caro Management
TMD_E
Office 127 , na
o,rrlar.,`m..nrarro� /k' 910.796.7215

Received: 12/8/2022 Due: 12/16/2022
Historic Preservation Office .>
i fi ER 22-2852
ROY COOPER .�.,,
Governor n!
ELIZABETH S.BISER `� '►`
Secretary NC-SBA
BRAXTON DAVIS NORTH CAROLINA 12/13/22
Director Environmental Quality
November 18, 2022
MEMORANDUM:
FROM: Cameron Luck,Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luckNCDENR.qov
SUBJECT: CAMA/D &F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
Renee Gledhill-Earley RECEIVED
PRINT NAME
DEC 16 2022
Historic Preservation Office
AGENCY MP SECTION
DCM MHD CITY
{e_,.. ., '-- ' s,la? 12/16/22
SIGNATURE �' DATE
D Q North Carolina Department of Environmental Quality I Division of Coastal Management
�������vJJJJ//// Wilmington Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORTMCO„NA
Department ae.x...om0.+� /l' 910.796.7215

000 STATE q
It ' � `',
ROY COOPER ;, 1►. RECEIVED
Governor Ni N`a
ELIZABETH S.BISER •�ay.+ • . NOV 2 2 2022
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality MP SECTION
DCM MHD CITY
November 18, 2022
MEMORANDUM:
FROM: Cameron Luck,Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a�NCDENR.gov
SUBJECT: CAMA/D &F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE, ,.,,,,,,, ,,,, for Shannon Jenkins DATE 11/22/2022
Q North Carolina Department of Environmental Quality I Division of Coastal Management
D
Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORTH CAROLINA
Il hrfirsieMbl eparlaint /°. 910.796.7215

gat STATE 4,
ROY COOPER
Governor
ELIZABETH S.BISER ;l4tqn /
Secretary �auww�«
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 18, 2022
MEMORANDUM:
FROM: Cameron Luck,Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax:[phone] (Courier 11-12-09)
cameron.luck(a7NCDEN R.gov
SUBJECT: CAMA/D 8 F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to A1WW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock.A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December/4, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at(910)796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: v This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME @L .—Tc RECEIVED
NO V 2 3 2022
AGENCY
MP SECTION
DCM MHD CITY
SIGNATURE DATE t(f ZS/ZCZZ
North Carolina Department of Environmental Quality I Division of Coastal Management
i C+Ao wA J Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
a'y-,m.el"t'"ew."`ro'a"'l '-'""`� 910.796.7215

ATIW
ROYRor COOPER 1 o RECEIVED
GoverELIZABETH S.BISER
Secretary 41.166 04` DEC 0 5 2022
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
MP SECTION
November 18, 2022 DCM MHO CITY
MEMORANDUM:
FROM: Cameron Luck,Assistant Major Permits Coordinator
NCDEQ- Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone](Courier 11-12-09)
[e-mail]
SUBJECT: CAMA/D&F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
X This agency approves of the project only if the recommended changes
are incorporated. See attached. F d ll o w H.( re :vywn m cl.vh , . N c D R -
This agency objects to the project for reasons described in the attached D LM s t iit'�
comments. and F'ttd s �fc vrs,'�,
PRINT NAME NI6 r k I- 151 x /'
AGENCY J( i/p.L, 0 f GO fil /vt tn/'c-C
SIGNATURE rG t ~r k2 f '' DATE f 2( Sr ).Z-
? North Carolina Department of Environmental Quality
I IWilmington.Division ofNorth CoastalCaroli Management
���J00011 Wilmington Off ce j 127 Cardinal Drive Extension na
on mwuaEa++ne n+rwm.w� / 910.796.7215

dd`+T�7E o
41644::W
ROY COOPER
Governor �'" f gg—
• d#;,tt
ELIZABETH S.BISER �•Secretory
RECEIVED
BRAXTON DAVIS NORTH CAROLINA DEC 0 2 20'L/
Director Environmental Quality
November 18, 2022 MP SECTION
DCM MHD CITY
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.iuckna NCDENR.gov
SUBJECT: CAMA/D&F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
X This agency has no comment on the proposed project
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Wanda Hilliard
AGENCY State Property Office
SIGNATURE w '4 - gccactee DATEDecember 2,2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
NORTR CAROLINA
11aVirtsnr.^s^M^^^m^� 01°N.4 910.796.7215

Mc STATE q,'�
.27 Pamela B.Cashwell
�`:., '�' North Carolina Secretary
, s`�;
f1 1 i'i `001 A i Department of Administration
" '��� :.G ° State Property Office Tim Walton
,% MI y�": ."/ Director
own
Roy Cooper,Governor
RECEIVE,
DEC 0221
December 2, 2022 MP SECTION
DCM MHD CITY
TO: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ-Division of Coastal Management
400 Commerce Avenue
Morehead City,NC 28557
[e-mail]
FROM: Wanda Hilliard / (,(ip,.41.444,,
Real Property Agent
Department of Administration
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer floating dock.A new
vinyl bulkhead will be installed 30' landward of normal high water(NHW), resulting in 240 sqft of
Coastal Wetland Fill.
Please confirm that the facilities are not located within the 1000'USACE AIWW easement area. If not,then the
State Property Office has no comment on the proposed project.
State of North Carolina I State Property Office
116 West Jones Street,Suite 4055 11321 Mail Service Ctr. I Raleigh,NC 27699
984 236 0270 T I Web:http✓/www.ncspo.com

icy
coo co4bi
ROY COOPER riii 05:
Governor
ELIZABETH S.BISER
Secretary *tato,... !-
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 18, 2022
MEMORANDUM:
FROM: Cameron Luck,Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-D9)
cameron.luck( NCDENR.gov
SUBJECT: CAMA/D &F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
X 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.
RECEIVED
PRINT NAME Kimberlee Harding
JAN 1 8 2023
AGENCY NCDMF MP SECTION
�i � DCM MHD CITY
SIGNATURE /�— -� Yr1GA^d DATE 01/18/2023
+v NorthW Carolinailmingtonfi
Departce1127 mentCardinal of Environmental
DriExtension QualityIW Iilmington Division of Coastal
NorthCaro Management
NORTH C OU D_E
`777i) Ofve , na
ww+m.naaearr.**Onell� /"" 910.796.7215

GA
��~RO ROY COOPER
4
;G OO ELIZABETH S. BISER
4t KATHY B. RAWLS
tiE F s`r`
MEMORANDUM:
TO: Cameron Luck,Assistant Major Permits Coordinator
FROM: Kimberlee Harding, NCDMF Fisheries Resource Specialist
SUBJECT: Andrew& Heidi Johnson
DATE: January 18, 2023
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the CAMA Permit application for proposed actions that impact fish and fish
habitats. The proposed project is located at 8740 Bald Eagle Lane, New Hanover County
adjacent to the AIWW and Middle Sound. The waters of the AIWW are classified SA-ORW
by the Division of Water Quality, are not designated as a Primary Nursery Area (PNA) by
the N.C. Division of Marine Fisheries and are open to the harvest of shellfish.
The applicant proposes to install a new vinyl bulkhead 30' landward of NHW resulting in
240ft2 of coastal wetlands and replace an existing 8'x 16' floating dock with a new larger, 8'
x 32' floating dock. Submerged Aquatic Vegetation (SAV) has been mapped around the project
area,though no SAV was observed by DCM staff under the existing docking facility.
SAV is a vital component to the estuarine system and is prime nursery area for many
fisheries species, such as gag grouper, flounder, red drum,black sea bass,weakfish and
Atlantic croaker. SAV supports high diversity of foraging fish and invertebrates and
provides valuable ecosystem services as a primary producer and enhancer of water quality.
SAV filters water,stabilizes sediment and provides refuge for juvenile finfish, crabs and
shrimp.
Coastal wetlands are considered among the most productive ecosystems in the world.
Coastal wetlands are a productive detritus-based system that trap nutrients,toxins and
sediment,aid in shoreline erosion control, dissipate wave and storm action,provides a
barrier to flood damage, and provide nursery functions and support fish production.
Recent research indicates that even narrow fringes of wetlands are essential factors for fish
utilization and erosion control.An estimated 95% of commercial finfish and shellfish
species in the US are wetland dependent. Species common to coastal wetlands include
sheepshead, red drum, flounder,spot,Atlantic croaker, menhaden,oysters and penaeid
RECEIVED
State of No th Carolina 1 Division of Marine F isheries JAN 1 8 2023
3441 Arendell Street P.O.Box 789 Morehead City.North Carolina 28557
252 7z8aozl MP SECTION
DCM MHD CITY

shrimp,with a myriad of prey species as well. Wetlands can enhance foraging functions of
adjacent habitats,which is why PNA habitats are closely linked with coastal wetlands. In
addition,these wetlands are important to waterfowl feeding and nesting activities.
As proposed,the new vinyl bulkhead would be located 30' landward of the Normal High-
Water line and includes 240ft2 of coastal wetlands fill that will incorporate a maximum of
496 ft2 of Public Trust Area.The applicant is proposing the wetland fill in order to tie into
the adjacent bulkhead. However,the applicant has not given a purpose or need for the
proposed bulkhead alignment. As proposed the bulkhead is not located in the water,
instead it will be acting as a retaining wall for high ground, therefore the Division
recommends a bulkhead alignment that avoids all impacts to coastal wetlands.
The proposed floating dock is sited in water depths from 1'6" to 3'10" NLW. Division staff
conducted a site visit on 1/18/2023 and observed similar water depths, DMF staff also
observed scattered SAV around and under the existing docking facility. Therefore,the
Division recommends the proposed floating dock include physical stops at 24"above the
substrate and the dock be sited in water depths 2' NLW or greater to minimize any impacts
to SAV and SAV habitat.
Thank you for consideration of our comments. Please contact Kimberlee Harding at 910-
796-7286 or [e-mail] with any further questions or concerns.
RECEIVED
JAN Y 87^^�
MP sEcfp,N
ctry
State of North Carolina I Division of Marine Fisheries paw �
3441 Arendeli Street I P.O.Box 769 Morehead City.North Carolina 28557
252-726-7021

n
N CAg0
, ROY COOPER
41
v co:ernor
ELIZABETH S. BISER
3 Serrerary
KATHY B. RAWLS
tit- F 15‘A Director
February 13,2023
Cameron Luck, DCM Assistant Major Permits Coordinator
NCDEQ Division of Coastal Management
400 Commerce Ave.
Morehead City,NC 28557
Re: Shugart docking facility,Oak Island, Brunswick County
After discussions with staff, I concur with their recommendation to deny this application to expand an
existing dock with a fixed platform to include two boat lifts,four fixed finger piers,and a large piling-less
floating dock(total of three slips). The property is located on the Intracoastal Waterway(ICW)in Oak
Island. The waters are designated as Primary Nursery Area(PNA),the bottom substrate is muddy,and
fringing marsh occurs along the shoreline. Water depth at the proposed boat lifts is 0.2-0.3' NLW. The
floating dock,which is located as far waterward as possible due to the US Army Corps of Engineer
setbacks along the waterway,has 1.2' water depth NLW on the waterward side and 0.5-0.75' NLW on the
landward side. Boat slips in these very shallow waters will result in repeated prop washing and bottom
disturbance of the PNA,causing significant adverse impacts.
Primary Nursery Areas PNAs are estuarine waters where initial post-larval fish development occurs.
Species within this area are early post-larval to juvenile and include finfish,crabs,and shrimp. Species
inhabit PNAs because they afford food,protection,and proper environmental conditions during
vulnerable periods of their life history,thus protection of these areas are a high priority.
Thank you for the opportunity to comment on this application. Please keep Kim Harding informed on the
final status of the proposed project.
Sincerely,/% 5
d ,,g
RECEIVED
Kathy B Rawls,Director
NC Division of Marine Fisheries FEB 1 4 "iJ'i:l
Cc: B. Davis, DCM Director MP SECTION
DCM MHD CITY
M. Loeffler, DMF Deputy Director
A. Deaton,DMF Habitat Program Supervisor
State of North Carolina I Division of Marine Fisheries
3441 Arendell Street I P.O.Box 769 I Morehead City,North Carolina 28557
252-726-7021

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: Andrew& Heidi Johnson c/o Richard Penny
2. LOCATION OF PROJECT SITE: 8740 Bald Eagle Lane, New Hanover County adjacent to the AIWW and Middle
Sound.
Latitude: 34°17'57.86" N Longitude: 77°44'31.55" W
3. INVESTIGATION TYPE: CAMA/D&F
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit— 10/26/2022 Was Applicant Present—No
5. PROCESSING PROCEDURE: Office—Wilmington
Application Received 10/17/2022 DWR WQC Pre-filing date: 9/22/2022
Application Complete 11/8/2022 _Day 30 for WQC Pre-filing 10/22/2022
6. SITE DESCRIPTION:
(A) Local Land Use Plan—Wilmington-New Hanover County
Land Classification From LUP—Conservation
(B) AEC(s) Involved: CW, EW, PTA, ES
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing—none Planned—NA
(F) Type of Structures:
Existing—2 boat lifts, a gazebo, and a floating dock with 1 slip.
Planned— Install new vinyl bulkhead and replace existing floating dock with a new, longer floating dock.
(G) Estimated Annual Rate of Erosion: N/A Source- N/A
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A)Vegetated Wetlands 240 ft2
(coastal)
(B) Non-Vegetated Wetlands (Open water) 256 ft2
(incorporated)
(C) Other—High Ground 212 ft2 2,120 ft2
(D) Total Area Disturbed: 2,828 ft2(0.06 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA-ORW Open: Yes
8. PROJECT SUMMARY: Replacement of existing floating dock with a new, longer floating dock. A new vinyl bulkhead
would be installed 30' landward of normal high water(NHW) resulting in 240 ft2 of Coastal Wetland fill adjacent to the
AIWW/Middle Sound
NOV 1S2C22
DCM-MHD CITY

8740 Bald Eagle Lane,Andrew& Heidi Johnson
Page Two
9. PROJECT DESCRIPTION
The project site is located at 8740 Bald Eagle Lane, adjacent to the AIWW and Middle Sound, in New Hanover
County.
According to the application,the parcel located at 8740 Bald Eagle Lane has a maximum elevation of approximately
0'-24'above NHW and is approximately 0.75 acres. The lot has an existing single-family home and private docking
facility with the high ground vegetation consisting primarily of ornamental landscaping and maintained lawn grasses.
The adjacent riparian parcels both have single family homes with bulkheads and docking facilities. The project site
has approximately 101'of shoreline frontage that is stabilized by natural vegetation.The home is located on a hill that
slopes in the backyard into Coastal Wetlands.The Coastal Wetlands are comprised mostly of Salt Marsh Cord Grass
(Spartina altemiflora)and Salt Meadow Hay(Spartina patens)and are separated by a natural berm made up of wrack
material. The October 26, 2022 site visit occurred after Hurricane Ian,therefore the majority of coastal vegetation on
site was buried by post-storm wrack.
There is an existing private docking facility with an access pier measuring approximately 6'x 137',which extends
towards the AIWW in an easterly direction.There is an existing gazebo near the end of the pier on the northern
side, measuring approximately 15' x 15'.An existing 6'x 10'uncovered platform extends from the access pier to the
south with an access ramp that leads to an 8' x 16'floating dock. There is also an existing 13'x 14'boat lift located
north of the gazebo and an existing 16'x 16' boat lift located at the end of the access pier. General Permit 68013D
was issued for the 16'x 16' boat lift in January 2017 to a previous property owner. Major Permit 51-17 was issued
for the addition of the 13'x 14' boat lift in April 2017 to a previous property owner(see Drawing 1 of 2). We were
unable to locate additional permit history for the original construction of the docking facility.
The New Hanover County Land Use Plan classifies the adjacent waters as Conservation, and the adjacent high
ground portion of the project area as Residential. The adjacent waters of the AIWW and Middle Sound in the project
area are classified SA-ORW by the Division of Water Resources and this area is NOT designated as Primary Nursery
Area(PNA)by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish.
PROPOSED PROJECT
The applicant is proposing the replacement of an existing floating dock with a new, longer floating dock. A new vinyl
bulkhead would be installed 30' landward of NHW resulting in 240 ft2 of Coastal Wetland fill adjacent to the AIWW/
Middle Sound.
The applicants propose to replace the existing 8'x 16'floating dock with a new 8'x 32'floating dock. Water depths
were taken in the location for the new proposed floating dock on October 26, 2022 at 3:13 pm. The water depth near
the landward side of the proposed floating dock was approximately -2.3' at NLW and the water depth near the
waterward side was approximately-4.1'at NLW. The proposed floating dock would be located within the applicant's
riparian corridor, would not exceed the quarter width, and meets the 8 square foot rule.
The new proposed vinyl bulkhead would be installed 30' landward of NHW resulting in 240 ft2 of Coastal Wetland fill.
The applicants propose to construct approximately 106' of bulkhead 30' landward of NHW. The applicant proposes
to fill a maximum of 240 ft2 of Coastal Wetland and incorporate a maximum of 496 ft2 of Public Trust Area (see
Drawing 1 of 2), in order to connect to the adjacent bulkheads. According to the application, the fill behind the
proposed bulkhead will be brought up to grade with the neighboring properties and two 8' wingwall into,
adjacent existing bulkheads to the north and south.%wjj1J�e
Nov 18.2022

8740 Bald Eagle Lane,Andrew& Heidi Johnson
Page Three
10. ANTICIPATED IMPACTS
The proposed new floating dock would incorporate approximately 256 ft2 of Public Trust Area. The proposed 106'
bulkhead would be constructed approximately 30' landward of NHW and would impact 240ft2 of Coastal Wetlands
consisting primarily of Salt Marsh Cord Grass (Spartina altemiflora) and Salt Meadow Hay (Spartina patens). The
proposed bulkhead would also impact approximately 2,120 ft2 of high ground area. Based on our site visit, the
proposed bulkhead could be proposed landward of Coastal Wetlands but would not tie into the adjacent bulkhead to
the south as the applicant requested. It appears that the filling of Coastal Wetlands could be avoided for site
stabilization.
Minor increases in turbidity should be expected during project construction.
The total area of floating docks and platforms was calculated as follows:
Shoreline length = 101' x 8 = 800 ft2 allowable
Existing gazebo = 15'x 15' = 225 ft2
Existing boat lifts = not counted
Existing platform = 10'x 6' = 60 ft2
Proposed floating dock =8'x 32' = 256 ft2
Total = 541 ft2
Submitted by: Kelsey Beachman Date: November 15, 2022 Office: Wilmington
RECEIVED
NOV 1 S .2022
DCM-MHD CITY

Richard Penny Construction, LLC
133 Sound View Drive N
Hampstead, NC 28443
4-. [phone]
www.rpcmarine.com
MARINE
22 June 2023
Permit Officer
127 Cardinal Dr. Ext
Wilmington,NC NC 28405-3845
RE: Johnson Major Permit Application Narrative
Dear Permit Officer,
Mr. Andrew Johnson is requesting that a Major Permit be issued for the installation of bulkhead
and improved floating dock at 8740 Bald Eagle Lane, Wilmington,NC 28411. This structure
would be for the recreational use of the homeowner.
The homeowner is requesting this bulkhead to mitigate erosion of the property. The property
slope is fairly severe and run-off from rain and severe high-tides have caused some erosion. The
bulkhead would join the neighbor's existing bulkheads. The bulkhead sheet piles would be set
using an excavator or small vibratory hammer. Construction materials would be stored on dry
land covering approximately 1500 sqft. No Sand/fill will be added to the coastal wetlands or
open water.
The existing floating dock of 8'x16' would be replaced with a floating dock measuring 8'x32'.
The homeowner has a vessel measuring 25',which is difficult to maneuver to the existing dock.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time. RECEIVED
Please contact me at your convenience should you have any questions.
JUN 2 2 2J23
Respectfully yours, MP S MHD CI
DCM HD CTY
Richard L. Penny,
NC General Contractor License No. 79403

RECEIVED
DCM MP-1 NOV 0 9 2022
APPLICATION for DCM WILMINGTON, NC
Major Development Permit
(last revised 12/27/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/Landowner Information
Business Name Project Name(if applicable)
N/A J446
Applicant 1: First Name MI Last Name
Andrew Johnson
Applicant 2: First Name MI Last Name
If additional applicants,please attach an additional page(s)with names listed.
Mailing Address PO Box City State
8740 Bald Eagle Lane Wilmington NC
ZIP Country Phone No. FAX No.
28411 USA 704- 763 -7170 ext. -
Street Address(if different from above) City State ZIP
Email
Southparkpedo@gmail .com
2. Agent/Contractor Information
Business Name
Richard Penny Construction, LLC (Dba RPC Marine)
Agent/Contractor 1: First Name MI Last Name
Richard L Penny
Agent/Contractor 2: First Name MI Last Name
N/A
Mailing Address PO Box City State
133 Sound View Drive N Hampstead NC
ZIP Phone No.1 Phone No. 2
28443 910- 352 -1317 ext. - - ext.
FAX No. Contractor#
NC 79403
Street Address(if different from above) City State ZIP
N/A Email RF C E I\_'
[e-mail]
<Form continues on back>
NO S
'-°11_MHD CITY
252-808.2808 .. 1-888-4RCOA8T www.nccoastalmanagement.net

RECEIVED
Form DCM MP-1 (Page 2 of 4) NOV 09 2022 APPLICATION for
Major Development Permit
DCM WILMINGTON, NC
3. Protect Location
County(can be multiple) Street Address State Rd.#
New Hanover 8740 Bald Eagle Lane
Subdivision Name City State Zip
Bald Eagle Lane, Porters Neck Wilmington NC 28411
Phone No. Lot No.(s) (if many,attach additional page with list)
N/A- - ext. 11 ,
a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project
White River Intracoastal Waterway
c. Is the water body Identified in(b)above,natural or manmade? d. Name the closest major water body to the proposed project site.
®Natural DManmade ❑Unknown Middle Sound
e. Is proposed work within city limits or planning Jurisdiction? f. If applicable,list the planning jurisdiction or city limit the proposed
E}Yes ❑No work falls within.
New Hanover County Zoning
4. Site Description
a. Total length of shoreline on the tract(ft.) b. Size of entire tract(sq.ft.)
101' 32, 670
c. Size of individual lot(s) d. Approximate elevation of tract above NHW(normal high water)or
NWL(normal water level)
(If many lot sizes,please attach additional page with a list) 0-2 4 r RjNHW or NWL
e. Vegetation on tract
Grass, Native trees, shrubs, and marsh grass/wetlands on the
adjoining Intracoastal frontage.
f. Man-made features and uses now on tract
Single family dwelling, concrete driveway, and swimming pool .
Impervious coverage total approximately 6445 Sqft. (None added)
g. Identify and describe the existing land uses 8diacent to the proposed project site. 1
Adjacent properties are zoned for single family usage.
h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning?
R-2 0S (Attach zoning compliance certificate,if applicable)
( Yes No ❑NA
j. Is the proposed activity part of an urban waterfront redevelopment proposal? DYes ®No
k. Has a professional archaeological assessment been done for the tract? If yes,attach a copy. DYes No DNA
•
If yes,by whom?
I. Is the proposed project located in a National Registered Historic District or does it Involve a DYes No DNA s
National Register listed or eligible property?
Form continues on next page> NO�' 2r,22
PCM-MHD CITY
252-808-2808 .. 1-888-4RCOAST www.nccoastalmanagement.net

RECEIVED
Form DCM MP-1 (Page 3 of 4) APPLICATION for
NOV 09 2022 Major Development Permit
m. (I) Are there wetlands on the site? DCM WILMINC;I UN, NC ®Yes ❑No
(ii)Are there coastal wetlands on the site? Elves DNo
(Ili)If yes to either(I)or(ii)above,has a delineation been conducted? Dyes No
(Attach documentation,if available)
n. Describe existing wastewater treatment facilities.
Cape Fear Public Utility
o. Describe existing drinking water supply source.
Cape Fear Public Utility
p. Describe existing storm water management or treatment systems.
N/A
5.Activities and Impacts
a. Will the project be for commercial,public,or private use? ['Commercial ❑Public/Govemment
gjPrivate/Community
b. Give a brief description of purpose,use,and daily operations of the project when complete.
The property owner is installing a bulkhead to match the elevation
of adjacent properties.
c. Describe the proposed construction methodology,types of construction equipment to be used during construction,the number of each type
of equipment and where it is to be stored.
A mobile crane and pneumatic hammer will be used to install new sheet
piling. All equipment and materials will be stored on the property.
d. List all development activities you propose.
A new Vinyl Bulkhead, embedded approximately 4 ft, will be installed,
The new bulkhead will impact approximately 240 sqft of current,
existing wetlands . Increase size of floating dock.
e. Are the proposed activities maintenance of an existing project,new work,or both?
Both
f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or❑Acres
1500 sqft over land
g. Will the proposed project encroach on any public easement,public accessway or other area ❑Yes No DNA
that the public has established use of?
h. Describe location and type of existing and proposed discharges to waters of the state.
N/A
I. Will wastewater or stormwater be discharged into a wetland? Dyes No DNA
If yes,will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA
j. is there any mitigation proposed? DYes ®No DNA
If yes,attach a mitigation proposal. 3!F D
<Form continues on back> NOV l e 2G22
DCM-[VIED CITY
252-808.2808 .. 1-888-4RCOAST .. www.nccoestalmanagement.net

RECEiVED
Form DCM MP-1 (Page 4 of 4) NOV 0 9 2022 APPLICATION for
Major Development Permit
DCM WILMINGTON, NC
6. Additional Information
in addition to this completed application form,(MP-1)the following items below,if applicable,must be submitted in order for the application
package to be complete. Items(a)—(I)are always applicable to any major development application. Please consult the application
instruction booklet on how to properly prepare the required items below.
a. A project narrative.
b. An accurate,dated work plat(including plan view and cross-sectional drawings)drawn to scale. Please give the present status of the
proposed project. Is any portion already complete? If previously authorized work,clearly indicate on maps,plats,drawings to distinguish
between work completed and proposed.
c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site.
d. A copy of the deed(with state application only)or other instrument under which the applicant claims title to the affected properties.
e. The appropriate application fee. Check or money order made payable to OENR.
f. A list of the names and complete addresses of the adjacent waterfront(riparian)landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
Name Charles and Lisa Hicks Phone No.
Address 8744 Bald Eagle Lane_, Wilmington, NC 28411 (910) 612-3528
Name Robert Harrison Phone No.
Address 8736 Bald Eagle Lane, Wilmington, NC 28411
Name Phone No.
Address
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers,permittee,and issuing dates.
N/A
h. Signed consultant or agent authorization form,if applicable.
i. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C.Environmental Policy Act(N.C.G.S. 113A 1-10),if necessary. If the project involves expenditure
of public funds or use of public lands,attach a statement documenting compliance with the North Carolina Environmental Policy Act.
7. Certification and Permission to Enter on Land
I understand that any permit issued in response to this application will allow only the development described in the application.
The project will be subject to the conditions and restrictions contained in the permit.
I certify that I am authorized to grant,and do in fact grant permission to representatives of state and federal review agencies to
enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up
monitoring of the project.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date 18 September 2022 Print Name Richard L. Penny
Richard L. Digitally signed by
Signature Richard L.Penny
Penny Oate:2022,11.08
17:09:20-05'00'
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information DDCM MP-5 Bridges and Culverts
DDCM MP-3 Upland Development
)DCM MP-4 Structures Information
252-808-2808 .. 1-888-4RCOAST www.nccoastatmanagement.net

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel Canal Boat Basin Boat Ramp Rock Groin Rock (excluding
(NLW or Breakwater shoreline
NWL) stabilization)
Length
Width
Avg. Existing
Depth NA NA
Final Project
Depth NA NA
1. EXCAVATION ®This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards.
(CW),submerged aquatic vegetation(SAV),shell bottom(SB),
or other wetlands(WL)? If any boxes are checked,provide the RECEIVED
number of square feet affected.
❑CW ❑SAV ❑SB
OWL :None JUN 2 2 2023
(ii)Describe the purpose of the excavation in these areas:
MP SECTION
DCM MHD CITY
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (i)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA ❑Yes ❑No ❑NA
(ii)If no,attach a letter granting permission from the owner. (ii)If yes,where?
e. (i)Does the disposal area include any coastal wetlands/marsh f. (i)Does the disposal include any area in the water?
(CW),submerged aquatic vegetation(SAV),shell bottom(SB), ❑Yes ❑No ❑NA
or other wetlands(WL)? If any boxes are checked,provide the
number of square feet affected. (ii)If yes,how much water area is affected?
❑CW ❑SAV ❑SB
OWL :None
(ii)Describe the purpose of disposal in these areas:

3. SHORELINE STABILIZATION ❑This section not applicable
(If development is a wood groin, use MP-4—Structures)
a. Type of shoreline stabilization: b. Length: 106'
Bulkhead ❑Riprap ❑Breakwater/Sill ['Other: Width: 2'
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
Approximately 30'landward of NHW 0'FROM NHW
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
Sand/gravel months?
❑Yes No DNA
(ii)If yes,state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill 0 Riprap Sand
Breakwater/Sill Other
i. Source of fill material.
Jeat pit(Rocky Point)
4. OTHER FILL ACTIVITIES ['This section not applicable
(Excluding Shoreline Stabilization)
a. (i) Will fill material be brought to the site? ®Yes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW),
If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or
other wetlands(WL)? If any boxes are checked,provide the
(ii)Amount of material to be placed in the water 0 number of square feet affected.
(iii)Dimensions of fill area 102'x 20'
❑CW ❑SAV ❑SB
(iv)Purpose of fill RECEIVED
OWL [None
Fill will be placed behind bulkhead and will bring grade up (ii)Describe the purpose of the fill in these areas:
neighboring properties. The fill will help stabilize the Fill will be placed behind bulkhead which ry'lgolnIpt2n7�
existing steep grade which is eroding during heavy rains bulkheads on adjoiningFill properties. wtA1 6j1d gatnike
and extreme high tides. existing steep grade on property.
MP SECTION
DCM MHD CITY
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline,
controlled? backhoe,or hydraulic dredge)?
Bulkhead will be placed prior to fill. Geotextile will be installed. Mini-excavator and/or track steer
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes ❑x No DNA site? Dyes No DNA
(ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize
environmental impacts.
n/a
n/a
06/22/2023 Richard L.Penny
Date Applicant Name Richard Digitally signed by
J446Richard L.Penny
6.22
Project Name Applicant Signature L. penny Date:0620 -04 00'
15:57:06-04'00'
252-808-2808::1-888-4RCOAST::www.nccoastalmanagement.net revised: 12/26/06

RECEIVED
Form DCM MP-4 NOV 0 9 2022
STRUCTURES DCM WILMINGTON, NC
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit,Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
1. DOCKING FACILITY/MARINA CHARACTERISTICS ❑This section not applicable
a. (I) Is the docking fadlity/marina: b. (I)Will the facility be open to the general public?
['Commercial ['Public/Government INPrivatelCommunity ['Yes No
c. (i)Dock(s)and/or pier(s) d. (i)Are Finger Piers included? DYes Ohio
(ii)Number na If yes:
(iii)Length (ii)Number
(iv)Width (iii)Length
(v)Floating ['Yes Ohio (iv)Width
(v)Floating DYes ❑No
e. (i) Are Platforms included? JYes ❑No f. (i) Are Boatlifts included? Dyes ®No
If yes: If yes:
(ii)Number J. (ii)Number
i
(iii)Length 3 2 (iii)Length
r
(iv)Width 8 (Iv)Width
(v)Floating ®Yes DNo
Note: Roofed areas are calculatedjrom dripfine dimensions.
g. (i)Number of slips proposed h. Check all the types of services to be provided.
0 ❑Full service,Including travel lift and/or rail,repair or
(ii)Number of slips existing maintenance service
3 ❑Dockage,fuel,and marine supplies
❑Dockage('vet slips')only,number of slips:
❑Dry storage;number of boats:
❑Boat ramp(s),number of boat ramps:
❑Other,please describe:
NA
I. Check the proposed type of siting: J. Describe the typical boats to be served(e.g.,open runabout,
❑Land cut and access channel charter boats,sail boats,mixed types).
['Open water;dredging for basin and/or channel Open runabout
®Open water;no dredging required
['Other,please describe:
k Typical boat length: 2 8 r I. (i)Will the facility be open to the general public? RE0 F IN,F D
❑Yes 24o
m. (i)Will the facility have tie pilings?
DYes ®No rl p v ., 0-no
(ii)If yes number of tie pilings?
252-808-2808:: 1-888-4RCOAST ::www.nccoastalmanagement.net revised: 12/27/06

RECEIVED
Form DCM MP-4 (Structures, Page 2 of 4) NOV 0 9 2022
nctimtI MINGTON, NC
2. DOCKING FACILITY/MAR/NA OPERATIONS ®This section not applicable
a. Check each of the following sanitary facilities that will be included in the proposed project.
❑Office Toilets
❑Toilets for patrons;Number: ; Location:
0 Showers
❑Boatholding tank pumpout;Give type and location:
b. Describe treatment type and disposal location for all sanitary wastewater.
c. Describe the disposal of solid waste,fish offal and trash.
d. How will overboard discharge of sewage from boats be controlled?
e. (i)Give the location and number of"No Sewage Discharge"signs proposed.
(ii)Give the location and number of"Pumpout Available"signs proposed.
f. Describe the special design,if applicable,for containing industrial type pollutants,such as paint,sandblasting waste and petroleum products.
g. Where will residue from vessel maintenance be disposed of?
h. Give the number of channel markers and"No Wakes signs proposed.
I. Give the location of fuel-handling facilities,and describe the safety measures planned to protect area water quality.
j. What will be the marina policy on overnight and live-aboard dockage?
k. Describe design measures that promote boat basin flushing?
RECEIVED
I. If this project is an expansion of an existing marina,what types of services are currently provided?
NOV 1 S 2c22
-a Si-ID CITY
252-808-2808::1-888-4RCOAST::www.nccoastalmanagement.net revised:12J27/06

DECEIVED
Form DCM MP-4 (Structures, Page 3 of 4)
m. Is the marina/docking facility proposed within a primary or secondary nursery area? NOV 0 9 2022
❑Yes ['No
n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? DCM WI LM INGTO N, NC
❑Yes DNo
o. is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh(CW),submerged aquatic vegetation(SAV),shell bottom
(SB),or other wetlands(Wt.)? If any boxes are checked,provide the number of square feet affected.
❑cw DSAV ❑SB
OWL ❑None
p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? ❑Yes DNo
If yes,give the name and address of the leaseholder(s),and give the proximity to the lease.
3. BOATHOUSE(including covered lifts) This section not applicable
a. (i) Is the boathouse structure(s):
❑Commercial ❑Public/Government ['Private/Community
(II)Number
(iii)Length
(iv)Width
Note: Roofed areas are calculated from drlpine dimensions.
4. GROIN(e.g., wood,sheetpile,etc. If a rock groin, use MP-2,Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii)Length
(iii)Width
5. BREAKWATER(e.g., wood,sheetpile,etc.) This section not applicable
a. Length b. Average distance from NHW,NWL,or wetlands
c. Maximum distance beyond NHW,NWL or wetlands
6. MOORING PILINGS and BUOYS This section not applicable
a. Is the structure(s): b. Number
['Commercial ['Public/Government ❑Private/Community
c. Distance to be placed beyond shoreline d. Description of buoy(color,inscription,size,anchor,etc.)
Note: This should be measured from marsh edge,if present.
'�F11�1=n
e. Arc of the swing N O V 1 8.2022
DC6MI4 MHD CITY
252-808-2808::1-888.4RCOAST::www.nccoastatmanagement.net revised:12/27/08

Form DCM MP-4 (Structures, Page 4 of 4)
7. GENERAL
a. Proximity of structure(s)to adjacent riparian property lines b. Proximity of structure(s)to adjacent docking facilities.
20' TO SOUTH / 28 ' TO NORTH 28 ' TO SOUTH / 245 ' TO NORTH
Note: For buoy or mooring piling,use arc of swing including length
of vessel.
c. Width of water body d. Water depth at waterward end of structure at NLW or NWL
710' 3 '10" NLW
e. (I) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii)If yes,explain what type and how they will be Implemented.
8. OTHER MTh's section not applicable
a. Give complete description:
08 November 2022
Date RECEIVED
J446
NOV 0 9 2022
Project Name
Owner Andrew Johnson/Contractor Richard Penny
DCM WILMINGTON, NC
Applicant Name Richard L Digitally signed by
• Richard L.Penny
Applicant SignatuP n
*,..,12:0 o8-05 00�
252-808-2808::1-888-4RCOAST::www.nccoastalmanayementtnet revised:12/27/06

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8740 Bald Eagle Lane Major Permit Application
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DCM WILMINGTON, NC

ROY COOPER 1 ' ' ' j
Governor /f /
ELIZABETH S.BISER
Secretary
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 15,2022
Andrew& Heidi Johnson
do Richard Penny, Richard Penny Construction, LLC.
133 Sound View Drive N.
Hampstead, NC 28443
Dear Mr. Penny:
The Division of Coastal Management hereby acknowledges receipt of your application,as acting agent for Andrew&
Heidi Johnson,for State approval for development of the subject property located at 8740 Bald Eagle Lane,adjacent
to the Atlantic Intracoastal Waterway(AIWW)and Middle Sound, in New Hanover County. It was received as
complete on November 8,2022 and appears to be adequate for processing at this time.The projected deadline for
making a decision is January 22, 2023.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 November 8,2022,you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project.Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner,developer,and project designer/consultant.
NCGS 113A-119(b)requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a"Notice of Permit Filing"postcard which must be posted at the property of your proposed
development.You should post this notice at a conspicuous point along your property where it can be observed from
a public road.Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property;or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required,you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sin erely,
Kelsey achman
Field Representative RECEIVED
cc: Cameron Luck, DCM Holley Snider, DWR
USACE Andrew&Heidi Johnson,Applicants NOV 2G22
Christine Bouffard, LPO Kim Harding, DMF �. .mo
�. t.+4Yr^:,tii`:;: L.J'I' TY
T _ North Carolina Department of Environmental Quality I Division of Coastal Management
���lll/// Wilmington Office i 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
�.a��+C +.�..+1s� /, 910.796.7215

r
1 7
CAN1A PERMIT
APPLIED FOR
PROJECT: Applicant proposes to replace an
existing floating dock and install a new bulkhead
30' landward of normal high water (l4HW), resulting
in 240 sqft. of Coastal Wetland fill at 8740 Bald
Easle Lane, adj. to Middle Sound in Wilmington,
APPLICANT: FOR MORE DETAILS CONTACT
THE LOCAL PERMIT OFFICER BELOW:
Andrew and Heidi Jvlrrra ,rr
$740 Bald Eagle anP NC Div. of Coastal Management
Wilmington, NC 28411 127 Cardinal Dr. Ext.
Wilmington, NC 28405
Agent: Kichard Penny Canstrucdon, tic Kelsey Beachman [phone]
c/o Richard Penny
[phone]

r 7A1E
ROY COOPER
41144
_Governor .•
ELIZABETH S.RISER
Seaway
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 18, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Andrew& Heidi Johnson
Hello: Please publish the attached Notice in the Wednesday,November 23,2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior
to payment for newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division
of Coastal Management, 127 Cardinal Drive Extension, Wilmington,NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matt- you should have any questions, please contact
me at our Wilmington office.
Si cerely,
Lig ya K.6 ietila
itting Support& Customer Assistance
cc: MHC Files
Cameron Luck— MHC
USACE
RECEP\IED
NOV 1 8 2[2?
DCM-MHr'
E North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
910.7%.7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS
113A-119(b) that the following applications were submitted for development permits in Areas of
Environmental Concern as designated under the CAMA: On November 15,2022,Andrew and Heidi
Johnson proposed to replace an existing floating dock and install a new bulkhead 30'landward of
normal high water(NHNW, resulting in 240 salt of Coastal Wetland fill at 8740 Bald Eagle Lane,
adj. to Middle Sound in Wilmington, New Hanover County. Copies of these applications can be
examined or copied at the office of Kelsey Beachman N.C. Dept.of Environmental Quality,Division
of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, [phone] 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 December 14, 2022 will be
considered in making the permit decision. Later comments will be accepted and considered up to
the time of permit decision. Project modification may occur based on review & comment by the
public and state and federal agencies. Notice of the permit decision in these matters will be
provided upon written request.
�DE North Garonne Department of Environmental Quality I Dhislon of Coastal Management
Wilmington Office i 127 Cardinal Drive Extension I Wilmington,North Caronna 28405
lwr
r.r+ oN /,d 910.796.7215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Andy and Heidi Johnson
Mailing Address: '4 0 4Li\ L AGt 1.4N
W►LMMJfriOri, rir, 02111
Phone Number: —401- TI(} 1L,17
Email Address: southparkpedoegmail,com
I certify that I have authorized Richard Penny, RPC Marine, LLC ,
Agent I Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the
following proposed development: Bulkhead ,adjust/replace the dock, possibly change
footprint ---
at my property located at: 8740 Bald Eagle Lane.Wilmintiton. NC 28411
in New Hanover County.
I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of
Coastal Management staff,the Local Permit Officer and their agents to enter on the aforementioned
lands in connection with evaluating information related to this permit application.
Property Owner In:�in:
A
signs - RECEIVED
OCT 17 ?Pi
Print or Type Name
OWNER DCM WILMINGTON, NC
Title
Date
This certification is valid through 04/30/2023 VON 1 - ` `
M_►MH�` ' •.
DC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
I hereby certify that I own property adjacent to Andrew Johnson's
(Name of Property Owner)
property located at 8740 Bald Eagle Lane
(Address, Lot, Block, Road, etc.)
on Intracoastal Waterway , in Wilmington,NC, N.C.
(Waterbody) (City/Town and/or County)
Th a icant has described to me. as shown below, the development proposed at the above location.
I have no objection to this proposal
I have objections to this proposal
DESCRIPTION AND/OR DRAWING OF PROPOSED DEVELOPMENT
(Individual proposing development must fill In description below or attach a site drawing)
RECEIVED
OCT 17 ?Oa
DCM WILMINGTON, NC
WAILER SECTION
I understand that a pier, dock, mooring pilings, boat ramp, breakwater, boathouse, lift, or groin must be set back
a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the
setback, you must initial the appropriate blank below.)
do wish to waive the 15' setback requirement.
•
I do not wish to waive the 15' setback requirement.
(Property Owner information) (Adja Pr rtyy r I rmatton)
,�..
.Sr,*tiJlt!ltrP,, -._: ,.,..�--,_.-. ,_.... .`furl l!/'•�.r
Richard Penny for Andrew Johnson CAA�'�"�e_i Gi2
Print or Type Name Pnnl h Nye
8740 Bald Eagle Lane _— 7/ �'�'o (07- /49 Lc,, E'
Mailing Address M'fly/;1dress
Wilmington.NC 28411 ' �y�/
Cily/Slale/Lrp Gir e .
704-770-8107/southparkpedo( gmail.com �_�'�rJ 5
Telephone Number/email address Telephone Nu► ber/email address
Tarr
(Revised Aug. 2014)
'Valid for one calendar year after signature'

U.S. Postal Service
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RECEIVED
NOV 1 0 Z02?.
DCM WILMINGTON, NC

U.S. Postal Service
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or on the front If space permits.
1. Article Addressed to: D.Is delivery address cid-erect from Item 1? 0 Yes
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Beachman, Kelsey
From: Beachman, Kelsey
Sent: Thursday, October 20,2022 8:14 AM
To: Richard Penny;Joyce Ladney
Cc: MacPherson,Tara
Subject: RE: [External] ADDITIONAL INFORMATION REQUESTED - 8740 Bald Eagle Ln.,
Wilmington
ADDITIONAL INFORMATION REQUIRED
PROJECT ADDRESS—8740 Bald Eagle Lane,Wilmington NC 28411
Good afternoon Rick,
DCM received your CAMA Major Application request for a new bulkhead and new floating platform on 10-17-2022 at
the subject address. In reviewing your application,we have discovered that additional information is needed for a
complete application. Please provide the following:
Narrative:
• Please update narrative to reflect dimensions of proposed bulkhead and any bulkhead wingwalls or tie-ins
MP1
• 3(d): Please correct the closest major waterbody to Middle Sound.
• 5(d): Please identify the dimensions of the proposed bulkhead, how far the proposed bulkhead will be in reference
to NHW and...
*MP2 FORMS(EXCAVATION& FILL) ARE REQUIRED FOR PROPOSED BULKHEAD WORK. PLEASE
SUBMIT*
MP4
• Please clarify where the proposed 6' x 6' finger pier is going to be constructed. Is this the new ramp to be
connected to the floating dock? Ramps are considered an accessory structure and are not required to be permitted.
Work Plats
• Please provide a cross-section for the proposed bulkhead.
• Drawing currently has two different scales referenced,please identify which scale is the correct one.
• Drawing states that it is Sheet 1 of 2,however,there was no Sheet 2 provided.
• Please label the name and the width of the adjacent waterbody.
• Please indicate whether the proposed bulkhead will include wingwalls or tiebacks. If the bulkhead is to include
wingwalls,please indicate the lengths of the proposed wingwalls.
• Please depict any proposed landscaping and access ways between the existing house structure and the proposed
bulkhead.
• Please identify the date in which Katherine flagged the coastal wetlands.
• Please clarify how the MHW line was determined. Is this from a survey?
Other Required Information
• Please provide a$400 check payable to NC DEQ for the application fee
1

Pre Fiie Request
If you have not done so, please send a request to pre file to this email:401 PreFileAncdenr.iov. I cannot process the
application until 30 days after the pre file date. Once you prefile, please send me a screenshot of the pre file request so I
can add it to the application package.
Tara and I will be out in the field next Wednesday,October 26'h,and will conduct a site visit for this app around low tide.
If you wish to meet us out there you can, we will set up a time.
Thank you,
Kelsey
Kelsey Beachman
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
Office. [phone]
[e-mail]
127 Cardinal Drive Ext.
Wilmington,NC 28405
Find a Field Reg (arcgis.com)
Ems?correspor dense to end from This address,s subject to the North
:,'srohne Public Records Lew end may be diadoaed to llwo parties.
From:Joyce Ladney<[e-mail]>
Sent: Wednesday,October 19, 2022 9:19 AM
To: Beachman,Kelsey<[e-mail]>
Cc: Richard Penny<[e-mail]>;Joyce Ladney<[e-mail]>
Subject: [External]Amount forMajor Permit Application for bulkhead and dock for 8740 Bald Eagle Lane
» 3 S !gbelktf•10ie1,t}irtyi,�tiltitti.� 1,1E1•,�`Tt i ,C. t�►tli� t Li `� '1't('( 4)c(�k l�if ){ {r rf t'. i,.t V Ilk is• .ilsl;
- Yi YF ! 4.Q�•- ;;'sf•''£�198 ' $ 'e �'M"�t"«' as"��?'# " �aAs r � e mob I�;` 3A¢¢'{ is YF°" � 5, �" • - +
6�a1 e � �tl 'x_S + .«... .r, ._ • ".e• �- t "rw'= �x..- ` � j �* ;�. 7>�°P�,�':F. s.
Kelsey,
I have not yet paid for the Major Permit with bulkhead and dock for 8740 Bald Eagle Lane that I submitted on
Monday. Have you been able to determine the cost of this permit so I can drop the check off at the office?
Thanks,Joyce
Sent from my iPhone
Begin forwarded message: RECEIVED
From:Joyce Ladney<[e-mail]> NON) 1 8 2022
Date: October 17,2022 at 6:14:40 PM EDT
To:[e-mail] flCM-MHD CITY
Cc:Richard Penny<[e-mail]>,Joyce Ladney<[e-mail]>
Subject: Major Permit Application for bulkhead and dock for 8740 Bald Eagle Lane
2

Book 6211 Page 1176
A110 Cl4tAl-t^!0Q
ZZOZ g T. AUN.
BK:RB 6211
PG:1176-1187 Nc FEE a64 00
013 1`N` RECORDED 2D19D124DD
�d lI �19 NEW HANOVER COUNTY,
04/30
12:01:25 PM TAMMY THEUSCH BEASLEY
REGISTER OF DEEDS E)CTx$p 00
BY:ANGELA ENGLISH
DEPUTY ELECTRONICALLY RECORDED
[Space Above This Line For Recording Data]
DEED OF TRUST
When recorded,return to:
HomeTrust Bank
iECEIVED
Attn:Mortgage Loan Operations
P.O.Box 10
Asheville,NC 28802-0010 OCT 17 2022
This document was prepared by:
Rhoda McCrimmon DCM WILMINGTON,NC
HomeTrust Bank
P.O.Box 10
Asheville,NC 28802.0010
800-627-1632
LOAN 4:3655626137
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 April 30,2019, together with
all Riders to this document.
(B)"Borrower"is ANDREW M JOHNSON AND HEIDI J JOHNSON,HUSBAND AND WIFE
Borrower is the trustor under this Security Instrument.
(C)"Lender"is HomeTrust Bank.
Lender is a State Chartered Bank, organized and existing under the taws of
The United States of America. Lender's address is P.O.Box 10,Asheville,NC
28802-0010.
Lender is the beneficiary under this Security Instrument.
(D)"Trustee"is Western North Carolina Service Corporation,A North Carolina Corporation.
(E) "Note"means the promissory note signed by Borrower and dated April 30,2019. The Note
states that Borrower owes Lender ONE MILLION ONE HUNDRED SIXTY THOUSAND AND NO/100
Dollars(U.S. 91,160,000.00
plus interest.Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later
than May 1,2049.
(F)"Property"means the property that is described below under the heading-Transfer of Rights in the P o. rt.'
Initials: 62. r
NORTH CAROLINA-Simile Family-Fannle Mae/Fraddle Mac UNIFORM INSTRUMENT Form 3034 1101
Elie Mae,Inc. Page 1 of 9 NCU 1, • 0315
Drawn by&return to: Ncu.. •(CLS)
ter• ,u•,•„w,'W,ti 0426.201901:1 PM PST
submitted electronically by "Fuss Law Firm, PC"
in compliance with North Carolina statutes governing recordable documents
and the terms of the submitter agreement with the New Hanover county Register of Deeds.

Book 6211 Page 1178 RECEIVED
OCT 17 2022
DCM WI LM INGT1411"lt 3655626137
UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows:
1. Payment of Principal,Interest,Escrow Items,Prepayment Charges,and Late Charges.Borrower shall pay
when due the principal of,and interest on,the debt evidenced by the Note and any prepayment charges and late charges
due under the Note.Borrower shall also pay funds for Escrow Items pursuant to Section 3.Payments due under the
Note and this Security Instrument shall be made in U.S.currency.However,if any check or other instrument received
nn n' by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,Lender may require that
ZZ a(, I A O N any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following
forms,as selected by Lender.(a)cash;(b)money order; (c)certified check,bank check,treasurers 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.
OJAI-331U Payments are deemed received by Lender when received at the location designated in the Note or at such other
location as may be designated by Lender in accordance with the notice provisions in Section 15.Lender may return any
payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.If Borrower has
breached any covenant or agreement in this Security Instrument and Lender has accelerated the obligations of Borrower
hereunder pursuant to Section 22 then Lender may accept any payment or partial payment insufficient to bring the Loan
current,without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In
the future,but Lender is not obligated to apply such payments at the time such payments are accepted.If each Periodic
Payment is applied as of its scheduled due date,then Lender need not pay interest on unapplied funds. Lender may
hold such unapplied funds until Borrower makes payment to bring the Loan current.If Borrower does not do so within
a reasonable period of time,Lender shall either apply such funds or return teem 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 Instrumert 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.Ary 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 full payment of one or more Periodic Payments, such excess may be applied to arty 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 pnnc:pal due under the Note shall
lot extend or postpone the due date,or change the amount,of the Periodic Payments.
3. Funds for Escrow hems.Borrower shall pay to Lender on the day Periodic Payments are due under the Note,
until the Note is paid in full,a sum(the"Funds")to provide for payment of amounts due for:(a)taxes and assessments
and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b)
leasehold payments or ground rents on the Property, if any;(c)premiums for any and all insurance required by Lender
under Section 5;and(d)Mortgage Insurance premiums,if any,or any sums payable by Borrower to Lender in lieu of
the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10.These items are called
"Escrow Items."At origination or at any time during the term of the Loan,Lender may require that Community Association
Dues, Fees, and Assessments, if any,be escrowed by Borrower,and such dues,fees and assessments shall be an
Escrow Item.Borrower shall promptly 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.Bor-
rower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant
and agreement contained in this Security Instrument,as the phrase"covenant and agreement'is used in Section 9.
If Borrower is obligated to pay Escrow Items directly,pursuant to a waiver,and Borrower fails to pay the amount due
for en 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 ahatl 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 orApplicable 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.
Initials:
NORTH CAROLINA--Single Famiy-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form IOU 1/01
Etta Mae,Inc Page 3 of 9 NC E 315
NOVO EO LS)
•rat• ••rLL 04/26/201001:1 PST
It ��

Book 6211 Page 1180 RECEIVED
OC T 17 2022
DM WIfLMIN'TQk I,4OAN ft 3655626137
paid by Borrower)under all Insurance policies covering the Props y, inso ar as uc g are applicable to the
coverage of the Property Lender may use the insurance proceeds either to repair or restore the Property or to pay
amounts unpaid under the Note or this Security Instrument,whether or not then due.
6, Occupancy.Borrower shall occupy, establish, and use the Property as Borrower's principal residence within
60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal
residence for at least one year alter 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,
AltoC 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
GGl''' restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
0o 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 tender has released
proceeds fcr such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed.if the insurance or condemnation proceeds are not sufficient
to repair or restore the Property,Borrower is not relieved of Borrower's obligation for the completion of such repair or
restoration.
Lender or its agent may make reasonable entries upon and inspections of the 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 cease.
a. Borrower's Loan Application.Borrower shall be in default if,during the Loan application process, Borrower
or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially
false,misleading,or inaccurate information or statements to Lender(or failed to provide Lender with material information)
in connection with the Loan. Material represertations 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 Instrument,including protecting and/or assessing the value of the Property,and securing and/or repairing
the Property.Lender's actions can include,but are not limited to:(a)paying any sums secured by a hen 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.It is agreed that Lender incurs no tfabillty 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 shell be
payable,with such interest,upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease.Borrower shall
riot surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease.Borrower shall
not,without the express written consent of Lender,alter or amend tie ground lease,If Borrower acquires fee title to the
Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10. Mortgage Insurance.If Lender required Mortgage Insurance as a condition of making the Loan,Borrower shall
pay the premiums required to maintain the Mortgage Insurance in effect. If,for any reason,the Mortgage insurance
coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance
and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance
previously in effect at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in
effect,from an alternate mortgage insurer selected by Lender.If substantially equivalent Mortgage Insurance coverage
is not available,Borrower shall continue to pay to Lender the amount of the separately designated payments that were
due when the insurance coverage ceased to be in effect.Lender will accept,use and retain these payments as a non-
refundable loss reserve, if permitted under Appl cable 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 en 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 Appliceote 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.
Initiate:
NORTH CAROLINA--S'ngle Family--Fannie MaeiFreddie Msc UNIFORM INSTRUMENT Form 303415C1
Elio Mae,Inc. Page 5 of 9 NC E 315
N EE LSl
r ti 04726/2019 01:12 PM PSI
•{ :r

RECEIVED Book 6211 Page 1162
OCT 17 NO
55626137
C' ltfStrWi¢nennt but does no execute the Note(a`co-signer'):(a)is co-signing this Security Instrument only to mortgage,
grant and convey the co-signer's interest in the Property under the terms of this Security Instrument;(b)is not personally
obligated to pay the sums secured by this Security Instrument;and(c)agrees that Lender and any other Borrower can
agree to extend,modify,forbear or make any accommodations with regard to the terms of this Security Instrument or
the Note without the co-signer's consent.
Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations
under this Security Instrument in writing,and is approved by Lender,shall obtain all of Borrower's rights and benefits
under this Security instrument. Borrower shall not be released from Borrower's obligations and liability uncer this
Security Instrument unless Lender agrees to such release in writing.The covenants and agreements of this Security
Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Lender,
14. Loan Charges.Lender may charge Borrower fees for services performed in connection with Borrower's default,
for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but
not limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees,the absence of express
authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the
charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by
Applicable Law.
If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest
or other loan charges collected or to be collected in connection with the Loan exceed the permitted 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 cf 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 not ce 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.Any notice to Lender
shall be given by deliverir.g it or by mailing it by first class mail to Lender's address stated herein unless Lender has
aesignated another address by notice to Borrowe'.Any notice in connection with this Security Instrument shall not be
deemed to have been given to Lender until actually received by Lender.If any notice required by this Security Instrument
is also required under Applicable Law,the Applicable Law requirement will satisfy the corresponding requirement under
this Security instrument,
16. Governing Law;Severability;Rules of Construction.This Security Instrument shall be governed by federal
law and the law of the jurisdiction in which the Property is located.All rights and obligations contained in this Security
Instrument are subject to any requirements and limitations of Applicable Law.Applicable Law might explicitly or implicitly
allow the parties to agree by contract or it might be silent,but such silence shall not be construed as a prohibition against
agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with
Applicable Law,such conflict shall not affect other provisions of this Security Instrument or the Note which can be given
effect without the conflicting provision.
As used in this Security Instrument,(a)words of the masculine gender shall mean and include corresponding neuter
words or words of the feminine gender;(b)words in the singular shall mean and include the plural and vice versa;and
(c)the word may gives sole discretion without any obligation to take any action.
17. Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower.As used in this Section 18, "Interest in the
Property"means any legal or beneficial interest in the Property,including, but not limited to,those bereflcial 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 peroe,
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 aria 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 velueton 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. ender may
Initials:
NORTH CAROLINA—Single Family—Fannie MOwFreddia Mac UNIFORM INSTRUMENT Form 30341/01
Elie Mee,Inc. Page 7 of 9 NC ED 75
NG EE LS)
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Book 6211 Page 1184
LOAN a:3655626137
in one or more parcels and in any order Trustee determines.Lender or its designee may purchase the Property
at any sate.
Trustee shalt deliver to the purchaser Trustee's deed conveying the Property without any covenant or
warranty,expressed or implied.The recitals in the Trustee's deed shall be prima facie evidence of the truth
of the statements made therein.Trustee shall apply the proceeds of the sale in the following order:(a)to all
expenses of the sale,including,but not limited to,Trustee's fees of 5.00% of the gross sale price;(b)
to all sums secured by this Security Instrument;and(c)any excess to the person or persons legally entitled to
it.The interest rate set forth in the Note shall apply whether before or after any judgment on the indebtedness
evidenced by the Note.
23. Release.Upon payment of all sums secured by this Security Instrument,Lender or Trustee shall cancel this
Security Instrument.If Trustee Is requested to release this Security Instrument,all notes evidencing debt secured by this
Security Instrument shall be surrendered to Trustee. Borrower shall pay any recordation coats.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.
CII' 24. Substitute Trustee.Lender may from time to time remove Trustee and appoint a successor trustee to any
al c .
Trustee appointed hereunder by an instrument recorded in the county in which this Security Instrument is recorded.
- Without conveyance of the Property,the successor trustee shall succeed to all the title,power and duties conferred upon
%' Of Trustee herein and by Applicable Law.
Li r 25.Attorneys'Fees.Attorneys'fees must be reasonable.
UBY SIGNING UNDER SEAL BELOW,Borrower accepts and agrees to the terms and covenants contained in this
G Security tnstrument and In any Rider u by Borrower and recorded with it.
f".
00//7 (Seal)
AN REW M J H SO ATE
HEIDI JO ON 4f 3' DATE(Seal)
STATE of NeMr" CO^'3(4..Je }
} SS:
COUNTY of MCA-K-4-t^Jo14.- )
I certify that the following person(s)personally appeared before me this day,each acknowledging to me that
he or she voluntarily signed the foregoing document:ANDREW M JOHNSON AND HEIDI J JOHNSON.
Date: y//0/i' (Official Seal)
Official Signature of Notary `��.0,0011NR,,,,,,!,��
IL'>,A 1 1LO,JCt.4 4 b0C
Notary's printed or typed name,Notary Public _ 1otoiv P9 COunty S
/ ` mecxtmmisston t'`P
My commission expires: 5 / r i A S `MV COp51t 120t9 y\��``
Lender.HomeTrust Bank '%''/-4,i IIilio,'��
NMLS ID:528079
Loan Originator:Eileen AVargosko
NMLS ID:414421 RECEIVED
OCT 17 202Z
DCM WILMINGTON,NC
Initials: & k/
NORTH CAROUNA••Sin0Ie Family-Fannie Mae&Freddle Mac UNIFORM INSTRUMENT Form 3034 1101
Ellie Mae,Inc. Page 9 of 9 NCUO D U 5
NCUD c D( S)
•1' 04l26I2019 01:12 PM PST

Book 6211 Page 1196
RECEIVED
c V OCT 17 2022
CITD
DCM WILMINGTON,NC
r
HomeTrust Bank
Sln,r IOY
© LOAN#:3655626137
ADJUSTABLE RATE RIDER
(Treasury Index)
This ADJUSTABLE RATE RIDER is made this the 30th day of April,2019
and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust or Security Deed (the "Security Instrument") of the same date given
by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note to
HomeTrust Bank
(the"Lender"), of the same date (the"Note") and covering the property described in
the Security Instrument and located at:
8740 Bald Eagle Lane,Wilmington,NC 28411
[Property Address]
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT.THE NOTE LIMITS THE
AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND ESTABLISHES THE MINIMUM AND MAXIMUM RATES THE
BORROWER MUST PAY.
Additional Covenants.In addition tothe covenants and agreements made in the Security
Instrument,Borrower and Lender further covenant and agree as follows:
(A)INTEREST RATE AND MONTHLY PAYMENT CHANGES.
The Note provides for an"Initial Interest Rate"of 3.750%. The Note interest
rate may be increased or decreased beginning on the 1st day of May,2029
and on the 1st day of the month every 12th month(s)thereafter(the"Change
Date").
Changes in the interest rate shall be TWO AND THREE-FOURTHS percentage
point(s) ( 2.750% )above an interest rate index called the"Index."The Index
is:
The weekly average yield on United States Treasury securities adjusted
to a constant maturity of one(1)year,as made available by the Fed-
eral Reserve Board.The most recent Index figure available as of the
date 45 days before each Change Date is called the"Current Index."
At any Change Date,the minimum interest rate is 3.750% and the maximum
interest rate is 9.750%.
If the interest rate changes, the amount of the Borrower's monthly payments will
change as provided in the Note. Increases in the Interest rate will result in higher
payments.Decreases in the interest rate will result in lower payments.
Ad)ustaBle Rate Riser—Tteesury Index(11/11) Initials:
Ens Mae,Inc. Page 1 of 2 L11.:^i
L1106• -. S)
04/2E/2019 0 .12 PM PST
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Hook 6211 Page 1187
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LOAN#:3655628137
BY SIGNING BELOW Borrower accepts and agrees to the terms and covenants con-
tained in this ' stabRate Rider.,
136f)55 (Seal)
ANDR H • / DATE
f/3D4 2 (Seat)
H JJO . SIN ATE
RECEIVED
OCT 1 T Z022
DCM W ILMINGTON,NC
Adlustable Rale Rider-Treasury Index(11/tt) Initials:
Die Mae.Inc. Page 2 of 2 L11069064 Ou 1.
L1106806 LU(
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yat •

Hook 6211 Page 1185
Q _N
W N 'L.' ATTACHMENT
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BEING ALL OF Lot Number Eleven(11)in Section A(extended)according to the survey prepared by JA Loughlin,Civil Engineer in
November 1952 and recorded in the office of the Register of Deeds of New Hanover County in Map Bodo 5 at Page 63 and being
he same property conveyed or intended to be convyed as Tract No Two to Dorothy A Roberts(Widow)by George L.Can,Trustee
and Bessie C Darden and RB Davis by Warranty Deed recorded on the eth day ofApril 1953 in Book 543 at Page 206 of the New
Hanover County Registry and being also the same property conveyed by DorothyA Roberts,widow,to H Hunter Beaten and wife
by deed recorded April 10,1973 in Book 967 at Page 519 of the New Hanover County Register.
TOGETHER with such title and interest as the Grantor has to that portico of land and water lying between the lot heretokxe referred
to and the inland waterway within the lines extending their property lines as shown on map above referred to running at right angle to
the road across the land,water,etc,to the edge of the waterway.
Also known as 8740 Bald Eagle Lane,Wilmington,NC 28411.
DECEIVED
��� � 2222
DCM W11.M�NGTC� "C
2019030100
8740 Bald Eagle Lane,Wttningbn,NC 28411

}. RECEIVED
,v -r Book 6211 Page 1183 OCT 17 •
2022
up
DCM WILMINGTON,NC
LLI
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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 securec
hereby shall remain fully effective as if no acceleration had occurred.However,this right to reinstate shall not apply in
the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance.The Note or a panial interest in the Note
(together with this Security Instrument)can be sold one or more times without prior notice to Borrower.A sale might
result In a change in the entity(known as the"Loan Servicer')that collects Periodic Payments due under the Note
and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security
Instrument,and Applicable Law.There also might be one or more changes of the Loan Servicer unrelated to a sale
of the Note.If there is a change of the Loan Servicer,Borrower will be given written notice of the change which will
state the name and address of the new Loan Servicer,the address to which payments should be made and any other
information RESPA requires in connection with a notice of transfer of servicing.Fite 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 trarsferred to a successor Loan Service-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 the other party's actions pursuant to this Security Instrument or that alleges
that the other party has breached any provision of,or any duty owed by reason of,this Security Instrument,until such
Borrower or Lender has notified the other party(with such notice given in compliance with the requirements of Section
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 ar
Environmental Cleanup.
Borrower shall not cause or pe-mit 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 cr 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 tace all
necessary remedial actions in accordance with Environmental Law.Nothing herein shall create any obligation on Lender
for an Environmental Cleanup.
NON-UNIFORM COVENANTS.Borrower and Lender further covenant and agree as follows:
22. Acceleration;Remedies.Lender shall give notice to Borrower prior to acceleration following Borrower's
breach of any covenant or agreement in this Security Instrument(but not prior to acceleration under Section 18
unless Applicable Law provides otherwise).The notice shall specify;(a)the default;(b)the action required to
cure the default;(c)a date,not less than 30 days from the date the notice is given to Borrower,by which the default
must be cured;and(d)that failure to cure the default on or before the date specified in the notice may result in
acceleration of the sums secured by this Security Instrument and sale of the Property.The notice shall further
inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding
the non-existence of a default or any other defense of Borrower to acceleration and sale.If the default Is not cured
on or before the date specified in the notice,Lender at Its option may require immediate payment in full of all sums
secured by this Security Instrument without further demand and may invoke the power of sale and any other
remedies permitted by Applicable Law.Lender shall be entitled to collect all expenses incurred in pursuing the
remedies provided in this Section 22,including,but not limited to,reasonable attorneys'fees and costs of 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 n•is• of s.le
Initials: ��la—�/�
NORTH CAROLINA—Single FarnVly—Fannie Mae7Fred 03 dlo Mac UNIFORM INSTRUMENT Form 34 11p'I
Ellie Mae,Inc. Page 8 of 9 NC A , 0315
NC• ''•(CLS)
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Book 62§r-Pcs llltri
OCT 17 2022
AaillsnA NGT.OnI NC LOAN it:3655626137
Mortgage insurers evaluate their total risk on s e iiie )once 1n 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:
(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 PJlortgage 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 shail rot be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened,the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.
Such Miscellaneous Proceeds shall be appfied in the order provided for in Section 2.
In the event of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,paid to Borrower.
In the event of a partial taking,destruction,or loss in value of the Property in which the fair market value of the Property
immediately before the partial taking,destruction,or loss in value is equal to or greater than the amount of the sums
secured by this Security Instrument immediately before the partial taking,destruction,or loss in value,unless Borrower
and Lender otherwise agree in writing,the sums secured by this Security Instrument shall be reduced by the amount of
the Miscellaneous Proceeds multiplied by the following fraction:(a)the total amount of the sums secured immediately
before the partial taking,destruction,or loss n 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 teeing, 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 faits to respond to Lender within
30 days after the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either
to restoration or repair of the Property or to the sums secured by this Security Instrument,whether or 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 Properly or other material impairment of Lender's interest in the Property or rights under this Security
Instrument.The proceeds of any award or claim for damages that are attributable to the Impairment of Lender's interest
in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order
provided for in Section 2.
12. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for payment or
modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any
Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of
Borrower.Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to
refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by
reason of any demand made by the original Borrower or any Successors in Interest of Borrower.Any forbearance by
Lender in exercising any right or remedy including,without limitation. Lender's acceptance of payments from third
persons,entities or Successors in Interest of Borrower or 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 his Secur
Initials; ik s/
NORTH CAROLINA--S'role camly--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30341I01
©lie Mae,Mc. Page 6 of 9 Nc e 315
N _E+• LS)
•rr• Oa20J2p18 01.12• PST

Book 6211 Page 1179 RECEIVED
KT1i 2022
t i1ING 14©655626137
If there is a surplus of Funds held in escrow, as defined under RESPA, LQOr )a11"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 arty
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 cefends against enforcement of
the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those
proceedings are pending,but only until such proceedings are concluded;or(c)secures from the holder of the lien an
agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part
of the Property is subject to a lien which can attain priority over this Security Instrument,Lender may give Borrower a
notice identifying the lien.Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take
one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge fora real estate tax verification and/or reporting service used
by Lender in connection with this Loan.
5. Property Insurance.Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire,hazards included within the term'extended coverage,'and any other hazards including,
but not limited to,earthquakes and floods,for which Lender requires insurance.This insurance shall be-maintained in
the amounts(including deductible levels)and for the periods that Lender requires.What Lender requires pursuant to
the preceding sentences can change during the term of the Loan.The insurance carrier providing the insurance shall
be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,which right shalt not be exercised
unreasonably, Lender may require Borrower to pay, in connection with this Loan, either (a) a one-time charge for
flood zone determination,certification and tracking services;or(b)a one-time charge for flood zone determination and
certification services and subsequent charges each time remappings or similar changes occur which reasonably might
affect such determination or certification.Borrower Shall also be responsible for the payment of any fees imposed by
the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting
from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at
Lender's option and Borrower's expense.Lender is under no obligation to purchase any particular type or amount of
coverage.Therefore,such coverage shall cover Lender,but might or might not protect Borrower,Borrower's equity in
the Property,or the contents of the Property,against any risk,hazard or liability and might provide greater or lesser
coverage than was previously in effect.Borrower acknowledges that the cost of the insurance coverage so obtained
might significantly exceed the cost of insurance that Borrower could have obtained.Any amounts disbursed by Lender
under this Section 5 shall become additional debt of Borrowersecured by this Security Instrument.These amounts shall
bear Interest at the Note rate from the date of disbursement and shalt be payable,with such interest,upon notice from
Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies,shall include a standard mortgage clause,and shall name Lender as mortgagee and/or as
an additional loss payee.Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices.If Borrower obtains any form
of insurance coverage, not otherwise required by Lender,for damage to,or destruction of,the Property,such policy
shall include a standard mortgage clause and shall name Lender as mortgagee and/or as en additional loss payee.
In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof
of toss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance
proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of
the Property,if the restoration or repair's economically feasible and Lender's security is not lessened.During such repair
and restoration period,Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity
to inspect such Property to ensure the work has been completed to Lender's satisfaction,provided that such inspection
shall be undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in
a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Borrower any interest or
earnings on such proceeds.Fees for public adjusters,or other third parties,retained by Borrower shall not be paid out
of the 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 far in Section 2.
If Borrower abandons the Property,Lender may file,negotiate and settle any available insurance claim and related
matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to
settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given.
In either-event,or if Lender acquires the Property under Section 22 or otherwise,Borrower hereby assigns to Lender
(a)Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this
Security Instrument,and(b)any other of Borrower's rights(other than the right to any refund of unearned p 'u
Initials:
NORTH CAROLINA—Singis Family—Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 303.1101
Ellie Mee,inc. Page 4 of 9 NCU EO 15
NCU CLS)
'1' ♦ 04/261201901.12 PM PST
xe: : fi rb

Book 6211 Page 1177
LOAN#:3655626137
Vl (G)"Loan"means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under
[LI c. the Note,and all sums due under this Security Instrument,plus interest.
(H) "Riders"means all Riders to this Security Instrument that are executed by Borrower.The following Riders are to be
ter. C executed by Borrower(check box as applicable).
aij Adjustable Rate Rider Ll Condominium Rider ❑ Second Home Rider
❑ Balloon Rider ❑ Planned Unit Development Rider ❑ Other(s)[specify]
❑ 1-4 Family Rider ❑ Biweekly Payment Rider
Q V.A.Rider
(I) "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.
(J) "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.
(K) "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.
(L) "Escrow Items"means those items that are described in Section 3-
(M)"Miscellaneous Proceeds"means ary compensation,settlement,award of damages,or proceeds paid by any
third party(other than insurance proceeds paid under the coverages described in Section 5)f0r.(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.
(N) "Mortgage Insurance"means Insurance protecting Lender against the nonpayment of,or default on,the Loan.
(0) "Periodic Payment"means the regularly scheduled amount due for(i)principal end interest under the Note,plus
(ii)any amounts under Section 3 of this Security Instrument.
(P) "RESPA"means the Real Estate Settlement Procedures Act(12 U.S.C. §2601 et seq.) and its implementing
regulation,Regulation X(12 C.F.R.Part 1024),as they might be amended from time to time,or any additional or suc-
cessor legislation or regulation that governs the same subject matter.As used in this Security Instrument,-RESPA"
refers to all requirements and restrictions that are imposed in regard to a"federally related mortgage loan"even if the
Loan does not qualify as a'federally related mortgage loan"under RESPA.
(Q) "Successor in Interest of Borrower"means any party that has taken title to the Property,whether or not that party
has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender:(i)the repayment of the Loan,and all renewals,extensions and modifications
of the Note;and(ii)the performance of Borrower's covenants and agreements under this Security Instrument and the
Note. For this purpose, Borrower irrevocably grants and conveys to Trustee and Trustee's successors and assigns,in
trust,with power of sale,the following described property located In the County
[Type of Recording Jurisdidionl of New Hanover [Name of Recording JurladlUkon]:
SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS"EXHIBIT A".
APN#: R03017-002-009-000
ECEE�
�Cj A OW 2022
DCM WiLM1NG1: NC
which currently has the address of 8740 Bald Eagle Lane,Wilmington,
[Street][City/
North Carolina 28411 ('Property Address")'.
(Zip Codel
TO HAVE AND TO HOLD this property unto Trustee and Trustee's successors and assigns,forever,together with
all the improvements now or hereafter erected on the property,and all easements.appurtenances,and fixtures now or
hereafter a part of the property.All replacements and additions shall also be covered by this Security Instrument.Alf of
the foregoing is referred to in this Security Instrument as the'Property,"
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant
and convey the Property and that the Property is unencumbered,except for encumbrances of record.Borrower warrants
and will defend generally the title to the Property against all claims and demands,subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with
limited variations by jurisdiction to constitute a uniform security instrument covering real property.
Initials:
NORTH CAROLINA--Single Family—Fannie MaelFreddla Mac UNIFORM INSTRUMENT Form 3036 1101
Ellie Mae,Inc Page 2 of 9 NCO CO 5
NCI.) . LS)
.q,r•I.,r_ '�.�{yi�,,��}ti 0426/2019 01:12 M PST
1

NC Division of Coastal Management AEcAh(l,e, 31)
Fee: $ tt-e-p # Z21
Major Permit Application Computer Sheet CDAITS MHC c
Applicant: An(1 r 4- 'rki di Tolfmnso r
Agent/Contractor: j-c ar peony
14
Project Site County: I �- 1 ado ve —
E
Staff: ej sei iMQ I.G,ma n District: Wilmington
Project Name: g-4 4 O IA ri le tare Rover File:n/a River B�sip: if, R,e,_
Initial date of application submittal: /Q // A z LU!'N
Date application"received as complete"in the Field office: II J
ell
ZZ
Permit Authorization: [i/CAMA 2 Dredge&Fill❑Both
NOV 1 8 2G22
SITE DESCRIPTION/PERMIT INFORMAT ON _/
ORW: LJ�Yes OW PNA: Oyes L i No Photos Taken: Yes❑ Nod Setbacft,geq rec� flptrian): Oyes L�JNo
Critical Habitat: Eyes ❑No [ lot Sure 15 foot waiver obtained: Oyes 2 o Hazard No fication Returned:
Dyes 21%
SAV: Oyes MNo ['Not Sure Shell Bottom: Oyes ❑No lot Temporary Impacts: r es ❑No
Sure
Sandbags: Oyes iNo ❑ Not Sure Did the land use clan fication come Mitigation fy2equired(optional):
from county LUP: es ❑No ❑Yes ZNo
Moratorium Conditions. Environm tal Assessment Done. Length of Shoreline:
❑Yes ❑No LA ❑Yes 6dNo DNA /Q( FT
I Shellfish Area Designation: Project Description: (code) Development Area: (code)
Ope -or- Closed
SECONDARY WATER CLASSIFICATION—OPTIONAL(choose MAX of 4)
❑ Future Water Supply(FWS) ❑ utnent Sensitive Waters (NSW) ❑ Swamp Waters(SW)
❑ High Quality Waters(HQW) Outstanding Resource Waters(ORW)
WETLANDS IMPACTED
j❑ (404)Corp. of Engineers (Jurisdictional ❑ (LS)Sea lavender(Limonium sp) I ❑ (SS)Glasswort(Salicornia sp.)
wetlands)
❑ (CJ)Saw grass (Cladium jamaicense) i(SA) Salt marsh cordgrass(Spartina ❑ (SY)Salt reed grass(Spartina
alterniflora) cynosuroides)
'i ❑ (DS)Salt or spike grass(Distichlis '� ❑ (SC) Bullrush or three square(Sarpus ❑(TY)Cattail(Typha sp.)
spicata) sp
❑ (JR) Black needlerush (Juncus (SP) Salt/meadow grass(Spartina
roemerianus) patens)
APPLICATION FEE
1 ❑ No fee required -$0.00 I ❑ III(A) Private w/D&F up to 1 acre,3490 III(D)Priv.public or Comm w/D&F to 1
i can be applied -$250 acre,4144 can't be applied-$400
i ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major El IV Any development involving D&F of
permit-$100 permit -$250 more than 1 acre -$475
• ❑ Permit Transfer-$100 ❑ III(B) Public or commercial w/D&F to 1 ❑ Express Permit-$2000
acre;4144 can be applied -$400
0 Major development extension request- ❑ II. Public or commercial/no dredge
$100 and/or fill -$400
j ❑ I. Private no dredge and/or fill-$250 0 III(C)Priv. public or comm w/D&F to 1 i
acre; 4144 can be applied; DCM needs
DWQ agreement -$400 i

Applicant: r e
Date: Ill L C 2071-
Describe below the ACTIVITIES that have been applied for. All values should match the dimension order,and units of
measurement found in your Activities code sheet.
TYPE REPLACE
Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4
One One
.b4-1 New Work Si Replac1e! ob
Maint❑ ❑Y CSA
rs I New Work V/ Rep ce
Maint 70 ❑N $ 3Z
New Work 0 Replace
Maint❑ ❑Y ❑N
New Work❑ - Replace
Maint❑ ❑Y ❑N
New Work❑ Replace
Maint❑ ❑Y ❑N
New Work 0 Replace
Maint❑ ❑Y ❑N
New Work 0 Replace
Maint❑ ❑Y ❑N
New Work 0 Replace
Maint❑ ❑Y ❑N
Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found
in your Habitat code sheet.
TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet I FINAL Feet
(Applied for (Anticipated final (Applied for I (Anticipated final
Habitat Name DISTURB TYPE Disturbance total disturbance. Disturbance disturbance.
Choose One includes any Excludes any total includes Excludes any
anticipated restoration any anticipated restoration and/or
restoration or and/or temp restoration or temp impact
temp impacts) impact O� amount) temp impacts) amount)Dredge❑ Fill❑ Both ❑ Other [/ a�6 aV C
Dredge E Fill �! D (f=/11O r Both ❑ Other ❑ /�
Dredge ID Fill L1� Both ❑ Other ❑ 2. 120 2 110
Dredge 0 Fill 0 Both ❑ Other 0
Dredge❑ Fill 0 Both ❑ Other 0
Dredge 0 Fill 0 Both ❑ Other ❑
Dredge❑ Fill❑ Both ❑ Other ❑ I RF(Ftv n
Dredge❑ Fill 0 Both ❑ Other ❑
to,
B 2Ci2
DCM-MHO CITY
919-733-2293:: 1.888-4RCOAST :: •,vww.nccoastalmanagement.net revised: 02/26/18

Major Permit Fee Schedule
Project Name: County: Check No&Amount:
IVe) 522I
4 ch l-1ar,aver 1400. oo
Development Type Fee DCM % DWQ
(14300160143510009316256253) (2430016024351000952341)
I.Private,non-commercial development
that does not involve the filling or $250 100% ($250) 0% ($0)
excavation of any wetlands or
open water areas:
II.Public or commercial development that
does not involve the filling or excavation $400 100% ($400) 0% ($0)
of any wetlands or open water areas:
III. For development that involves the
filling and/or excavation of up to 1 acre
of wetlands and/or open water areas,
determine if A,B,C,or D below applies:
III(A).Private,non-commercial
development, if General Water Quality $250 100% ($250) 0% ($0)
Certification No.4175 can be applied:
III(B).Public or commercial development,
if General Water Quality Certification $400 100% ($400) 0% ($0)
No,4175 can be applied:
III(C). If General Water Quality
Certification No.4175 could be applied,
but DCM staff determined that additional $400 2 60% ($240) 40% ($160)
review and written DWQ concurrence is
needed because of concerns related to
water quality or aquatic life:
A
r
III(D). If General Water Qualit• $400 / 60% ($240) 40% ($160)
Certification No.4175 cannot be ap* e
IV. Development that involves the filling
and/or excavation of more than one acre $475 60% ($285) 40% ($190)
of wetlands and/or open water areas:
DCM-MHD CITY

dam,STATE 4
i, ,. N
ROY COOPER R i
Governor 4t
ELIZABETH S.BISER
Secretary *you l'_
BRAXTON DAVIS NORTH CAROLINA
Director Environmental Quality
November 18, 2022
MEMORANDUM:
FROM: Cameron Luck,Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(c�NCDENR.gov
SUBJECT: CAMA/D &F
Applicant: Andrew and Heidi Johnson
Project Location: 8740 Bald Eagle Lane, adj. to AIWW/Middle Sound, Wilmington, New Hanover
County
Proposed Project: The applicant proposes to replace existing floating dock with a new, longer
floating dock. A new vinyl bulkhead will be installed 30' landward of normal high
water(NHW), resulting in 240 sqft of Coastal Wetland Fill.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 14, 2022. If you have any
questions regarding the proposed project, contact Kelsey Beachman at(910) 796-7270 when
appropriate, in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
**Additional comments may be attached**
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
AGENCY
SIGNATURE DATE
Q North Carolina Department of Environmental Quality I Division of Coastal Management
!�N/ D E Wilmington Office 1127 Cardinal Drive Extension I Wilmington,North Carolina 28405
Dom"a Erevarenrnolal � /4" 910.796.7215

RECEIVED
Form DCM MP-2 NOV 0 9 2022
EXCAVATION and FILL
DCM WILMINGTON, NC
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access Other
Channel Canal Boat Basin Boat Ramp Rock Groin Rock {excluding
(NLW or Breakwater shoreline
NWL) stabilization)
Length
Width
Avg.Existing NA NA
Depth
Final Project NA NA
Depth
1. EXCAVATION EThis section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c. (i)Does the area to be excavated include coastal wetlands/marsh d. High-ground excavation in cubic yards.
(CW),submerged aquatic vegetation(SAV),shell bottom(SB),
or other wetlands(WL)? If any boxes are checked,provide the
number of square feet affected.
❑CW ❑SAV ❑SB
OWL [None
(ii)Describe the purpose of the excavation in these areas:
VO I
2. DISPOSAL OF EXCAVATED MATERIAL ®This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
c. (I)Do you claim title to disposal area? d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No DNA Oyes ONo DNA
(ii)If no,attach a letter granting permission from the owner. (ii)If yes,where?
e. (I)Does the disposal area Include any coastal wetlands/marsh f. (I)Does the disposal Include any area in the water?
(CW),submerged aquatic vegetation(SAV),shell bottom(SB), Oyes ❑No DNA
or other wetlands(WL)? If any boxes are checked,provide the
number of square feet affected. (II)If yes,how much water area is affected?
❑CW ❑SAV ❑SB
OWL DNone
(ii)Describe the purpose of disposal in these areas: RECEIVED
NOV t@ '022
fr1( rt4._My n C[TV
252-808-2808 :: 1.888-4RCOAST :: www.nccoastalmananement.net revised:12/26/06

litutivtu
NOV 0 9 2022
Form DCM MP-2 (Excavation and Fill, Page 2 of 2)
3. SHORELINE STABILIZATION DCM WILMINGTON, This section not applicable
(If development is a wood groin, use MP-4—Structures)
a. Type of shoreline stabilization: b. Length: 106'
®Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: Width: 2'
c. Average distance waterward of NHW or NWL: d. Maximum distance waterward of NHW or NWL:
Approximately 30'landward of NHW 0'FROM NHW
e. Type of stabilization material: f. (i) Has there been shoreline erosion during preceding 12
Sand/gravel months?
❑Yes ®No DNA
(ii)If yes,state amount of erosion and source of erosion amount
Information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill 0 Riprap Sand
Breakwater/Sill Other
i. Source of fill material.
Jeat pit(Rocky Point)
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (I) Will fill material be brought to the site? ®Yes ❑No DNA b. (i)Will fill material be placed in coastal wetlands/marsh(CW),
If yes, submerged aquatic vegetation(SAV),shell bottom(SB),or
(II)Amount of material to be placed in the water p other wetlands(WL)? If any boxes are checked,provide the
number of square feet affected.
(iii)Dimensions of fill area 39'x 4' IZICW 242 ❑SAV ❑SB
(iv)Purpose of fill OWL ❑None
Fill will be placed behind bulkhead and will bring grade up (ii)Describe the purpose of the fill in these areas:
neighboring properties. The fill will help stabilize the
Fill will be placed behind bulkhead which will connect
existing steep grade which Is eroding during heavy rains bulkheads on adjoining properties.Fill will help stabilize
and extreme high tides. existing steep grade on property.
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used(e.g.,dragline,
controlled? backhoe,or hydraulic dredge)?
Bulkhead will be placed prior to fill. Geotextile will be installed. Mini-excavator and/or track steer
c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project
❑Yes ONo DNA site? Dyes ©No DNA
(ii)If yes,explain what type and how they will be implemented. (ii)If yes,explain steps that will be taken to avoid or minimize
environmental impacts.
n/a
n/a
11/08/2022 Richard L.Penny
Date a Applicant Name J446 Richard Digitally signed by
Richard L.Penny
Project Name 1\d U Applicant Signature (L.
penny Date:2022.11.08
L�• 16:59:18-05'00'
DCM-MHP CITY
252-808-2808:: 1-888-4RCOAST c www.nccoastalmanagoment.net revised:12/26/06

Richard Penny Construction, LLC
PIM 133 Sound View Drive N
Ham stead NC 28443
(910�352-1'317
www.rpcmarine.com
MARINE 0/0
22 September 2022
Permit Officer
127 Cardinal Dr. Ext
Wilmington,NC NC 28405-3845
RECEIVED
OCT 17
RE: Johnson Major Permit Application Narrative
DCM WILMINGTON. 14C,
Dear Permit Officer,
Mr. Andrew Johnson is requesting that a Major Permit be issued for the installation of bulkhead
and improved floating dock at 8740 Bald Eagle Lane, Wilmington,NC 28411. This structure
would be for the recreational use of the homeowner.
The homeowner is requesting this bulkhead to mitigate erosion of the property. The property
slope is fairly severe and run-off from rain and severe high-tides have caused some erosion. The
bulkhead would join the neighbor's existing bulkheads. The bulkhead sheet piles would be set
using an excavator or small vibratory hammer. Construction materials would be stored on dry
land covering approximately 1500 sqft.
The existing floating dock of 8'x16' would be replaced with a floating dock measuring 8'x32'.
The homeowner has a vessel measuring 25', which is difficult to maneuver to the existing dock.
The project proponent hereby certifies that all information contained herein is true, accurate, and
complete to the best of my knowledge and belief.
The project proponent hereby requests that the certifying authority review and take action on this
CWA 401 certification request within the applicable reasonable period of time.
Please contact me at your convenience should you have any questions.
Respectfully yours,
RECFIE FD
Richard L. Penny,
NC General Contractor License No. 79403 NOV 1 S .2C22
DCM-MHD CITY

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CSi BULKHEAD SECTION
2 / SCALE: Not to Scale Scale
As Noted
RECEIVED Sheet No. File No.
2 of 2 J446
JUN 2 2 2023 PROPRIETARY AND
CONFIDENTIAL
MP SECTION The information contained in this
drawing is the sole property of
DCM MHD CITY Richard Penny Construction,LLC.
Any reproduction in part or whole
without the written permission of
Richard Penny is prohibited.

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q6t GENERAL NOTES z - w co
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GROWTH ON NEIGHBORING
BACKYARD ACCESS STRUCTURE,TIDE CHARTS AND
/ THROUGH GAT: : OBSERVATIONS ON 18 MARCH 2022.
ANDREW AND HEIDI JOHNSO II 2) SUBMERGED AREA VEGETATION
/ 8740 BALD EAGLE LANE _ (MARC SURVEY
BY RPC MARINE, 19
WILMINGTON,NC 28411 EXISTING 3) PROPERTY DATA FROM SURVEY PER
DRIVEWAY PATICK C.BRISTOW,PLS,MARCH 29,
,:•;' : .. 'I 2019. Z
. . 4) CWL PER KATHARINE ELKS,CAMA ON V9
03/18/2022. Z Z r.
5) ZONED R2OS-NEW HANOVER COUNTY o J w
/ EXISTING ::........::•'•' 6) SETBACKS PER DEED: FRONT=30', LI N
DWELLING \` REAR=25',SIDE= 15' A u
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30'CAMA BUFFER, /' i•• •• • •••• Li W
EXISTING ••• ;••• LOT 11 SECTION A,PORTERS NECK = Z
POOL/DE• PLANTATION. z A O
A. . 8 AJF-
COASTAL WETLANDS MARKED 1., . . . , TOTAL AREA: 32,670 SQFT 8 J y z
BY KATHERINE ELKS,CAMA ti • •• •• •• :.: •'.�'.' •\ n
` 2a, EXISTING BUILDING: 6,445 SQFT '� a- o ¢A Z
POOL,DRIVEWAY a w ¢ r o f
PROPOSED BULKHEAD �i .•.'; •'•' •\ N. IMPERVIOUS: 19.7% ozNFJ-'
8'WING-WALL/RETURN EACH SIDE ii.• •.• • ` (n d . w
(CONNECTING NEIGHBORING BULKHEADS)„, i I. . . . 25. •! • ` L o
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NOTE 1 `s ry Richard L. Penny
No ;;• • • ,i r :�• --- \`I's� \s \\ • 133 SOUND VIEW DR
Hampstead,NC 28443
ROBERT HARRISON / `r 18,'' \9ct \ \ [phone]
8736 BALD EAGLE LANE \\
WILMINGTON,NC 28411 • --••- • _•STING 6'FINGER PIER,��11.,
C•.•.. .•.. % 225 •FT GAZEBO,AND TWO'�'Y LIPS `N.
•
NEIGHBOR'S BULKHEAD : ::: 10 0" , `N.
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GRAPHIC SCALE Scale
. ... . . .. \ 1'6 LW • � •� N.
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REPLACE XIS IN G S'X SW CHANNELS TRACK // N, Sheet No. File No.
>. 1J \ ,,vLW N,` \`, \'`\ 1 of 2 J446
( IN FEET ) NO VISABLE SAV 1.f�[DER N. N O N
PROPOSEDFLOATIN OC\ `�\` ``\� 4 N.0.7
`\POOPIDETAIAL
PROPRIETARY AND
The information contained in this
`�\ N.
\` / `\ drawing is the sole property of
/ 'Richard Penny Construction,LLC.
\
N N. Any reproduction in part or whole
/ without the written permission of
N.
Richard Penny is prohibited.